Terms and Conditions
TERMS AND CONDITIONS
By visiting andnowwee.com, you are accepting and consenting to the practices described in the Terms and Conditions. And Now Wee Limited website(s) (our "Site" or "Sites") and related services are made available to you pursuant to the following Terms and Conditions. We may modify the Terms and Conditions from time to time, and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified Terms and Conditions.
Please read the Terms and Conditions and check back often. If you do not agree to any change to the Terms and Conditions, then you must immediately stop using the Site.
ELIGIBILITY TO PURCHASE
The purchase of merchandise through And Now Wee Limited is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with English law.
In order to make purchases through the Site, you will be requested to register and provide your personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided. The Site is available only to individuals and others who meet the And Now Wee terms of eligibility, who have been issued a valid credit card by a bank acceptable to And Now Wee, whose applications are acceptable to And Now Wee and who have authorised And Now Wee to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase. Purchases made on the site are for the personal or gift use of the buyer only and are not to be used for re-sale, commercial purposes or any other commercial benefit. And Now Wee reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
Moreover, by making an offer to purchase merchandise, you expressly authorise us to perform credit checks and, where And Now Wee feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
All orders are subject to acceptance and availability.
If you have registered your email address for notification of the arrival of a specific product featured on our website, we will attempt to notify you by email within 48 hours of the product becoming available on the site. Please note that on occasion certain products that are in particularly high demand will sell out during this period.
Prices shown on the site are in GBP and are inclusive of VAT. All prices and offers remain valid as advertised from time to time. The GBP price of a product displayed on the website at the time the order is accepted will be honoured. If you are buying from outside the UK, you will also incur carriage costs and any duties for the UK. And Now Wee will not be responsible for any import duties on international orders.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order. Unless you cancel your order, acceptance of your order and completion of the contract between you and And Now Wee will be perfected when we despatch the goods to you. The sale contract is therefore concluded in London, England and the language of the contract is English.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out above.
Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment can be made by Visa, Visa Electron, MasterCard, Delta, and Maestro debit cards. Payment will be debited and cleared from your account upon receipt of your order by And Now Wee Limited. You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to And Now Wee, we will not be liable for any delay or non-delivery.
We take all reasonable care to make our Site as secure as we can make it. All credit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secure host environment. Furthermore, we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site. And Now Wee will store a record of your transactions for a minimum of one year.
INTELLECTUAL PROPERTIES RIGHTS
You acknowledge and agree that all copyright, designs, trademarks and all other intellectual property and material rights relating to the Content as herein described, including And Now Wee Software and all HTML and other code contained in this Site, shall remain at all times vested in And Now Wee Ltd. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by And Now Wee and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
In addition to the Intellectual property rights mentioned above, Content is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. And Now Wee tries to ensure that the information on this site is accurate and complete. And Now Wee does not warrant or represent that And Now Wees’ Content is accurate, error-free or reliable or that your use of And Now Wees’ Content will not infringe rights of third parties. Your use of the Web Site is at your risk. And Now Wee does not warrant that the functional aspects of the Web Site or And Now Wee’ Content will be error free or that this Web Site, And Now Wee Content or the server that makes it available are free of viruses or other harmful components. If your use of this Web Site, or And Now Wee’s Content results in the need for servicing or replacing property, material, equipment or data, And Now Wee is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to you "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. And Now Wee and its suppliers make no warranties about And Now Wee Content, software text, downloads, graphics, and links, or about results to be obtained from using the Web Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. And Now Wee reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that And Now Wee is not liable to you or any third party for any such withdrawal.
NO COMMERCIAL USE
This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
We may include hyperlinks on this Site to other websites or resources operated by parties other than And Now Wee. And Now Wee has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence 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 such external websites or resources.
While And Now Wee will use reasonable endeavours to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these Terms and Conditions shall limit your rights as a consumer under English law.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you. You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the Terms and Conditions.
At our request, you agree fully to defend, indemnify and hold harmless And Now Wee immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms and Conditions by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and And Now Wee as a result of the Terms and Conditions or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of And Now Wee, and we shall not be liable for any representation, act, or omission on your part.
The Terms and Conditions (as amended from time to time) constitutes the entire agreement between you and And Now Wee regarding your use of this Site, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and And Now Wee in relation to such matters. In the event any other rules, code of conduct, or other matter posted on this Site conflicts with the terms of the Terms and Conditions, the Terms and Conditions shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the Terms and Conditions. You confirm that, in agreeing to accept the Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in the Terms and Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the Terms and Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the Terms and Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
The Terms and Conditions together with all our policies and procedures will be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
And Now Wee Ltd, Registered Office Address: 158 Hermon Hill, South Woodford, London E18 1QH.
WHY WE COLLECT CUSTOMER INFORMATION
And Now Wee Limited collect customer information to communicate with our customers about our brand, products, services and promotions. We collect information including your name, e-mail and postal address that you provide to us when you register. We also monitor site use and traffic patterns to improve our web site design and the products and services we offer. And Now Wee Limited recognizes that it must maintain and use customer information responsibly.
OTHER INFORMATION WE COLLECT THROUGH OUR WEBSITE
As a user of our services, we may collect non-personal data about use of the website, such as pages visited, times and volume of use of the services as well as Traffic Data. Traffic data includes logs, details of networks, time of log-on or access, length of sessions and similar systems data.
OPT-IN AND OPT-OUT PROVISION
And Now Wee Limited utilises the latest Secure Server Software (SSL) to ensure that all personal information, including credit card details, remains private and secure. And Now Wee Limited will not rent or sell your e-mail address or personal details for any reason. We treat customer confidentiality with the highest priority. By registering your information with us, you consent to And Now Wee Limited sending correspondence regarding the website and our stores to the e-mail address that you have registered. If you have registered to receive email newsletters from us, you can remove your email address from our list at any time by using the links in the emails we send you to log onto your account to change your preferences. Alternatively, you may e-mail firstname.lastname@example.org to request removal. Please include your e-mail address along with your full name and we will remove you from our mailing list. Please allow 7 working days for the full removal process to take place. And Now Wee Limited complies with the standards, procedures and requirements detailed in the Data Protection Act.
SAFEGUARDING YOUR PERSONALLY IDENTIFIABLE INFORMATION
We will only collect personally identifiable information to the extent deemed reasonably necessary to serve you in view of our legitimate business purposes as set out above, and we will use our best endeavours to maintain appropriate safeguards to ensure the security, integrity and privacy of the information you have provided us with. When you place an order or access your account information, we use a Secure Socket Layer (SSL) encryption which encrypts your information before it is sent to us to protect it from unauthorised use. In addition, we will take reasonable steps to ensure that third party business partners' to whom we transfer any data will provide sufficient protection of that personal information.