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Terms and Conditions

Please read carefully these website terms and conditions before using the website (the ‘Website’). Access to and use of the Website is provided by The Upper Level and is subject to the following Terms and Conditions (the ‘Terms and Conditions’). In using this Website you indicate your agreement to be bound by these Terms and Conditions. In doing so, you agree to be bound by the Terms and Conditions of any other documents referred to and incorporated into these Terms and Conditions, and the expression ‘Terms and Conditions’ shall include these other materials.


Changes to the website/general product information

 

You acknowledge and accept that The Upper Level may from time to time alter any aspect of the Website, or any of the services or products provided through the Website, as it thinks fit and without notice to you. Further, The Upper Level may alter the Terms and Conditions at any time without notice. You accept that you will have no claim for breach of contract or otherwise in respect of any such alteration. From time to time, the website may experience technical errors that are no fault of The Upper Level. The Upper Level accepts no responsibility for any loss of function, erroneous information, incorrect product information or loss of total site function which could affect the user experience. Products may differ slightly online from the physical item, through coloration, effect and style. Whilst The Upper Level try to ensure that the product is photographed to show optimal likeness, The Upper Level cannot be held responsible for any difference in the above and reserve the right to refuse refunds if this is the sole reason for returning goods to The Upper Level. Please enquire prior to purchase if you have any concerns.


User Conduct

 

You warrant that in your use of the Website, you shall:

(a) use only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of these services by any third party;

(b) not engage in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person;

(c) without prejudice to the generality of paragraph

(d) above, not upload, post, transmit or distribute any material or information in which you do not own the intellectual property rights, or any material which is in any way unlawful or which is potentially harmful, threatening, abusive, libellous, pornographic or otherwise obscene, or racially or ethnically or otherwise objectionable; and

(e) not upload, post, transmit or distribute any material or information which contains a computer virus, time bomb, Trojan horse, worm or other code, files or programs intended or having for effect to disrupt or otherwise adversely affect the operation of the Website, or of other Users’ computer systems.

The Upper Level shall be entitled to remove any material or restrict or terminate your access to the Website or all other relevant services attributed to The Upper Level in the event that any of the above warranties are breached.


Disclaimer

 

The contents of the Website (the ‘Contents’) are provided to you by way of general background information only. You should not rely on the accuracy of any part of the Contents. You accept and acknowledge that The Upper Level, its employees and representatives of any sort shall not in any way be liable for any damage, loss, costs or expenses arising directly or indirectly from your downloading of any of the Contents from the Website, or your reliance on or use of any of the Contents for any purpose. Without prejudice to the foregoing generality, The Upper Level hereby exclude, insofar as permitted by law, all warranties and representations, express or implied, in respect of any of the Contents, including but not limited to any information, names, images, pictures, logos and icons forming part of them, including but not limited to warranties of satisfactory quality, fitness for a particular purpose, non infringement of third party rights or any law, compatibility, security and accuracy.


Website Hypertext links

 

The Website and its Contents may incorporate links to the websites and services of third parties. Such links are provided for your convenience only, and their provision does not constitute an authorisation by The Upper Level to you to access such third-party websites, nor an endorsement of the content of such third party websites by The Upper Level. You acknowledge and accept that The Upper Level are not, and shall not be held responsible for any damages, loss, costs or expenses arising from the use of such third party web sites, or products or services available through such third party web sites.


Copyright

 

Except where expressly indicated otherwise, copyright in all of the Contents of the Website belongs to The Upper Level. Notwithstanding the foregoing, The Upper Level hereby authorises you as a User to:-

(a) view and display the Contents;

(b) download the Contents and store them in your computer, provided that you also download this copyright notice; Copyright (The Upper Level 2016)

(c) do not, under any circumstances, download or copy and use for your own personal gain any of the brand attributes including Website logo and affiliate logos including PayPal


Termination

 

The Upper Level reserves the right to terminate forthwith, or to refuse to permit, the use of the Website by any User, at anytime and at The Upper Level’s absolute discretion.


General

 

These Terms and Conditions shall be deemed to include any other policies contained on the Website from time to time, including but not limited to rules relating to the data protection policy of The Upper Level, as set out in the ‘Privacy Policy’. These Terms and Conditions, the Privacy Policy and any other specific terms of use appearing anywhere on the Website constitute the entire agreement of the parties in relation the use of this site, and the Terms and Conditions supersede any other agreements between the parties in this matter. If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and Conditions and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable. The rights of The Upper Level and you under these Terms and Conditions may be exercised as often as necessary. They are cumulative and not exclusive of either party’s rights under the general law, and may be waived only in writing. Delay in exercising or non-exercise of any right is not a waiver of that right.


Governing Law

 

These Terms and Conditions shall be governed by and construed in accordance with the laws of England. Any disputes arising here from shall be exclusively subject to the jurisdiction of the courts of England. Non-acceptance of the Terms and Conditions. If you do not accept these terms and conditions in full, you do not have permission to access the Contents of the Website and therefore should cease using the Website immediately.


Credit Notes 

 

All credit notes and vouchers are to be used in-store only, unless otherwise stated.

 

Copyright The Upper Level 2016