Terms of service
TERMS AND CONDITIONS BYSOMEONESDIARY LTD
This website is operated by BYSOMEONESDIARY LTD. By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to the following terms and conditions (“Terms and Conditions” and “Terms”), including the additional terms and policies referred to herein and/or available via hyperlink. These Terms and Conditions apply to all users of the site, including but not limited to users who browse, vendors, customers, merchants, and/or contributors of content.
SECTION 1 - ONLINE STORE TERMS
1.1 By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependants to use this site.
1.2 You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
1.3 You must not transmit any computer viruses, worms or any other destructive code.
1.4 A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - IDENTITY OF THE TRADER
Company name: BYSOMEONESDIARY LTD
Chamber of Commerce number: not applicable; registered at Companies House (England and Wales) under company number 17358354
Trade name: BySomeonesDiary (BSD)
VAT number: not applicable; see Section 12
Customer service e-mail address: hello@bysomeonesdiary.com
Business address: 71-75 Shelton Street, Covent Garden, London WC2H 9JQ, United Kingdom
SECTION 3 - GENERAL CONDITIONS
3.1 We reserve the right to refuse service to anyone for any reason at any time.
3.2 You understand that your content (excluding credit card information) may be transferred unencrypted and may involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
3.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
4.1 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
4.2 This site may contain certain historical information. Historical information is necessarily not current and is provided for your reference only.
4.3 We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES
5.1 Prices for our products are subject to change without notice.
5.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
5.3 We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 6 - PRODUCTS OR SERVICES
6.1 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
6.2 We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
6.3 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
6.4 We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
7.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
7.2 These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail address and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
7.3 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 8 - PRICE
8.1 All prices for products displayed on the website are exclusive of VAT, import duties, customs clearance costs and other local taxes or levies applicable in the country of destination. As the trader does not charge VAT on these sales (see Section 12), the customer is fully responsible for all such import costs.
8.2 Notwithstanding the foregoing, the trader may offer products or services with variable prices that depend on fluctuations in the financial market over which the trader has no influence. This dependence on market fluctuations and the fact that any prices stated are indicative shall be clearly stated in the offer.
8.3 Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
8.4 Price increases occurring more than 3 months from the conclusion of the contract are only permitted if the trader has stipulated this, and
a. they result from statutory regulations or provisions; or
b. the consumer has the right to terminate the contract with effect from the date on which the price increase takes effect.
SECTION 9 - OPTIONAL TOOLS
9.1 We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
9.2 You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
9.3 Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
9.4 We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
SECTION 10 - THIRD-PARTY LINKS
10.1 Certain content, products and services available via our Service may include materials from third parties.
10.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third parties.
10.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.
SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
11.1 If, at our request, you send certain specific submissions (for example contest entries), or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by post or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are under no obligation:
a. to maintain any comments in confidence;
b. to pay compensation for any comments; or
c. to respond to any comments.
11.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms and Conditions.
11.3 You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.
11.4 We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 12 – IMPORT AND VAT
12.1 Shipping environment: The Customer acknowledges that all goods ordered through this website are shipped directly by a third-party supplier located outside the European Union (EU) and the United Kingdom (UK). The goods do not enter the commercial stream of the UK or the EU through the trader.
12.2 Place of supply and exclusion of VAT: In accordance with the applicable VAT regulations (including Articles 32-33 of EU Directive 2006/112/EC and comparable national provisions such as Article 5(1) of the Dutch Turnover Tax Act 1968), the place of supply for VAT purposes is deemed to be the country in which the transport commences (i.e. outside the EU/UK). Consequently, no VAT is charged by the trader on the sale of these goods. The prices displayed are therefore exclusive of VAT or import duties.
12.3 Customer as importer of the goods: The customer acts as importer of the goods in the country of delivery and is fully responsible for compliance with all import formalities.
12.4 Customer's Responsibility for Import Costs: The Customer expressly acknowledges and accepts that he or she is solely responsible for the declaration and payment of all applicable import costs upon arrival of the goods in the country of destination. This includes, but is not limited to: a) Import VAT at the rate applicable in the country of destination; b) Customs duties, levies or taxes; c) Customs clearance costs, brokerage fees or administrative surcharges imposed by the customs authorities or the postal/courier service.
These costs are usually collected from the Customer by the delivering postal or courier service prior to or at the time of delivery. The Trader is not involved in the assessment or collection of these import costs.
12.5 No liability for import costs or delays: The trader is in no way liable for import VAT, duties, taxes or delays, seizures or non-deliveries arising from non-compliance by the customer. By placing an order, the customer accepts these conditions and indemnifies the trader against all related claims or costs.
SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS
13.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability.
13.2 We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time without prior notice (including after you have submitted your order).
13.3 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 – PROHIBITED USES
14.1 In addition to other prohibitions as set forth in these Terms, you are prohibited from using the site or its content:
a. for any unlawful purpose;
b. to solicit others to perform or participate in any unlawful acts;
c. to violate any international, federal, provincial or state regulations or local laws;
d. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
e. to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
f. to submit false or misleading information;
g. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
h. to collect or track the personal information of others;
i. to spam, phish, pharm, pretext, spider, crawl or scrape;
j. for any obscene or immoral purpose; or
k. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
14.2 We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
15.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
15.2 We reserve the right to remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
15.3 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
15.4 In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 16 – RETURN POLICY
16.1 The customer has the right to return the product within 14 days of receipt. The customer bears all costs associated with the return shipment of the product. The product must be returned directly to the supplier.
16.2 BYSOMEONESDIARY LTD is not responsible or liable for any costs associated with the return shipment of the product. The customer agrees to indemnify BYSOMEONESDIARY LTD for any expenses or liabilities in connection with the return process.
SECTION 17 – INDEMNIFICATION
You agree to indemnify BySomeonesDiary and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 18 – SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. This provision does not affect the validity and enforceability of any other remaining provisions.
SECTION 19 – TERMINATION
19.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
19.2 These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
19.3 If in our sole judgement you fail to comply with any term or provision of these Terms and Conditions, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination; and we may accordingly deny you access to our Services (or any part thereof).
SECTION 20 – ENTIRE AGREEMENT
20.1 The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
20.2 These Terms and Conditions and any policies or operating rules posted by us on this site or in respect of the Service constitute the entire agreement and understanding between you and us, and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including any prior versions of the Terms and Conditions).
20.3 Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party. This means that if there are unclear parts of the terms, these may not be interpreted against us, but in a manner that is reasonable and in favour of the company.
SECTION 21 – GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the Netherlands.
ARTICLE 22 – PRECEDENCE OF THESE TERMS OVER THE TERMS OF THE COUNTERPARTY
These Terms and Conditions take precedence over all terms of the counterparty, including those in orders, invoices or other documents of the counterparty. Terms of the counterparty that conflict with or deviate from these Terms and Conditions are expressly rejected, unless we expressly agree to them in writing.
ARTICLE 23 – PRECEDENCE OF THE AGREEMENT
If there are contradictions or inconsistencies between the provisions of these Terms and Conditions and the provisions of a specific agreement between the customer and the trader, the provisions of that specific agreement shall prevail. Conflicting provisions in the Terms and Conditions shall in that case be disapplied.
SECTION 24 – CHANGES TO TERMS AND CONDITIONS
24.1 You can review the most current version of the Terms and Conditions at any time on this page.
24.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
24.3 Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.