1. Introduction 

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This website is owned and operated by By Elleven LTD, company registration number 12947150. 

 

These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors the sale of our product. By agreeing to the purchase of our goods, you approve that you have read, understood, and agree to be bound by these Terms.

 

In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you. 

 

The information or personal details that you provide us with shall be processed pursuant to the Data Protection Policies. By using this website you are consenting to the processing of such information and details and you represent that the whole information or details you have provided us with are true and accurate. 

 

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

 

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

 

2. Purchases/conclusion of contract 

 

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

 

The prices we charge for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. If we discover an error in the price of items you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be cancelled and if you have already paid for the items you will receive a full refund. We are under no obligation to provide the items to you at the incorrect price (even after we have sent you a Shipping Confirmation). Product prices include VAT but delivery costs are not included and are added at checkout. 

 

We make all reasonable efforts to accurately display the attributes of our products, including composition and colours. The colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours.

 

Although we aim to be as accurate as possible, all product measurements given are approximate values to give you a better understanding of the model or fit of that specific item, and not a definite guarantee of the exact measurements of the item you receive.

 

To place an order, you must follow the online shopping process and click on “Checkout”,  follow the checkout steps and then select “Place Order" to submit the order. After this, you will receive an email from us confirming receipt of your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted. Your order constitutes your offer to us to buy one or more items from us. All orders are subject to acceptance by us, and we will confirm this acceptance to you by sending you an email that confirms that the item is being sent (the "Shipping Confirmation"). The contract for the purchase of an item between us (the "Contract") will only be formed when we send you the Shipping Confirmation. The Contract will relate only to those items whose dispatch we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other items which may have been part of your order, until the dispatch of those items has been confirmed in a separate Shipping Confirmation.

 

The functionality of buying items as a guest is available on this website. For this type of purchase, we will only request from you the essential data that is required to process your order. Upon completion of the purchase process, you will be offered the possibility of registering as a user or continuing as a nonregistered user. 

 

3. Right to cancel 

 

If for any reason we are unable to fulfil your order, we will let you know at the earliest opportunity. If we have already received payment for such order, we will attempt to refund the applicable amount using the same method used to make the payment. Fulfilment of all orders on the Website is subject to availability. We explicitly reserve the right to cancel your order for any of the following reasons; 

• the product is no longer available or in stock

• your billing information is incorrect or non verifiable 

• we are unable to deliver to the address provided 

• if we suspect the purchase may be fraudulent

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No contract in respect of any items will exist between us and you until your order has been expressly accepted by us, whether or not funds have been deducted from your account. If we do not accept your offer and funds have already been deducted, these will be fully refunded.

 

4. Delivery

 

Subject to availability (see Clause 3 above), and unless there are any exceptional circumstances, we will endeavour to fulfil your order for items listed in the Shipping Confirmation by the delivery date set out in the Shipping Confirmation or, if no estimated delivery date is specified, then within a maximum of 30 days of the date of the Order Confirmation. If we fail to deliver the items within 30 days of the date of the Order Confirmation, you may cancel the Contract and we will reimburse you the price paid for the items and any delivery costs paid. 

 

If our supply of the items 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 items you have paid for but not received. 

 

5. Returns

 

If you wish to return an item, please contact us via the following email address info@byelleven.co.uk for directions on how and where to send your return. Please return it with its included accessories and packaging along with the original receipt within 28 days of Shipping Confirmation, and we will exchange it or offer a refund based upon the original payment method. 

 

When you receive the items, you may handle them to establish their nature, characteristics and functioning.  Acceptable handling of the items is that which would reasonably be allowed in a shop. Items should not have been damaged, soiled, washed, altered or worn (other than to try the item on) and any labels or tags must be intact. If your handling goes beyond what is acceptable and the items are damaged or diminished in value, we reserve the right to refuse a refund or we may deduct from the amount we reimburse to you. 

 

We ask that the customer bears the cost of the return unless the item is damaged, faulty or incorrect; in which case we will cover the costs. Please obtain proof of postage. If you would like to exchange your item we will issue you with a free shipping discount code for the replacement item.

 

If we accept your returns later than 28 days from the date on which you received the Shipping Confirmation

(we may, but we are not required to), we will refund you by way of voucher. Please note that this does not apply to items which were defective when purchased from us, for which you will be refunded via your original payment method. 

 

6. Ownership of rights 

 

The service/goods and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of By Elleven LTD. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

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7. Liability 

 

You agree to indemnify and hold By Elleven LTD harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

 

To the maximum extent permitted by applicable law, in no event shall By Elleven LTD be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

 

To the maximum extent permitted by applicable law By Elleven LTD assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

We may have links from our website to other third party websites and materials; such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites or materials. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links. 

 

8. Communications 

 

If you subscribe to our email list then you agree to receive from time to time promotional messages and materials from us by email. If you don't want to receive such promotional materials or notices – please just notify us at any time. 

 

9. Feedback and Complaints

 

We welcome your feedback and comments. Please send all feedback to us via our email address info@byelleven.co.uk

 

If as a buyer consider your rights have been breached, you can address your complaints to us via our email address info@byelleven.co.uk

 

10. Law and Jurisdiction 

 

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of England and Wales without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in England and Wales. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.