Terms & Conditions
Thanks for visiting The Versability Shop. We’ll do all we can to ensure you have an enjoyable shopping experience, and that you are completely happy with your uniquely personal gift.
When we refer to "The Versability Shop" in these Terms, we mean THE VERSABILITY SHOP LTD, the www.theversabilityshop.com site, and/or any Versability Shop application that you access, according to the context.
Here’s what you need to know...
Introduction
Our trading details
Ordering from us
Supply and pricing of goods
Delivery
Changing or cancelling an order
Returns and refunds
Use of the Website
Offers and Promotions
General
1. Introduction
These terms and conditions (the "Terms") set out your rights and obligations, and those of The Versability Shop ("we" or "us"), in relation to this website, www.theversabilityshop.com (the "Website"), any Versability Shop application that you access (the "App") and any products, services and material of any kind available through the Site, the App or us (the "Services").
We are a company registered in England and Wales under registration number 11263442 under the name THE VERSABILITY SHOP; the address of our registered office is 27 Old Gloucester Street, London, WC1N 3AX. When we refer to "The Versability Shop" in these Terms, we mean us, the Site, the App and/or the Services, according to the context.
By registering with The Versability Shop, you accept that you are entering into a contract with us under these Terms. People who register with The Versability Shop establish an "Account", and become "Users". Visitors to The Versability Shop who do not register with The Versability Shop, but who nevertheless use the Site or download the App, affirm that they are bound by these Terms each time they access The Versability Shop.
You must be at least 16 years of age to use this website or the app.
If you do not agree to these Terms, you must not use this Website or the App.
You should be aware that these Terms may change from time to time
You will be able to access most areas of The Versability Shop without registering your details with us.
2. Trading details
Whenever you buy a product through this Website or the App, you will be contracting with THE VERSABILITY SHOP LIMITED, a limited liability company incorporated in England and Wales under company number 11263442.
Registered office: 27 Old Gloucester Street, London, WC1N 3AX.
Email address: hello@theversabilityshop.com
3. Ordering from us
3.1. Product description
We use our reasonable endeavours to make sure that every product on The Versability Shop is shown accurately and that prices are correct. However, occasionally there may be small variations in colour, typefaces and layout.
3.2. Placing your order
A contract for the purchase of a product is created as follows:
The User places the order on the Site or App by pressing an order confirmation button ("Checkout") at the end of the checkout process:
By confirming your order, you are agreeing to purchase the product you have selected
At this point, we take payment for your order by means of your nominated payment method
We will send to you a "Thank you for your order" email detailing your order, and other information we must provide to you
From time to time, we may reject an order for the following reasons:
If, unfortunately, we do not have your chosen product in stock
Where we cannot obtain authorisation for your payment
If there has been a relevant pricing or product description error
If your order otherwise breaches any of the requirements of these Terms
If your order is rejected, we will contact you to confirm this and reverse the payment you have made for that order.
3.4. Content Rules
We do not create personalised products that nclude any content or material which:
infringes anyone's copyright:
infringes any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality
contravenes any applicable law (including, without limitation, any criminal law) or regulation
is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person
misrepresents identity or impersonates any person
includes any material containing personally identifying information about another person, such as their address, phone number, or email address, except with the written approval of that person
contains material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group
may harass, upset, embarrass or alarm any person
advocates, promotes or assists any unlawful act
The above are our Content Rules.
3.6. Payment
At The Versability Shop, you can pay for your products using any payment method(s) which we make available to you at the time of your order.
3.7. Prices and VAT
All prices of products shown on the Website and/or the App include Value Added Tax at the prevailing rate.
3.8. Postage and packaging charges
For most items, prices are shown exclusive of postage and packaging charges; these will be shown separately at the checkout stage before you place your order. In some cases, prices shown may include postage and packaging. If this is the case this will be clearly stated.
3.9. VAT Receipts
In most cases your order confirmation email contains all the necessary information to constitute a simplified VAT receipt in line with the HMRC guidelines. However, should you require a Full VAT invoice you can request this via our contact form here. Please allow up to 10 working days for the full VAT invoice to be sent.
4. Delivery
During the order process, The Versability Shop will generally notify you of the despatch dates available and the expected timeframe for receiving your order; however, The Versability Shop does not guarantee delivery dates or times. We will make you aware of delivery charges (if any) before you place your order.
Expected delivery times and charges will differ depending on which products you order. More details are set out below.
5.. General despatch information
The despatch date is the day we SEND the item you have ordered, NOT the day it will be delivered.
Your order is likely to arrive much faster if you use a postcode
You can check that you have the correct postcode by using the Royal Mail's handy postcode finder available at www.royalmail.com/find-a-postcode. To state the obvious , we are not responsible for the accuracy of the Royal Mail's postcode finder
It is your responsibility to ensure that the delivery address you provide for any order you place is correct
5.2. Circumstances Beyond Our Control
Neither we, nor any delivery service that we use, shall be liable for any failure to perform Services where such failure or delay results from any circumstances outside our reasonable control; these circumstances include but are not limited to adverse weather conditions (such as snow, flood and extreme winds), fire, explosion, accident, traffic congestion, obstruction of any private or public highway, riot, terrorism, act of God, or industrial dispute or strike.
6. Returns and refunds
At The Versability Shop, we always try to send your products in perfect condition. However, occasionally, a problem can arise. In the unlikely event that a product is faulty, or it is damaged in delivery or is the wrong item, we ask you to contact us to let us know of the problem as soon as possible. We will then advise you on whether you are eligible for a refund or replacement.
7. Use of the Website
7.1. Abuse of service
You agree not to use The Versability Shop directly or indirectly for any unlawful purpose, or to cause distress or offence to any person. You also agree not to upload, email to us or print any material which might infringe our Content Rules
7.2. Intellectual Property
All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that appears on the Website or App is protected by The Versability Shop's or third party copyrights, trade marks, service marks, patents or other proprietary rights and laws. "The Versability Shop" is our trademark, and you agree not to display or use it in any manner without our prior written consent.
You may use and access The Versability Shop to the extent required for the use of the Services in accordance with these Terms, and for the purpose that we make them available. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material taken from The Versability Shop.
No-one may copy, distribute, show in public or create any derivative work from The Versability Shop, or any of the material which is found on The Versability Shop unless properly licensed in writing by us to do so. You are not allowed to use The Versability Shop (or to copy or use any material found on The Versability Shop) for any commercial purpose other than to conduct the purchase of a product from The Versability Shop.
No-one may use any robot, spider, scraper or other automated means to access The Versability Shop for any purpose without our prior express written permission.
7.3. Website content and service access
We will always try to ensure that The Versability Shop is available 24 hours a day. However, we will not be liable if for any reason the Website is unavailable at any time, or for any period.
7.4. Links
Occasionally, we may provide links to other websites or resources for your convenience. We do not endorse the contents of those websites and are not responsible for their availability or service. We will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third party websites you do so at your own risk.
7.5. Liability
We use reasonable care and skill to provide The Versability Shop in accordance with our specifications for The Versability Shop but:
the Services are provided "as is"
we cannot and do not guarantee that The Versability Shop or the Services
will meet your requirements
We shall have no obligation, duty or liability whatsoever in contract, tort
(including negligence, breach of statutory duty and any other tort) or
otherwise, save as expressly provided in these Terms.
Nothing in these Terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, nor our contractual obligations in respect of products we agree to supply following our acceptance of your order.
We are under a legal duty to supply goods which conform to our contract with the User.
We, our agents, directors, officers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
for any loss of revenue, data, business, anticipated savings, profits,
opportunity, goodwill
or reputation, or for any business interruption
any loss or corruption of data
any loss or damage which does not directly result from (or which exceeds
that which was
caused as a direct result of) our breach of this Agreement, howsoever
caused or arising
Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.
We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the Terms by you, your use of the Website or App, or anything done while your Account is logged into the Website or App.
The provisions of this section shall survive the termination or expiry of these Terms.
8.. Suspension
We reserve the right at any time and without notice (a) to suspend or terminate your ability to access The Versability Shop, (b) to suspend or terminate your use of all or part of the Services and/or any then-current orders for products, and/or (c) to take technical and legal steps to stop you from using The Versability Shop if you appear to us to be in breach of any provision of these Terms. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person.
In addition, we are entitled to suspend provision of all or part of the Services at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.
8.1. Contact from third parties
If anyone contacts us in relation to your or your Account's use of The Versability Shop or a transaction associated with you or your Account, then you agree:
to provide all reasonable information and assistance we may require in
connection with responding to that contact
to respond promptly and accurately to it, should we pass the message to
you for a response
9.. Offers and Promotions
The offers and promotions which we make available on our Website or through our App are governed by terms and conditions which will be accessible to you at the time here.
10. General
These Terms are intended to contain your entire agreement with us relating to the Services, the Website and the App.
If any of these Terms is found to be invalid this shall not affect the validity of the remaining provisions which shall remain fully enforceable. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches.
Only you and The Versability Shop shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
We reserve the right to change these Terms from time to time, and post the new version on The Versability Shop. The new version of these Terms will take effect:
commencing 28 days after the date of posting (or such later date as we
indicate in the relevant posting), if any of the changes is to an operative
provision of these Terms which is capable of adversely affecting you
immediately upon the date of posting (or such later date as we indicate in
the relevant posting), if the changes are not reasonably capable of
adversely affecting you - examples of which would include, without
limitation, (i) changing the name of, and/or the web-address that you use
to access, The Versability Shop, and (ii) the refinement of
provisions that are already included or referred to in these Terms
In either case, if you do not wish to be governed by the new version of these Terms, you must cease to use the Services and The Versability Shop. For the avoidance of doubt, we will not have any liability to you in that event.
These Terms, the Services and each order and purchase of a product shall be governed by English law.
You and we each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising in connection with these Terms, the Services and any order for or purchase of a product.
We don't separately file the Terms entered into by Users when they use our site. Please make a durable copy of these Terms by printing and/or saving a downloaded copy on your own computer. They are offered in English only.
These Terms, together with the The Versability Shop Ts & Cs, are intended to contain your entire agreement with us relating to the subject-matter of these Terms.
If any of these Terms is found to be invalid this shall not affect the validity of the remaining provisions which shall remain fully enforceable. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches.
We reserve the right to change these Terms from time to time, and post the new version on the Website. The new version of these Terms will take effect on a date that we will specify at the time.
You and we each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising in connection with these Terms, The Versability Shop Rewards or any of the subject-matter of these Terms.
These Terms take effect on 7th of July 2018