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TERMS AND CONDITIONS

You will be asked to expressly agree to these terms and conditions before ordering Products from this Site. Please read them carefully. If you do not agree to them, do not order any Products from this site. In order to indicate your acceptance of these terms and conditions, you must click the tick box marked “I Agree” on the checkout page.

Please note that you may only purchase Products from this site if you are over 18.

(1) Definitions and interpretation

In this Agreement “we” means YesZim Ltd (and “us” and “our” shall be construed accordingly) a limited company registered in England and Wales whose registered office is 27 Falmouth Street Newmarket CB8 0LE company registration number 6312641. In this Agreement “you” means the relevant customer or potential customer as the case may be (and “your” shall be construed accordingly).

Our email address is customer@yes-zim.com. All customer queries will be answered within 48 hours.

In this Agreement, the following definitions shall apply:

“Agreement” means this agreement incorporating any terms set out in our Second Acknowledgement;

“First Acknowledgement” means the initial automatic email acknowledgment which we will send to you after receiving your Order;

“Order” means your order for Products made via the Site;

“Products” means goods or services which may be purchased by you from the Site;

“Second Acknowledgement” means the email acknowledgment which we will send to you (where appropriate) confirming acceptance of your Order; and

“Site” means the website at http://www.yes-zim.com or any successor site operated by us from time to time.

(2) This Agreement

The advertising of Products on the Site constitutes an “invitation to treat”; and your Order for Products constitutes a contractual offer. No contract comes into force between you and us unless and until we accept your Order.

In order to enter into this Agreement with us, you will need to take the following steps: (i) you must add any the Products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; (iii) once you are logged in, you must select your preferred method of delivery and confirm your Order and your consent to the terms of this Agreement; (iv) you will be transferred to the Paypal website, and Paypal will handle your payment; (v) we will then send you the First Acknowledgment; and (vi) once we have checked whether we are able to meet your Order, we will either send you the Second Acknowledgement (at which point this Agreement will become a binding contract) or we will confirm by email that we are unable to meet your Order.”

Please note that we will not file a copy of this Agreement. We may update the version of this Agreement on the Site from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of this Agreement for your records.

The only language in which we offer this Agreement is English.

Before you place your Order, you will have the opportunity of identifying whether you have made any input errors by reviewing your details. We assist with this by ensuring that data input meets normal field requirements and ensuring that your selected items and input information is displayed clearly You may correct those input errors before placing your Order by amending the details you have input on the site or contacting our customer service department who will assist you.

(3) About Us

Our full name is YesZim Ltd. We are a limited company registered in England and Wales Our registered office is 27 Falmouth Street Newmarket CB8 0LE and our principal trading address is 27 Falmouth Street Newmarket CB8 0LE . Our company registration number is 06312641. Our email address is customer@yes-zim.com. All customer queries will be answered within 48 hours.

(4) The Products

YesZim is a gifting company. Our products include groceries, food hampers and sundry gifts and essentials. A full description of our products and pricing is available on the site.

(5) Price and payment

Prices for Products are quoted on the Site. The Site contains a large number of Products and it is always possible that some of the Products listed on the Site may be incorrectly priced. We will verify prices as part of our sale procedures so that a Product's correct price will be stated in the Second Acknowledgement/when you pay for the Product.

In addition to the price of the Products, you may have to pay a delivery charge, which will be as stated in the Second Acknowledgement/when you pay for the Product.

Payment will be authorised at time of checkout through our payment solution provider Paypal. We may withhold the Products and/or terminate this Agreement if the price is not received from you in full, on time, in cleared funds.

The prices on the Site include any value added or sales taxes (where applicable).

Payment for all Products must be made by credit or debit card during the checkout process OR any method detailed on the Site from time to time.

Prices for Products are liable to change at any time, but changes will not affect Agreements which have come into force.

(6) Delivery

For applicable products, we will arrange for the Products to be delivered to the address for delivery indicated in your Order.

We will use reasonable endeavours to deliver Products on or before the date for delivery set out in our Second Acknowledgement or, if no date is set out in our Second Acknowledgement, within 7 days of the date of our Second Acknowledgement. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of Products will be dispatched within 14 days of the later of receipt of payment and the date of our Second Acknowledgement.

(7) Risk and title

The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you after we receive full payment of all sums due in respect of the Products (including delivery charges).

(8) Consumer rights

You may cancel this Agreement at any time within 7 working days after the day you received the Second Acknowledgement (subject to the limitations set out below).

You will not have any such right insofar as this Agreement relates to: (i) the supply of any Products which constitute audio or video recordings or computer software which have been unsealed by you; (ii) the supply of Products the price of which is dependent upon fluctuations in financial markets which we cannot control; or (iii) the supply of newspapers, periodicals or magazines.

If you cancel this Agreement on this basis, you must inform us in writing and return the Products to us immediately, in the same condition in which you received them. Products returned by you within the 7 working day period referred to above will be refunded in full (including the cost of sending the Products to you). However, you will be responsible for paying the cost of returning the Product to us.

If you cancel this Agreement on this basis and you do not return to the Products to us, we may recover the Products and charge you for the costs we incur in doing so. Similarly, if you return the Products at our expense, we may pass that expense on to you.

(9) Defective Products

You may also cancel this Agreement if the Products supplied are defective.

Products returned by you because of a defect will be refunded in full (including the cost of sending the Products to you, and the cost of returning the Products to us). Alternatively, if we and you agree, we may supply you with a replacement or substitute Product.

(10) Refunds

If you cancel this Agreement and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 7 days of the day we received your notice of cancellation.

(11) Warranties

We warrant to you that any Product you purchase through the Site will be of satisfactory quality.

You warrant to us that: you have full authority, power and capacity to enter into this Agreement and that all necessary actions have been taken to enable you to lawfully enter into this Agreement; you are legally capable of entering into binding contracts;  you are at least 18 years old; the information provided in the Order is accurate; and you will be able to accept delivery of the Products as contemplated in this Agreement.

Subject to the warranties set out in above, to the maximum extent permitted by applicable law we disclaim all warranties with respect to the Products, whether express or implied.

(12) Limitations of liability

Nothing in this Agreement shall limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) under section 12 of the Sale of Goods Act 1979, section 2 of the Supply of Goods and Services Act 1982, or section 2(3) of the Consumer Protection Act 1987; (iii) for fraud or fraudulent misrepresentation; or (iv) for any matter for which it would be illegal for to limit or exclude, or attempt to limit or exclude, liability.

Subject to this: (i) our liability in connection with any Product purchased through our site is strictly limited to the higher of the purchase price of the relevant Product and the replacement cost of the relevant Product; (ii) we accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; and (iii) we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement caused by events outside our reasonable control.

(13) General terms

Images of Products on the Site are for illustrative purposes; actual Products may differ from such images.

We will treat all your personal information that we collect in connection with your Order in accordance with the terms of our Privacy Policy; use of our website will be subject to our Website Terms and Conditions.

This Agreement may only be varied by an instrument in writing signed by both you and us. We may revise these terms from time-to-time, but such revisions will not affect the terms of any Agreement which we have entered into with you.

If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.
No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that term, provision or condition or any other term, provision or condition of this Agreement.

You may not assign, charge, sub-contract or otherwise transfer this Agreement, or any of your rights or obligations arising under this Agreement. Any attempt by you to do so shall be null and void. We may assign, charge, sub-contract or otherwise transfer this Agreement, or any of our rights or obligations arising under this Agreement, at any time – providing such action does not serve to reduce the guarantees benefiting you under this Agreement.

This Agreement is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under this Agreement is not subject to the consent of any person who is not a party to this Agreement.

This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.

This Agreement will be governed by and interpreted in accordance with the laws of England, and the English courts shall have exclusive jurisdiction with respect to any dispute arising under this Agreement.

 WEBSITE TERMS AND CONDITIONS

 

(1) Introduction

These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, do not use our website.

(2) Intellectual property rights

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

(3) Licence to use website

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions below.

You must not:

(a) republish material from this website (including republication on another website);

(b) improve your browsing experience by personalising the website;

(c) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

(d) edit or otherwise modify any material on the website

(e) redistribute material from this website [except for content specifically and expressly made available for redistribution [(such as our newsletter)].]

(4) Limitations of liability

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).

Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct or indirect loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise. Without limiting the generality of the foregoing exclusion, we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under terms and conditions or in connection with our website, whether direct or indirect, and whether arising in tort, contract, or otherwise.

However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

(5) Restricted access

Access to certain areas of our website is restricted to registered users. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password.

We may disable your user ID and password at our sole discretion.

(6) Reviews, Suggestions and comments published on the site

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.

You must not use our website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website for any purposes related to marketing without our express written consent.

You must not use our website to copy, publish or send mass mailings or spam.

You must not use our website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English and other applicable law. All material you copy, publish or send via our website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime[; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing

We reserve the right to edit or remove any material posted upon our website.

We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to our website, or commencing legal proceedings against you.

In respect of all material that you post on our website, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-licence such rights.

(7) Variation

We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.

(8) Entire agreement

These terms and conditions together with our privacy policy constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(9) Law and jurisdiction

This notice will be governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.

(10) Our contact details

The full name of our company is YesZim Ltd. We are registered in England & Wales under registration number 06312641.Our registered address is 27 Falmouth Street Newmarket CB8 0LE You can contact us by email to customer@yes-zim.com.