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TERMS & CONDITIONS

Last updated: 15th March 2017 

1. Introduction

1.1. This website is owned and operated by Etefy Limited, a company incorporated in England and Wales under company  number 09643226 and have our registered office at A03 Parkhall Business Centre, 40 Martell Road, London, United Kingdom, SE21 8EN. Our trading address is at A03 Parkhall Business Centre, 40 Martell Road, London, United Kingdom, SE21 8EN. Our VAT number is 228612609.

1.2. Please read these terms and conditions carefully before you start to use our website. They cancel and replace any previous versions. By using our website you agree to be bound by these terms and conditions. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future. If you do not agree to these terms and conditions of use, you must not use our website. 

1.3. These terms and conditions apply to your use of our website at www.etefy.co.uk. Use of our Etefy app is subject to separate terms and conditions.

2. Changes to the terms and conditions

2.1. We may change these terms and conditions of use at any time by posting the revised version on our website. Please check this page from time to time and take notice of any changes we have made to these terms and conditions of website use as you will be bound by the revised terms if you continue to use our website.

3. Your content on our site

3.1. If we allow you to upload any comments, reviews or other content to this website, you must ensure that such information is accurate, that it complies with all applicable laws, regulations and codes of conduct and that it does not infringe any third party intellectual property or other rights. Also, your content must not be defamatory, offensive, vulgar, racist, obscene, abusive, threatening, harassing, invasive of another’s privacy or similarly inappropriate.

3.2. We reserve the right without notice or refund to suspend, alter, remove or delete any content or to disclose to the relevant authorities any such content if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant content.

3.3. You must not misuse our website by knowingly introducing viruses, Trojans, worms, logic bombs, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored, or any server, computer, or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such breach, you right to use the website will cease immediately. 

3.4. Any content you upload to our website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant to us a limited licence to use, store and copy that content and to distribute and make it available to third parties. 

3.5. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by your or any other user of our website. 

4. Security

4.1. If we enable you to create an account on our site, you acknowledge that this is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

4.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. 

5. Availability of our site

5.1. We make our website available free of charge. 

5.2 We do not guarantee that our site will always be available, uninterrupted or error-free. We are entitled without notice and without liability to suspend, withdraw, discontinue or change all or any part of the site for repair, maintenance, improvement or for any other reason. 

5.3 Access to our website is permitted on a temporary basis. 

6. Our content

6.1. We may update our website from time to time, and may change the content at any time. However, we do not guarantee that any information or content that we may make available on our website is accurate or up to date, and we are under no obligation to update it. You rely on it at your own risk.

6.2 The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website. 

6.3 We do not guarantee that our website will be secure or free from bugs or viruses. 

7. Privacy

7.1. You acknowledge and agree that we may process your personal data in accordance with the terms of our Privacy Policy and our Cookie Policy.

7.2 Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our website, you consent to such processing and you warrant that all data provided by you is accurate. 

7.3 Our Cookie Policy sets out information about the cookies on our website.  

8. Intellectual property rights

8.1. All trademarks, logos, text, content (including our website’s structure and layout, but excluding any comments or opinions provided by you), graphics, images, photographs, animation, videos and software used on this site are our intellectual property or that of our partners or suppliers. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.

8.2. For the avoidance of doubt you may not collect, scrape or harvest any content on our website or deep-link to or frame content on our website without our specific prior written consent.

9. Third party websites

9.1. We may link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or the goods or services which they offer. You use such third party sites at your own risk.

10. Liability

10.1. Nothing in these terms and conditions in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not be excluded or limited by English law.

10.2. You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.

10.3. To the extent allowed by law, you and we exclude all conditions, warranties, representations or other terms which may apply to our website, whether express or implied, and whether imposed by statute or by law or otherwise, that are not expressly stated in these terms and conditions. In this clause, any reference to us includes our employees and agents.

10.4. Our liability of any kind (including our own negligence) with respect to our Service for any one event or series of related events is limited to £[100].

10.5. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

a. use of, or inability to use, our website; or 

b. use of or reliance on any content displayed on our website. 

10.6. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it. 

10.7. . In no event (including our own negligence) will we be liable for any:

a. economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);

b. loss of goodwill or reputation;

c. special, indirect or consequential losses; or

d. damage to or loss of data

10.8. You will indemnify us against all claims and liabilities directly or indirectly related to your breach of these terms and conditions.

10.9. These terms and conditions constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

11. English law

11.1. These terms and conditions shall be governed by the law of England & Wales and are subject to the exclusive jurisdiction of the courts of England & Wales.

12. General

12.1. Orders made outside of our delivery zone (London's M25), will incur a delivery charge (depending on location) and be shipped to you via 24hr courier.

12.2. We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.

13. Complaints

13.1. If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.

14. Trademarks

14.1 is the registered trademark of Etefy Limited.

15. Return and Refund Policies

15.1. As long as it is within the relevant cancellation period, if you decide that you do not want to receive or keep any non-perishable products, you can notify us of your decision to cancel the contract and receive a refund. The cancellation period for non-perishable products is 28 days from the date of delivery. You can return these products to the delivery driver at the time of delivery.

15.2. If a delivery is attempted and you are not home or available to receive it, we will incur a charge of £5.99 and arrange a redelivery for your order.

15.3. Your right to return an item does not apply to perishable products (e.g. food, drink, fresh flowers, etc.) unless these products are defective on delivery.

15.4. If any products are found to be defective you can hand these products back to the driver at the time of delivery. We will promptly and fully refund the price of any Goods that do not meet with your reasonable satisfaction, provided that you notify us within 14 days of delivery of the products.

15.5. We ask that items are returned to us with their original packaging and with any tags intact. In the event that any seals or tags are removed or tampered with, we shall not permit that item to be returned nor shall we refund the cost of this item to you.

15.6. We will credit your payment card with the price of such products within 30 days from the date you returned the products to us (provided payment has already been debited to your payment card). If you choose to return products by post you will be responsible for the cost of postage.

15.7. If any products were purchased at an offer price, your refund will be based on that promotional price.

16. PayPal Policies

16.1. If your basket contains alcohol, tobacco or certain medicinal products we will be unable to accept PayPal as a valid payment method. Please refer to the PayPal Acceptable Use Policy for more information on these products.