Effective Date: December 1, 2019 These WUZZOS Terms and Conditions apply to the website and all other online properties (the ‘Site’) operated by WUZZOS LTD, (‘WUZZOS’, ‘we’, or ‘us’). The use of the Site, including the purchase of any Products (as defined below) is subject to the following terms and conditions (the ‘Terms’). Please read these Terms carefully. By using this Site, you agree to these Terms as well as any other terms, guidelines or rules that apply to any portion of this Site, without limitation or qualification. If you do not agree to these Terms, then you must exit the Site immediately and discontinue any use of the information or products obtainable or accessible through the Site. If you have any questions about the Terms, please contact us at support@wuzzos.com. We provide the Site in order to enable you to browse and purchase WUZZOS products.
PRIVACY & ELIGIBILITY
I. Privacy We have adopted a Privacy Policy which can be found at www.wuzzos.com/privacy that you should refer to in order to understand how we collect and use your information. II. Electronic communication When you visit the Site, or send us emails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. III. Eligibility No part of the Site is directed to persons under the age of 13. If you are under 13 years of age, please do not use or access the site at any time or in any manner. If you are using the Site on behalf of a company, entity, or organisation (collectively ‘Organisation’), then you represent and warrant that you (a) are an authorised representative of that Organisation; (b) have the authority to bind that Organisation to these Terms; and (c) agree to be bound by these Terms on behalf of that Organisation.
COPYRIGHT & TRADEMARKS
IV. Copyright Images of people, places and/or products posted on this Site are either the property of WUZZOS or our licensors. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials (together, with ‘Marks’ (as defined below), ‘WUZZOS Content’) is the property of WUZZOS or its licensors, partners or affiliates and is protected by European and international copyright laws. The compilation of this Site is the exclusive property of WUZZOS and is protected by the United Kingdom and international intellectual property laws. Any unauthorised use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorisation. To inquire about obtaining authorisation to use the materials or content on this Site, please contact us at support@wuzzos.com. V. Trademarks All trademarks, service marks, and trade names (collectively the ‘Marks’) that appear on this Site are proprietary to WUZZOS, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of WUZZOS, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.
SITE & ACCOUNT
VI. Limited license and Site access We grant you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site. VII.Accounts, forms, registrations and passwords You represent and warrant that the information you provide to WUZZOS upon creating an account on the Site and at all other times will be true, accurate, current, and complete. To facilitate future purchases on the Site, you may choose to create an account by providing an email address and password. Please note that you may choose to use the Site and make purchases without creating an account. If you do create an account, your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorised access to or use of the Site and to preserve the confidentiality of your username and password, and any device that you use to access the Site. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify WUZZOS by email to support@wuzzos.com. You will be solely responsible for the losses incurred by WUZZOS and others due to any unauthorized use of your account.
PRODUCT & PAYMENT
VIII. Fees and payments; shipping. The price for Products available for purchase through the Site will be displayed to you on the Site. The prices displayed include taxes. Payments. The Site currently uses third parties to process payments. Pounds (GBP) All monetary transactions on the Site take place in Pounds (GBP). IX. Gift and offer codes; Referral Program From time to time, WUZZOS may offer qualified consumers ‘gift codes’ or ‘offer codes’ through a variety of promotional activities and communications (collectively referred to herein as ‘offer codes’) that are redeemable towards a purchase on wuzzos.com, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by WUZZOS in its sole discretion. Only valid offer codes provided or promoted by WUZZOS will be honoured at checkout. Codes supplied or promoted by third parties unauthorized by WUZZOS (including any unauthorised third-party websites) will not be considered valid. Each offer code promoted by WUZZOS is non-transferable and valid for single use on an item (or items) of merchandise as determined by WUZZOS. Offer codes may not be combined and may not be used in conjunction with the WUZZOS Referral Program–customers are limited to the use of a single offer code per order. Offer codes cannot be used towards purchase of non-branded merchandise, packaging or applicable taxes. For online purchases, the code must be entered in the ‘offer code’ field at checkout. Offer codes are valid online only. WUZZOS is not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The pound (GBP) value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. Expiry dates may apply to each offer code. Offer codes may be limited to a certain number of uses. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honoured. Spokespeople. From time to time, WUZZOS may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the brand. When you receive an offer code via a third-party source, such as a television or radio show host, please note that such individuals may have been compensated by WUZZOS for their statements. Referral Program. WUZZOS offers brand advocates the opportunity to refer friends to participate in the WUZZOS Referral Program. Offer codes may not be used in conjunction with the WUZZOS Referral Program. X. Warranty We stand behind our Products. Each Product that is manufactured by WUZZOS and purchased directly from WUZZOS is covered by a warranty, the terms of which can be found at www.wuzzos.com/warranty (together, the ‘Product Warranties’). If you are dissatisfied or believe there is a defect in any of your Products, please review the relevant warranty and, if you believe that you are entitled to take advantage of those terms, please contact us at support@wuzzos.com. XI. Refunds and returns; cancellation Returns. You may return any of your Products within the first 30 days after your receipt of that particular product, subject to the process detailed conditions described below for each product. Due to the permanent nature of the personalisation process used on our footwear, we are unable to accept returns for anything other than product quality issues. You may cancel an order any time prior to shipment. Refunds will be issued in the form of the original payment. If you purchased a Product using an offer code or gift code, the pound (GBP) value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. Return Procedure. Return shipping is free for UK customers (subject to CLUB membership terms); standard shipping rates apply for all other European and international customers. You may cancel an order any time prior to shipment. Refunds will be issued in the form of the original payment. Please follow the instructions below to return your Product. Return Conditions. The following conditions also apply to Product returns:
Carrier liability. Risk of loss and title for Products purchased from WUZZOS pass to you upon delivery of such Products (by WUZZOS or our manufacturer) to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments. Force Majeure. We shall not be liable for the delay or failure to supply a product from our site as a result of events that are beyond our reasonable control. Should any such event occur, we shall endeavour to contact you to make a decision as to whether the contract of sale should remain or be revoked.
CONTENT & COPYRIGHT
XII. Content you submit to WUZZOS From time to time, WUZZOS may allow you to post reviews, comments, photos, or similar materials on the Site (collectively, ‘Reviews’). We welcome your comments regarding our Products and services, including our Site. However, any Reviews you submit to WUZZOS must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material. By posting a Review on the Site, you hereby grant WUZZOS an unrestricted, assignable, sublicensable, perpetual royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, ‘Use’) all Reviews you post to the Site, for any purpose, including promoting and marketing WUZZOS and the Products. You further grant WUZZOS a royalty-free license to use the name, image, and likeness of any person identifiable in any Review you post to the Site. By posting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Review. Except for materials provided to you by WUZZOS through the Site, you represent, warrant, and covenant that (i) you either are the sole and exclusive owner of Reviews that you post to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to WUZZOS the rights in your Reviews as contemplated under the Terms, and (ii) the Reviews you post to the Site do not (A) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on non-consensual recording, or otherwise), or (C) require WUZZOS to obtain any licenses from or make any payments in any amounts to any third party throughout the world. No Objectionable Content. You agree not to submit Reviews that: (i) are or could be interpreted to be infringing, defamatory, libellous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by WUZZOS in its sole discretion; or (ii) introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code. Monitoring. WUZZOS has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any Reviews and remove, delete, redact or otherwise modify such Reviews, in our sole discretion, at any time and from time to time, without notice or further obligation to you. WUZZOS has no obligation to display or post any Reviews. WUZZOS, subject to our Privacy Policy, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request. XIII. Copyright If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send WUZZOS a ‘Notification of Claimed Infringement’ requesting that the material be removed, or access to it blocked. The notice must include the following information:
XIV. Use of the Site You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not:
Disclaimer We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties. You accept that any reliance on material posted by third-party service providers will be at your own risk. By using the Site, you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability. User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Site. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. To the fullest extent permitted by law, you release WUZZOS of all claims, demands, and damages in disputes among users of the Site. You also agree not to involve us in such disputes. Use caution and common sense when using the Site. Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Site. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Services. Use the Site at your own risk. We make no promises and, to the fullest extent permitted by law, disclaim all liability of specific results from the use of the Site. Released Parties Defined. ‘Released Parties’ include WUZZOS and its affiliates, officers, employees, agents, partners, and licensors. Except as expressly provided in the WUZZOS warranty for purchased products, you expressly understand and agree that, to the fullest extent permitted by law: (a) your use of the services site and products is at your sole risk, and the services site and products are provided on an ‘as is’ and ‘as available’ basis and the released parties expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, warranties as to products or services listed on the site, implied warranties of merchantability, fitness for a particular purpose, and non-infringement; (b) the released parties make no warranty that (I) the site will meet your requirements, (ii) the site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the site will be accurate or reliable, (iv) the quality of any goods or service available on the site will meet your expectations, or (v) any errors in the site will be corrected; and (c) any material downloaded or otherwise obtained through the use of the site is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device that results from the use of any such material.
LIMITATION OF LIABILITY
Nothing in these Terms of Service shall limit or exclude our liability to you:
• for death or personal injury caused by our negligence;
• for fraudulent misrepresentation;
• for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded;
• under Part I of the Consumer Protection Act 1987; or
• for any other liability that, by law, may not be limited or excluded.
Subject to the foregoing, in no event shall we be liable to you for any business losses, and any liability we do have for losses you suffer arising from any order shall not exceed the purchase price of the relevant product(s) purchased in such order and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any order that is caused by events outside our reasonable control.
DISPUTES
You agree that any dispute between you and us regarding these Terms of Service or any order will only be dealt with by the English courts, except that if you live in Scotland or Northern Ireland, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.
The European Online Dispute Resolution Platform http://.ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest and we are required to inform you that you may use it if there is a dispute that cannot be resolved between you and us.
GOVERNING LAW AND JURISDICTION
Subject to the Disputes section above, these Terms of Service shall be governed by and construed in accordance with English law.
We are required by law to advise you that orders may be concluded in the English language only and that no public filing requirements apply.
We reserve the right to update and revise these terms at any time. From time to time we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. You will know if these Terms have been revised since your last visit to the website by referring to the ‘Effective Date of Current Policy’ date at the top of this page; provided, however, that we will endeavour to provide you with prior notice of any material changes that will apply to you. Your use of our website constitutes your acceptance of these Terms. Waiver Either party’s failure to partially or fully exercise any rights or waiver of any breach of these Terms by the other party shall not prevent such party’s subsequent exercise of such right or be deemed a waiver by such party of any subsequent breach by the other party of the same or any other term of these Terms. Severability If any of these Terms are deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition. Nothing in these terms will affect any non-non-waivable statutory rights that apply to you. Entire agreement These Terms (including any document or terms expressly incorporated into these Terms) constitute the entire agreement between the user and WUZZOS with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
CONTACT
Contact: WUZZOS LTD, 24a
East Street, Rochford, Essex. SS4 1DB. United Kingdom. support@wuzzos.com