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Yolö Creative Limited: Terms and Conditions

  1. These terms
    1. These are the terms and conditions (these terms) on which we supply products to you, whether these are goods or software. Please read these terms carefully before you submit your order to us.
    2. If you are a business customer, these terms, together with the information set out in the order process and confirmed to you by e-mail, constitute the entire agreement between us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
  2. Information about us and how to contact us
    1. We are Yolö Creative Limited, a company registered in England and Wales. Our company registration number is 08841136 and our registered office is at The Tall House, 29a West Street, Marlow, Buckinghamshire SL7 2LS. Our registered VAT number is 825 5217 36.
    2. You can contact us by telephoning us on +44 (0) 2082 400 658, e-mailing us at hello@yolo.co.uk or writing to us at Yolö Creative Limited, Unit A3B, Rose Business Estate, Marlow Bottom, Buckinghamshire SL7 3ND.
  3. Our contract with you
    1. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
    2. If we are unable to accept your order for any reason, we will inform you of this and will not charge you for the product.
    3. We reserve the right to decline any orders from outside the United Kingdom.
  4. Our right to make changes
    1. The images of the products on our website are for illustrative purposes only. Where a product is a tool, we may display a picture of the item it creates rather than the product itself, for example. In addition, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
    2. Although we will try to meet your exact order requirements, some products may be delivered in slightly different sizes or quantities than ordered, depending on the item, the overall quantity and its method of supply, as some are measured and cut to order by hand at our premises.
    3. If we are making the product to measurements you have given us, you are responsible for ensuring that these measurements are correct.
    4. The packaging of the product may vary from that shown in images on our website or the website may not display the packaging.
    5. The products delivered may also be slightly different from those shown on the website due to changes in relevant laws and regulatory requirements, minor technical adjustments and improvements, where these changes will not affect the common use of the product.
    6. We may update (or require you to update) software, provided that it shall always match the description that we provided to you before you ordered it.
  5. Delivery
    1. The costs of delivery will be as displayed on our website when the order is placed.
    2. We aim to dispatch goods ordered before 12 noon on the same day and those ordered after 12 noon, the next working day (although this is not always feasible and we do not guarantee this) and we use a next working day delivery service. We will notify you in writing of our estimated delivery date.
    3. Software codes (known as licence keys) are emailed to you soon after acceptance of your order, for you to access the software directly online.
    4. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but do not receive.
    5. If the products are taken to your delivery address but nobody is available at your address to take delivery and the products cannot be posted through your letterbox, the delivery company should contact you to rearrange delivery or collection of the products from a local depot.
    6. If the delivery company returns the products to us following a failed attempt to deliver them to you, we will contact you for further instructions and will charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or successfully deliver the products, we may end the contract and clause 9.2 will apply with the exception that you will be charged for the cost of all attempted deliveries.
    7. The product will be your responsibility from the time we deliver it to the address you gave us and you will own it on the later of delivery and payment in full.
  6. Your right to end the contract
    1. If you are cancelling the order because we have warned you about a significant delay due to events outside our control or you have a legal right to end the contract because of something we have done wrong, the contract will end immediately and we will refund you in full for any products which have not been provided.
    2. If you are a consumer then for most products bought online, you have a legal right to change your mind within 14 days from delivery and clause 7 will apply.
    3. Your right as a consumer to change your mind does not apply in respect of software after you have received the licence key or any products which become mixed inseparably with other items after their delivery.
    4. Subject to clause 6.6, if you are a consumer buying:
      1. goods, you have 14 days after the day you (or someone you nominate) receives the goods to cancel the order, unless your goods are split into several deliveries over different days, in which case you have until 14 days after the day you (or someone you nominate) receive the last delivery;
      2. a software licence key, you have 14 days after the day we email you to confirm we accept your order to cancel it, or, if earlier, until you receive the licenced key. If we delivered the software licence key to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
    5. Subject to clause 6.6, if you are a business, you can still end the contract either:
      1. for goods:
        1. before the goods have been dispatched, in which case we will not charge you;
        2. after the goods have been dispatched, if you return them to us in resaleable condition in accordance with clause 7 within 14 days after delivery, in which case we shall refund you for the cost of the product but charge you for any costs we incur in delivering the products to you or in returning them to us, if we agree to arrange this for you;
      2. for software, before we e-mail you the licence key.
    6. Your right (whether as a consumer or business) to change your mind and end the contract does not apply in respect of:
      1. software after you have started to download or stream these;
      2. goods that are made to your specifications or are clearly personalised;
      3. products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; or
      4. any products which become mixed inseparably with other items after their delivery.
  7. How to end the contract with us
    1. To end the contract with us, please:
      1. call us on +44 (0) 2082 400 658 or email us at hello@yolo.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address;
      2. complete the Cancellation Form at the end of these terms and email or post it to us at the address on the form; or
      3. write to us at Yolö Creative Limited, Unit A3B, Rose Business Estate, Marlow Bottom, Buckinghamshire SL7 3ND, including details of what you bought, when you ordered or received it and your name and address.
    2. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us at Yolö Creative Limited, Unit A3B, Rose Business Estate, Marlow Bottom, Buckinghamshire SL7 3ND. If you are a consumer exercising your right to change your mind you must send us the products within 14 days of telling us you wish to end the contract.
  8. Refunds
    1. If you are a consumer and you cancel your order under clause 6.4, we shall refund you:
      1. the cost of the products, subject to clause 8.5; and
      2. the cost of the initial delivery to you, subject to clause 8.6.
    2. If you are a business and you cancel your order under clause 6.5, or you are a consumer and you cancel your order other than under clause 6.4, we shall refund you the cost of the products, subject to clause 8.2, but no delivery or return costs, subject to clause 8.3.
    3. We will reimburse you (but not pay in advance) for the costs of return (on the basis set out in clause 8.5) if the products are faulty or misdescribed (which shall be assessed by us on return of the products) or if you are ending the contract because we have told you of a substantial delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
    4. We may reduce your refund of the purchase price to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
    5. We shall only refund you:
      1. under clause 8.1.2 for the cost of economy delivery, even if you elected for standard or premium delivery;
      2. under clause 8.3 for the cost of return of products (where applicable) for the cost of our economy delivery, regardless of whether you use a more expensive method of return.
    6. The relevant refund will be made within 14 days from the day on which we receive the product back from you or, if earlier and you are a consumer cancelling your order under clause 6.4, the day on which you provide us with evidence that you have sent the product back to us.
  9. Our rights to end the contract
    1. We may end the contract at any time by writing to you if you do not make a payment to us when it is due and you still do not make payment within seven days of us reminding you that payment is due or you do not, within a reasonable time, accept delivery.
    2. We will then refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
  10. Your rights in respect of defective products if you are a consumer
    1. If you are a consumer we are under a legal duty to supply products that are in conformity with this contract.
    2. We will not be liable for a product's defect if the defect arises:
      1. because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product;
      2. as a result of us following any drawing, design or specification supplied by you; or
      3. as a result of fair wear and tear, damage, negligence, or abnormal working conditions.
    3. If you wish to reject defective products, you must send them back to us. If we agree that the product is defective, we will reimburse you for the reasonable costs of postage, on the basis set out in clauses 8.3 and 8.5.
  11. Your rights in respect of defective products if you are a business
    1. If you are a business customer, we warrant that on delivery, and for a period of six months from the date of delivery (warranty period), subject to clause 11.3, any goods products shall conform in all material respects with their description and be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
    2. Subject to clause 11.3, if:
      1. you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty set out in clause 11.1;
      2. we are given a reasonable opportunity of examining such product and as a result, we agree that the product is defective; and
      3. you return such product to us at your cost,

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

    1. We will not be liable for a product's failure to comply with the warranty in clause 11.1 if:
      1. you make any further use of such product after giving a notice in accordance with clause 11.2.1;
      2. the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or good trade practice;
      3. the defect arises as a result of us following any drawing, design or specification supplied by you;
      4. you alter or repair the product without our written consent; or
      5. the defect arises as a result of fair wear and tear, damage, negligence, or abnormal working conditions.
    2. Except as provided in this clause 11, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 11.1.
    3. These terms shall apply to any repaired or replacement products supplied by us under clause 11.2.
  1. Price and payment
    1. The price of the product (including VAT) will be the price indicated on the order pages when you placed your order.
    2. Payment must be taken at the time the order is placed, unless the product is being ordered for use in a school, in which case payment is due within 30 days of the date of the invoice.
    3. We only accept payments by Visa, Mastercard and Paypal.
    4. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
  2. Our responsibility for loss or damage suffered by you if you are a consumer
    1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    2. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, fraud or fraudulent misrepresentation, failure to provide products or software which are as described, of satisfactory quality and fit for any particular purpose known to us or defective products under the Consumer Protection Act 1987.
    3. If defective software which we have supplied damages a device or other software belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
    4. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose, our liability to you will be limited as set out in clause 14.
  3. Our responsibility for loss or damage suffered by you if you are a business
    1. Nothing in these terms shall limit or exclude our liability for:
      1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
      2. fraud or fraudulent misrepresentation;
      3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
      4. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
    2. Except to the extent expressly stated in clause 11.1, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
    3. Subject to clause 14.1:
      1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:
        1. loss of profit (whether direct or indirect); or
        2. indirect or consequential loss arising under or in connection with the products or these terms or the agreement; and
      2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £500,000.
    4. If defective software which we have supplied damages a device or other software belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
  4. How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

  1. Other important terms
    1. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    2. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    3. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
    4. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
    5. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, we can still enforce the payment at a later date.
    6. These terms are governed by English law and you can only bring legal proceedings in respect of the products in the English courts, unless you are a consumer and live in:
      1. Scotland, in which case you can bring legal proceedings in respect of the products in either the Scottish or the English courts;
      2. Northern Ireland, in which case you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
    7. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

Cancellation Form

Complete and return this form only if you wish to withdraw from the contract

Cancellation Form