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Terms and conditions - Lemoyl®

Terms and Conditions

Introduction

www.lemoyl.com (the "Website") is owned by Beetrend Digital Limited. If you have any questions regarding the Website or these terms and conditions, or in the unlikely event that you have any complaints about any products purchased by you from the Website or through any Applications (as defined below), you can contact us at:

Beetrend Digital Limited
6-9 Trinity Street
Dublin D02EY47
IRELAND


Use of website

These terms and conditions and any other policies referred to in these terms and conditions (including any policies or documents to which a link is provided from these terms and conditions) (together the "Terms") apply to your use and access to the Website and any other website or application permitting you to place an order with Lemoyl for any products and services (such websites and applications being the "Applications" for the purpose of these Terms) including all orders submitted by you for any products or services made available by us for purchase over the Website and/or the Applications. As the context requires, references to "Website" in these Terms shall also include Applications as applicable. By accessing this Website and/or Applications you acknowledge that you have read, understand, and agree to be unconditionally bound by these Terms and we therefore advise you to read these Terms carefully and to save or print a copy of these Terms and Conditions for future reference. If you do not agree to these Terms, you must cease using and accessing the Website and all Applications immediately. The Terms may be changed and updated from time to time and any changes will be effective from the publication of the amended Terms on the Website or relevant Application. Please note that all options available on our Website may not be available on any Application or the Website accessed using a mobile device.

Please note that these Terms do not affect your statutory rights as a consumer.

You agree that the information you provide when you register on this Website is not misleading, true and accurate in all respects and you will notify our customer service team of any changes to that information.

We may change, withdraw, or suspend access to this Website (in whole or part and permanently or temporarily) with or without notice and with no liability to you.

This Website may include links to other websites or resources ("Linked Websites"). Lemoyl has no control over the content of Linked Websites and you agree that, should you access a Linked Website using a link from this Website, Lemoyl is not responsible for the availability of the Linked Websites, and is not liable in any way for the content of Linked Websites, including (without limitation) any goods or services available from such Linked Websites, other advertising or content on such Linked Websites or the use that such Linked Websites make of your personal information. Furthermore Lemoyl will not be responsible for any offence, damage or loss caused by or connected to the use or reliance on such Linked Websites or the content thereon.

Lemoyl/Beetrend Digital Limited may deny you access to this Website for publication at any time in its sole discretion. Examples of when we may so deny you access include but is not limited to where we believe that your use of the Website is in violation of any of these Terms, any law or the rights of any third party or was not respectful to others.

Any material that you upload to this Website will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute, reproduce, exploit, modify, alter and/or and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.

Beetrend Digital Limited will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of this Website and you hereby agree to be responsible to Beetrend Digital Limited for and indemnify, defend and hold harmless Deetrend Digital Limited and keep Beetrend Digital Limited indemnified against all costs, damages, expenses, losses and liabilities (including reasonable attorney's fees) incurred and/or suffered by Beetrend Digital Limited as a result of any claim in respect of your use of the Website or any activity related to your account by you or any person other than Beetrend Digital Limited.

Beetrend Digital Limited has the right to remove any material or posting you make on the Website in Beetrend Digital Limited's sole discretion.

The Website and its services are not directed toward children under the age of 13. If you are under the age of 13, you are not permitted to use the Website or its services.


Purchase of products

Acceptance of orders

All information on the Website is an invitation to treat only and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order (the "Products") from us on the Terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order in our discretion for any reason without liability to you. Examples of when we may not accept your order are as follows:

  • If products are shown on the Website but are not available or are incorrectly priced or otherwise incorrectly described;
  • If we are unable to obtain authorization of your payment;
  • If shipping restrictions may apply to a Product.
  • If the delivery address you give is the address of an entity or individual providing freight forwarding services.

After submitting an order to us, we will send you an order acknowledgement email with your order number and details of the Products you have ordered. Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order and the formation of a contract of sale between us and you will not take place unless and until (i) we have sent you an email confirming that the Products have been dispatched ("Dispatch Confirmation").

When placing an order for the first time, you may be offered the option to register with us and will be required to complete certain required fields on an order form. We may provide you with and/or ask you to use identifications and passwords and other means for you to be able to access certain areas of the Website, such as the My Account section of the Website ("Secure Access"). Where we do so, it is on the condition that you shall be responsible for ensuring that such Secure Access is kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorised use of the Secure Access or if the Secure Access becomes available to an unauthorised party. Without prejudice to our other rights and remedies, we may suspend your access to the Website without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Website.

In the event prolonged inactivity causes your connection to the Website to fail, your selection of goods may be lost. In such case, you will be required to re-enter your selection. Please note that items in your shopping basket and on your wish list are not reserved and may be purchased by other customers.

Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors.

Variations in the display properties of the computer hardware you use to view our Website may mean that the colours, measurements and designs of the Products displayed on our Website and the Products received by you may differ in appearance in minor respects.


Prices:

All prices of Products on this Website are stated in United States Dollars and are the price for the Products only. They do not include any applicable sales tax payable. They do not include the charge for delivery.

We endeavor to ensure that all pricing information on the Website is correct. Occasionally, however, an error may occur and Products may be mispriced.

Beetrend Digital Limited may vary the prices of Products listed on www.lemoyl.com at any time and without any notice but such changes will not apply to Products in respect of which you have been sent a Dispatch Confirmation.

Please note that in some countries additional duties, taxes, fees, or similar charges may be payable to your national and local tax authorities on receipt of your delivery or in connection with your order, including without limitation, sales, use, excise, import, or similar taxes or duties. You will be responsible for payment of any such duties, fees, and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.


Payment terms

The total cost of your order will be the purchase price for the Products, plus any delivery charges.

More information about the payment methods that we accept, and details of when an order will be charged to your account can be found in our Payment section.

Please note that we accept payment in United States Dollars.

You confirm that the credit/debit card that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate. You further confirm that the credit/debit card is valid and the inputted payment details are correct. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.

We are not responsible for any charges or other amounts which may be applied by your card issuer or bank as a result of our processing of your credit/debit card payment in accordance with your order.

If your credit/debit card is not denominated in the currency of your purchase indicated on the Website, the final price may be charged in the currency of your card. Such final price is calculated and charged by your card issuer or bank and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer charging you in a different currency other than the currency of your purchase as displayed on www.lemoyl.com.


Invoicing

Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.


Delivery, Title and risk

Orders will be sent to the delivery address that you have given on your order form. We cannot be held responsible if that delivery address is incorrect or incomplete.
Please note that we do not deliver to PO boxes.

Beetrend Digital Limited will endeavor to dispatch your order in accordance with the estimated delivery times set out at Shipping Costs and Delivery Times or as otherwise specified in the checkout process as you submit your order. Orders received after any specified cut off or last order time or received on a day which is not a working day will be processed on the next 1-3 working days. Estimated delivery times will be calculated from the date on which the order is processed, unless otherwise specified.

    Title in the Products will pass to you on the later of (i)
  • the date on which we receive payment in full for such Products;
  • the date and time of collection of such Products for delivery to your nominated address;

Once a Product has been received by you (or your nominated third party), where appropriate, all risk of damage to, or loss of, the Product shall pass to you.

We shall be entitled to deliver the Products in installment and each installment shall be deemed to constitute a separate contract with us, and we shall be entitled to supply only part of an order.


Cancellation and returns

Articles are accepted for credit or exchange if returned in saleable condition within 30 days, accompanied by a sales receipt.


General

Intellectual property

This Website and all content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on this Website (the"Content"), is either owned or licensed by Beetrend Digital Limited, and is protected by applicable copyright laws and other intellectual property laws and treaties around the world. All such rights are reserved.

The "Lemoyl" trade mark as well as all trade marks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on our Products, Website, accessories or packaging, whether registered or not (the "Trade Marks"), are and remain the exclusive property of Beetrend Digital Limited and/or its licensors and are protected by applicable trade mark laws, regulations, directives, rules, and treaties around the world. All such rights are reserved.

All other intellectual property rights (including, without limitation, registered or unregistered designs, copyrights, trademarks, service marks, logos, trade names, trade secrets, inventions, know-how, and moral rights) in or related to the Website, the products depicted and/or available on the Website and any accessories, stationery, packaging or ancillary items connected to such products, your order or the Website (the "Intellectual Property Rights") are and shall remain the exclusive property of Beetrend Digital Limited and/or its licensors and such Intellectual Property Rights are protected by applicable intellectual property laws, regulations, directives and treaties around the world. All such rights are reserved.

Limited Licence Subject to the terms herein, we grant you a revocable, non-sublicensable, non-transferrable, non-assignable, and non-exclusive limited licence to access and make personal use of the Website limited such that it does not include the right to:

  • use the Website in any way which may prejudice or damage the reputation of Lemoyl;
  • use the Website for any commercial or business purposes. The Website is for your personal use only;
  • use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

Beetrend Digital Limited may terminate such limited licence set forth in this Section at any time in its sole discretion without prejudice to any other remedy we may have against you pursuant to applicable law for any reason whatsoever or for any breach of these Terms.

Beetrend Digital Limited grants you a limited right to access and use the Website and Content solely for your personal use. Unless otherwise specified on the Website, you may download Content displayed on the Website, and may use the downloaded Content, solely for your personal and noncommercial use. You may print any textual Content available for downloading on the Website, solely for your personal and noncommercial use. You must retain all intellectual property and other proprietary or restrictive notices to the extent they appear on downloaded, transmitted, and copied Content, and any such downloads, transmissions, or copies are subject to these Terms. As between Beetrend Digital Limited and you, the Content and this Website shall remain the property of Beetrend Digital Limited. Use, transmission, or downloading of the Content is conditioned on these Terms. By acquiring, transmitting, or using the Content or using the Website, you agree to such Terms. You may not download, copy, transmit, or use any of the Content or Website except as expressly authorized by these Terms and, in any event, you may not distribute, modify, copy, adapt, transmit, publish, publicly display or sell, license, or create derivative works of the Content or Website other than in accordance with these Terms or as expressly indicated in writing by Beetrend Digital Limited or on the Website.

You agree you shall not:

  • use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Website or its Contents;
  • engage in spamming or flooding;
  • remove any copyright, trademark or other proprietary rights notices contained on the Website or in the Content;
  • harvest or collect information about the Website visitors or members without their express consent;
  • cache, upload, post, or transmit any content that you do not have a right to make available (such as the intellectual property of another party);
  • sub-license, sell, reverse engineer, decompile or disassemble any portion of the Website or Content;
  • bypass any measures used by us to prevent or restrict access to the Website or portions of the Website; or
  • use the Website or Content for any unlawful purpose.


Content

Beetrend Digital Limited endeavours to ensure that the information posted by it on this Website is accurate and complete. Beetrend Digital Limited does not, however, guarantee that the Content or any other information available on the Website is accurate and/or error free, Beetrend Digital Limited does not promise that the functionality of the Website or Content will be error free or that the Website, Content or the server that makes it available are free of viruses, malicious code or other components which are potentially harmful. Beetrend Digital Limited recommends that all users of the Internet ensure they have up to date virus checking software installed. We reserve the right to limit the availability of the Website and/or the provision of any Content, service, program, video or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, video or other product that we provide.


Limitations of liability

Nothing in these Terms limits or excludes our liability: (i) for death or personal injury caused by negligence; (ii) for fraud or fraudulent misrepresentation; or (iii) for any other liability which cannot be limited or excluded by applicable law.

Beetrend Digital Limited and/or Beetrend Digital Limited's directors, officers, employees, consultants, agents and other representatives will not be liable, whether in contract, in tort (including, without limitation, negligence), or otherwise arising out of or in connection with these Terms, Content, User Content, or product or services on this Website for any:

  • economic losses (including, without limitation, loss of income, revenues, data, goodwill, actual or anticipated profits, contracts, business, opportunity or anticipated savings or other intangible losses);
  • loss of goodwill or reputation; or
  • special, indirect, consequential, special, exemplary, punitive losses or damages suffered or incurred by you arising out of or in connection with these Terms, this Website, Content or User Content contained on the site, any linked site or any service or products purchased or provided through this Website, under any contract, negligence, strict liability or other theory.


Amendments of these terms

We reserve the right to make changes to these Terms at any time. You, and any contract of sale between us, will be subject to the version of these Terms in force at the time you order the Products in question from us. Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, updating the Terms on the Website or posting a notice on the Website. Your continued use of the Website after such update or notice will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms. The revised Terms or Privacy Statement will be effective when posted. If we make changes to these Terms or our Privacy Statement and you continue to use our Website, you are agreeing to the revised Terms and our Privacy Statement.


Events beyond our reasonable control

We will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause, which is beyond our reasonable control. The timeframes given for the delivery of the Products ordered by you are estimates only. You acknowledge and agree, time is not of the essence.


Severance

Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable form and not affect the enforceability of any of the other provisions of these Terms.


Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This Section does not affect your statutory rights.