Terms and Conditions
www.seventymochi.com is operated by Seventy & Mochi Limited (“we”, “us” and “our”). We are a limited company registered in England with Company Number 12451324, and VAT number 349 1319 92.
The following terms and conditions (“Terms”) constitute an agreement between you (“you”, “your” and as “our customer”) and Seventy & Mochi Limited in relation to your use of our website and related services (including any applications which allow you to buy our products from us on mobile devices) which may be made available to you by us.
We may modify the Terms from time to time at our sole discretion. Please read the Terms and check back often. If you do not agree to any of the Terms (or changes therein) then you must immediately stop using our website and (including any mobile applications which allow you to buy our products).
By using our website and by placing an order with us, you have deemed to have represented and warranted that you are at least 18 years old and are legally capable of entering into contracts. We reserve the right to only accept orders from our customers who are over 18 years of age.
You hereby covenant that the information that you provide when you register with us, whether to place an order or not, is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately. We may also change registration requirements from time to time.
We may change, withdraw, or suspend access to the website (in whole or in part and permanently or temporarily) with or without notice and with no liability to you or costs/compensation associated therewith.
The website may include links to other third party websites or resources. We have no control over the content of these websites and are not liable in any way for their content.
Any material related to us that you upload to the website or which you upload on the internet via any other medium (including all social media) will be considered non-confidential, non-proprietary and we will have the right to use, copy, distribute and disclose to third parties such material for any purpose. We also have the right to disclose your identity to any third party who claims that such material infringes their intellectual property rights or their right to privacy.
We will not be responsible or liable to you or any third party for the content or accuracy of any materials posted by you or any other user of the website and you agree to be responsible to us for and indemnify us and keep us indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by us as a result of any claim in respect of your use of the website.
We have the right to remove any material or posting you make on the website at our sole discretion.
PURCHASE OF PRODUCTS & ORDERS
When purchasing a product from our website you are intending on entering into a contract with us. You agree that your order is an offer to us to buy the product(s) listed in your order to us on the Terms. All orders are subject to our acceptance and availability. The contract between us and you shall not be formed at the point in time where payment has been received by us from you. Items that are placed in your shopping basket are not reserved and may be purchased by other customers. We may choose not to accept your order in our discretion for any reason without liability to you. Examples of occasions we may not accept your order are: that we are unable to obtain authorisation for payment; that in our judgment are not for personal use but for resale; shipping restrictions apply to a particular item; the item ordered is out of stock, the item ordered does not satisfy our quality control standards and is withdrawn; or that you do not meet the eligibility criteria set out within the Terms.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
You agree to use our website to make legitimate inquiries or orders. You agree not to make false or fraudulent representations while using our website. If we are of the opinion that any speculative order has been made, we shall be entitled to cancel the order and inform the relevant authorities. You will not interfere in any way with our website or our networks or related network security, or to attempt to use our website to gain unauthorized access to any other computer system.
After submitting an order to us, we will send you an order confirmation email. This email will include your order number, details of the Products you have ordered from us and delivery details. Please note that this email is an acknowledgement of your order and is not an acceptance of your order. There may be circumstances that may require us to refuse to process an order even after we have sent you an order confirmation email. We reserve the right to refuse to process an order at any time at our sole discretion.
Acceptance of your order and formation of a contract of sale takes place when your order has been dispatched and we have sent you an email confirming this. Even thereafter, we reserve the right to cancel your order. If we do not accept your order and payment against thereof has been deducted from your account, the funds will be fully refunded.
You acknowledge and accept that your purchase receipt will be provided to you electronically only. Paper copies of receipts will not be issued by us.
When placing an order for the first time, you may be required to or may be offered the option to register with us and complete certain required fields on an order form. You agree that all information which you submit is true and complete and that you will update such information to always keep it true and complete. Where we ask you to provide and use identifiers and passwords to access restricted parts of the website, it is on condition that you shall be responsible for ensuring that such identifiers and passwords are kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware or suspect any unauthorised use of your account.
We will store a record of your transactions for a minimum of one year.
Prices of each product shown on the website are in GBP (British Pound Sterling) and are inclusive of VAT. Prices do not include delivery costs.
All prices and offers remain valid as advertised from time to time. The GBP price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of obvious error. While we take care to ensure that all prices quoted on our website are accurate, if we discover an error we shall inform you as son as possible and give you the option of reconfirming your order at the correct price.
The customer is responsible to pay import duties and custom charges, and other costs that may be applicable to its orders.
Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.
If you are a customer whose credit/debit card is not denominated in GBP, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. Your card issuer or payment method provider may therefore apply other international bank charges. We have no control and cannot predict the amount of these charges. Please contact your issuing bank before placing your order if this applies to you.
We may from time to time offer promotional discount codes (these would be supplied directly from us), which may apply to any, or certain, specified items on the website. Such codes may only be applied to purchases of full-price items and cannot be used in conjunction with any other offer, sale or discounts. If an order has a discount applied that is erroneous and beyond the intended offer, we have the right to withhold the ordered items.
Discount codes are not valid on pre-order items.
Payment against your order, can be made by all payment methods which are indicated on our website.
You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
We have the right to cancel your purchase without prior notification. Examples of occasions we may choose to cancel your purchase are: your card details have been flagged by our fraud screening processes or are declined by our fraud screening processed.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.
RISK AND TITLE
The product(s) will be at your sole risk at the time of shipment. However, title to the product(s) shall only pass to you once we receive full payment of all sums due in respect of the products, including applicable costs such as delivery charges etc.
Our website (including any mobile applications which allow you to buy our products) and all content (including but not limited to logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music and software, and any combination of these) contained therein is either owned or licensed to us, and is protected by applicable copyright laws around the world. All such rights are reserved.
Our trade mark(s) and all other marks, trade names, service marks, brand names, business names, illustrations, logos, prints which appear on the products on the website or their packaging, whether registered or unregistered are either ours or licensed to us and are protected by applicable trade mark laws around the world. All rights are reserved.
All other intellectual property in or connected to the website, our products, or any related packaging, stationery, marketing material, or in any other way are either ours or licensed to us and such rights are protected by the applicable laws around the world.
Your use of the website and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to its content including our Software and all HTML and other code contained in this Site. You are permitted to access and make personal use of the website but such use is limited and does not include the right to:
- use the website in any way which may prejudice or damage our reputation;
- use the website for any commercial or business purposes;
- reproduce or redistribute the website or any of its contents for commercial or business purposes
- take any action that may impose an unreasonable burden or load on our infrastructure.
You may not download or save a copy of any of the content or obtain screen shots for any purpose except as otherwise provided by us. If you make use of our website, you may be violating intellectual property laws, which may subject you to liability for such unauthorized use.
We do not promise that the content of the website is accurate or error-free. We do not promise that the functional aspects of the website will be error free or that the website, its contents, nor the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
Opinions that may be expressed and/or published by individuals on our website are the personal opinions of the authors and do not reflect our views.
LIMITS ON OUR LIABILITY
All information published on our website is for your convenience. While we attempt to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies. We reserve the right to make corrections at any time without any notice.
You assume all responsibility and risk with respect to your use of our website and all services rendered therein which are provided on an as-is basis. We disclaim any warranties and representations of any kind, express or implied, regarding the information accessed from or via our website, including without limitation, all content and material, products and services, which are provided without warranty of any kind, including but not limited to warranty of availability or accuracy, completeness or usefulness of the information, uninterrupted access, merchantability or fitness for any particular purpose. We do not warrant that the website or its functions or content and material or the services made available therein, will be timely, secure, uninterrupted, or error free or that defects will be corrected.
Under no circumstances shall any of our affiliates, or officers, directors, employees, agents, service providers be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, lossess or causes of action, whether in contract or in tort, in law or in equity, including but not limited to negligence or otherwise, arising from any way related to the use of, or the inability to use, or the performance of the website or the content and the materials or functionality, including without limitation, loss of revenue or anticipated profits, or lost business, data or sales, or any other type of damage, tangible or intangible.
If we breach the Terms we shall only be liable for damages to you amounting to 100% of the total value of goods purchased.
You will hold us, our parents, subsidiaries, affiliates, officers and directors, employees and agents, harmless and fully indemnified against any and all costs, fines, penalties, liabilities, losses and other damages or any kind whatsoever (including attorneys’ and experts’ fees), that may be incurred by us and such parties, against any and all claims arising out of your use of our website or breach of these Terms and/or any fraud that you commit or intent to commit, and your violation of any domestic or foreign laws or the rights of any third parties.
Due to the open nature of the internet where our website operates, and the potential for errors in storage and transmission of data and digital information, we do not warrant the accuracy and security of information transmitted to us or obtained from our website.
We shall not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under an order you may have placed, that is caused by events beyond our control (a “Force Majeure” event). A Force Majeure event shall include any act, event, happening, non-happening, omission, accident, whether an act of God or manmade, such as strikes, lockdowns, civil commotions, unrest, threat or unrest, war, modern warfare, fire, explosion, impossibility of the use of roads, railways, airways, shipping lines, motor transport, acts of any governments etc.
You accept that any and all communication with us will be mainly electronic. We will contact you by email. You agree to this electronic means of communication and acknowledge that all contracts, notices, information and other means of communication that we provide to you electronically, through our website.
All notices given by you to us should be given to us preferably via the avenues of the contact provided on our website.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of your agreement of these Terms when you use our website. You agree that you may not and will not hold yourself out as a representative, agent, or employee of seventy + mochi, and we shall not be liable for any representation, act, or omission on your part.
SEVERABILITY AND WAIVER
If any of these Terms of provisions, become invalid, unlawful or unenforceable, to any extent, then such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions, which will continue to be valid to the fullest extent permitted by law.
No failure or relaxation by us to exercise our rights or remedies available to us, shall act as a waiver of such rights and remedies. A waiver of a default shall not constitute a waiver of any subsequent default. No waiver of these Terms shall be effective unless such waiver is communicated by us in writing.
DISPUTE RESOLUTION AND GOVERNING LAW
You agree that any controversy, claim, arising out of or relating to the Terms, shall be settled by mediation.
In case of a failure to reach a mutually acceptable resolution through mediation, you unconditionally bound yourself that all disputes, actions or proceedings, interpretation or otherwise of these Terms, or the use of our website and the services provided therein, shall be governed by and construed in accordance with the principles of English Common Law and the relevant courts at London will have exclusive jurisdiction to entertain such matters and or any other incidental matters whether related directly or indirectly to the use of our website and our services.
By agreeing to the above, and save to the extent provided above, you agree that you are waiving your right to enter into any form of binding arbitration, or any other statutory body or legal tribunal or small claims court of any other country. You agree that you are waiving your right for a jury trial and all other available dispute resolution processes.