Terms & Conditions

1. INTRODUCTION

Welcome to www.overglam.com (the "Website" or the "Site"). Please read these Terms of Use (the "Terms") before using the Website. When you come to www.overglam.com and use any part of it you are agreeing to these Terms. If you do not agree with anything you read here, please exit this Website. You may not place an order through this Website unless you agree to be bound by our Terms and Privacy Policy.

This Website is operated by Imperfect Limited. All content that you see here is owned by or licensed to us. It is not for commercial use, and unless we specifically agree, you cannot copy, distribute, publish or alter the Website content.

Within the Website, you may find links or references to third party materials and websites outside www.over-glam.com. We do not endorse, authorize , or control those websites and therefore accept no liability in respect of the content or your use of those websites. 

Imperfect Limited makes no representations or warranties (express or implied) and we are unable to guarantee the accuracy of information on the Website. We do not accept any liability arising out of reliance on the materials on our Website. Any articles and materials displayed on our Website are provided for information only and are not a substitute for qualified veterinary advice. We recommend that you obtain specific advice in connection with any particular query which you may have concerning your pet.

We may terminate your access to our Website at any time if we decide at our sole discretion that you are in breach of these Terms.

We may change any aspect of the Website at any time without letting you know. You agree to be bound by such updates and you agree to visit this page from time to time to check such changes.

These Terms constitute an agreement between you (hereinafter, "you" or "your") on the one hand, and Imperfect Limited (registered office 383 DURNSFORD ROAD LONDON UNITED KINGDOM SW19 8EF, registered in England and Wales number 11312194).

Before you place an order, please carefully read these Terms and our Privacy Policy.

If you have any questions about the Terms or the Privacy Policy, you may contact us via the contact information provided on our “Contact Us” page on the Site.

2. USE OF OUR WEBSITE

You agree that:

2.1   You may only use the Website to make legitimate inquiries or orders.

2.2   You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.

2.3   You also agree to provide correct and accurate email, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Privacy Policy for more information on how we use your personal information).

If you do not give us all of the information that we need, we may not be able to complete your order.

2.4   You will not attempt to interfere or interfere in any way with the Site's network or our networks, or related network security, or attempt to use the Site's service to gain unauthorized access to any other computer system.

2.5   You will not use the Site to communicate, transmit, or post material that infringes on the intellectual property, privacy or publicity right of another person or entity.

2.6   You will not use the Site to engage in conduct that would constitute a civil or criminal offense, or that otherwise violates any city, state, national or international law or regulation.

2.7   By placing an order through the Website, you represent and warrant that you are at least 18 years old and are legally capable of entering into binding contracts.

3. SERVICE AVAILABILITY

Products offered through the Website are only available for delivery to the UK, EU countries, the United States & Canada, Australia, New Zealand, Russia, Japan, China, Hong Kong & Taiwan, South Korea and Singapore. At this time we are unable to deliver to hotels, APO addresses and freight companies.

4. HOW PURCHASE CONTRACTS ARE FORMED

No contract ("Contract") in respect of the purchase of a product offered on the Site shall exist between you and us until your order has been accepted by us and we send you the Shipment Confirmation. If we do not accept your order and funds have already been deducted from your account, the funds will be fully refunded.

To place an order, you will be required to follow the shopping process online and press the "Authorize Payment" button to submit the order. After this, you will receive an email from us acknowledging that we have received your order (the "Order Confirmation"). Your order constitutes your offer to us to buy one or more products from us for personal use and not for resale purposes. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched. We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate ShipmentConfirmation.Notwithstandingtheforegoing,yourcardorothermethodofpaymentwillnot be charged until your order is accepted and shipped. However, it may show a pre-authorization of the funds immediately upon placing the Order.

For all purchases made through the Site, you acknowledge and agree that your purchase receipt will be provided electronically only; paper copies of receipts will not be provided.

5. AVAILABILITY OFPRODUCTS

All orders are subject to availability. In the event of supply difficulties or stock issues, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any monies that you might have paid.

6. REFUSAL OF ORDER

We reserve the right to withdraw any product from the Website at any time and/or remove or edit any materials or content on the Website. While we will make reasonable efforts to process all orders, there may be exceptional circumstances that may require us to refuse to process an order after we have sent you an Order Confirmation; and we reserve the right to refuse to process an order at any time, at our sole discretion.

We will not be liable to you or any other third party by reason of our withdrawing any product from the Website, whether it has been sold or not, removing or editing any materials or contents on the Website or for refusing to process or accept an order after we have sent you the Order Confirmation.

7. CANCELLATIONS

You may cancel an Order for certain products if the Order is still being processed (and has not gone to the warehouse) to receive a refund to your original form of payment of the price paid. Otherwise, you must return the product(s) in accordance with our Returns policy. The following products in an Order may not be cancelled: Monogrammed and/or Personalized products.

8. DELIVERY

Subject to the provisions of Clause 5 above, and unless there are any exceptional circumstances, we will endeavour to fulfil your order for product(s) listed in the Shipment Confirmation by the delivery date set out in the Shipment Confirmation or, if no estimated delivery date is specified, within 15 business days of the date of the Shipment Confirmation.

Reasons for delay could include:

Customization of products;

Specialized products;

Covid related issues;

Unforeseen circumstances; or

Delivery area.

For signature required deliveries (which is generally determined by the carrier), we will after the initial delivery, make three (3) additional attempts to deliver your parcel before initiating a return. For the purpose of these Terms, the "delivery" shall be deemed to have occurred or the goods shall be deemed to "have been delivered" upon receipt of the product(s) at the designated delivery address, or upon in-store pickup, as applicable. We will try to find a safe secure place to leave your parcel as determined by the carrier delivering the package. In the event of a repeated issue with any particular address provided for you, we reserve the right to request an alternate address in order to fulfil your next Order.

UK - UK orders will be dispatched using Royal Mail and will be delivered within 48 hours of being dispatched. Orders can be tracked on www.royalmail.com.

WORLDWIDE – Most international deliveries will be dispatched with DHL

Deliveries within Europe can be expected within approximately 3-5 days.

We will send you a tracking code as soon as your order leaves the warehouse however please not that it sometimes take a few hours before the code becomes active.

We endeavour to dispatch orders as quickly and efficiently as possible. Unfortunately there are occasions whereby circumstances beyond our control will increase delivery times such as industrial action, bad weather, or busy holiday periods. Thank you for your understanding.

9. UNABLE TO DELIVER

Please note that an Order may be delivered to a neighbor, in case a delivery attempt is unsuccessful. Delivery to a neighbor address is upon judgment of the driver. Signature required orders which cannot be delivered will be returned to warehouse as stated above. The carrier will generally determine if the parcel can be left in a secure place at your delivery address. Your package may be returned to us if there is no safe place to leave the package at the point of delivery. For lost or missing packages, it’s the carrier’s responsibility. We will help you contact with the carrier and track the packages. We also provide you with the information of the carrier and tracking number associated with your order so that you may contact them to track your package directly if you want.

10. RISK AND TITLE

The product(s) will be at your risk from the time of delivery. Ownership of the product(s) will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery, whichever event occurs later in time.

11. PRICE AND PAYMENT

The price of the products shall be the one quoted from time to time on our Website, except where there is an error. While we take care to ensure that all prices quoted on our Website are accurate, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of confirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product(s) you will receive a full refund. 

We are under no obligation to sell the product(s) to you at the incorrect price (even after we have sent you a Shipment Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as such. All prices are exclusive of shipping charges and sales tax (if applicable).The total cost of the order is the price of the product(s) ordered plus the delivery charge and sales tax (if applicable). Prices may change at anytime.

Sales tax is charged (if applicable) according to the shipping address of your order as required by applicable law.

Once you have finished shopping on the Website, all the products you wish to purchase are added to your basket. Your next step will be to go through the checkout process and make the payment.

Payment for orders will be made to IMPERFECT LIMITED.

Payment may be made by Visa, MasterCard, American Express card and any other card accepted at the store. Any legally permissible validation of checks and authorization of your card will apply. You may also be given the option to pay for your order at the till in which case, your payment can be made by any means of payment available in that store.

12. RETURNS AND EXCHANGE POLICY

Subject to the conditions set forth below, we will accept returns or exchanges of new, unworn, unwashed, and unaltered merchandise with all internal garment tags intact with your original receipt within 14 days of the date of the reception of the order (at moment of purchase on the store or when delivery service marks the package as 'Delivered' for purchases made on this website).

Refunds are made in the form of original payment or in-store credit. If the original form of payment is not available, please contact Customer Service.

To request a return or an exchange, the customer will have to contact OVERGLAM via the form on our website ( https://overglam.com/pages/exchanges-and-returns ) within the 14 days of the reception of the order (at moment of purchase on the store or when delivery service marks the package as 'Delivered' for purchases made on this website).

The customer will be responsible for the returning of the item. The item must be shipped within 3 business days of the reception of the email with the return or exchange form.

A free return label will be offered for the first exchange (one per customer) in the UK. For further exchanges or for returns the customer will take responsibility for the shipping and/or customs costs. For purchases made outside of the UK, the customer will take responsibility for the shipping and/or customs costs.

The exchange or refund will be done once the item(s) can be revised and the conditions are deemed sufficient by IMPERFECT. 

Please allow 1-2 billing cycles for the refund to appear on your bank statement (due to different banking institution policies). Price adjustments will not be honoured for any marked-down merchandise.

We reserves the right to refuse returns of any merchandise that does not meet the above return requirements in our sole discretion.

All exchanges are subject to stock availability.

Pre Order Items

Pre-Ordered (also sometimes referred to “Pre-Sale” items) may be subject to longer delivery times, which will be shown on the website.

You will not be charged during the pre-order time. We will inform you when the items are prepared to be delivered and you can cancel the pre-order items freely. Once you confirm the order, we will deliver it to you immediately.

13. LIABILITY AND DISCLAIMERS

While we attempt to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The products described in the Site may not be available in your region. We do not claim that the information in the Site is appropriate to your jurisdiction or that the products described in the Site will be available for purchase in all jurisdictions.

You assume all responsibility and risk with respect to your use of the site or mobile app, which is provided "As is." we disclaim all warranties, representations and endorsements of any kind, either express or implied, with regard to information accessed from or via the site, including without limitation, all content and materials, functions and services provided on the site or mobile app, which are provided without warranty of any kind, including but not limited to any warranties concerning the availability, accuracy, completeness, usefulness, or content of information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that the site or mobile app, or their functions or content and materials or the services made available thereby will be timely, secure, uninterrupted or error-free, or that defects will be corrected. We make no warranty that the site or mobile app will meet users' expectations or requirements. No advice, results or information, or materials whether oral or written, obtained by you through the site shall create any warranty not expressly made herein. If you are dissatisfied with the site or mobile app, your sole remedy is to discontinue use of the site. Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and that you will be solely responsible for any damage that results from the download of any such material.

We make no warranties of any kind regarding any non-OVERGLAM sites or mobile apps to which you may be directed or hyperlinked from the site. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-OVERGLAM sites or mobile apps. We do not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the site.

In no event shall IMPERFECT, its affiliates or any of the respective directors, officers, employees, agents, or content or service providers be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action (whether in contract or not, including, but not limited to, negligence or otherwise) (collectively, “damages”) arising from or in any way related to the use of, or the inability to use, or the performance of the site or mobile app, or the content and materials or functionality on or accessed through the site or mobile app, including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales or any other type of damage, tangible or intangible in nature, even if imperfect or its representative or such individual has been advised of the possibility of such damages.

Some jurisdictions do not allow these limitations on implied warranties or exclusions of liability for certain types of damages; as a result, the limitations or exclusions of liability contained herein may not apply to you in whole or in part and the foregoing paragraph shall not apply to a resident of new jersey to the extent damages to such new jersey resident are the result of imperfect’s negligent, fraudulent, or reckless act(s) or intentional misconduct.

You agree that any cause of action arising out of or related to the site must commence within one (1) year after the cause of action ocrues or the cause of action is permanently barred.

You will indemnify and hold harmless IMPERFECT, its parent, subsidiaries, affiliates, officers and directors from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by IMPERFECT and such parties, and shall defend IMPERFECT and such parties against any and all claims arising out of (1) your use of the website or breach of these Terms and Conditions; (2) fraud you commit, or your intentional misconduct or gross negligence; and (3) your violation of any applicable U.K. or foreign law or the rights of a third party. IMPERFECT will control the defence of any claim to which indemnity may apply, and in any event, you shall not settle any claim without the approval of IMPERFECT.

Due to the open nature of the Website, and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from the Website or Mobile App unless otherwise expressly set out on the Website.

14. INTELLECTUAL PROPERTY

The Site, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, "Materials"), is IMPERFECT property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United Kingdom and/or foreign laws. Except as otherwise provided on the Site, the Mobile App, or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the Site in whole or in part, for any public or commercial purpose without the specific prior written permission of IMPERFECT. We grant you a personal, limited, non-exclusive, non transferable license to access the Site and to use the information and services contained on the Site. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

As between you and IMPERFECT, (or any other company whose marks appear on the Site), OVERGLAM (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials on the Site, unless otherwise indicated. The OVERGLAM logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "IMPERFECT Intellectual Property") are owned by IMPERFECT and may be registered in the United Kingdom and internationally. You agree not to display or use the IMPERFECT Intellectual Property in any manner without IMPERFECT's prior permission. Nothing on the Site should be construed to grant any license or right to use any IMPERFECT Intellectual Property without the prior written consent of IMPERFECT.

Except as otherwise provided herein, use of the Site does not grant you a license to any Materials or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials or screens for any purpose except as otherwise provided by IMPERFECT. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United Kingdom, Ireland, and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law. This does not prevent you from using the Website to the extent necessary to make a copy of any order.

IMPERFECT makes no claim that the Site may be lawfully viewed or that content may be downloaded outside of the United Kingdom. Access to the content may not be legal by certain persons or in certain countries. If you access the Site from outside the United Kingdom, you do so at your own risk and you are responsible for compliance with the laws of the jurisdiction.

15. COPYRIGHT AND/OR TRADEMARK INFRINGEMENT

If you believe a work on the Site constitutes infringement of your copyright, trademark or other intellectual property rights please provide our Designated Agent (at customerservice@overglam.com) with a written communication containing the following information:

1. evidence of your authorization to act on behalf of the owner of the copyrighted work or trademark;

2.a description of the copyrighted work or trademark that you claim has been infringed;

3.description of where the alleged infringing material is located on the Site or Mobile App, including the permalink where the material is located;

4.your address, telephone number, and email address;

5.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or trademark owner, its agent, or the law;

6.a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or trademark owner or authorized to act on the owner's behalf; and

7.your physical or electronic signature.

16. INDEMNITY

You agree to indemnify and hold IMPERFECT, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your (including your dependents’ or agents’) violation of these Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

17. WRITTEN COMMUNICATIONS

When using our Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Website, push notifications or messages. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

18. REGISTRATION, PASSWORDS, AND SECURITY

To access some of our services you will have to complete an online registration form. You agree that all information which you submit ("Registration Information") is true and complete and that you will update your Registration Information to keep this information true and complete.

Upon registering, you will create a password. You are solely responsible for any use of or action taken under your password on the Site. Your password may be used only to review information regarding potential and completed transactions, purchase or cancel purchases of products, change your preferences, post content and otherwise access and use the Site, and services on the Site in accordance with these Terms. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party (other than third parties authorized by you to use your account). You accept full responsibility for all transactions and other activities placed or conducted through your account and agree to and hereby release IMPERFECT from any and all liability concerning such transactions or activity. You agree to notify IMPERFECT immediately of any actual or suspected loss, theft or unauthorized use of your account or password. IMPERFECT has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. IMPERFECT will take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons or entities.

19. POSTED CONTENT AND SUBMISSIONS

As part of your use of the Site and services offered on the Site, you may upload, post, distribute or disseminate (collectively, "post") content and material (including but not limited to, photographs, images you have taken, captions and comments), or you may send or email us material (including but not limited to, photographs you have taken, articles you have written, captions, and comments) which we, at our discretion, may allow you to post (collectively, the "Posted Content") on the Site. You hereby grant IMPERFECT a right (including any moral rights) and worldwide license to use the Posted Content on the Site or Mobile App and to promote and advertise the Site or Mobile App and OVERGLAM in anyway.

You also warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Posted Content. You agree that you will not post any false, inaccurate material or delete or revise any material that was not posted by you. You are responsible for your own postings and are responsible for the consequences of your postings. You agree not to do any of the following:

1. post any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner's permission (including requisite consents and releases) to post it; post any material that reveals a trade secret, unless you own the trade secret or have the owner's permission to post it;

2.post any material that infringes on any intellectual property right of another or on the privacy or publicity rights of another;

3.post any material that is unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive or hateful to another user or to any other person or entity;

4.post any chain letter or pyramid scheme; or

5.post any material that contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

IMPERFECT does not represent or guarantee the truthfulness, accuracy or reliability of any Posted Content or endorse any opinions expressed by a user. You acknowledge that any reliance on Posted Content by other users will be at your own risk. IMPERFECT does not confirm that each user is who he or she claims to be. IMPERFECT exercises a great effort to protect Posted Content from being misused. However, if misuse has occurred IMPERFECT is in no way liable for such misuse. Because IMPERFECT is not involved in user-to-user dealings and does not control the behaviour of participants on the Site or Mobile App, in the event that you have a dispute with one or more users, you release IMPERFECT from any claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. IMPERFECT acts as a passive conduit for Posted Content and has no obligation to screen or monitor Posted Content. If IMPERFECT becomes aware of any Posted Content that allegedly may not conform to these Terms, IMPERFECT may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. IMPERFECT has no liability or responsibility to users for performance or non-performance of such activities. You may find some Posted Content to be offensive, indecent, harmful, inaccurate, objectionable, mislabelled or deceptively labelled. IMPERFECT expects that you will use caution and common sense when using the Site and Services.

IMPERFECT has the absolute right to remove and/or delete without notice any posted content that it deems objectionable. You consent to such removal and/or deletion and waive any claim against imperfect for such removal and/or deletion.

IMPERFECT is not responsible or liable for failure to store posted content or other materials you transmit through the sit. You should take measures to preserve copies of any data, material, content or information you post on the site.

We are pleased to hear from our visitors and welcome your comments. Because of the large number of ideas and works that IMPERFECT has already developed, or that have been suggested to us by third parties, the possibility exists that any idea, suggestion or submission that you may make through the Site is similar to information, ideas or suggestions already known to us. By disclosing any information, idea, suggestion or other material through the Site, you agree that (a) no confidential relationship is established by virtue of such submission and that the material is not submitted in confidence and (b) no obligation of any kind is assumed by, nor may be implied against, IMPERFECT by virtue of such submission. Moreover, no liability shall result from the use of such information, ideas or suggestions by IMPERFECT.

NOTICES

All notices given by you to us should be given to us preferably via the avenues of contact provided on our "Contact Us” webpage. We may give notice to you via either the email, message, push notification (if consent has been provided) or postal address you provide to us when placing an order.

Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three days after the date of posting of any letter mailed. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.

20. EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under an order you have placed that is caused by events outside our control (a "Force Majeure Event"). A Force Majeure Event shall include any act, event, non- happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:

1. Strikes, lock-outs or other industrial action.

2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

5. Impossibility of the use of public or private telecommunications networks.

6.The acts, decrees, legislation, regulations or restrictions of any government.

7.Any shipping, postal or other relevant transport strike, failure or accidents.

Our performance under any order you have placed is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.

21. WAIVER

No failure of IMPERFECT to enforce any of its rights or remedies under these Terms will act as a waiver of such rights and remedies. A waiver by us of any default shall not constitute a waiver of any subsequent default. 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 in accordance with the provisions of the clause on Notices above.

22. SEVERABILITY

If any of these Terms or any provisions of an order 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.

23. OUR RIGHT TO MODIFY THESE TERMS

We have the right to revise and amend these Terms at any time. Your use of the Site or Mobile App after we post changes to these Terms constitutes your agreement to those changes prospectively from the date of such changes. You will be subject to the Terms and IMPERFECT policies in force at the time that you order products from us.

24. QUESTIONS AND FEEDBACK

We welcome your questions, comments and feedback. Please send all questions, comments and feedback to us via the contact information provided on our "Contact Us” webpage.

Imperfect Limited

383 Durnsford Road,

London,

United Kingdom

SW19 8EF

 

Last updated on January 2021