These terms and conditions regulate the business relationship between you and us. By using The YUK FUN Site in any way, or by buying from us, you agree to be bound by them.
We are: YUK FUN
Our address is:
3rd Floor Queensberry House
106 Queens Road
You are: a visitor to The YUK FUN Site / our customer
The terms and conditions:
In this agreement:
|“Carrier”||means any person or business contracted by us to carry Goods from us to you.|
|“Consumer”||means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.|
|“Content”||means any content in any form published on The YUK FUN Site by us or any third party with our consent.|
|“Goods”||means any of the goods we offer for sale on The YUK FUN Site, or, if the context requires, goods we sell to you.|
|“The YUK FUN Site”||means any website of ours, and includes all web pages controlled by us.|
|“Post”||means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to The YUK FUN Site, and the phrases “Posted” and “Posting” shall be interpreted accordingly.|
In this agreement unless the context otherwise requires:
2.1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2.2. these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
2.3. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
2.4. except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person;
2.5. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
2.6. the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
2.7. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
2.8. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
2.9. these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to The YUK FUN Site.
2.10. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our contract with you
3.1 This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
3.2 Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3.3 If you use The YUK FUN Site in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.4 Because we rely on our suppliers, we do not guarantee that Goods advertised on The YUK FUN Site are available. We may change these terms from time to time. The terms that apply to you are those posted here on The YUK FUN Site on the day you order Goods.
3.5 The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
3.6 If in future, you buy Goods from us under any arrangement which does not involve your payment via The YUK FUN Site; these terms still apply so far as they can be applied.
4. Acceptance of your order
4.1 Your order is an offer to buy from us. We shall accept your order by through The YUK FUN Site. That is when our contract is made. After receiving your order we will also confirm details of your purchase and tell you when we shall despatch your order.
4.2 If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
4.2.1 accept the alternatives we offer;
4.2.2 cancel all or part of your order.
5. Price and Payment
5.1 The price payable for the Goods that you order is clearly set out on The YUK FUN Site.
5.2 The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of The YUK FUN Site before we ask you to pay.
6. Security of your credit card
We take care to make The YUK FUN Site safe for you to use.
6.1 Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
7. If you buy as a Consumer
This paragraph applies if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Provided those regulations apply to the transaction concerned, then the following terms apply to the contract.
7.1 As required by the Regulations, details of our after-sales service and guarantees, if any, are given in The YUK FUN Site terms and conditions or in catalogues.
7.2 You may cancel your order at any time before the expiry of 14 days from the date you receive the Goods, not including the day you received it.
7.3 The option to cancel your order is not available:
7.3.1 if you purchase sealed Goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;
7.3.2 sealed audio or sealed video recordings or sealed computer software, if these become unsealed after delivery;
7.3.3 if the Goods become mixed inseparably (according to their nature) with other items after delivery.
7.4 If you decide to cancel your order within 14 days after we have despatched the Goods, you have a further 14 days in which to return the Goods.
7.5 You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
7.6 If you give notice to cancel the order to purchase the Goods, but then fail to return it within 14 days, we are entitled to arrange for its collection. If we do, we will look to you to repay the cost of collection.
7.7 If the Goods you return, show any sign of damage then we shall be entitled to deduct the cost from your refund money.
7.8 In the event of cancellation of an order by you in compliance with these terms, we will refund any money due to you within 14 days.
7.9 This paragraph does not affect your rights in the event that the Goods are faulty.
8. Delivery and pick up
8.1 Goods are delivered within 1 to 2 days from the day you place an order to purchase the Goods.
8.2 Deliveries will be made by Royal Mail to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
8.3 If we are not able to deliver your Goods within 1 to 2 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
8.4 Goods are sent by post. We will send you a message by email to tell you when we have despatched your order.
9. Foreign taxes and duties
9.1 If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.
9.2 You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
10. Liability for subsequent defects
10.1 We will repair or replace Goods which fail to comply with the provisions of the Sale of Goods Act 1979 or which show a defect. If you claim that the item is defective, the following conditions apply:
10.1.1 the defect must be reported to us within four weeks of becoming apparent;
10.1.2 the defect results only from faulty design or manufacture;
10.1.3 you have returned the defective Goods or parts to us if we have so requested.
10.2 If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the Goods free of charge.
10.3 If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
11. Goods returned
These provisions apply in the event that you return any Goods to us for any reason except as a result of your cancellation under the Regulations:
11.1 We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
11.2 The Goods must be returned to us as soon as any defect is discovered but not later than 14 days.
11.3 So far as possible, Goods should be returned:
11.3.1 with both Goods and all packaging as far as possible in their original condition;
11.3.2 securely wrapped;
11.3.3 at your risk and cost.
11.4 The procedure for return of Goods is set out on The YUK FUN Site. If you do not follow this procedure, we may be unable to identify you as the sender of the Goods.
11.5 If delivery was made to a UK address, you are also protected by the Sale of Goods Act 1979 and Supply of Goods and Services Act 1982.
11.6 If we agree that the Goods are faulty, we will:
11.6.1 refund the cost of return carriage;
11.6.2 repair or replace the Goods as we choose.
12.1 The law differs from one country to another. This paragraph applies so far as the applicable law allows.
12.2 All the conditions, warranties or other terms implied by the law of any county other than England and Wales are excluded from this agreement to the extent permitted by law.
12.3 We or our Content suppliers may make improvements or changes to The YUK FUN Site, the Content, or to any of the Goods, at any time and without advance notice.
12.4 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any website. We would be grateful if you bring to our immediate attention, any that you find.
12.5 We give no warranty and make no representation, express or implied, as to:
12.5.1 the quality of the Goods;
12.5.2 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
12.5.3 the correspondence of the Goods with any description;
12.5.4 the adequacy or appropriateness of the Goods for your purpose;
12.5.5 the truth of any Content on The YUK FUN Site;
12.5.6 non-infringement of any right.
12.6 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of The YUK FUN Site or the purchase of Goods.
12.7 Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods you have purchased.
13. Your account with us
13.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
13.2 If you use The YUK FUN Site, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
13.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
14. Restrictions on what you may Post to Our Website
You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:
14.1 be malicious or defamatory;
14.2 consist in commercial audio, video or music files;
14.3 be illegal, obscene, offensive, threatening or violent;
14.4 be sexually explicit or pornographic;
14.5 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
14.6 give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
14.7 solicit passwords or personal information from anyone;
14.8 be used to sell any goods or services or for any other commercial use;
14.9 include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
14.10 link to any of the material specified above, in this paragraph.
14.11 send age-inappropriate communications or Content to anyone under the age of 18.
15. Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
15.1 hyperlinks, other than those specifically authorised by us;
15.2 keywords or words repeated, which are irrelevant to the Content Posted.
15.3 the name, logo or trademark of any organisation other than yours.
15.4 inaccurate, false, or misleading information.
16. How we handle your Content
16.2 If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
16.3 We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
16.4 We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
16.5 You agree to waive of your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright, Designs and Patents Act 1988 s80.
16.6 Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
16.7 You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
16.8 You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
16.9 Please notify us of any security breach or unauthorised use of your account.
17. Removal of offensive Content
17.1 For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
17.2 We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
17.3 If you are offended by any Content, the following procedure applies:
17.3.1 Your claim or complaint must be submitted to us in the contact form available on Our Website or via email
17.3.2 we shall remove the offending Content as soon as we are reasonably able;
17.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
17.4 we may re-instate the Content about which you have complained or not.
17.5 In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
17.6 You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
18. Security of The YUK FUN Site
If you violate The YUK FUN Site we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
18.1 modify, copy, or cause damage or unintended effect to any portion of The YUK FUN Site, or any software used within it.
18.2 link to The YUK FUN Site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
18.3 download any part of The YUK FUN Site, without our express written consent;
18.4 collect or use any product listings, descriptions, or prices;
18.5 collect or use any information obtained from or about The YUK FUN Site or the Content except as intended by this agreement;
18.6 aggregate, copy or duplicate in any manner any of the Content or information available from The YUK FUN Site, other than as permitted by this agreement or as is reasonably necessary for your use of The YUK FUN Site;
18.7 share with a third party any login credentials to The YUK FUN Site.
18.8 Despite the above terms, we now grant a licence to you to:
18.8.1 create a hyperlink to The YUK FUN Site for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
18.8.2 you may copy the text of any page for your personal use in connection with the purpose of The YUK FUN Site.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
19.1 your failure to comply with the law of any country;
19.2 your breach of this agreement;
19.3 any act, neglect or default by any agent, employee, licensee or customer of yours;
19.4 a contractual claim arising from your use of the Goods;
19.5 a breach of the intellectual property rights of any person.
20. Intellectual Property
20.1 We will defend the intellectual property rights in connection with our Goods and The YUK FUN Site, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
20.2 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
20.3 You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
20.4 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
21. Miscellaneous matters
21.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
21.2 Where we provide goods without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
21.3 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
21.4 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
21.5 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
21.6 Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
|It shall be deemed to have been delivered:|
|if delivered by hand: on the day of delivery;|
|if sent by post to the correct address: within 72 hours of posting;|
|If sent by e-mail to the address from which the receiving party has last sent e-mail: within 48 hours if no notice of non-receipt has been received by the sender.|
21.7 In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
21.8 This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
21.9 Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.
21.10 In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
21.11 The validity, construction and performance of this agreement shall be governed by the laws of England and Wales.
Notice of right of cancellation: Right to Cancel
Information about your statutory right to cancel
Your right to cancel
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire 14 days after the contract was made. That means you can cancel before you have downloaded the product or we have delivered it to you.
How to cancel
To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, sent to us by post or e-mail.