Terms of Service

Our Place Terms of Service and Sale- International

 

Last modified: May 23, 2024

 

These Terms of Service and Sale (the “Terms”) are a legal agreement between you and Our Place, and its affiliated entities (collectively, “Our Place,” “we,” “us,” and “our”). These Terms apply to residents of the European Economic Area, Switzerland, and the United Kingdom (“Europe”) and to residents of Australia that use Our Place websites, applications, and related software and features (collectively, “Sites”); participate in Our Place contests or sweepstakes; purchase our products or services (collectively, “Products”); and/or visit our physical stores and locations and/or participate in Experiences (defined below) (collectively, all of our offerings referenced in this paragraph are referred to herein as the “Services”).

 

You form a contract with us by accessing, using, or interacting with the Services, or by purchasing our Products, and through these actions, you are indicating that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, then you must stop accessing or using the Services. These Terms do not affect your statutory rights as a consumer.

 

We may revise these Terms to reflect changes to the Services, our users' needs, our business priorities or changes in laws and regulations. We will give you reasonable notice of any major revisions in accordance with applicable legal requirements. Every time you wish to use the Services, please check these Terms to ensure that you understand the terms that apply at that time. 

 

If you are located outside of Europe and Australia, a different version of these Terms may apply which can be found here. Certain parts of the Services may also be subject to supplemental terms and conditions. If there is a conflict between these Terms and such other terms and conditions, such supplemental terms and conditions shall control.

 

These Terms contain the following sections:

 

  1. Who You Are Contracting With
  2. Eligibility
  3. Account Registration
  4. Intellectual Property
  5. User Content and Feedback
  6. Acceptable Use
  7. Terms of Sale
  8. Loyalty Programs
  9. Privacy
  10. Links to other Websites
  11. Warranties and Liability
  12. Modification and Termination
  13. Text Messaging
  14. Controlling Law
  15. General Terms
  16. Copyright Policy
  17. Contact Us

 

  1. Who You Are Contracting With

By agreeing to these Terms, if you are a resident of Europe, you are entering into a contract with Our Place U.K. Limited, trading as “Our Place”, a company registered in England and Wales. Our company registration number is 13182958 and our registered office is at 6th Floor One London Wall, London, United Kingdom EC2Y 5EB. Our VAT number is GB 380 4409 05.

 

  1. Eligibility

You must be over the age of majority in your jurisdiction to use the Services (in many jurisdictions, including the UK and Australia, this is 18 years of age) and if not, you represent and warrant that your parent or legal guardian agrees to these Terms on your behalf and grants you permission to use the Services. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to do so by such entity. You cannot access or use the Services if you are barred from receiving the Services under applicable law or if we have previously suspended or removed you from the Services.

 

  1. Account registration

You may be required to create an account to use or participate in certain parts of the Services. To create an account, you may need to provide us with certain information, such as your name and email address. You may also need to select a password. You are solely responsible for keeping your information confidential. You may not transfer, sell, assign, or sublicense your account without our prior written approval. You are solely responsible for all usage or activity that occurs under your account, including, but not limited to, use of the Services or purchases made by any person who uses your account, with or without authorization. You agree to immediately notify us of any unauthorized use or any other breach of security of your account. Our Place will not be liable for losses incurred as a result of an unauthorized use of your account or password. Information submitted by you is governed according to our Privacy Policy. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Services and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account.

 

  1. Intellectual property

“Content” means all websites, software, designs, text, art, audio, video, graphics, images, music, user interfaces, works of authorship of any kind, names, logos, trademarks, service marks, trade names, and information or other materials that are posted, generated, provided or otherwise made available through the Services. The Services and Content are protected by copyright, trademark, patent, trade secret and other laws of various global jurisdictions, including Europe and Australia. Except as expressly provided in these Terms, Our Place and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights.

 

You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights or notices incorporated in or accompanying the Services or Content. Any unauthorized use of any material contained on or through the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. As between you and Our Place, all names, trademarks, service marks, trade names, symbols, slogans, or logos appearing on the Services or Content are proprietary to Our Place or its affiliates, licensors, or suppliers and any goodwill associated therewise remains with us or those other entities. Use or misuse of these trademarks is expressly prohibited and may violate applicable trademark laws. Other trademarks, service marks and trade names that may appear on or in the Service are the property of their respective owners.

 

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, view, and use the Services and Content. This license is provided solely for your personal, noncommercial use and enjoyment of the Services as permitted in these Terms. You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Content, Services, or any portion thereof (including any third-party software), except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms. Our Place may revoke this license at any time, in its sole discretion. You may print off one copy, and may download extracts of any page(s) from the Services only to the extent this is necessary for the purpose of placing an order with us, or for using the Site as a shopping resource. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our Place’s status (and that of any identified contributors) as the author of the material on the Sites must always be acknowledged.

 

  1. User content and feedback

5.1 User Content. You maintain sole responsibility for any Content that you submit, display, post, or otherwise make available to us through the Services or otherwise (“User Content”), including any necessary third-party rights in the User Content. As between you and us, you own all User Content that you submit, but you hereby grant Our Place a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable, and sub-licensable license to use, copy, cache, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, communicate to the public, disassemble, and publish such User Content, in whole or in part, in any format or medium now known or hereafter devised, without compensation to you, for any purpose including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof). To the extent legally permissible, you agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content and you consent (and have procured the consent of any individuals that created any of the User Content) to any acts or omissions by us and any of our successors, assignees and licensees in respect of Your User Content which would (but for this consent) otherwise infringe any person's moral rights in such User Content. Please remember that other users may search for, see, use, modify and reproduce any User Content that you submit to any “public” area of the Site.

 

We may, but have no obligation to, pre-screen User Content before its appearance on the Services, and may prohibit or prevent you from posting, uploading, storing, sharing, sending, or displaying User Content to and via the Services at any time. In accordance with applicable law, we may, in our sole discretion, reject, move, edit, or remove any User Content that is submitted to the Services for any reason whatsoever, including without limitation, User Content that violates these Terms or our Review Guidelines. For further information, see the Acceptable Use section below. If your Content is removed or your account suspended for any reason, we will provide you with information on appealing our decision, if applicable, depending on local legal requirements.

 

5.2 Feedback. We welcome and encourage you to provide feedback, comments, ideas, suggested improvements or modifications related to Products, the Site or the Services (collectively “Feedback”). You acknowledge and agree that all Feedback you provide (i) will be treated as non-confidential and (ii) you grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable, transferable, sublicensable license to use, reproduce, modify, publish, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same, including any ideas, concepts, know-how or techniques contained therein, without any compensation or credit to you of any kind (including any royalty), on an unrestricted basis for any purpose whatsoever, including but not limited to developing, manufacturing, marketing, and selling products and services incorporating the Feedback. This is true whether you provide the Feedback on the Sites or through any other method of communication with us, unless we have entered into a separate written agreement with you that provides otherwise.

 

5.3 User Content and Feedback representations. You agree that any User Content or Feedback you submit or transmit to the Services will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User Content or Feedback will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services. You are solely responsible for any User Content or Feedback you make and their accuracy. We take no responsibility and assume no liability for any User Content or Feedback posted by you or any third-party.

 

  1. Acceptable use

The following conduct is strictly prohibited in connection with your access to and use of the Services. Without limitation, you will not:

 

  • abuse, defame, threaten, intimidate, stalk, harass, or harm another individual;
  • alter or tamper with any materials on or associated with the Services;
  • attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect or restrict access to the Services;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Services;
  • disrupt, overwhelm, attack, modify or interfere with the Services or their associated software, hardware, or servers in any way;
  • engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Services;
  • impede or interfere with others’ use of the Services;
  • impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
  • post or share anything, or engage in any conduct, that is illegal, abusive, harassing, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
  • post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain passwords, account data, or any other personal or private information from any user;
  • submit any content linking to multilevel marketing schemes, pyramid schemes, or off-topic content;
  • submit, send, post, upload, or otherwise make available unsolicited or unauthorized advertising or commercial communications, such as spam, advertising, promotional materials, junk mail, chain letters, or any other form of solicitation;
  • take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • transmit any viruses, malicious code, or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
  • attack our Site via a denial-of-service attack or a distributed denial-of-service attack;
  • use any means to scrape or crawl any web pages contained in the Services;
  • use any of our Site Content for your own commercial purposes, including in marketing competitive products;
  • use any robots, spiders, scrapers, or any other automated means to access the Services for any purpose;
  • violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
  • violate any law or regulation; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

 

  1. Terms of Sale

7.1 Products and Prices. Some of the Products featured on the Services are displayed for promotional purposes only and may not be available for purchase or may be out-of-stock. All Products offered for purchase are subject to availability and we reserve the right to impose quantity limits. In some cases, Products displayed for sale on the Site may not be available in stores or vice versa. Prices advertised on the website are subject to change without notice (but will not be changed in respect of any order that has been placed and processed). Prices include applicable VAT (defined below, to include applicable GST, also defined below), shipping and handling charges, or other fees, unless we clearly state otherwise or are required by law to display prices inclusive of any VAT charges and other fees. Prices posted on this Site may be different from prices offered by us at our stores.

 

We attempt to be as accurate as possible and to eliminate errors on our Services. However, despite our best efforts, a small number of the items we offer may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product's correct price is higher than the price on the Services, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product. We make reasonable efforts to display as accurately as possible the colors and images of our products that appear online. We cannot guarantee that your computer monitor's display of any color will be accurate.

 

We may offer Products for pre-order, in which case we will make attempts to provide accurate estimated shipping times. However, such shipping times are not guaranteed, and we will endeavor to provide updates to you as soon as possible. In the event a Product you have ordered is out of stock, we will also make attempts to notify you of the updated shipping date when available.

 

7.2. Orders. Our presentation of Products shall not be considered a binding offer, but rather an invitation to place an order. Placing an item in your shopping cart does not constitute an acceptance of our offer or a conclusion of the sale. We will send you an order acknowledgement email detailing the products you have ordered—this is not an order confirmation or order acceptance from Our Place. In accordance with applicable law, we reserve the right, at our sole discretion, to cancel or refuse any order for any reason at any stage of the process prior to delivery, including after an order has been submitted. In such case, we will notify you in writing and will not charge you for the Product(s) or provide a full refund if you have already paid. Unless otherwise agreed to by Our Place, payment must be received by Our Place prior to acceptance of an order. Notwithstanding the foregoing, Our Place may in its discretion choose not to charge your selected payment method until your order has been shipped. Our Place may process payment for and ship parts of an order separately. We may require additional verifications or information before accepting any order. Order acceptance and the completion of the contract between you and us will take place on the delivery to you of the Product(s) ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with these Terms. The shipping confirmation email shall also serve as a binding order acceptance. Our Site is solely for the promotion of our products in certain countries in Europe and Australia and we do not currently accept orders or deliveries to addresses outside such countries in Europe and Australia.

 

You may save these Terms and any other terms and conditions applicable to the order. We will not be responsible for storing the text of the contract after conclusion of an order. This means it may then not be accessible to you.

 

7.3 Promotions, Voucher Codes, Special Offers. All promotions, coupons, and other special offers (“Offers”) are subject to the terms and conditions of the associated Offer and may not be combined or used in conjunction with other Offers unless specifically permitted. Only one Offer may be used per order and such Offer is applicable to in stock items only, unless otherwise agreed to by Our Place. Our Place reserves the right to decline orders where it determines in accordance with its terms of the Offer that the use thereof is invalid. Purchases using an Offer must comply with the terms to qualify for the Offer and may be subject to additional conditions than those contained in these Terms as provided to you in connection with the Offer. Offers are not redeemable for cash. Only Offers sent to you through official Our Place communications channels are valid. Subject to applicable law, you agree that Offers: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be subject to additional terms.

 

7.4. Limited Edition. Our Place may occasionally offer variations of a Product in limited quantities (“Limited Edition Products”). Unless otherwise noted, Offers may not be applied to the purchase of Limited Edition Products. Limited Edition Products may look and perform differently than their standard counterpart. Replacement of Limited Edition Products is subject to availability and, subject to any Non-Excludable Rights you may have if you are an Australian resident, may be replaced with a Product of similar kind, in Our Place’s sole discretion.

 

7.5 Resale. Other than to our authorized corporate gifting and wholesale partners, we sell and ship Products to end-user customers only, and Our Place reserves the right to refuse or cancel your order, restrict sales to any customer or customer account, impose purchase quantity limits, suspend or close any account or take any other action we reasonably deem necessary, if we suspect you are purchasing products for resale or export. Products sold through the Services are not authorized for resale or export. The resale of or offer to sell a Product without the authority of Our Place is an infringement of Our Place’s intellectual property rights. Your submission of your order shall constitute your full acceptance of these restrictions on resale. Your purchase may not be sold, leased or transferred to restricted countries; to restricted end users; or for restricted end uses according to applicable export and sanctions laws of the United States and your jurisdiction.

 

7.6. Payment Information. For your convenience, we offer a wide array of payment methods to complete your purchase as indicated to you at the point of sale. By providing a credit card or other payment method that we accept, you represent and warrant that: (1) all payment information is accurate; (2) you are authorized to use the designated payment method; (3) you permit us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable VAT, shipping and handling charges (if any) and other charges that are made known to you); and (4) you have sufficient funds or credit available upon your initiation of a transaction to ensure that the total amount of your order will be paid for. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order(s) may be suspended or canceled. Please note that some credit card companies, banks and financial institutions may place an authorization or temporary hold on your account in connection with your purchase. Please contact your credit card companies, banks or financial institutions directly to inquire about any such authorization or hold.

 

7.7. Third Party Provider. Our store is hosted on Shopify Inc. (“Shopify”). They provide us with the online e-commerce platform that allows us to sell our Products to you, and provide payment services to us (e.g., credit card transaction processing, merchant settlement and related services). By purchasing any Product, you agree to be bound by Shopify’s Payments Terms of Use, available at https://www.shopify.com/legal/terms-payments-us and Privacy Policy available at https://www.shopify.com/legal/privacy. You hereby consent to provide and authorize Our Place and Shopify to share any information and payment instructions you provide to the minimum extent required to complete payment transactions.

 

7.8. Klarna. In cooperation with Klarna and in certain jurisdictions only, you may be offered the opportunity to purchase Products using Klarna as a payment method. The terms and conditions which will apply to payment with Klarna can be found here. Eligibility for use of the Klarna payment method will be determined by Klarna in their sole discretion and, to the extent permitted by applicable law, Our Place accepts no liability in respect of your use of Klarna as a payment method. Where you choose to purchase your Products using payment by invoice with Klarna, you will be sharing your personal data with Klarna and the terms of Klarna privacy policy shall apply to their use of your personal information. We shall have no responsibility for their use of your personal data.

 

7.9. VAT. To the fullest extent permitted by applicable law, you are responsible for any sales, use, value-added or other governmental taxes (including, if applicable, GST, as that term is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)), fees or duties (collectively, "VAT") due with respect to your purchase and use of our Products and Services. Our Place collects VAT if we determine we have a duty to collect VAT based on the type of Product or Service purchased, date of shipment and the shipping address. If the rate of VAT changes between your order date and the date we supply the product, we may either contact you before dispatch to request whether you want to buy the product subject to the increased VAT amount or cancel your order, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

 

Customs policies vary widely from country to country, so you should contact your local customs office for further information. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

 

7.10. Shipping, Title Transfer, Risk of Loss, Delivery. You agree to pay any shipping and handling charges shown at the time you place an order. In accordance with applicable law, we reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Our delivery dates or times may vary from what we display on our website or as part of the checkout process. In such case, we may notify you if your shipment is delayed. Products may be delivered in multiple shipments. If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not rearrange delivery or collect them from a delivery depot we will contact you with further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end our contract with you. With the exception of products purchased or picked up at an Our Place store, title and risk of loss for products purchased from Our Place pass to you upon their delivery to you by our common carriers, provided you have made full payment of the order amount (including Product price, delivery charges if any and any other charges payable under these Terms of Sale, if any).

 

7.11. European Right of Withdrawal.

 

Notice of your Right of Withdrawal

For residents of Europe, you have the right to withdraw your order without giving any reason within 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the goods purchased (or last good or piece if it relates to goods or multiple pieces delivered separately) or from the day of the conclusion of the contract, in the case of services or digital content not supplied in a tangible medium.

You must inform us of your decision to withdraw your order by emailing us at hello@fromourplace.co.uk. We will communicate to you confirmation of receipt by e-mail and an authorization to proceed. To meet the withdrawal deadline, it is sufficient for you to send your communication before the 14 days’ withdrawal period has expired and return the item. For additional information on the scope, content, and instructions for the exercise of your right to withdraw, please contact us. Failure to follow these notification requirements will result in your request being denied.

If you withdraw your order, we will reimburse all payments received from you for the goods purchased and will also reimburse delivery charges for the least expensive type of delivery offered by us. This reimbursement will be made without undue delay and, except in the situations described below, by no later than 14 days from the day on which we received your communication on the withdrawal of the order. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back, or you have supplied evidence of having sent back the goods, whichever is the earliest. Where required by applicable law, if reimbursement occurs after the maximum time period mentioned above, the amount due to you will as of right be increased. Note that you must send back the goods without undue delay and in any case by no later than 14 days from the day on which you communicate your withdrawal. You will have to bear the direct cost of returning the goods, unless otherwise provided in applicable law. You will only have to pay compensation for any deterioration of the goods if the value of the goods diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).

End of the Notice of your Right of Withdrawal

At our discretion, longer return periods may be available as communicated to you via the website or in other communications from time to time. Please see our general return policy located here.

The right of withdrawal does not apply to: (i) the delivery of products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparably mixed with other items; (ii) the supply of goods made to your specifications or clearly personalized; (iii) the supply of goods which may deteriorate or expire rapidly; (iv) a service if we have fully performed it and you accepted when you placed your order that we could start to deliver it, and that you could not withdraw it once delivery had started; and (v) the supply of digital content which is not supplied on a tangible medium if you accepted when you placed your order that we could start to deliver it, and that you could not withdraw it once delivery had started.

You hereby agree that Our Place shall commence implementing the order before the end of the withdrawal period set forth above. You acknowledge that by giving this consent you will lose the right to withdraw from the order once Our Place has commenced implementing the order. Where you nonetheless withdraw from an order involving Experiences, you shall compensate Our Place for the value of such Services provided until the withdrawal takes effect.

7.12. Returns and Exchanges. Unless otherwise stated in the Our Place store (e.g., marked as “Final Sale”), you can return or exchange a Product in accordance with the terms of the return policy as posted on the website here. All gift card sales are final. We monitor returns activity for abuse and reserve the right to limit returns or exchanges in all instances. We are not able to offer returns or exchanges on behalf of our retail partners. If you purchase from a partner of ours be sure to review their return policy as it might differ from ours. Replacement of Products is subject to availability and may be replaced with a Product of similar kind, in Our Place’s sole discretion.

 

For consumers outside of Australia: You have legal rights in relation to Products that are not as described, not of satisfactory quality, or otherwise not fit for purpose. If you believe that any Products that you have ordered do not conform with these Terms, please contact our Customer Support Team at hello@fromourplace.co.uk to request a replacement or refund. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office. If you wish to exercise such rights, you must return the Products to us.

 

For Australian consumers: Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms is intended to have the effect of excluding any Consumer Guarantees (as that term is defined in the Australian Consumer Law) or another other applicable laws that cannot be excluded, restricted or modified by agreement of the parties (“Non-Excludable Rights”).

 

Your Non-Excludable Rights include:

  • Where there is a major problem with a Product, your choice of a refund or a replacement;
  • Where there is a major problem with a Service, your choice of cancelling the Service and receiving a refund for any part of the Services not provided or paying a lower price for the Service, taking the major problem into account;
  • Where there is a minor problem with a Product, you are entitled to a repair of the Product for free. We may also, at our sole discretion, provide you with a refund or replacement of the Product instead; and
  • Where there is a minor problem with a Service, you are entitled to have us fix the problem with the Service, for free.

 

If you believe that any Products or Services do not conform with any Non-Excludable Rights, please contact our Customer Support Team at hello@fromourplace.co.uk. Any refunds issues pursuant to these rights will exclude the original shipping fees, if any.

 

7.13. Third Party Products. From time to time, we may offer for sale Products manufactured, distributed, created, produced or otherwise provided to Our Place by third parties (“Third Party Products”). When you purchase a Third Party Product, you do so at your own risk. To the extent permitted by applicable law, Our Place has no control over, and assumes no responsibility or liability for, Third Party Products. This section does not apply in relation to Third Party Products purchased by Australian consumers.

 

7.14. Gift cards. If you purchase a gift card for yourself or someone else through the Services, your purchase will be subject to our Gift Card Terms. Our Place’s Gift Card Terms are incorporated by reference into, and made a part of, these Terms.

 

7.15. Referral Program. Our Place may, from time to time, offer our customers and users the opportunity to receive rewards toward future purchases from the Our Place website by referring other people. You acknowledge that you have read and understood the Our Place Refer a Friend Terms for information related to the referral program.

 

7.16. Corporate Gifting. If you purchase corporate gifts through the Services, it is your responsibility, and not Our Place’s, to ensure that your corporate gifting complies with all applicable laws and corporate policies.

 

  1. Loyalty Programs

We may offer loyalty programs from time to time (“Loyalty Programs”). You will be provided with specific terms in connection with such Loyalty Programs, and your participation in Loyalty Programs will be subject to such terms. If you participate in our Dirty Dishes Loyalty Program, your participation is subject to our Dirty Dishes Loyalty Program Terms. To participate in Loyalty Programs, you may be required to create an account on the Services or to provide contact or other information about yourself. You may also be required to make a certain number of purchases or total amount of purchases to participate. We retain the right to revise our Loyalty Program terms at any time, in our sole discretion, and will provide notice of such changes in accordance with applicable law. Subject to applicable law, we reserve the right to terminate your participation in Loyalty Programs if you no longer meet the applicable terms.

 

  1. Privacy

For information about our data practices, including our collection and use of your information, please see our Privacy Policy. For more information about the cookies on our site, please see our Cookie Policy. By using the Services, you acknowledge and agree to our Privacy Policy and Cookie Policy, each of which is incorporated by reference into these Terms.

 

  1. Links to Other Websites.

The Sites may contain links or references to other websites outside of our control. You acknowledge and agree that Our Place does not warrant, endorse, guarantee, or assume responsibility for (i) the availability, terms or practices of such websites, resources or services, or (ii) the content, products or services available on or through such websites, resources or services, including that any information provided is complete, accurate or up-to-date. Links to such websites, resources or services do not imply any endorsement by Our Place of such websites, resources or services or the content, products or services available on or through such websites, resources or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources or services or the content, products or services available on or through such websites or services. Our Place will not be liable for the offensive or illegal conduct of any third party. You voluntarily assume the risk of harm or damage from the foregoing. 

  1. Warranties and Liability

11.1 For consumers outside Australia

THE LAWS OF SOME COUNTRIES DO NOT ALLOW SOME OR ALL OF THE LIMITATIONS DESCRIBED BELOW. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE HELD RESPONSIBLE FOR ANY FAILURE OR DELAY TO COMPLY WITH OUR OBLIGATIONS UNDER THESE TERMS IF THE FAILURE OR DELAY ARISES FROM ANY CAUSE WHICH IS BEYOND OUR REASONABLE CONTROL.

WE WILL MAKE REASONABLE EFFORTS TO ENSURE THAT AVAILABILITY OF THE SERVICES WILL BE UNINTERRUPTED AND THAT TRANSMISSIONS WILL BE ERROR-FREE. HOWEVER, DUE TO THE NATURE OF THE INTERNET, THIS CANNOT BE GUARANTEED. ALSO, YOUR ACCESS TO THE SERVICES MAY BE OCCASIONALLY SUSPENDED OR RESTRICTED TO ALLOW FOR REPAIRS, MAINTENANCE, OR THE DEVELOPMENT OF NEW SERVICES.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE FOR (I) LOSSES THAT WERE NOT CAUSED BY ANY BREACH ON OUR PART, OR (II) ANY BUSINESS LOSS (INCLUDING LOSS OF PROFITS, REVENUE, CONTRACTS, ANTICIPATED SAVINGS, DATA, GOODWILL OR WASTED EXPENDITURE), OR (III) ANY INDIRECT OR CONSEQUENTIAL LOSSES THAT WERE NOT FORESEEABLE TO BOTH YOU AND US WHEN YOU COMMENCED USING THE SERVICES. Loss or damage is foreseeable if it is obvious that it will happen, or if, at the time the contract was made, both we and you knew it might happen. We only supply the Products for domestic and private use. To the extent permitted by law, if you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit (direct or indirect), loss of business, business interruption, or loss of business opportunity.

 

To the maximum extent permitted by applicable law, our total liability to you for any loss or damage arising out of or in connection with the Terms or your order of Products from the Site, whether in contract, tort (including negligence) or otherwise shall be limited in respect of each claim to the purchase price of your order.

 

If you participate in an in-person or online Our Place experience (e.g., a cooking class or demonstration) (“Experience”), you expressly acknowledge that such Experience may involve risks such as physical injury or negative health impacts (e.g., food allergies). You expressly assume these risks if you participate in an Experience and acknowledge that you voluntarily choose to participate despite such risks. You further waive and release Our Place and its Representatives (to the maximum extent permitted by applicable law (including in Australia any Non-Excludable Rights)), from any and all liability, claims, costs, and expenses of any kind and of whatever nature which may later accrue, caused by or arising directly or indirectly from your participation in an Experience, including, without limitation, any injuries suffered while participating in an Experience or practicing what you learned through Experiences on your own time, any injuries to other persons, and any property damage that may occur as a result of my engaging in an Experience, unless resulting from Our Place's negligence or willful misconduct.

 

NOTHING IN THESE CONDITIONS LIMITS OR EXCLUDES OUR RESPONSIBILITY FOR FRAUDULENT REPRESENTATIONS MADE BY US OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR WILLFUL MISCONDUCT OR FOR ANY OTHER LIABILITY THAT, BY APPLICABLE LAW, MAY NOT BE LIMITED OR EXCLUDED OR FOR BREACH OF YOUR LEGAL RIGHTS WITH RESPECT TO THE PRODUCTS SUCH AS FOR DEFECTIVE PRODUCTS UNDER ANY LOCAL LAWS, INCLUDING THE UK CONSUMER PROTECTION ACT.

 

11.2 For Australian consumers

 

Nothing in these terms is intended to have the effect of excluding Non-Excludable Rights. Australian consumers should note this clause will not limit their rights under clause 7.12.

Subject to your Non-Excludable Rights, and to the extent permitted by law:

 

  1. each party excludes all liability to the other for any consequential loss;
  2. all conditions, implied terms and warranties, whether statutory or otherwise, are excluded in relation to the Products and Services; and
  3. Our Place's liability for any loss, including for breaches of Non-Excludable Rights, to the extent permitted by law, is limited to (i) in the case of Products: (a) the replacement of the Products or the supply of equivalent Products or (b) the payment of the cost of replacing the Products or of acquiring equivalent Products; and (ii) in the case of Services: the supplying of the Services again or the payment of the cost of having the Services supplied again; and

Subject to clause 11.2(c), each party's liability for any loss arising under these Terms is limited to the total value of the Products supplied under these Terms.

 

  1. Modification and termination

12.1 Modification of Services and Prices. Except where not permitted by applicable local legal requirements (including in Australia any Non-Excludable Rights), Our Place reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), including the Products and their prices, with or without notice. Where you have already paid for any Services that are subsequently modified or cancelled you will be refunded accordingly. Our Place shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

 

12.2 Termination. We may, in our sole and absolute discretion, terminate, suspend, or otherwise deny your access to all or part of the Services at any time for any or no reason at all, with or without notice to you. Where you have already paid for any Services and we subsequently terminate your access under this clause you will be refunded accordingly. If we terminate your right to access the Services, these Terms will terminate and all rights you have to access the Services will immediately terminate; however, certain provisions of these Terms will still apply post termination, including without limitation, Section 11. Termination of your use or access to the Services may also include, at Our Place’s sole discretion, the deletion of your account and/or User Content, and you will not be able to retrieve any information related to your account except as required by applicable law. You agree that if your use of the Services is terminated pursuant to these Terms, you will not attempt to use the Services under any name, real or assumed.

 

12.3. Breach of the Terms. If we become aware of any possible violations of the Terms, or if we determine that you have breached any portion of the Terms, we reserve the right to (without limitation) also: refer the matter to and cooperate with any and all applicable legal authorities; disclose any information to law enforcement authorities as we reasonably feel is necessary and/or in order to comply with applicable law, legal processes or governmental requests; issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs); issue a warning to you; investigate your behavior; and temporarily or permanently deactivate or suspend access to your Account or your right to use the Site. Except in relation to Australian consumers:

  • We exclude our liability for all action we may take in response to breaches of these Terms.
  • The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

 

  1. Text Messaging

If we conduct marketing in your jurisdiction using SMS messages, and you consent to receive repeat automated promotional and personalized marketing text (e.g. SMS and MMS) from Our Place and those acting on our behalf at the phone number you provide, these text messaging terms apply. These messages may include operational messages about your use of the Services, as well as marketing or other promotional messages.

 

You may opt-out of receiving marketing text messages at any time by texting STOP to any text message from us or sending an email to hello@fromourplace.co.uk, indicating that you no longer wish to receive marketing texts along with the phone number of the mobile device receiving the messages. You may continue to receive text messages for a short period while we process your request, and you may also receive text messages confirming the receipt of your opt-out request. You acknowledge that our text messaging platform may not recognize and respond to unsubscribe requests that do not include the “STOP” keyword command and agree that Our Place and its service providers will have no liability for failing to honor such requests. If you do not want to receive operational text messages from us, do not use the Services. If you unsubscribe from one of our text message programs, you further acknowledge that you may continue to receive text messages from Our Place through our other text message programs you may have joined until you separately unsubscribe from those programs. For example, if you unsubscribe from receiving promotional and marketing text messages, you may still receive text messages about your account or orders for transactional, operational, or informational purposes unless you unsubscribe from those text messages as described above, and even in such event you may still receive individual texts from our third-party delivery partners to enable successful delivery of your order. Text the keyword HELP to our shortcode to return customer care contact information.

 

Your agreement to receive marketing texts is not a condition of any purchase or use of the Services. Data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your mobile network operator for details. Message frequency may vary. Our Place reserves the right to change the short code or phone number from which messages are sent, and we will notify you when we do so.

 

  1. Controlling law

These Terms and their subject matter, and any actions relating thereto, shall be construed in accordance with and governed by the laws of England. You and we both agree, to the extent legally permissible, that the courts of England and Wales will have exclusive jurisdiction expect that if you are a resident of Norther Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

 

Notwithstanding the above, if you are a consumer and resident of a European country or Australia, you will benefit from any applicable mandatory provisions of, and legal rights available to you under, the laws of that country. Nothing in these Terms affects your rights as a consumer to rely on any such applicable local law mandatory provisions and legal rights (including in Australia any Non-Excludable Rights).

 

The parties agree that most disputes can be resolved without resorting to formal legal action. Therefore, before taking any formal action, you agree to contact us at ATTN: Legal, 3924 Tuller Avenue, Culver City, CA 90230, or legal@fromourplace.com, and provide your name, a brief, written description of the dispute, your contact information and a description of the specific relief you seek. Before we take any formal action against you, we will notify you via the contact information we have on file associated with your account/purchase with a brief description of the dispute and next steps. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with each other, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

 

Our Place is neither obliged nor willing to participate in European Commission dispute resolution proceedings or in dispute resolution proceedings before any other consumer arbitration board.

 

  1. General terms

15.1. Force majeure. Under no circumstances will Our Place or you be liable for any delay or failure in performance (other than the performance of an obligation to pay money) resulting directly or indirectly from an event beyond their reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of transportation facilities or other supply chain shortages, fuel, energy, labor or materials, fires, floods, storms, customs clearance procedures, explosions, acts of God, pandemics, epidemics, war (whether or not declared), acts of civil or military authorities, orders of domestic or foreign courts or tribunals or non-performance of third parties.

 

15.2 No waiver. If either party fails to insist that the other party perform any obligations under these Terms, or if either party does not enforce their rights against the other party, or if they delay in doing so, that will not mean that they have waived such rights and will not mean that the other party does not have to comply with their obligations. If either party does waive a failure or breach by the other party, it will only do so in writing and it will not mean that that party automatically waives any future failure of breach by the other party.

 

15.3 Severability. Each of the provisions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect and the impacted provision will be limited to the minimum extent necessary.

 

15.4 Third-party beneficiaries. Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

 

15.5 Entire agreement. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and Our Place, and supersede any prior and contemporaneous agreements between you and Our Place on the subject matter, except as expressly provided herein. These Terms supersede any terms and conditions which you include in any purchase order, confirmation of order or other document.

 

15.6 Assignment. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by Our Place without restriction, but this will not affect your rights or obligations. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. 

 

15.7 Modification. Any variation of these Terms will be binding on us only if agreed in writing by you and an authorized representative of Our Place.

 

15.8 No agency. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms, and you shall have no right or authority to assume or create any obligations or to make any representations on behalf of Our Place, or to bind Our Place in any respect.

 

15.9 Headings. Headings and subheadings in these Terms are for convenience only and have no legal or contractual effect.

 

15.10 Survival. Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive.

 

15.11 Notices. We may deliver notice to you by email listed on your account or order, posting a notice on the Services, or any other method we choose and such notice will be effective on dispatch. In the event that the last e-mail address you provided to Our Place is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, you agree that Our Place’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. If you give notice to us, it will be effective when received by us at 3924 Tuller Avenue, Culver City, CA 90230, or legal@fromourplace.com.

 

15.12 Languages. The official language of these Terms exclusively shall be, and all communications and agreements between Our Place and you and any proceedings in connection with these Terms and/or your use of the Services, exclusively shall be made in the English language. Our Place and you waive any rights we may have under any other laws to have these Terms written in another language, and any translation of these Terms will be for convenience only.

 

  1. Copyright Policy

If you believe any content posted or made available on the Services constitutes infringement of your copyright rights, you may send a written notice of infringement to Our Place’s designated Copyright Agent using the contact information listed below. In your notice, please specify the nature of the copyright infringement and include the following information: (a) your full name; (b) the name of the copyright owner; (c) your email address; (d) your relationship to the copyright owner; (e) evidence of rights and authorization; (e) a declaration that the information you are providing in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner; (f) your electronic signature (which can be in the form of your full name in writing following your declaration).

 

Deliver the notice, with all items completed, to Our Place’s Designated Copyright Agent: Our Place, 3924 Tuller Avenue, Culver City, CA 90230, Attn: Legal or

copyright@fromourplace.com

 

Your request will be reviewed for accuracy, validity, and completeness and if your request meets these requirements, we'll send you instructions on how you can send us the reference files of your copyrighted works. We will only move forward with your request where it is appropriate and possible for us to do so.

 

You must provide us with evidence that you are either the copyright owner or are authorized to make this request on behalf of the copyright owner. Acceptable evidence may include a registration certificate, a license agreement, a power of attorney, a signed letter with your organization’s letterhead and / or other relevant materials, documents or statements that demonstrate that you are the copyright owner or have been authorized by the copyright owner to make this request. If you do not have these documents, then you can provide a signed statement defining your relationship to the copyright owner.

 

Applicable law provides for user exceptions and limitations to copyright, including use for quotation, criticism, review and use for the purpose of caricature, parody, or pastiche. Some countries may provide additional exceptions or limitations.

 

If you receive a copyright infringement notification and believe that you have the right to post the content in question, please submit the following information to our Copyright Agent: (1) your full contact details including name, address, phone number, and email address; (2) your relationship to the copyright owner; (3) details of the content in question; (4) why you believe the content is non-infringing along with any relevant evidence; (5) a declaration that you have a good faith belief that the content should not be removed. We may forward your counter-notification to the original filing party and take steps to investigate the claims in accordance with applicable law.

 

Please note that in accordance with its legal obligations we provide to users and rightholders this copyright infringement dispute resolution mechanism, however users remain free to assert their rights in court.

 

17. Contact us

 

If you have any questions about these Terms, please contact us at: hello@fromourplace.co.uk.