Terms and conditions of sale

By purchasing products from Yachew LTD ("Yachew", "we", "us", "our") or using this website, the purchaser (the "Customer", "you", "your"), agrees to the following terms and conditions of sale (the "Terms").

Limitation of Liability:

The Customer shall indemnify Yachew against any loss of or damage to property or for data or software which is lost, corrupted, deleted or altered due to the act or omission of the customer. Yachew shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services from Yachew, even if Yachew has been advised of their possibility. In no case shall Yachew's maximum liability exceed the cost of the relevant original order.

Prices & Payment:

Prices for our products are subject to change without notice. Although we do our best to ensure prices are accurate, errors do occur occasionally. When an error occurs we reserve the right to cancel your purchase. Yachew's payment methods will be presented at the time of purchase. Yachew retains title in the products until payment is received in full.

Business Customers:

To the extent permitted by law, business customers agree that where products are purchased for the purpose of a business that consumer protection legislation does not apply.

Addresses:

If a product is sent to an incorrect address by Yachew then Yachew will be responsible for redelivery, replacement or refund of the product. If the Customer is found to have given an incorrect or insufficient address all responsibility for correcting delivery will be borne by the Customer and Yachew will not refund or resend the product.

Software warranty:

All software or other electronic or digital products including DVDs sold by Yachew is subject to the terms and conditions of the license agreements that apply to those products. The Customer acknowledges their obligations to abide by such license agreements. Subject to any applicable law that cannot be excluded, the Customer acknowledges that Fishpond does not warrant any software or other electronic or digital products under these Terms and Conditions. All software and other electronic or digital products are warranted in accordance with the license agreement that governs its use.

Security:

Yachew uses reasonable endeavours to ensure this website, and any transactions conducted on it, are secure. However you acknowledge that the security of information and payments transmitted via the Internet can never be entirely secure or error free. Yachew will not be liable for any damages suffered due to failure, delay, interception or manipulation of electronic communications by third parties on any computer programmes (e.g. those used for transmission of viruses).

Consumer Protection and other Legislation:

Where the provisions of any consumer protection law, or any mandatory legislation in your jurisdiction that cannot legally be excluded applies, these terms will be read subject to the application of that legislation, and in the case of any conflict, the provisions of that legislation will apply.

Order Cancellation:

Yachew reserves the right to cancel or refuse orders for any reason or to cancel the purchase agreement after order confirmation. We may, in our sole discretion, limit or cancel quantities purchase per person, per household or per order. If we do cancel your order or purchase agreement, we accept no liability for any resulting damages or costs suffered by you, however we will refund the purchase price to you (where it has already been paid).

Customs & Duties:

The customer is the importer of record and will be responsible for all customs import duties and sales tax charges. These charges vary in each country and are outside of Yachew's control. Please contact your local customs office for more information on what import duties or sales taxes may be imposed.

Errors, Omissions & Inaccuracies:

There may occasionally be information on our site that contains typographical errors, omissions or inaccuracies that may include, product descriptions, pricing, promotions, offers, transit times and availability. We reserve the right to correct these and to change or update information or cancel orders if the information is inaccurate at any time without prior notice including after you have submitted your order.

In order to provide a large range of products, Yachew does not always hold stock of products listed on this site in its warehouse. Yachew works with a number of third party suppliers throughout Europe that help add to our existing product range. We work with them to ensure the stock and pricing information is as accurate as possible, however some errors and omissions are expected. Yachew reserves the right to cancel orders if they are no longer available.

Copyright & Trademarks:

The content you access, view or download on this site remains the property of Yachew LTD. You agree not to modify or alter such content in any way.

If you feel that data in Yachew's catalogue constitutes an infringement of your copyright under applicable copyright please email: yachew@yachew.com. Please include:

The identification of the copyrighted work that is allegedly infringing, the reasoning and that you wish you have it removed. A statement that you are or authorised to act on behalf of the copyright holder. Please also provide contact details including an email address where the complainant may be contacted. 

Prohibited Uses:

You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Warranties, Limitation of Liability & Indemnification:

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

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Yachew, 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. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You agree to indemnify, defend and hold harmless Yachew, it's subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party

Severability:

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination:

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement:

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

These Terms of Service and any policies or operating rules posted by us on this site constitutes the entire agreement and understanding between you and us and govern your use of the sale, 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).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Governing Law:

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.

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