Terms and Conditions
Overview
12inthemorning (“12inthemorning”, “12inthemorning.com”, “us”, “we” and “our”), a service from www.12inthemorning.comand its affiliates (“seller”, “sellers”, “merchant”, “merchants”, “business”, “businesses”, “vendor” and “vendors”) operate as guided by the Terms and Conditions listed below. By visiting us at 12inthemorning.com, (“your”, “user”, “users”, “buyer”, “buyers”, “customer” and “customers”) accept this Terms and Conditions. Please read it carefully. When you use any current or future 12inthemorning service (such as your account or profile, gift certificates, your reminder service, etc.) or visit/buy from any business affiliated with 12inthemorning, whether or not included in 12inthemorning, you will be subject to these guidelines. This Terms and Conditions supersede all previous representations, understandings or agreements provided by 12inthemorning. By using 12inthemorning you agree to be bound by this Terms and Conditions. All products or services and information displayed by 12inthemorning constitute an “invitation to offer”. Your order of purchases constitutes your “offer”, which shall be subject to the Terms and Conditions as listed below. 12inthemorning reserves the right to accept or deny your offer for any reason at any time.
Definitions
“Agreement” means Terms and Conditions as described herein including the privacy policy and all schedules, annexes and appendices and will include references to agreement as amended, negated, varied, supplemented, or replaced periodically. “12inthemorning” identifies the clothing shopping platform www.12inthemorning.com/(site or website), and/or our (mobile site or mobile website), and/or the 12inthemorning application (or app). 12inthemorning also describes it and its affiliates, which provide users the ability to purchase products listed 12inthemorning. “Vendor”, “seller” or “affiliate” describes any person or legal entity that offers products for purchase on an 12inthemorning platform. “Product” or “products” include any goods, products, merchandise, services, offers or display items that are displayed on 12inthemorning by its vendors, as well as the related description, information, warranties, delivery schedule or procedure.
Electronic Communication
When you visit 12inthemorning or transmit emails, it is understood that you are communicating electronically with 12inthemorning. As a result, you are thus giving your consent to receive electronic communications from 12inthemorning. Our representatives may communicate with you by email or within 12inthemorning platforms. you agree that all notices, disclosures and other communications provided to you electronically meet a legal requirement that such communications must be written.
Acceptance
Your access and use of the online clothing (desktop or mobile) website and/or app indicates that you have read, understand and agree to be bound by these Terms and Conditions, whether or not you are a registered 12inthemorning user, and is subject to your compliance with these Terms and Conditions. 12inthemorning reserves the right to alter, add or remove any portion of the Terms and Conditions at any time without prior notice. Your continued use of the (desktop or mobile) website and/or app constitutes your acceptance of the agreement with all such changes. It is your responsibility to periodically check the (desktop or mobile) website or app for any possible changes to the Terms and Conditions. If you do not agree to be subject to these or any future Terms and Conditions, please do not access or (continue to) use 12inthemorning services. In addition, 12inthemorning may post additional terms, conditions, rules or requirements related to the (desktop or mobile) website, app or any of the services provided by those platforms. At its sole discretion, 12inthemorning may also provide other services governed by different Terms and Conditions.
Product Availability and Description
We try to be as specific as possible on the (desktop or mobile) website and/or app about products and including product availability, size, colour, type, quantity of stock available and product description. However, while we try our best to ensure that product information on our website is correct. It is possible that the (desktop or mobile) website and/or app may contain typographical errors or inaccuracies. Therefore we reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted an order). Please also note that because the colours of the products you will see on the (desktop or mobile) website and/or app depend on your monitor/screen. We cannot guarantee that the display of colour will be accurate and some colours may vary. If you have ordered a product that is unavailable, we will inform you as soon as possible by email and give you an estimated date of when the product is due to be back in stock and available for dispatch to you (Please note – some items may return in stock and dates are subject to change). Alternatively, you will be entitled to cancel your order and receive a refund from us (if your Credit/Debit/PayPal account has already been charged). Please note that the information provided about products on the (desktop or mobile) website and/or app is for information purposes only. Please make sure you read all labels, warnings and directions provided by the product before use.
Delivery
Please see our shipping policy for delivery costs by destination and item type. We aim to deliver your ordered products by the estimated date set out in the dispatch confirmation email, or, if no date is given, at the latest within 30 days of the date of the dispatch confirmation email. In the event that your delivery is delayed for any reason within our control, we will do our best to keep you informed of the estimated delivery date. Please note that if the product(s) is/are not delivered within 30 days of the dispatch confirmation email, you are entitled to cancel the order and be refunded the amount paid for the order. Ownership and risk in the products you have ordered will pass to you from the time they are delivered to you.
Our Products
The images of the products on the (desktop or mobile) website and/or app are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your screen’s display can accurately display the colour of the products. Your products may vary slightly in colour from those images. the packaging of the products may vary from that is shown on the images on the (desktop or mobile) website and/or app.
Price of Products and Delivery Charges
The prices of the products will be as quoted on the (desktop or mobile) website and/or app at the time you submit your order. We take all reasonable care to ensure the prices of products are correct at the time when the relevant information was entered onto the system. Prices for our products may change from time to time, but changes will not affect any order you have already placed. The price of a product includes VAT (where applicable). However, if the rate of VAT changes between the date of your order and the date of delivery. We will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect. The price of a product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our shipping information page. The (desktop or mobile) website and/or app contains several numbers of products. It is always possible that, despite our reasonable efforts, some of the products may be incorrectly prices. If we discover an error in the price of the products you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancel your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as mis-priced, we do not have to provide the products to you at the incorrect price.
Trademark
12inthemorning’s logo that is hosted on 12inthemorning platforms and used in any other locations as part of a communication with users is registered by 12inthemorning and may not be used, communicated or distributed without the possession of express written consent from 12inthemorning.
License and Site Access
12inthemorning grant users a limited license to access its platforms, and not to download (other than the page caching) or modify it or any other portion of it, except in the case the 12inthemorning provides consent for such an action. License does not include any re-sale or commercial use of the (desktop or mobile) website and/or app or its contents; any collection and use of any product listings, images, descriptions or prices; any derivative use of these platforms or their contents; any downloading or copying of account information for benefit of another merchant; or any use of data mining, bots or similar data gathering and extraction tools. These platforms or any portion of them may not be re-produced, duplicated, sold, re-sold, copied, visited or otherwise exploited for any commercial purpose without 12inthemorning’s express written consent. You may not frame or use any framing techniques to enclose any of the trademark, logo or any proprietary information (including page layout, images, text or form) of 12inthemorning or our affiliates without express written consent. You may not use any meta tags or any other “hidden text” 12inthemorning’s name or our trademarks without 12inthemorning’s express written consent. Any unauthorized use terminates the permission or license granted by 12inthemorning. You are granted a limited, non-exclusive and revocable right to create any hyperlink to the 12inthemorning.com homepage as long as the link does not portray the services or products of 12inthemorning or its affiliates in a false, derogatory, misleading or otherwise offensive matter, or as you having the right of ownership of the same in any form. You may not use our trademark, or any 12inthemorning logo or other proprietary graphic as part of link without express written consent and our acceptance.
Disclaimer of Liability
The material displayed on the (desktop or mobile) website and/or app is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law 12inthemorning and its suppliers, content providers and advertisers herby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the (desktop or mobile) website or the linked webpages and/or app and any material posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect 12inthemorning liability for death or personal injury arising from its negligence, fraudulent misrepresentation or misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
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, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The (desktop or mobile) website or the linked webpages and/or app including its content, must not be framed on any other website and/or app, nor may you create a link to any part of this (desktop or mobile) website or the linked webpages other than the home page. We reserve the right to withdraw linking permission without notice.
Indemnity
You agree to indemnify, defend and hold harmless 12inthemorning, its directors, officers, employees, consultant, agents and affiliates from any and all third party claims, liability, damages and/or costs (including but not limited to legal fees) arising from the use of the (desktop or mobile) website and/or app or breach of the Terms and Conditions.
Variation
12inthemorning shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the services and/or any page of the (desktop or mobile) website and/or app.
Invalidity
If any part of the Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms and Conditions will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of Rotterdam and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Dutch courts.
Entire Agreement
The above Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and 12inthemorning. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by a Director of 12inthemorning.
Contact Information
Questions about the Terms and Conditions should be sent to us at [email protected]