The following terms and conditions (“Agreement”) govern your use of the https://estree.co.uk/ website (“Website” or “Service”) and any of its related products or services (collectively, “Services”). This Agreement is binding on you (“User,” “you,” or “your”) and Estree (“Estree,” “we,” “us,” or “our”). You acknowledge that by accessing and using the Website and Services, you have read, understood, and agreed to be bound by the terms of this Agreement. If you are joining this Agreement on behalf of a business or other legal entity, you represent and warrant that you have the power to bind such entity to this Agreement, in which case the terms “User”, “you”, or “your” shall relate to such entity. If you lack such permission or do not agree with the provisions of this Agreement, you must not accept it and are prohibited from accessing or using the Website or Services. You accept that this Agreement constitutes a binding contract between you and Estree, despite the fact that it is electronic and not physically signed by you, and that it regulates your use of the Website and Services.
Memberships and accounts
To use the Website and Services, you must be at least 18 years old. By accessing and using the Website and Services and consenting to this Agreement, you represent and warrant that you are at least 18 years old. If you create an account on the Website, you are responsible for maintaining the account’s security and are entirely responsible for all activities that occur under the account’s username and password, as well as any other actions taken in connection with the account. We may monitor and review new accounts prior to allowing you to sign in and begin using the Services, but we are not obligated to do so. False contact information of any type may result in your account being terminated. You must immediately report us if your account is used in an unauthorised manner or if there are any other security breaches. We shall not be liable for your conduct or omissions, or for any damages caused as a result of such acts or omissions. We reserve the right to suspend, disable, or delete your account (or any portion thereof) if we believe you have violated any provision of this Agreement or that your conduct or content would tend to harm our reputation or goodwill. You may not re-register for our Services if we delete your account for the aforementioned reasons. We reserve the right to disable your email address and Internet protocol address in order to prevent future registration.
Adult material
Please be warned that the Website may contain some adult or explicit content. Individuals under the age of 18 or who are not entitled to view mature or adult content under the laws of any applicable jurisdiction may not access such content. If we become aware that anybody under the age of 18 is attempting to conduct a transaction using the Services, we will seek verified parental consent in compliance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). Certain portions of the Website and Services may be inaccessible to children under the age of 18 in any case.
Payments and billing
You are responsible for paying all fees and charges to your account in accordance with the fees, charges, and billing conditions in place at the time the fee or charge is due and payable. If we determine that your purchase is a high-risk transaction, we will require you to give us with a copy of your valid government-issued picture identification and, if applicable, a copy of the most recent bank statement for the credit or debit card used to make the purchase. We have the right to modify or discontinue any product or service at any time. Additionally, we reserve the right to decline any order placed with us. We reserve the right to limit or cancel quantities purchased per person, per household, or per order in our sole discretion. These limits may apply to orders placed by or on behalf of the same customer account, using the same payment card, and/or using the same billing and/or delivery addresses. If we need to amend or cancel a purchase, we will attempt to contact you via the e-mail and/or billing address/phone number supplied at the time the order was placed.
Accuracy of data
At times, the Website may contain typographical mistakes, inaccuracies, or omissions that pertain to product descriptions, pricing, availability, promotions, and offers. We reserve the right at any time and without prior notice to rectify any mistakes, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or Services is erroneous (including after you have submitted your order). Except as required by law, we make no commitment to update, revise, or clarify content on the Website, including, without limitation, pricing information. The absence of an update or refresh date on the Website should not be construed as an indication that all information on the Website or Services has been modified or updated.
Commodities and Services
Estree buyers and sellers, we feel, are inherently kind people. Additionally, we believe our customers deserve the confidence and peace of mind that comes with shopping and selling online. To accomplish this, Estree prohibits the sale of inauthentic/counterfeit items, and sellers who violate this policy may be banished from the Estree marketplace. All products sold on Estree must be genuine.
Services provided by other parties
If you choose to enable, access, or use third-party services, please be aware that your access and use of such other services are governed solely by their terms and conditions, and we do not endorse, are not responsible or liable for, and make no representations regarding any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data), or any interaction between you and the provider. You irrevocably waive any claim you may have against Estree for such other services. Estree is not responsible for any harm or loss caused or purported to be caused by or in conjunction with your enabling, accessing, or using any such other services, or your reliance on such other services’ privacy practises, data security processes, or other policies. Such other services may require you to register for or log into their individual platforms. By enabling any more services, you expressly consent to Estree disclosing your data to the extent necessary to facilitate the usage or enablement of such additional service.
Advertisements
You may correspond with or participate in promotions of advertisers or sponsors displaying their goods or services through the Website and Services during your usage of them. Any such activity, as well as any associated terms, conditions, warranties, or representations, is exclusively between you and the applicable third party. We shall be under no liability, obligation, or responsibility for any correspondence, purchase, or promotion entered into between you and any such third party.
Links to additional resources
While the Website and Services may contain links to other resources (such as websites and mobile applications), we are not implying any approval, association, sponsorship, endorsement, or relationship with any connected resource, unless expressly stated. Several of the Website’s connections may be “affiliate links.” This means that if you click on the link and make a purchase, Estree will earn a commission. We are not responsible for investigating or assessing any businesses or individuals or the content of their resources, and we make no representations or warranties regarding their offers. We disclaim all responsibility and liability for the acts, products, services, and content of third parties. You should carefully check the legal notices and other terms and conditions of use of any resource to which the Website and Services provide links. You are solely responsible for your use of any other off-site materials.
Uses that are prohibited
In addition to the other terms of the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe or violate our or others’ intellectual property rights; and (e) to harass, abuse, insult. We retain the right to suspend or cancel your access to the Website and Services if you engage in any of the prohibited uses.
Rights to intellectual property
“Intellectual Property Rights” refers to all present and future rights conferred by statute, common law, or equity in or relating to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered, and including all applications and rights to apply for and be granted, rights to assert prior rights. This Agreement does not transfer any intellectual property owned by Estree or third parties to you, and all rights, titles, and interests in and to such property will stay exclusively with Estree (as between the parties). All trademarks, service marks, images and logos used in connection with the Website and Services are the property of Estree or its licensors and are registered or unregistered trademarks of Estree or their respective licensees. Other third-party trademarks, service marks, images, and logos used in conjunction with the Website and Services may be the property of their respective owners. By accessing and using the Website and Services, you are not granted any right or licence to reproduce or otherwise use any Estree or third-party trademarks.
Warranty disclaimer
You acknowledge and agree that such Service is provided “as is” and “as available,” and that your use of the Website and Services is entirely at your own risk. We fully disclaim any warranties, express or implicit, of any kind, including, but not limited to, implied warranties of merchantability, fitness for a specific purpose, and non-infringement. We make no warranty that the Services will meet your requirements or that they will be uninterrupted, timely, secure, or error-free; we also make no warranty about the results that may be obtained from using the Service, the accuracy or reliability of any information obtained through the Service, or that defects in the Service will be corrected. You acknowledge and agree that any material and/or data downloaded or otherwise acquired through the use of the Service is done at your own risk and that you will be entirely responsible for any damage to or loss of data resulting from the download of such material and/or data. Unless otherwise specified, we make no warranty regarding any goods or services acquired or obtained through the Service, or any transactions entered into through the Service. You acknowledge that no advice or information, whether oral or written, gained from us or through the Service shall establish any warranty unless expressly stated above.
Liability restriction
To the fullest extent permitted by applicable law, Estree, its affiliates, directors, officers, employees, agents, suppliers, or licensors will not be liable to any person for any indirect, incidental, special, punitive, compensatory, or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, or loss of business opportunity), regardless of the cause. To the extent permitted by applicable law, Estree and its affiliates, officers, employees, agents, suppliers, and licensors’ aggregate liability with respect to the services will be limited to the greater of one pound or any amounts actually paid in cash by you to Estree during the preceding one month period prior to the first event or occurrence giving rise to such liability. Additionally, the restrictions and exclusions apply if this remedy does not fully compensate you for any losses or if it fails to accomplish its essential purpose.
Indemnification
You agree to indemnify and hold harmless Estree and its affiliates, directors, officers, employees, agents, suppliers, and licensors from and against any liabilities, losses, damages, or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them in connection with or relating to your Content, your use of the Website and Services, or any willful misconduct.
Severability
All rights and restrictions stated in this Agreement are exercisable and enforceable only to the extent that they do not violate any relevant laws and are intended to be limited to the extent necessary to avoid rendering this Agreement illegal, invalid, or unenforceable. If any provision or portion of a provision of this Agreement is found to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the parties intend that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions shall remain in full force and effect.
Resolution of disagreements
The formation, interpretation, and performance of this Agreement, as well as any disputes arising therefrom, shall be governed by the substantive and procedural laws of English law and the exclusive jurisdiction of the English courts, without regard for its conflict or choice of law provisions, and, to the extent applicable, by English law. The courts located in the UK and shall have exclusive jurisdiction and venue over any actions relating to the subject matter herein, and you hereby submit to the personal jurisdiction of such courts. You hereby forgo your right to a jury trial in any matter arising out of or in connection with this Agreement. This Agreement is not governed by the United Nations Convention on Contracts for the International Sale of Goods.
Assignment
You may not assign, resell, sublicense, or otherwise transfer or delegate any of your rights or obligations under this Agreement, in whole or in part, without our prior written consent, which we may withhold in our sole discretion and without obligation; any such assignment or transfer shall be null and void. We reserve the right to assign any of our rights or duties under this Agreement, in whole or in part, to any third party in connection with the sale of all or substantially all of our assets or stock, or in connection with a merger.
Modifications and additions
We retain the right to alter this Agreement or any of its terms relating to the Website or Services at any time, effective immediately upon posting an updated version of this Agreement on the Website. When we do, we will amend the date at the bottom of this page to reflect the change. Your continued use of the Website and Services following any such modifications constitutes your acceptance of such changes.
Acceptance of these terms and conditions
You acknowledge that you have read and agree to all of the terms and conditions contained in this Agreement. You agree to be governed by this Agreement by accessing and using the Website and Services. You are not authorised to access or use the Website or Services if you do not agree to adhere by the terms of this Agreement.
How to contact us
If you wish to contact us to learn more about this Agreement or to discuss any aspect of it, you may send an email to info@estree.co.uk.
This document was last updated 29/10/2021