Terms of service

1.        OVERVIEW

This website, youngsoles.com (the “Site”) is operated by Young Soles Creative Limited, trading as Young Soles. Young Soles Creative Limited (company number 14474902) is a company registered in England and Wales, and our registered office is at Unit 13, The Old Joinery Maldon Road, Birch, Colchester, CO2 0LT.

To contact us, please email us at hello@youngsoles.com

Where used in these Terms of Service and throughout the Site, the terms “we”, “us” and “our” refer to Young Soles.

By visiting our Site, and/ or purchasing something from us (a “Product”), you engage in our “Service” and you agree to be bound by these Terms of Service (or “Terms”), which include any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site or the Services (including any features or tools), you agree to be bound by these Terms of Service. If you do not agree to the Terms of Service, then you should not access the Site or use any of the Services.

You can review the most current version of the Terms of Service at any time on this page of the Site. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes on our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

By agreeing to these Terms of Service, you represent that you are at least 18 years of age.

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

2.        GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the service is provided, without express written permission by us.

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.

3.        MODIFICATIONS TO THE SITE AND SERVICE

We reserve the right at any time to modify or discontinue the Site and/or Service (or any part or content thereof) without notice at any time. We will not be liable to you or to any third party if for any reason the Site and/or Service, or any part of it, is unavailable at any time or for any period, or for any modification, price change, suspension or discontinuance of the Service.

4.        PRODUCTS AND PRICING

The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the Products accurately, we cannot guarantee that the images - including the colours - reflect the exact appearance of the Products, which may vary slightly from the images on the Site. 

Prices for our Products are subject to change without notice.

International taxes may be applicable to your purchase. If so, they will be added to the price at checkout. 

The price of our Products does not include delivery charges. Any delivery charges which may apply to your order are as advised to you during the check-out process, before you confirm your order. 

We sell a large number of Products through our Site. It is always possible that, despite our reasonable efforts, some of the Products on our Site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling 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. If we mistakenly accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Products and refund you any sums you have paid.

5.        PLACING AN ORDER AND ITS ACCEPTANCE

Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the Product(s) specified in the relevant order subject to these Terms.

Checking your order details. The Site allows you to check your order and correct any errors before completing a purchase. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any information provided by you is complete and accurate.

No order shall be deemed to be accepted until we issue an email acknowledgement of your order. The contract between you and us will relate only to those Product(s) notified in the email acknowledgement of your order.

Payment for Products. You can pay for your Product(s) using the payment methods made available from time to time through the Site. These payment methods are provided by third parties who may have their own terms and conditions which apply to you.

Cancellation of orders prior to dispatch. If you change your mind once you have placed an order, we can only cancel it if you notify us before picking and dispatch. Otherwise, you will need to follow our returns process under our Returns and Refunds Policy once your order has arrived.

6.        ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

If you choose, or you are provided with, a user identification, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Customer Terms.

7.        RETURNS AND REFUNDS

Please refer to our Returns and Refunds Policy  to understand your rights in relation to cancellation of any order, returns and refunds, and the process to follow if you wish to cancel an order and/or make a return. 

8.        OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services may also be subject to these Terms of Service.

9.        THIRD PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third party links on this Site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or Sites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the relevant third party.

10.   USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you share with us. We are and shall be under no obligation to: (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.

We also have the right to disclose a user’s identity to any third party who is claiming that any material posted or uploaded by such user constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by users. We have the right to remove any material or posting you may make on the Site.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that any material you may upload to the Site will not violate any right of any third-party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive, discriminatory, hateful inflammatory or obscene material, or promote any illegal or unlawful activity.

You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability to you or any third party for any comments posted by you or any third party.

11.  VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our Site or any part of it by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site 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 and your right to use the Site would also cease immediately. 

12.  PERSONAL INFORMATION

Any personal data and other information provided by you is processed by us in accordance with our Privacy Policy. By providing any such personal data or other information you agree to the terms of our Privacy Policy.

13.  ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We are not obliged to update, amend or clarify information in the Site or Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

14.  INTELLECTUAL PROPERTY RIGHTS

We own, or are the licensee to, all right, title and interest in and to the Site, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You shall not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the Site or any part of it.

You must not extract or otherwise use any of the content on the Site without obtaining a licence to do so from us or our licensors.

15.  PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content, or any part of the Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to collect or track the personal information of others; (d) to spam, phish, pharm, pretext, spider, crawl, or scrape; (e) for any obscene or immoral purpose; or (f) to interfere with or circumvent the security features of the Site or Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or Service or any related website immediately for violating any of the prohibited uses.

16.  DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Site.

We do not guarantee, represent or warrant that your use of the Site or Service will be uninterrupted, timely, secure or error-free.

In no case shall Young Soles London, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or Product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

Nothing in these Terms limits or excludes our liability for:

i.       death or personal injury caused by our negligence;

ii.      fraud or fraudulent misrepresentation;

 iii.    breach of the terms implied by section 12 of the Sale of Products Act 1979 (title and quiet possession); or

 iv.     any other liability that cannot be limited or excluded by law.

17.  DELAYS OUTSIDE OUR CONTROL

If our supply of any Product is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our customer service team at sales@youngsoles.com to end the contract and receive a refund for any Products you have paid for, but not received.

18.  SEVERABILITY

Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

19.  ENTIRE AGREEMENT AND WAIVER

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service constitute the entire agreement and understanding between you and us and govern your use of the Site and Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

20.  GOVERNING LAW

These Terms of Service  are governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with these Terms of Service to the exclusive jurisdiction of the English courts.