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Welcome to UnderCloat! The terms “we”, “us” and “our” refer to UnderCloat. UnderCloat operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). UnderCloat is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. UnderCloat reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until UnderCloat confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as UnderCloat may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties.
We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores.
You represent and warrant that:
(i) the credit card information you provide is true, correct, and complete;
(ii) you are duly authorized to use such credit card for the purchase;
(iii) charges incurred by you will be honored by your credit card company; and
(iv) you will pay charges incurred by you at the posted prices, including shipping, handling, and applicable taxes.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control.
Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, are owned by UnderCloat, its affiliates or licensors and are protected by U.S. and foreign intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. Unauthorized use may violate intellectual property laws.
UnderCloat’s names, logos, product and service names, designs, and slogans are trademarks of UnderCloat or its licensors. Shopify’s name and trademarks belong to Shopify.
All rights not expressly granted are reserved by UnderCloat.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
UnderCloat is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with UnderCloat.
You acknowledge that Shopify is not responsible for any aspect of any sales between you and UnderCloat, and you release Shopify from any related claims.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here.
By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you.
Review our Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant UnderCloat a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.
We may use Feedback to operate, provide, evaluate, improve, and promote the Services, and to perform our obligations and exercise our rights under these Terms of Service.
You represent and warrant that:
(i) you own or have all necessary rights to the Feedback;
(ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and
(iii) your Feedback complies with these Terms of Service.
We are under no obligation to maintain Feedback in confidence, to pay compensation for it, or to respond to it.
We may remove Feedback at our sole discretion if it is unlawful, offensive, defamatory, obscene, or violates any intellectual property or these Terms.
You agree that your Feedback will not violate any third-party rights, contain unlawful or abusive material, or include malware or harmful code. You are solely responsible for your Feedback and its accuracy.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.
UnderCloat reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders at any time without prior notice, including after an order has been submitted.
SECTION 13 - PROHIBITED USES
You may use the Services only for lawful purposes. You may not use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose;
(b) to violate any applicable laws or regulations;
(c) to infringe upon or violate intellectual property rights;
(d) to harass, abuse, insult, defame, threaten, or harm any person;
(e) to submit false or misleading information;
(f) to upload or transmit malicious code or viruses;
(g) to send spam or unsolicited promotional content;
(h) to impersonate another person or entity;
(i) to interfere with the security or proper functioning of the Services.
You further agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without express written permission from UnderCloat.
We reserve the right to suspend or terminate your access if you violate these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services at any time, without notice, at our sole discretion.
You will remain liable for all amounts due up to and including the date of termination.
The following sections survive termination: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Governing Law, Privacy Policy, and any provisions that by their nature should survive.
SECTION 15 - DISCLAIMER OF WARRANTIES
The Services and all products provided by UnderCloat are offered on an “AS IS” and “AS AVAILABLE” basis.
We make no representations or warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, or non-infringement.
We do not guarantee that the Services will be uninterrupted, secure, or error-free. Some jurisdictions do not allow limitations on implied warranties, so certain disclaimers may not apply to you.
SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, UnderCloat, its partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, and Shopify shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Services or products.
This includes, without limitation, loss of profits, revenue, savings, data, or replacement costs, even if advised of the possibility of such damages.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless UnderCloat, Shopify, and their affiliates, officers, directors, employees, agents, contractors, and service providers from any claims, damages, losses, liabilities, or expenses arising out of:
(1) your breach of these Terms;
(2) your violation of any law or third-party rights;
(3) your use of the Services.
SECTION 18 - SEVERABILITY
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of UnderCloat to enforce any right or provision of these Terms does not constitute a waiver of that right.
These Terms, together with any policies posted on the site, constitute the entire agreement between you and UnderCloat, superseding any prior agreements or communications.
SECTION 20 - ASSIGNMENT
You may not assign or transfer these Terms without prior written consent from UnderCloat.
We may assign or transfer these Terms without restriction or notice.
SECTION 21 - GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where UnderCloat is headquartered, without regard to conflict of law principles.
SECTION 22 - HEADINGS
Headings are included for convenience only and do not affect the interpretation of these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms at any time on this page.
We reserve the right to update or replace any part of these Terms by posting changes to our website. Your continued use of the Services constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at sac@undercloat.com.
Trading Name: UnderCloat
Legal Entity: YDE BUSINESS LTD
Email: sac@undercloat.com
Business Address: 167–169 Great Portland Street, London, England, W1W 5PF
Business Registration Number: 16647360