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Terms and conditions

Overview

These are the Terms and Conditions (“Terms”) for YourZooki Ltd (“we”, “us”, “our”) and they contain important information and rules that you must abide by when accessing our website: https://zooki.com (“Website”). We make available the Website to you, the user, subject to your acceptance of these Terms. If you do not accept these Terms, then you cannot access our Website. 

These Terms also set out the way in which we agree to sell our products (“Products”) to you, either via our Website or at one of our “pop-up” kiosks (“Kiosks”). These Terms have been separated into different sections for ease of navigation.

We may amend these Terms (and any of our other policies) from time to time to reflect updates to our Products and services. Every time you wish to use our Website or purchase any Products from us, please check these Terms to ensure you understand the terms that apply at that time.

Our Website and online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Products to you.

Company information and contact details

We are YourZooki Ltd, a company registered in England and Wales. Our company registration number is 10551603 and our registered office is at 105 Garstang Road, Preston, Lancashire PR1 1LD. Our registered VAT number is 277201019.

You can contact us by:

telephoning our customer service team at 01253 928393;

using the Contact us function on the Website; or

by writing to us at 105 Garstang Road, Preston, Lancashire PR1 1LD.

If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order or when you create any account to use our Website.

When we use the words "writing" or "written" in these Terms, this includes emails but not fax.

Your personal information

We will only use your personal information as set out in our Privacy policy

Access to the website

We cannot guarantee that our Website, our any content on it, will always be available or uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business or operational reasons. If you have created an account to use the Website, we will try to give you as much notice as is possible of any suspension or withdrawal. 

If, during the order process for our Products, you create an account to use our Website, you will need to chose a password as part of our security procedures. You must treat this information as confidential and not share it with anybody else. 

We may disable any user account at any time if in our reasonable opinion you have failed to comply with any of these Terms. 

If you know or suspect anyone other than you knows your account details, you must promptly notify us by contacting us (see section 2). 

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it or suggest any form of association, approval or endorsement on our part where none exists. 

If you wish to link to or make any use of content on our Website other than that set out above, you must obtain express consent from us, which we may withdraw at any time. 

Intellectual property rights

All trade marks, service marks, logos and trade names and other materials which appear on our Products, product packaging and/or on the Website, whether registered or not (“Intellectual Property”) remain the property of us or where applicable our licensors. This Intellectual Property is protected by laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Website solely for your personal use. You must not modify the paper or digital copies of any materials you have printed or downloaded in any way. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged. 

You must not use any of the content on our Website or our Intellectual Property for commercial purposes without obtaining a licence to do so from us or our licensors.

Data mining

You agree that you will not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Website or any services provided via, or in relation to, our Website. This includes using (or permitting, authorising or attempting the use of) any:

“robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Website or any data, content, information or services accessed via the same; or

automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit or data mining or web scarping activity by contract under the laws which are applicable to us.

Reliance on information

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. 

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. 

We have no control over the contents of those sites or resources.

Responsibility for viruses

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

You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software. 

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the service 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 a breach, your right to use our Website will cease immediately.

Purchasing products from us

The images of the Products on our Website and/or any promotional material are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours or the printed pictures in our promotional material accurately reflects the colour of the Products. Your Product may vary slightly from those images.

If you wish to purchase our products, you will be able to do so in different ways, which depends on whether you are physically in attendance at one of our Kiosks or browsing on our Website. This section will describe the ways that you can raise an order (“Order”) for the Products in both scenarios.

Kiosks 

If, following discussions with our sales team, you wish to purchase the Products at one of our Kiosks, you will be able to do so. A member of the sales team will take you through the typical order process via a tablet or laptop as though you were purchasing the Products via our Website. 

Website

If you wish to purchase the Products via our Website, you can do so either by creating an account or proceeding as a guest. To raise your Order, you must select the Products that you wish to purchase, your desired delivery method (please see our Shipping Policy) and proceed to complete the Order at the checkout page of the Website. 

Order Formalities 

We have the absolute discretion to decide whether or not we wish to accept your Order. Your Order will only be accepted when we send an email confirmation to you (to the email address provided when raising the Order) confirming our acceptance and that we are able to provide you with the Products. It will be at this point at which a contract will come into existence between you and us.

By raising your Order, you confirm that you are:

legally capable of entering into binding contracts; and

a resident within one of our serviced countries (for further information here, please see our Shipping Policy).

If we cannot accept your Order, we will inform you of this either in person at the time you raise your Order or otherwise in writing following submission of your Order. If we do reject your Order and you have paid any sums for the Products, we will promptly refund such sums to you. 

In emailing you to confirm acceptance of your Order we will provide you with a summary of the Products subject to that Order, applicable costs and delivery formalities. We will also provide you with a unique Order number, which can be used when raising any queries with us.

If any of the information which you provided within your Order changes at any time during the duration of the contract you must notify us of this fact. At this stage we will assess whether this affects our ability to provide the Products, the price or any other matter relating to the contract.

Price and payment

The price of the Products (which includes VAT) will be the price indicated on the checkout function of Website (whether or not you are purchasing the Products at one of our Kiosks or via the Website). We use our best efforts to ensure that the price of the Products (whether under a Subscription Plan or on a standalone basis) advised to you is correct. 

If the rate of VAT changes between your order date and the date we supply the Products, we will adjust the rate of VAT that you pay, unless you have already paid for the Products in full before the change in the rate of VAT takes effect.

You must pay for your Subscription Plan on a rolling basis, which depends on the Subscription Plan that you have subscribed to. Where you have agreed a Subscription Plan, we will not change the price of any recurring payments that you are required to pay. However, delivery options and associated costs (which, given our use of third-party providers, whose actions are outside of our control) may change and where this takes place we will notify you.

We accept payment with all major and debit cards and also American Express. We require that the price for the Products is paid on raising your Order and on the agreed recurring basis where you have purchased a Subscription Plan.

Changes to your order

If you wish to make a change to your Order), please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Subscription Plan and/or the Product, delivery dates or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. 

Please note that it is not possible to change your Order once the Products have been dispatched to you. It may be possible to return the Products under our Cancellation and Returns Policy, however return postage costs may apply. 

We may make minor changes to your Order or Subscription Plan in order to:

to reflect changes in relevant laws and regulatory requirements; or

to implement minor technical adjustments and improvements, for example to address a security threat.

These changes will not affect your Subscription Plan.

Subscription plans

In addition to standalone purchases of the Products you may purchase a recurring subscription plan for our Products (“Subscription Plan”). Details regarding the available Subscription Plans are Product specific and can either be found on our Website, at our Kiosks or by contacting us. 

By entering into a Subscription Plan, you agree and acknowledge that you will be liable to make an initial payment (for the first Order of the Products) and recurring payments (for each subsequent Order of the Products thereafter). The price and frequency of these payments will depend on your Subscription Plan and applicable discounts and offers that we may apply from time-to-time. 

We will submit periodic charges (in accordance with your chosen Subscription Plan) without further authorisation from you. However, you can cancel your Subscription Plan at any time and this will take effect following your next delivery of the Products. For information on how to cancel your Subscription Plan, please see our Cancellation and Returns Policy.  Depending on whether you are exercising statutory cancellation rights, you may still be liable to make payments in respect of the Subscription Plan following termination. 

Given the recurring nature of the Subscription Plan, Products are subject to availability. If the Products under your Subscription Plan are unavailable, we will contact you via email. We will then use commercial endeavours to deliver the Products to you as soon as possible, however you can alternatively cancel your Subscription Plan in accordance with our Cancellation and Returns Policy.

Cancellations rights and our 30-day guarentee

Where you have bought Products via our Website (whether pursuant to a Subscription Plan or otherwise on a standalone basis), under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“2013 Regulations”) you have a legal right to change your mind within 14 days (cancellation period) of your receipt of the Products and receive a refund for any payments you have made. 

In addition to your statutory rights under the 2013 Regulations, we operate a 30-day returns policy on all Products purchased via our Website or Kiosks, commencing from the day on which the Products have been delivered to you. After the 30-day period has expired, we cannot accept returns for any Products that we have supplied, unless we have breached our legal obligations to you (for example, under the Consumer Rights Act 2015).

Please see our Cancellation and Returns Policy which contains further information regarding our cancellation policy and how you can return any Products to us.

Delivering the products

The costs of delivery for the Products is as set out in our Shipping Policy . 

During the order process for the Products, we will let you know on which date we will provide the Products to you. Where you have purchased a Subscription Plan, this will be on the recurring basis that has been agreed with you, from the date you subscribe to our Subscription Plan, depending on which subscription you sign up to.  

We will supply the Products as per the Subscription Plan you have chosen to you until either you end the contract or we end the contract by written notice to you.

If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.

If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, we will contact you using the contact details that you have provided with us and otherwise make one further attempt to deliver the Products to you. Please note that further delivery charges may be applicable in the event of repeated deliveries. 

We will contact you in advance to tell you we will be suspending the Subscription Plan for the supply of the Products unless the problem is urgent or an emergency. If we have to suspend the Subscription Plan for the Products we will adjust the price so that you do not pay for the Subscription Plan whilst it is suspended. You may contact us to end the contract for the Subscription Plan if we suspend it or tell you we are going to suspend it and we will refund any sums you have paid for any Products you have paid for but not received in respect of the period after you end the contract. Please see our Cancellation and Returns Policy for more information.

If you do not pay us for the Products when you are supposed to (see clause 26) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend the Subscription Plan and the supply of the Products until you have paid us the outstanding amounts. We will contact you in writing to tell you we are suspending the Subscription Plan for the Products. We will not charge you for the Subscription Plan during the period for which it is suspended.

If there is a problem with the products

If you have any questions or complaints about your Subscription Plan or the Products, please contact us

We are under a legal duty to supply the Products that are in conformity with this contract. For detailed information on your key legal rights please visit Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. Nothing in these Terms will affect your legal rights. 

If you wish to exercise your legal rights to reject the Products (note that this does not apply when you are exercising your rights to cancel, but only where we have failed to comply with our legal obligations), you must return them by posting them back to us. We will pay the costs of postage, please contact us for a free returns label.

Your rights to cancel the contract

You can contact us to end your contract for the Products (whether under a Subscription Plan or on a standalone basis) at any time. In order to do so, please see our Cancellation and Returns Policy.  

In addition to your rights to cancel under our Cancellation and Returns Policy, you may also have a right to terminate the contract in the following circumstances: 

if what you have bought is faulty or mis-described (an example being where you have ordered one of our Products and what we have delivered is incorrect);


if you want to end the contract because of something we have done or have agreed in writing that we are going to do (an example here is where we have agreed to do something and we have failed to comply with that agreement); or

otherwise, where we have breached our obligations under the Consumer Rights Act 2015 (to supply Products of a satisfactory quality) and associated laws.

Nothing in these Terms or our Cancellation and Returns Policy seeks to limit or restrict our legal obligations or your rights under the Consumer Rights Act 2015.

Our rights to end the contract

We may end the contract at any time and at our absolute discretion by providing notice in writing to you. Specific examples of where we may end the contract are:

you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

you do not, within a reasonable time, allow us to deliver the Products to you;

you act unreasonably or in an obstructive manner when we attempt to deliver the Products to you; or

we are unable to provide the Subscription Plan.

If we end the contract in the situations set out above, we will refund any money you have paid in advance for the Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaching the contract (for example, where we cannot provide the Products due to your conduct).

How to end the contract with us

(Including if you are exercising cancellation rights).

To end the contract with us, please let us know by calling customer services on 01253 928393 or by writing to us at hello@yourzooki.com. Please provide your name, home address, details of your Subscription Plan or the Products that you have purchased, your order number, your phone number and your email address. 

We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then, in accordance with our Cancellation and Returns Policy, your refund will be made within 14 days of your telling us you have changed your mind.

Responsibility for loss and damage

Use of the Website

Whether you are a consumer or a business user we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. 

If you are a business user:

we exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.we will not be liable to you 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:

use of, or inability to use, our Website; or

use of or reliance on any content displayed on our Website.

In particular, we will not be liable for:

loss of profit;

loss of goodwill;

loss of business;

loss of business opportunity;

loss of anticipated saving;

loss or corruption of data or information; or

any indirect, special or consequential loss.

If you are a consumer user:

Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Sale of Products

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to supply Products of a satisfactory quality. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

Please see our Cancellation and Returns Policy which contains further information.

Which laws apply in the event of a dispute?

Please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident in Scotland, you may also bring proceedings in Scotland. You may wish to attempt to resolve any dispute without resorting to legal proceedings, and in such instance alternative dispute resolution may be used.

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