TERMS & CONDITIONS
1. ABOUT US
1.1 The Site is operated by Cultrite LLC, a Florida registered limited liability company.
1.2 The services we offer through our Site allow you to search for and purchase products from third party retailers (“Brands“) that are listed on our Site (the “Services”).
2. OUR SERVICES
2.1 The contract for the purchase of the products will always be between you and the relevant Brand. We are acting as agent on behalf of the Brands, which are the principals, and you are not purchasing the products directly from us. This means that it is the Brand (and not us) who is legally responsible for selling any products to you.
2.2 We are authorised by the relevant Brands to conclude contracts on their behalf, provide customer service assistance and process payments, but we would never be a party to your contract with the relevant Brand.
2.3 When purchasing goods from a Brand, your contract with the Brand will incorporate the e-mail confirmation of your order, the applicable details on the product page in relation to the order and these Terms, and you agree to be bound by all such provisions. You should carefully review the e-mail confirmation of your order, the applicable details on the product page in relation to the order and these Terms to ensure that you are familiar with the terms of your contract with the Brand.
2.4 If there is any conflict or inconsistency between these Terms and the email confirmation of your order or the applicable details on the product page, these Terms shall prevail to the extent of the conflict or inconsistency.
2.5 Please note that you must be 18 years or older to purchase products from the Site. By placing an order for products on the Site, you confirm and warrant that you are aged 18 years or older.
3. THE SITE
- While we try to make sure that the Site is available for your use, we do not guarantee that the Site will be available at all times nor do we guarantee the uninterrupted use by you of the Site.
- We reserve the right to withdraw or amend the Services through the Site without notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period.
- Whilst we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot guarantee that it will be at all times.
3.2 Accuracy of Information
- The products displayed through our Site are presented with every effort to be as accurate as possible. As the descriptions and images are based on information provided to us by the Brands (who remain responsible for them), we cannot guarantee that all details are at all times accurate, complete or error free.
- Additionally, as some of the items are hand-made and sourced from natural or recycled sources, some variations may occur between each item and between the items received and any photos on our Site. We hope you understand that this adds to the character and uniqueness of the products.
- If you would like more information about a product please contact us by e-mailing firstname.lastname@example.org.
3.3 Hyperlinks and third party sites
The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained on them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
We reserve the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because, by visiting the Site, you agree to accept any such changes. CultRite provides you with access to and use of the Site subject to your compliance with the Terms.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 All copyright, trade marks, domain names, design rights, database rights, patents and other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world) in and on the Site including all content and applications located on the Site are owned by, or licensed to, us.
4.2 You must not extract or otherwise use any of the content on the Site and/or Services for commercial purposes without obtaining a license to do so from us or our licensors.
4.3 If you are aware that any of your intellectual property rights have been infringed on the Site, please contact our contact us by e-mailing email@example.com to report the concern.
5. PERSONAL DATA
6.1 Whilst we use best efforts to vet our Brands and encourage them to meet our ethos and standards, we do not receive or have control over the products you order and, therefore, we are not responsible in any way for the listings on our Site and the products provided by Brands. We do not provide any warranties or undertakings that the products you purchase from the Brands through the Site will be of satisfactory quality, meet the description on the Site or are fit for purpose. We exclude these warranties, and all other such warranties (whether express or implied), to the fullest extent permitted by law.
6.2 Subject to paragraphs 6.3 and 6.4 below, we shall only be liable to you in relation to the Services:
- if we have breached a provision of these Terms; and
- for losses or damages that you incur which were a foreseeable result of our breach of these Terms. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by both you and us at the time you started using the Services.
6.3 The extent of our liability under these Terms (regardless of whether such liability arises in contract, tort (including negligence), breach of statutory duty, or otherwise) shall be limited as follows:
- we shall not responsible for any loss or damage that is not a foreseeable result of our breach of these Terms;
- we shall not be liable for any consequential, indirect or special losses;
- regardless of whether considered direct or indirect losses, we shall not be liable for any loss of profit, loss of use, loss of business, loss of opportunity, loss of production, loss or corruption of data, loss of savings, discount or debate (whether actual or anticipated) or harm to reputation or loss of goodwill;
- we shall not be liable for your use of, or inability to use, our Site or your reliance on any content displayed on our Site; and
- our total liability for each claim shall not exceed [the purchase price of the product in question].
6.4 We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any other liability which cannot be limited by law.
7. FORCE MAJEURE
7.1 If we are prevented from performing the Services, or a Brand is prevented from or delayed in carrying out its obligations under a contract with you, as a result of circumstances beyond our or the Brand’s reasonable control including, without limitation, natural disasters, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Brand’s workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials, then performance of our obligations or the Brand’s obligations (as the case may be) shall be postponed for the period of time that such circumstances continue.
7.2 We will endeavour to keep you fully up to date with such circumstances and informed of any issues with the performance of ours or the Brand’s obligations.
7.3 In respect of a sale of a product, if it looks like the Brand will not be able to resume performing the obligations within a reasonable amount of time, the Brand shall have the right to cancel the order and, to the extent that any money has already been taken, procure that you are provided with a full refund for the part of the order which cannot be fulfilled.
8. PURCHASE & PAYMENT INFORMATION
8.2 Once you place an order you will receive an order acknowledgement email from us detailing the product(s) that you have requested to order. This is not an acceptance of your order, nor is this a confirmation of any contract between you and the Brand.
8.3 We will then immediately notify the Brand of the requested order and, as soon as the Brand accepts the order, we will send you an acceptance e-mail confirming your order (the “Order Confirmation”). We will try to send you an Order Confirmation within three working days of you placing your order.
8.4 The Order Confirmation will contain details of the products that have been ordered; the personal data that was provided by you for the order (such as your billing details and the name, address and contact details of the delivery recipient) and the estimated date of delivery which we attempt to ensure conforms to the estimated date of delivery for the product(s) on the Site.
8.5 Upon sending you the Order Confirmation
We are not responsible for any damages which you, or others, may suffer as a result of the loss of confidentiality of such information.
- a binding contract will be formed between you and the relevant Brand for the purchase of the product(s); and
- we will process the payment for the product(s).
8.6 If, following the Order Confirmation and process of your payment, the product is no longer available we shall refund any payment taken from you using the credit or debit card you used to pay for the product.
8.7 If we are unable to accept your order, we will inform you of this by email and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which CultRite’s brands could not reasonably plan for, inability to obtain authorisation for payment, because we have identified an error in the price or description of the product, the item has been withdrawn or because we are unable to meet a delivery deadline you have specified.
8.8 Following the Order Confirmation, once the products have been dispatched, we will send you confirmation of shipping and any associated tracking numbers as soon as possible.
8.9 Purchases of goods you make with Brands may only be paid for using the payment methods we make available from time to time through our payment facility on our Site or by redeeming an email gift voucher to put towards your purchase of goods on the Site. Please note that we act in the capacity of the Brand’s commercial agent. Therefore you can rest assured, and we warrant to you, that once you have made a valid payment to us in full for the product(s) you are purchasing, this will fully satisfy your obligation to pay for the relevant product(s) and, consequently, you shall not owe any further amount directly to the Brand for such product(s).
8.10 All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location, but delivery charges will vary depending on the destination to which you choose to have the product(s) delivered.
9. SHIPPING & DELIVERY INFORMATION
9.1 We are an intermediary – a market place offering a platform to purchase our Brands’ goods, therefore shipping costs will vary depending on the size, weight and destination of your chosen item(s).
9.2 All shipping costs and delivery times are determined by the Brands for their products and these are displayed clearly to you on the relevant product page of our Site before completing your purchase. Please note that delivery costs may occasionally be included within the purchase price and we will specify where this is the case.
9.3 Exact delivery times for a particular product will be confirmed to you once an Order Confirmation e-mail has been sent to you and the products have been dispatched. We aim to ensure that such delivery times are no longer than the times estimated on the relevant product page of our Site.
9.4 However, please note that an international order might have to go through customs processing which may cause delays in delivery that are outside of our control. Whilst we will use reasonable efforts to work with Brands to ensure that delays are kept to a minimum, neither CultRite nor the Brands will be responsible for delays caused by customs controls.
9.5 Additionally, customs may charge duty on products imported into your country. The Brands are aware of this and will endeavour to pre-pay any customs charges on delivery. Therefore, we hope there should be no further charges for you to pay to accept delivery of your order. However, please note that neither CultRite nor the Brands will be responsible for any additional customs charges that your country may impose on the import of your order. This shall be the sole responsibility of the Customer.
9.6 We are not responsible for how the product(s) are packaged and presented on delivery, this is the responsibility of the Brand.
Any failure by us to insist upon strict performance of any of your obligations under these Terms, or any failure to exercise any of our rights or remedies under these Terms, shall not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing. Any waiver by us of any default shall not constitute a waiver of any subsequent default.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
11.3 Entire agreement
These Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or any documents expressly referred to in them.
11.4 Right of Third Parties
No provision of these Terms shall be enforceable by any third party (which includes for these purposes any employee, officer, agent, representative or sub-contractor of either Cultrite LLC or CultRite or the Brands) under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Nothing in this clause excludes the rights of Cultrite when acting as commercial agent of any Brand.
12. LAW AND JURISDICTION
This Agreement shall be construed and enforced in accordance with the laws of the State of Florida.