Please read all of these terms and conditions before purchasing a Yellow Eve membership.

 

Application

These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you).

We are Yellow Eve Ltd, a company registered in England and Wales under number 12579759 whose registered office is at 7 Bell Yard, London, Greater London, WC2A2JR with email address hello@yelloweve.co.uk; (the Supplier or us or we).

These are the terms on which we sell all Services to you. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

 

Interpretation

Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

Contract means the legally binding agreement between you and us for the supply of the Services;

Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;

Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;

Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website;

Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;

Website means our website www.yelloweve.co.uk on which the Services are advertised.

 

Services

The description of the Services and any Goods is as set out in the Website or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in any Services and Goods supplied.

In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

All Services which appear on the Website are subject to availability.

We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

 

Customer responsibilities

You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).

Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

You must not use the Yellow Eve platform and Connection Hub to sell any services or product or use your profile in a promotional way, unless agreed with Yellow Eve formally prior. You must be courteous, polite and show respect to other Yellow Eve members. Any form of harassment, abuse or criticism is not tolerated and may lead to Yellow Eve suspending your membership permanently, at any time, without notice.

 

Personal information and registration

When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.

We retain and use all information strictly under the Privacy Policy.

We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

 

Basis of Sale

The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason.

A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation).

You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you.

By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.

No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer.

 

Fees and Payment

The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.

You must pay by submitting your credit or debit card details and we can take payment immediately or otherwise before delivery of the Services.

By submitting an Order, You agree to the payment and the Fees set out on the Website for the relevant amount of time. You enter into a legally binding contract for the first three months. After that time, your Contract will automatically be renewed in a one month rolling contract paid by direct debit payment.

The Services are cancellable at any time from your purchase. You can cancel by logging into your account and clicking “Cancel Membership” in the Member’s Portal. If you have outstanding Fees due to Yellow Eve, we have the right to suspend your Services and membership. We do not issue refunds for purchases.

 

Right to cancel

Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason. You must give us notice of cancellation (hello@yelloweve.co.uk). In the event of cancellation within this period, we will refund your full membership fee, less a £5.00 administration fee, as long as you have not taken advantage of any membership benefits within the 14-day period. If this is the case, we cannot offer you a refund. This right to cancel does not apply to you if you have previously held a Yellow Eve membership.

If you do not wish to renew your membership at the end of the 3-month period, you can Cancel at any time in your Member’s Portal.

For the purposes of these Cancellation Rights, these words have the following meanings:

distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

 

Conformity

We have a legal duty to supply the Services and or Goods in conformity with the Contract and will not have conformed if it does not meet the following obligation.

Upon delivery, the Goods will:

be of satisfactory quality;

be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and

conform to their description.

In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).

 

Duration, termination and suspension

Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:

commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or

is subject to any step towards its bankruptcy or liquidation.

On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

 

Successors and our sub-contractors

Either party can transfer the benefit of this Contract to someone else and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

 

Circumstances beyond the control of either party

In the event of any failure by a party because of something beyond its reasonable control:

the party will advise the other party as soon as reasonably practicable; and

the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).

 

Privacy

Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy and Cookie Policy.

 

For the purposes of these Terms and Conditions:

‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.

‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.

‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.

We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.

Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

we will only Process Personal Data for the purposes identified;

we will respect your rights in relation to your Personal Data; and

we will implement technical and organisational measures to ensure your Personal Data is secure.

For any enquiries or complaints regarding data privacy, you can e-mail: .

Excluding liability

The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.

Governing law, jurisdiction and complaints

The Contract (including any non-contractual matters) is governed by the law of England and Wales.

Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.

 

Contact details

Yellow Eve Ltd
7 Bell Yard
London
Greater London
WC2A2JR

Email address: hello@yelloweve.co.uk

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