VAMPIRESTYLE LTD – TERMS OF USE
This page (together with our Privacy Policy [hyperlink]) tells you information about us and the legal terms and conditions (Terms) on which we provide services or sell to you any of the products listed on our website (Contract). Please read these Terms carefully.
You should print a copy of these Terms (or save them to your computer) for future reference.
1. Introductions
Thank you for choosing VampireStyle Ltd (“VampireStyle”, “we”, “us”, “our”). By using the VampireStyle service, websites, or software applications (together, the “VampireStyle Service” or “Service”), including by purchasing or receiving VampireStyle offers, you are entering into a binding contract with VampireStyle.com
In order to use the VampireStyle Service, you need to have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. You also warrant that any registration information that you submit to VampireStyle is true, accurate and complete, and you agree to keep it that way at all times.
2. Changes to the Contract
Occasionally we may make changes to the VampireStyle Service and the Contract. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.
3. Use of VampireStyle Education
3.1 Subscription
Users of the VampireStyle site may access the Service by subscribing following the procedure set-out on our website: www.VampireStyle.com
3.4 Payment
The payment process for our Service is provided via the Paypal pre-approved payments system. For each applicable transaction your Paypal email address will be entered on the payment screen, along with confirmation of the purchase to be made.
We may also take payment on our site or over the telephone by debit/credit card.
Further details about the ways in which payment may be made to us can be found on our website in the section titled ‘Payment Methods’.
3.3 Electronic Service Delivery
You agree and consent to receive electronically all communications, Contracts, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your VampireStyle account (“Account”) and your use of our services. Communications include:
-Contracts and policies you agree to (e.g., the VampireStyle Terms and Conditions and the VampireStyle Privacy Policy), including updates to this Contract or policies;
-promotional offers (including third party communications);
-transaction receipts or confirmations;
-account statements and history; and
-any other Account or transaction information.
We will provide these Communications to you by posting them on the VampireStyle website and/or by emailing them to you at the email address listed in your VampireStyle profile. It is your responsibility to keep your email address up-to-date so that VampireStyle can communicate with you electronically. You understand and agree that if VampireStyle sends you an electronic Communication but you do not receive it because your email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, VampireStyle will be deemed to have provided the Communication to you.
Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add VampireStyle to your email address book so that you will be able to receive the Communications we send to you.
You can update your email address at any time by logging into the VampireStyle website member area. If your email address becomes invalid such that electronic Communications sent to you by VampireStyle are returned, VampireStyle may deem your Account to be inactive, and you will not be able to transact any activity using your VampireStyle Account until we receive a valid, working email address from you.
3.4 Dormant Accounts
We reserve the right, at our absolute discretion, to terminate dormant accounts. In order to keep an account active and ensure it doesn’t get marked as dormant, we require you to log in to your account at least once in every six (6) month period; we do not require you to make purchase transactions during this period.
4. Third Party Applications
The VampireStyle Service may provide a platform for third party applications, websites and services to make available products and services to you (“Third Party Applications”), and your use of these Third Party Applications is subject to their terms of use. You understand and agree that VampireStyle is not responsible or liable for the behaviour, features, or content of any Third Party Application.
5. Technology limitations and modifications
VampireStyle will make reasonable efforts to keep the VampireStyle Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. VampireStyle reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the VampireStyle Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the VampireStyle Service or any function or feature thereof. You understand and agree that VampireStyle has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
8. Payments, cancellations and cooling off
If you reside in a European Union member country and have purchased a product using our website, you have the right to change your mind and receive a full refund within fourteen (14) days of purchase (the “Cooling-off Period”).
We may change the prices charged for our products from time to time, and will communicate any price changes to you. By continuing to use the VampireStyle Service after the price change takes effect, you are deemed to accept the new price.
9. Refunds and returns
If you are a consumer, you have a legal right to cancel a Contract during the period set out below in this clause 9. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
However, this cancellation right does not apply in the case of:
(a) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them. or
(b) any products which become mixed inseparably with other items after their delivery.
Your legal right to cancel a Contract starts from the date of the dispatch confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
Your Contract End of the cancellation period
Your Contract is for a single product (which is not delivered in installments on separate days). The end date is the end of 14 days after the day on which you receive the product.
Your Contract is for either of the following:
· one product which is delivered in installments on separate days.
· multiple products which are delivered on separate days. The end date is 14 days after the day on which you receive the last installment of the product or the last of the separate products ordered.
Your Contract is for the regular delivery of a product over a set period. The end date is 14 days after the day on which you receive the first delivery of the products.
To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to email us to the address provided on our website. If you use this method we will e-mail you to confirm we have received your cancellation.
If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
If you cancel your Contract we will:
(c) refund you the price you paid for the products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods.
(d) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method).
(e) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the product and we have not offered to collect it from you: 14 days after the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us;
(ii) if you have not received the product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
If you have returned the products to us under this clause 9 because they are faulty or mis described, we will refund the price of the products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
We will refund you on the credit card or debit card used by you to pay, or via your Paypal account.
Because you are a consumer, we are under a legal duty to supply products that are in conformity with this Contract. As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9, or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
10. Term and termination
These Terms will continue to apply to you until terminated by either you or VampireStyle. VampireStyle may terminate the Terms or suspend your access to the VampireStyle Service at any time, including in the event of your actual or suspected unauthorised use of the VampireStyle Service or non-compliance with the Terms. If VampireStyle terminates the Terms, or if VampireStyle suspends your access to the VampireStyle Service, you agree that VampireStyle shall have no liability or responsibility to you and VampireStyle will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
11. Warranty
We endeavour to provide the best service we can, but you understand and agree that to the fullest extent permitted by law:
-THE VAMPIRESTYLE SERVICE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE VAMPIRESTYLE SERVICE AT YOUR OWN RISK. VAMPIRESTYLE DISCLAIMS ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
-In addition, VampireStyle does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application content, User Content, or any other product or service advertised or offered by a third party on or through the VampireStyle Service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that VampireStyle is not responsible or liable for any transaction between you and third-party providers of Third Party Applications or products or services advertised on or through the VampireStyle Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from VampireStyle shall create any warranty on behalf of VampireStyle in this regard.
12. Limitation
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the VampireStyle Service, the Third Party Applications or the Third Party Application content is to stop using the VampireStyle Service, the Third Party Applications or the Third Party Application content.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL VAMPIRESTYLE, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE VAMPIRESTYLE SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER VAMPIRESTYLE HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE VAMPIRESTYLE SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO VAMPIRESTYLE DURING THE PRIOR THREE MONTHS IN QUESTION.
Nothing in this Contract removes or limits VampireStyle’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence.
13. Entire agreement
This Contract constitutes all the Terms agreed upon between you and VampireStyle and supersede any prior agreements in relation to the subject matter of this Contract, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Contract in any written or oral communication from you to VampireStyle are void. You represent that you have not accepted the Contract in reliance on any oral or written representations made by VampireStyle that are not contained in the Contract.
Occasionally we may offer you the chance to participate in offers, contests, and surveys (“Special Promotions”) through the Service. Special Promotions may be governed by terms and conditions that are separate from these Terms. If the provisions of a Special Promotion’s terms and conditions conflict with these Terms, those separate terms and conditions shall prevail.
14. Severability
Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.