Terms of Service
Terms of Service
1. Application of these Terms of Service
- You confirm that you have the right, authority, and capacity to accept and agree to these Terms of Service and are of sufficient legal age in your jurisdiction or residence to enter into these Terms of Service and to purchase the Products and use the Platform.
- PLEASE READ THESE TERMS OF SERVICE CAREFULLY. By using our Platform, including placing an order for any Product(s), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and that they will apply to any order you make via our Platform. If you do not accept these Terms of Service, then you must not use our Platform or submit an order to purchase any Products from our Platform. You should pay particular attention to Section 13 “Liability, Warranties and Disclaimers” below as this excludes or limits our legal liability in connection with your purchase of Products and use of our Platform.
- We reserve the right to change these Terms of Service at any time, so please review these Terms of Service each time prior to you submitting an order to purchase any Product(s). The current Terms of Service effective at the time you submit your order for Product(s) will apply to such order. If you have any questions regarding these Terms of Service, you can contact us at email@example.com. In these Terms of Service, any words following the words “including”, “in particular” or similar are used by way of example only and do not limit the intention of any Section of these Terms of Service.
2. Our Merchandise
- Merchandise offered on our Platform is subject to availability (including, the validity of any coupon or discount) and may change at any time without notice. We may need to impose quantity limits on any order, to reject all or part of an order, and/or to discontinue Merchandise without prior notice. We try to accurately display the attributes of the Merchandise, including the applicable colours, however the actual colours you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours.
- We may offer the chance to sign up to become a member and receive certain benefits that are available from time to time through our Platform (“Membership” or “Member”). This Section 3 sets out the specific terms that apply to any Membership you purchase. Your Membership is personal to you and you may not assign or transfer your Membership to any other person.
- Registration. To become a Member, you will need to create an account that will be linked to your Membership (your “Account”), you can do this via our Platform or, if we offer such functionality, through your account with certain third-party social networking services such as Google or Twitter (each, an “SNS Account”). If you choose the SNS Account option we will create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access. In registering for an Account, you agree to provide true, accurate, and current information about yourself as prompted by our registration form, as well as any other information reasonably requested by us. You agree not to create an Account using a false identity or providing false information, on behalf of another person, or if you have previously been removed or banned from our Platform.
- Log-in credentials. You are responsible for safeguarding the password and credentials that you use to access your Account and for any activities or actions under your Membership and/or Account, and you agree to notify us immediately of any unauthorized access or use of your Membership and/or Account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account. We will not be liable for any loss or damage arising from your failure to comply with these requirements.
- Payment for annual membership. Your annual membership subscription will auto-renew every year on the same date, which is the date you purchased your subscription.
- Canceling your Membership. You can cancel your annual membership anytime by emailing firstname.lastname@example.org. After you cancel, your membership will be active until the renewal date, unless you cancel within the Cooling Off Period, details of which are set out in section 8. If you cancel outside the Cooling Off Period, you will not be entitled to a refund.
4. Placing an order and its acceptance by us
- Placing an order. You can place an order on our Platform by pressing the ‘Buy Now’ button at the end of the checkout process. Each order you submit constitutes an offer to purchase (A) the Merchandise set out in your order; or (B) a Membership, each in accordance with and subject to these Terms of Service, together with any additional terms that may apply to any promotional or special offers if you are a Member. You are responsible for ensuring that your order is complete and accurate before submitting your order. You will have an opportunity to check and correct any input errors in your orders via our Platform up until the point at which you submit your order by clicking the ‘Buy Now’ button on the check-out page of our Platform.
- Accepting an order. Your order is not binding on you or us unless and until we accept the offer. You will received and acknowledgement of your order by email, but this email should not be considered acceptance of your order. If we accept your order, we will confirm our acceptance by sending you a further email, at which time a contract will come into force between you and us.
- If we cannot accept your order. Merchandise that is in your shopping cart are not reserved and can be purchased by other users. If we are unable to supply the Merchandise you have requested for any reason, we will inform you by email and your order will not be processed. If you have already paid for the Merchandise, we will refund you the full amount including any delivery costs paid as soon as possible, but in any event within 14 days of you submitting your order.
- Prices are stated and payable in the relevant currency based on the jurisdiction or location which you reside. The total price for Products are inclusive of applicable sales tax (such as VAT). Shipping charges may not be included until you reach the checkout page where we will ask you to provide details of your delivery address and select a delivery method. We must receive payment in advance before your order and/or purchase can be processed.
- If we discover an error in the price of a Product we are not obliged to accept or fulfil an order for this Product at the incorrect price and we reserve the right (at our discretion) to either cancel your order or contact you and ask you whether you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid.
6. Shipping and Delivery
- We will contact you with an estimated delivery date, which will be within 30 days from the date on which we confirm our acceptance of your order. To the extent permitted by law, dates quoted for delivery are approximate only and time of delivery is not of the essence. We will send another email when the Merchandise you have ordered has been dispatched.
- We will arrange for the Merchandise to be delivered to the address stated on the relevant order, and delivery will be complete once the Merchandise has been unloaded at such address. You will be responsible for, and will own, the Merchandise only once full payment has been received and delivery has been completed.
- If you fail to take delivery of the Merchandise on the date delivery has been scheduled, we may reschedule delivery.
- We may collect payments for the Products from you directly or we may use a third-party payment processor (“Payment Processor”) to bill you through a payment account selected by you at checkout (your “Payment Method”). The processing of payments by a Payment Processor will be subject to the terms, conditions and privacy policies of such Payment Processor in addition to these Terms of Service. We are not responsible for any errors by a Payment Processor.
8. Right to Refund and Consumer Cooling Off Period
- Please click here to review our returns policy for our Products. If you reside in the United Kingdom, the foregoing return policy is in addition to (and not in place of) your consumer cancellation right, as detailed further in Sections 8.2 and 8.3.
- If you are a consumer residing in the United Kingdom, you have a legal right under the Consumer Contracts Regulations 2013 to cancel an order for any Merchandise or your Membership made online, and to receive a refund, provided you exercise that right within 14 days after the date on which you receive the Merchandise or become a Member (“Cooling Off Period”). To the extent you wish to cancel your Membership and you have (A) placed an order for any Merchandise at a discounted price, the amount we refund you will be the total fee paid for your Membership less any discount that has been applied to your order for such Merchandise; or (B) placed an order for any Merchandise during an early release offer, your order for such Merchandise may be cancelled at our discretion. All Merchandise returned must be in the same condition (including in original packaging) it was in when delivered to you.
- If you wish to exercise your right of cancellation, you must inform us by email to email@example.com within the Cooling Off Period. If your cancellation relates to an order for any Merchandise, you must then return the Merchandise to us at your cost within the Cooling Off Period. We will reimburse to you (by your Payment Method) the amount in relation to Product(s) under the order to which the cancellation rights apply, whether this is to cancel an order for all Merchandise or some of the Merchandise in your order. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery).
9. Use of our Platform
- You agree to use our Platform only for purposes that are permitted by these Terms of Service, and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. If accessing our Platform or use of the Platform Content violates any applicable law in your jurisdiction(s), you are not authorised to access or use our Platform and you must cease use immediately.
- You may only use our Platform for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purpose.
- The information and Products shown on our Platform are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.
- You will not (and will not attempt to): (a) access our Platform by any means other than through the interface that is provided by us; (b) gain unauthorised access to our networks or systems, or engage in any activity that interferes with the performance of, or impairs the features, functionality or security of our Platform, our networks and/or systems; (c) access our Platform through any automated means or with any automated features or devices (including use of scripts or web crawlers); and (d) reproduce, duplicate, copy, sell, trade, or resell any (i) aspect of our Platform for any purpose; and/or (ii) any products or services bearing any trademark, service mark, trade name, logo or service mark owned by us in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos;
- You must not (i) establish a link to our Platform in such a way as to suggest any form of association, approval or endorsement on our part where none exists; and (i) establish a link to our Platform in any website that is not owned by you. Our Platform must not be framed on any other site, nor may you create a link to any part of our site other than the home page. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on our site other than that set out above, please contact firstname.lastname@example.org.
- The Platform Content is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Platform Content. Although we make reasonable efforts to update the Platform Content, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
10. Access and changes to our Platform
- We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our Platform or the Platform Content or Products available through it, including your access to our Platform, with or without notice to you. Provision of any new features including new Platform Content, will be subject to these Terms of Service.
- While we will endeavor to ensure that our Platform is accessible, however, we cannot guarantee that our Platform will operate continuously or without interruptions or be error free. You must not attempt to interfere with the proper working of our Platform and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any system, device, server, website, router or any other Internet connected device.
11. Intellectual Property
- All materials, content (including all text, graphics, logos, names, artwork, photographs and videos), features and functionality on our Platform (“Platform Content”) are and will remain the property of Early Majority and/or its licensors. The Platform Content may be protected by copyright, trademark, and other intellectual property rights and must not be copied, distributed, republished, uploaded, posted, scraped or transmitted in any way, without our prior written consent. All goodwill generated from the use of Early Majority name, logos, and trademarks (which will require our consent before any such use) will inure to our exclusive benefit. Other company, product, and service names and logos used and displayed via our Platform may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Early Majority. Nothing in this Terms of Service or our Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Platform Content displayed on our Platform, without our prior written permission in each instance.
- You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the technology and software underlying our Platform.
- Any questions, comments, suggestions, ideas, feedback, reviews, or other information about our Platform (“Submissions”), provided by you to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.
12. Liability, Warranties and Disclaimers
- As a consumer, you have certain rights under law and nothing in these Terms of Service can, or is intended to, limit or remove these rights. We do not exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so, including for faulty or misdescribed goods or services, breach of your legal rights in relation to the Products or our Platform (as applicable), defective products under the Consumer Protection Act 1987, death or personal injury caused by our negligence, fraudulent misrepresentation or misrepresentation. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE A USER FROM THE STATE OF NEW JERSEY, THE FOLLOWING SECTIONS 12.2 THROUGH 12.5 ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
- SUBJECT TO SECTION 12.1 AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, OUR PLATFORM, ALL PRODUCTS, AND PLATFORM CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND. WE HEREBY DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING THOSE OF SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOU ACCEPT THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CHANGES TO OR PERMANENT OR TEMPORARY WITHDRAWAL OF OUR PLATFORM. WE CANNOT ACCEPT ANY LIABILITY FOR ITS UNAVAILABILITY.
- SUBJECT TO SECTION 12.1 AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU USE ANY AND ALL MERCHANDISE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND EARLY MAJORITY DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES RESULTING FROM YOUR USE OF ANY MERCHANDISE, INCLUDING DAMAGE OR LOSS TO YOUR MERCHANDISE, AND ANY OTHER PERIPHERALS, ACCESSORIES, OR APPAREL CONNECTED TO THE MERCHANDISE.
- WE ONLY SUPPLY THE PRODUCTS AND OUR PLATFORM (INCLUDING THE PLATFORM CONTENT) FOR DOMESTIC AND PRIVATE USE. SUBJECT TO SECTION 12.1 AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT SHALL WE BE LIABLE FOR ANY: (A) DIRECT OR INDIRECT DAMAGES (INCLUDING INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES); (B) LOST PROFITS; OR (C) DAMAGES RESULTING FROM LOST DATA, BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY RESULTING FROM THE USE OR INABILITY TO USE A PRODUCT, OUR PLATFORM OR ANY PLATFORM CONTENT, IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
- SUBJECT TO SECTION 12.1 AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, OUR TOTAL LIABILITY TO YOU FOR ALL OTHER LOSSES ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, WILL IN NO CIRCUMSTANCES EXCEED THE GREATER OF: (A) THE PRICE YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM; AND (B) £400.
13. Data Protection
14. Electronic Communications and Notifications; Certain Notices
- Early Majority may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the email address associated with your order, hard copy, or posting of such notice on our Platform. Early Majority is not responsible for any automatic filtering you or your network provider may apply to email notifications. Early Majority recommends that you add @earlymajority.com URLs to your email address book to help ensure you receive email notifications from Early Majority. For notifications made by e-mail, the date on which the message is sent will be deemed the date on which such notification is transmitted.
- Our Platform includes certain services that are available via a mobile device, including the ability to browse our Platform and order Products from a mobile device (collectively, the “Mobile Services”). To the extent you access our Platform through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Early Majority and other entities by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Account information to ensure that your messages are not sent to the person that acquires your old number.
- Notice for California Users: Under California Civil Code Section 1789.3, users of our Platform from the State of California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email email@example.com; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market B lvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us as detailed in Section 17 (Contact).
- U.S. Government Restricted Rights: Our Platform is made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of our Platform by the U.S. government constitutes acknowledgement of our proprietary rights in our Platform.
15. Other Terms
- These Terms of Service and the documents referred to within them, which are hereby incorporated by reference, form the entire agreement between you and us with respect to your use of our Platform and purchase of Merchandise or your Membership.
- The failure by us to exercise or enforce any right or provision of these Terms of Service will not be considered a waiver of such right or provision.
- If any part of these Terms of Service is found by a court or competent authority to be illegal or invalid, the rest of the Terms of Service will remain in full force and unaffected. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- You may not assign these Terms of Service without our prior written consent, but we may assign or transfer these Terms of Service, in whole or in part, without restriction.
- We will not be liable under these Terms of Service for any failure or delay in the performance of our obligations due to causes beyond our reasonable control, including, without limitation, earthquake, flood, or other natural disaster, act of God, labour controversy, civil disturbance, terrorism, war (whether or not officially declared), pandemic or epidemic (including Covid-19) and any connected measures, actions or restrictions, or the inability to obtain sufficient supplies, transportation, or other essential commodity or service required in the conduct of its business, internet or other system or network outages, or any change in or the adoption of any law, regulation, judgment or decree.
- The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from these Terms of Service such that no third party may claim any rights under these Terms of Service.
- You will not export or re-export, directly or indirectly, the Merchandise to any destination or person prohibited or restricted by applicable law, including U.S. export control laws and regulations.
- In the event there is a conflict between these Terms of Service and any additional terms that we agree in writing with you, these Terms of Service will control.
16. Governing Law and Jurisdiction
- If you reside in the United Kingdom and the European Union, these Terms of Service and any disputes arising out of or in connection with them (including non-contractual disputes) are governed by English law. You can bring legal proceedings in relation to the Products, our Platform or these Terms of Service in either your local courts or the English courts.
- If you reside outside the United Kingdom and the European Union, to the extent permitted by applicable law, these Terms of Service any disputes arising out of or in connection with them (including non-contractual disputes) are governed by the laws of the State of California without regard to its conflict of law provisions. If you reside in the United States, with respect to any disputes or claims in relation to the Products, our Platform or these Terms of Service, you and Early Majority submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles County, California.
- If you live outside of the United Kingdom, European Union and the United States, you can bring legal proceedings in respect of the Products, our Platform or these Terms of Service in either your local courts or the English courts.
- If you have any questions regarding the Products, our Platform or these Terms of Service, please contact Early Majority via e-mail at firstname.lastname@example.org. Our mailing addresses are as follows:
Early Majority Ltd
93-95 King Street,
Norwich, NR1 1PW
Early Majority SAS
3 Rue de Chantilly
Early Majority, Inc.
712 Cuyama Road
Ojai, CA 93023