Everyday Group Limited General Terms and Conditions
If you have any questions about the T&C, please contact us at firstname.lastname@example.org
Use Of The Site
Harassment in any manner or form on the site, including, but not limited to, via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including Everyday Humans or other contracted employee, host, or representative, as well as other members or visitors on the site is prohibited. While using the site, services, applications and/or tools, you must not post, distribute, or otherwise publish any content or items which is false, inaccurate, misleading, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may violate any laws, third party rights or which may otherwise give rise to any liability, whether civil or criminal.
You must not upload content on the site or use the site to solicit others to join or become members of any other commercial online service provider or other similar organizations. You must not distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; or post viruses or any other technologies that may harm Everyday Humans or its interests. You must not copy, modify or distribute rights or contents from the site, services, applications and/or tools; nor harvest or otherwise collect information about other users or third party on the site
All trademarks, service marks and trade names of Everyday Humans used in the site, services, applications or tools are trademarks or registered trademarks owned by Everyday Humans. You may not assign any of Everyday Humans’ rights to any other party nor grants any of Everyday Humans’ rights to any other third party in respect of such trademarks, service marks and/or trade names. You agree not to display or use in any manner the trademarks or registered trademarks, service marks and/or trade names of Everyday Humans.
All materials, including images, illustrations, designs, icons, photographs, written and other materials that are part of the site are intellectual property owned or controlled by Everyday Humans or of third party. Everyday Humans, or as otherwise stated, has intellectual property rights over all patents, copyrights, trademarks, design rights, database rights, service marks, trade secrets, rights in know-how and confidential information, image rights and any other intellectual property rights (whether registered or unregistered) and all applications for the same.
Without limiting to other remedies, Everyday Humans may, in our sole discretion, limit, suspend or terminate our services towards you, prohibit your access to the site, services, applications and tools, and/or take legal actions to keep you from using the site, services, applications or tools.
Use of User Data
You agree to receive calls, including autodialed and/or pre-recorded message calls that we have collected, including telephone numbers you have provided to us, or that we have obtained from third parties or collected by our own efforts. If the telephone number is capable of receiving sms or other text messages, you consent to receive such sms or text messages.
We may contact you for reasons relating to your use of the site, services, applications or tools, to collect a debt, resolve a dispute or otherwise as required or authorized by applicable laws. We may also contact you for marketing or promotional purposes. We may share your telephone numbers with our service providers who assist us in pursuing our rights or performing our obligations under the T&C. These service providers may also contact you using autodialed and/or pre-recorded message calls. We will not share your telephone number with non-affiliated third parties for their purposes without your explicit consent.
Payment For Products Purchased Through The Site
Method Of Payment
Everyday Humans accepts PayPal Pte. Ltd. (“PayPal”) as a payment services provider and acts as such for the site. You agree to pay all fees incurred in connection with your purchases at the site at the rates in effect when the charges were incurred.
In relation to your use of PayPal, it is governed by the user agreement of PayPal services and you must consider carefully when choosing whether to use the PayPal services. You must be the beneficial owner of your own PayPal account and use it only on behalf of yourself. You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the PayPal services, including, but not limited to, those related to export or import activity, taxes or foreign currency transactions.
When you receive a payment, you are liable to PayPal for the full amount of the payment sent to you plus any fees if the payment is later invalidated for any reason. That means, you will be responsible for the full amount of payment sent by the sender, plus any applicable fees. If you fail to settle the full amount of payment through the PayPal, you agree to pay all unsettled amount in full upon demand by Everyday Humans and/or its agents.
Unless otherwise expressly stated on the site, Everyday Humans does not accept any other method of payment.
It is your responsibility to determine what, if any, taxes apply to the payments you make and it is your responsibility to pay any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes with respect to each of your purchases. Everyday Humans is not responsible for determining whether taxes apply to your transaction or remitting any taxes arising from any transaction. Please note that you may be subject to withholding taxes or other tax liabilities with respect to importing services from a foreign entity. Everyday Humans, in its sole discretion, may charge, deduct, impose reserves and/or withhold on any or all of the payments to cover the amount of your liability on any taxes, duties and/or other tax related deductions.
Unless otherwise stated, all fees are quoted in united states dollars (“US dollars”). All transactions conducted by or with Everyday Humans, including sale of items shown on the site, issuance of gift certificates and/or credit for returned merchandise, are made in US dollars.
Any requests for payment in a currency other than us dollars will be converted to us dollars at the exchange rate determined by PayPal. Please refer to the user agreement of PayPal for details. By proceeding with your authorization of the payment transaction, you are agreeing to the currency conversion on the basis of the exchange rate determined by PayPal. Acceptance of the exchange rate by you is an irrevocable undertaking to complete the transaction. If for whatever reason the transaction cannot be completed in connection with currency conversion, Everyday Humans will not be liable for any fees or charges payable or for any losses incurred as a result of the currency exchange.
The site allows its users an option to view the price of an item in a currency other than us dollars, the “reference currency.” You may select a reference currency from those available on the site. The prices as shown by the reference currency are determined by a currency conversion at a foreign exchange rate available to Everyday Humans regularly based on market conditions. The exchange rate is adjusted regularly and is subject to change without notice. Please note that Everyday Humans makes no representation or warranty that prices shown on the site in a reference currency represent actual prices payable. Everyday Humans accepts no liability for adverse exchange rate and/or its movements on the quoted prices by the reference currency.
Everyday Humans will refund or exchange, at its sole discretion, an item when you return it in its original condition (i.e. unused, in its original packaging and with garment tags) within 14 days of the item being delivered to your nominated address, unless the good is faulty. We cannot refund or exchange personalized perishable or time critical goods. When promotional discounts are applied to an item, in the event of a return, you will not be refunded the discounted proportion. In addition, any complimentary promotional gift given with an order must also be returned if you are returning those goods to which the gift related. We will consider the condition of the goods being returned before deciding whether to make a refund or exchange.
If the good is faulty, defective or incorrect, Everyday Humans will exchange the good with a replacement item. In any event, Everyday Humans does not provide cash refunds.
Please note that your return costs will not be reimbursed and Everyday Humans is not responsible for any item lost or stolen during return shipping. We recommend that you send your return via registered mail or carriers to ensure that the return item reaches us. We will not be held responsible for any lost or damaged return item and we reserve the right to charge you for any such lost or damaged item.
Everyday Humans reserves the right to change our returns policy without prior notice and/or to reject any exchange requests at its sole discretion. Should there be any dispute, Everyday Humans' decision will be final.
No refunds will be made to customers resulting from changes in currency rates.
Product Availability / Information
We feature products on the site that have been carefully selected for sale. Once an item is sold out, it will be taken off the site at the earliest opportunity and may not be available again. Prices of products may change from time to time without prior notice.
All items are subject to availability. As there is a delay between the time when your order is placed and the time when the order is accepted, the stock position relating to particular items may change. If an item you have ordered becomes out of stock before we accept the order we shall notify you as soon as practicable and you will not be charged for the out of stock items. If, due to unforeseeable circumstances or in the event of supply difficulties and it is necessary for Everyday Humans to substitute an item, the item will be of equal value than that which it replaces.
Disclaimer & Limitation Of Liability
You acknowledge that we cannot guarantee the continuous operation of or access to the site, services, applications or tools. You agree that you are using the site, services, applications or tools at your own risk and any materials or products provided on the site are on “as is” basis.
You acknowledge that we make no warranty or representation as to: (i) the accuracy, timeliness, completeness or correctness of any products, services, applications or tools; (ii) the functions contained in, or the results obtained from, any products, services, applications or tools; (iii) any products being secured, uninterrupted or error free, or that all errors in a products, services, applications or tools will be corrected; or (iv) whether any products, services, applications or tools will meet the user’s requirements. Notwithstanding the above, Everyday Humans may modify the description to any materials or products, services, applications or tools at any time (including after you have submitted your order) without prior notice, including modifications to product descriptions, pricing, and availability. Everyday Humans reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled subsequently, Everyday Humans shall issue a credit to your credit card account in the amount of the incorrect price.
We are not liable and you agree not to hold Everyday Humans responsible for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect or consequential damages) resulting directly or indirectly from: your use of the site, services, applications or tools; or damage to your hardware device(s) or loss of data that result from the use of the site, services, applications or tools.
You agree to indemnify, defend and hold harmless Everyday Humans, its agents, distributors and affiliates, and their officers, directors, and employees from and against any third party claims, demands or actions against it or them arising out of the use of the site, services, applications or tools or out of the breach of the T&C; and any associated liability awarded against Everyday Humans, its agents, distributors and affiliates, and their officers, directors, and employees, and any reasonable costs incurred by it or them in respect of such claims, demands or actions., Everyday Humans may transfer its exclusive rights to control the defense or settlement of any claims, demands or actions to the relevant third party.
Everyday Humans shall not be liable for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstances beyond its reasonable control.
You agree that the laws Hong Kong Special Administrative Region (HKSAR), without regard to principles of conflict of laws, will govern the T&C and any claim or dispute that has arisen or may arise between Everyday Humans and/or its affiliates and you. You agree that any and all disputes or claims that have arisen or may arise between Everyday Humans and/or its affiliates and you shall be resolved exclusively through final and binding arbitration within the jurisdiction of HKSAR, rather than in court, except that you may asset claims in the small claims tribunal, if your claims qualify.
If an arbitrator or the tribunal decides that any part of the T&C to arbitrate is invalid or unenforceable, the other parts of the T&C to arbitrate shall still apply.
Any Future Changes To The Terms And Conditions
Everyday Humans reserves the right, at its sole discretion, to change, add or remove portions of the T&C at any time without prior notice. Any revised version will be effective at the time we post it. It is your responsibility to check the T&C each time before using the site. Your continued use of the site following the posting of changes will mean that you accept and agree to the changes.
Personal Information We Collect
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers , email address, and phone number. We refer to this information as “Order Information.”
How Do We Use Your Personal Information?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
Communicate with you;
Screen our orders for potential risk or fraud; and
When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
Sharing Your Personal Information
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by:
FACEBOOK - https://www.facebook.com/settings/?tab=ads
GOOGLE - https://www.google.com/settings/ads/anonymous
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
Do Not Track
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at email@example.com