Terms of service

These terms & conditions define general terms of the online store of Amalthrea, owned by a legal entity – ITSY HOLDING LIMITED located at 291 Brighton Road, South Croydon, United Kingdom, CR2 6EQ , Company number 13844241

Please read these terms and conditions carefully before using Our Website.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear singular or plural.

Definitions

For these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, whereas "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Country refers to: the United Kingdom

Company (also referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to ITSY HOLDING LIMITED located at 291 Brighton Road, South Croydon, United Kingdom, CR2 6EQ , Company number 13844241

Device means all devices that can access the Website, such as a computer, a mobile phone or a digital tablet.

Service refers to the purchase and sale of goods using the Website.

Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third party that may be displayed, included or made available on the Website.

Website refers to the online store of Amalthrea, owned by the Company and accessible from the web address https://amalthrea.com/

Goods means the object of the Agreement of the parties; clothes, accessories, and other items presented on the Website.

You or Customer means the individual accessing or using the Website, or the company, or other legal entity on behalf of which such individual is accessing or using the Website, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of the Website, the Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service and the Website.

Your access to the Website and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access the Website or use the Service.

By accessing the Website or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Website.

We care about data privacy and security. Your access to the Website and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company, which is an integral part of the Terms and Conditions. Please read Our Privacy Policy carefully before using Our Website and the Service.

The Website is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Services.

By using the Services, you represent and warrant that:

  • You have the legal capacity and you agree to comply with these Legal Terms;
  • You are not under the age of 13;
  • You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services;
  • You will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
  • You will not use the Services for any illegal or unauthorised purpose; and
  • Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Services (or any portion thereof).

We reserve the right, but not the obligation, to:

  • monitor the Website for violations of these Terms and Conditions;
  • take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
  • in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof;
  • in our sole discretion and without limitation, notice, or liability, to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
  • otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website.

Links to Other Websites

The Website may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Intellectual Property Rights

General terms

As between you and Company, Company owns, solely and exclusively, all rights, title and interest in and to the Website, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel design and organisation of the Website, and the compilation of the content, code, data and materials on the Website, including but not limited to:

  • copyrights;
  • trademark rights;
  • patent rights;
  • database rights;
  • other intellectual property and proprietary rights.

Your use of the Website does not grant to you ownership of any content, code, data or materials you may access on the Website. You may view the content on the Website on Device, and make single copies or prints of the content on the Website for your personal, internal use only, however, the Website is only for your personal, non-commercial use. Any commercial distribution, publishing or exploitation of the Website, or any content, code, data or materials on the Website, is strictly prohibited unless you have received the prior written permission of the Company.

You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials that are found on the Website. If you make other use of the Website, or the content, code, data or materials found on the Website, except as otherwise provided above, you may violate copyright and other laws of the European Union, other countries, as well as applicable state laws and may be subject to liability for such unauthorised use. The Company will enforce its intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Terms, please address your request to the Company. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Terms and Conditions and your right to use our Services will terminate immediately.

Trademarks

The right to use trademarks displayed on the Website belongs to the Company and/or others and may not be used by You in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. Nothing contained on the Website should be considered as granting, by implication or otherwise, any licence or right to use any Trademark displayed on the Website without the prior written permission of the Company or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Website is strictly prohibited. The Company will enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

We make every effort to display as accurately as possible the colours, features, specifications, and details of the Goods available on the Website. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

The Company reserves the right to withdraw Goods from the Website and/or remove or modify any material or content of the Website, at any time. There may appear exceptional circumstances that will force the Company to refuse to execute Your order, even after it was accepted and the Company reserves the right to do so at any moment and at its own discretion. The Company does not accept any liability to any other third party for withdrawing Goods from the Website, irrespective of whether the Goods were sold or not, as well as for removing or changing materials or contents on the Website.

Order of Purchase of Goods

All pictures, videos, and information about the goods on the Website should not be considered an offer, but an invitation to place an order. By placing the order, You offer that You will buy the goods on the given terms. No purchase occurs until the offer to buy the goods is accepted by the Company.

To buy any goods in the Store, the Client fills in the order form and makes a payment for the goods, choosing one of the methods available in the Store .

To buy Goods, You have to fill in the order form and make a payment for the Goods, choosing one of the methods available on the Website.

The transaction is made when Your order is accepted, and You receive the electronic version of the receipt.

Delivery of the Goods

Please review our Delivery Terms posted on the Website at the page: https://amalthrea.com/pages/delivery-details before making any purchases.

Liability of the Customer

The Company reserves the right not to accept the order and withdraw from a purchase transaction in case of unavailability of Goods, incorrect personal data or any other obstacles that make the Company's obligations impossible to fulfil or impractical. The Company may also withdraw his order till the moment of its acceptance by the Company.

You are responsible for the accuracy/reliability of the data specified in the Order form. If the inaccurate (incorrect) indication of data in the order has led to additional costs of the Company associated with the delivery of the Goods to the wrong address or delivery of the Goods that do not belong to You, all related losses and costs are borne by You. The Company has the right to deduct the number of such losses or expenses from the amounts paid by You as payment for the Goods (to offset counterclaims).

You agree not to engage in any activity that may disrupt or interfere with the proper functioning of the Website. Unacceptable activities include but are not limited to hacking, distributing malware, or engaging in any form of illegal or unethical behaviour.

Guidelines for reviews

We may provide you with areas on the Website to leave reviews or ratings on the Goods. When posting a review, you must comply with the following criteria:

  • you should have firsthand experience with the person/entity being reviewed;
  • your reviews should not contain offensive profanity or abusive, racist, offensive, or hateful language;
  • your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
  • your reviews should not contain references to illegal activity;
  • you should not be affiliated with competitors if posting negative reviews;
  • you should not make any conclusions as to the legality of conduct;
  • you may not post any false or misleading statements; and
  • you may not organise a campaign encouraging others to post reviews, whether positive or negative.

"As is" and "As available" Disclaimer

The Website is provided to You "As is" and "As available" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, concerning the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Website will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company's providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Cases and issues that are not regulated by these Terms are subject to the Civil Code of The United Kingdom and other acts applicable for activity and functioning of online stores in the Country.

Disputes Resolution

In case if You have any concern or dispute about the Service, You agree to first try to resolve such dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Termination, Severability and Waiver

Termination

We may terminate or suspend Your access immediately, including blocking certain IP addresses, in our sole discretion, without prior notice or liability, for any reason or for no reason, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect the ability of the Company to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Company’s failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.

Electronic communications

When visiting the Website, sending us emails, and completing online forms constitute electronic communications, You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Translation Interpretation

These Terms and Conditions may have been translated into other languages. If We have made them available to You on our Website, You agree that the original English text shall prevail in the case of any dispute.

Changes to These Terms and Conditions

Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions from time to time.

It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Website and Services after the date such revised Terms and Conditions are posted.

By continuing to access the Website or use Service after changes to the Terms and Conditions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, to resolve a complaint regarding the Website or Services, or to receive further information about the use of the Website, You can contact us:

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