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The Site is provided by GPS Products, Inc. a Domestic US Corporation which owns the Essence of Youth’s Product Trademark Label.
We reserve the right to change the way the Site works from time to time and to withdraw any features or contents provided on the Site without giving notice.
(a) You may shop as a guest or you must register with the Site to purchase products from the Company.
(b) When you register, we ask you to provide certain information about yourself that is true, accurate, and up to date. Should any of your registration information change, please go to [“Edit profile”] [link] and make the required changes.
(d) You can cancel your registration at any time by contacting firstname.lastname@example.org
(e) After submitting the required information you will be able to purchase products from the Site, any purchase will be subject to our Online Sales Policy.
PASSWORDS AND SECURITY
(a) When you register you will be given a username and password. You must keep your password secure and must not disclose it to or share it with anyone.
(b) You will be responsible for all activities and orders under your password. If you know or suspect that someone else has your
password, you should go to Edit account information and change it yourself, or contact us at email@example.com
(c) We reserve the right to change your password if we believe that it is no longer secure.
(d) If you forget your password please visit the Forgot Your Password page where you will be able to reset your password [if you satisfy our security check].
FORMATION OF CONTRACTS
(a) No contract exists between you and the Company for the sale of any goods until the Company has received and accepted your order and sends you confirmation by email to the email address you provide. Once the Company does so there is a binding legal contract between us.
(b) The Group reserves the right to enforce any term of the binding contract made between you and the Company pursuant to the Contract (Rights of Third Parties) Act 1999.
(c) The contract is subject to your right of cancellation as a consumer
DESCRIPTION, SPECIFICATION AND PRICE OF GOODS
(a) All goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Company will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
(b) The description, specification and price of the goods you order will be as shown in the Company’s current catalogue or on the Site at the time you place your order.
(c) The Company’s policy is to improve its products continually, and so reserves the right to make minor technical changes to the specification of the goods without affecting their then function, quality or price.
(d) Every effort will be made to ensure that prices shown in the Company’s current catalogue or on the Site are accurate at the time you place your order. If an error is found prior to shipping the goods, the Company will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, the Company will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
(e) In addition to the price, you will be required to pay a delivery charge for the goods, as shown in the section of the Company’s catalogue or the Site.
(f) Where the goods are supplied for export from the United States, you will be liable for shipping charges as agreed with the Company and displayed on the ‘Delivery’ section of the Site, and responsible for complying with any legislation or regulations governing the importation of the goods into the country of destination.
(g) The Company will pay all import duties, customs taxes and local sales taxes when shipping to the countries listed under the heading ‘Taxes and Duties’ in the ‘Delivery’ section of the Site. If goods are being shipped to any other country, you will be liable for any duties imposed on those goods by the country of destination.
(a) Payment for the goods and delivery charges can be made by any method shown in the Company’s current catalog or shown on the Site at the time you place your order.
(b) The Company will accept payment in US Dollars (USD). You will be charged in the currency indicated next to your choice of country in the ‘Home’ section of the Site, regardless of the location of any billing or shipping address that you provide. If the currency shown is different from the denominated currency of the credit or debit card you are using to make the payment, the Company will not be liable for any loss caused by any charges or exchange rates imposed by your credit or debit card issuer as a result.
(c) Upon checkout, you will be notified of any delivery and shipping charges you may be liable to pay.
(d) All payments are made to and processed by the Company.
(a) The goods you order will be delivered to the address you give when you place your order, subject to confirmation by the Company.
(b) If our service provider, cannot deliver to your address, the Company will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.
(c) If there is no one at the address given who is competent to accept delivery of the goods, you will be notified by our service provider of alternative delivery date or a place to collect the goods.
(d) Every effort will be made to deliver the goods as soon as possible after your order has been accepted. The Company aims to ensure delivery within the delivery time frames indicated on the ‘Delivery’ section of the Site. The Company will not be liable for any loss or damage suffered by you through any unreasonable or unavoidable delay in delivery.
(e) You will become the owner of the goods you ordered and responsible for risk of loss or damage to them once they have been delivered to you.
YOUR RIGHT OF CANCELLATION
(a) You have the right to cancel the contract at any time up to the end of seven working days after you receive the goods. A working day is any day other than weekends and bank or other public holidays in the United States.
(b) To exercise your right of cancellation, you must give written notice to the Company by email, at the address or fax number shown below, giving details of the goods ordered and (where appropriate) their delivery.
(c) If you exercise your right of cancellation after the goods have been delivered to you, you must return the goods to the Company at your own cost, in an unused and otherwise re-saleable condition. The goods must be returned to the address shown below. You must take reasonable care to ensure the goods are not damaged while in your possession or in transit.
(d) Once you have notified the Company that you are cancelling the order, the Company will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
(e) If you do not return the goods as required, the Company may charge you for the direct costs of recovering the goods.
(f) You do not have the right to cancel the contract if the order is for goods which are specially designed for you, or which have been amended, modified or customized in accordance with your instructions.
(g) For all other returns, please read returns policy on the ‘Returns’ section of the Site. This does not affect your statutory rights as a consumer. All refunds will be made in the same currency as the related purchase. The Company will not be liable for any loss this may cause due to fluctuations in exchange rates or any other related reason causing the value of the refund to be less than the sum originally paid.
(a) All goods supplied by the Company are warranted free from defects in workmanship or materials for a period as shown in the Company’s current catalog or on the Site. This warranty does not affect your statutory rights as a consumer.
(b) This warranty does not apply to any defect in the goods arising from fair wear and tear willful damage, accident, negligence by you or any third party, use otherwise than in accordance with the Company’s instructions, or any alteration or repair carried out without the Company’s approval.
(c) If the goods supplied to you develop a defect while under warranty, or you have any other complaint about the goods, you should contact the Company by phone or notify the Company fax or email, as shown below. Please refer to the Company’s policy on the ‘Returns’ section of the Site for more information.
USE OF THE SITE
(a) You may access the Site solely for your own personal use. You must not use any content provided on the Site for any illegal purpose.
(b) In particular, you may not use the Site for any of the following purposes:
(i) disseminating any unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, or otherwise objectionable material or otherwise breaching any laws;
(ii) transmitting material that encourages conduct that constitutes a criminal offense, or otherwise breaches any applicable laws, regulations, or code of practice;
(iii) interfering with any other person’s use of the Site; or
(iv) making, transmitting, or storing electronic copies of materials protected by copyright without the permission of the owner.
(c) If you breach this provision, you will be responsible for any losses and costs resulting from your breach.
(d) We may terminate your use of the Site with immediate effect if you breach any of these Terms.
(e) If you choose to access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
(a) While we try to ensure that the Site is normally available 24 hours a day, we cannot be held responsible if for any reason the Site is unavailable at any time or for any period.
(b) We reserve the right to suspend access to the Site at any time for operational, regulatory, legal, or other reasons.
(c) Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance, or repair, or for reasons beyond our control.
(d) Although we make all reasonable efforts to ensure that the server that makes the Site available is bug and virus-free, we cannot provide any guarantee in this respect.
(e) You are responsible for obtaining Internet access to the Site from where you are in order to use the Site. We cannot be held responsible for your failure to access the Site from any location or browser. Any access fees incurred in reaching the Site (e.g. dial-up charges) are your responsibility.
(f) Due to the nature of the Internet and the fact that your access to the Site involves functionality outside our control, we cannot be held responsible for technical problems that you may experience with the Site.
(g) While we try to use all reasonable care in providing access to the Site, we cannot be held responsible for any corruption or loss of data held on your computer, or any damage caused to your computer resulting from your use of the Site.
INTELLECTUAL PROPERTY RIGHTS
(a) By shopping on this site you accept without limitation or qualification the terms and conditions of Essence of Youth.
The Group owns all intellectual property (including without limitation the Essence of Youth name, trademarks (registered and unregistered), all copyright and designs, logos, and images) in the goods produced by the Group and displayed on the Site and in its catalogues.
(b) No third party, except as expressly permitted in writing by the Group shall have any rights to use any of the Group’s intellectual property, nor shall they have any rights in any designs, plans, drawings or images, or names or logos, relating to the goods, their packaging or to any materials displayed on this Site. All these rights are protected by registration and/or applicable laws and all of the Group’s rights against any third party who uses them without express consent are expressly reserved.
(c) All intellectual property rights in any part of the Site are owned by or licensed to the Group. No intellectual property right in any part of the Site, including without limitation rights to any designs comprising the goods or any parts of them, are intended to, nor shall they be deemed to, transfer to any person who accesses the Site.
(d) The Group may at its own discretion and without giving notice alter, remove or suspend any part of the Site. In no event will the Group be liable for any loss or damage arising as a result of modifications made to the Site.
DISCLAIMER OF LIABILITY
(a) We will not have any liability arising out of or in connection with the use of the Site or its non-availability for:
(i) any business losses (such as loss of profits, business, contracts, or goodwill); or
(ii) any matters due to any events outside our reasonable control; or
(iii) any unforeseeable losses or damages.
(b) We do not seek to exclude or limit our liability for death or personal injury caused by negligence, or fraudulent misrepresentation, or any other liability which may not be excluded by law.
(c) We will have no liability arising from any link being placed on the Site to another website for which we are not responsible.
Unless otherwise stated in these Terms, all notices from you to us must be in writing and sent to our contact address a 244 5th Ave Suite 2884 New York, NY 10001 All notices from us to you will be displayed on the Site from time to time.
GOVERNING LAW AND JURISDICTION
These Terms are governed by New York State Law and you and we agree to submit to the jurisdiction Supreme Court of New York State.
If you require further information about the Company or any content on the Site, please contact us at firstname.lastname@example.org
GPS Products, Inc 244 5th Ave -Suite 2884 New York, NY 10001