Terms and Conditions

Karol

Terms of Use

Information Concerning Us And Applicability

Our Website is owned and operated by Bebestmedia LTD (“yourcrochet.com“, “we” or “us”), registered in England, whose registered office is 590 Kingston Road, London SW20 8DN, UNITED KINGDOM. Our Company registration number is 09571700. 

If you do not accept these Terms please do not access and/or use the Services. We may update these Terms at any time. Please review the Terms regularly to ensure you are aware of any changes. Your continued access to and/or use of our Services after changes have been made to the Terms indicates your agreement to be legally bound by the updated and/or amended Terms. 

The sale and supply of Goods via our Websites is conducted by Bebestmedia LTD.

While purchasing the Goods via our Website your customer account will be created automatically. Your content will not be visible to other users of the platform. Once your account is created, you will receive confirmation of this via email.

Any information which we keep in your customer account (including any information which you add to your Public Profile) will be held in line with our Privacy Policy. By registering your data on our Website you undertake that all the data you provide to us for the purpose of registering on the Website and purchasing the Goods are true, accurate, current and complete in all respects. 

Once you log in to your account, you will be able to view your purchase history, make changes to your account information and password.

It is your responsibility to maintain the confidentiality of your login details and any activities while using your account. If you suspect your login details have been misused, you should contact [email protected] immediately to let us know. On your request, we can delete your account at any time.

If your account is deleted, you no longer will be able to reactivate it, or access your purchase history. In case of any problems with managing your account, please send an email to [email protected].

Using Our Websites

When you use our Website, we collect certain data about you, which is described in more detail in our Privacy Policy.

Suspension And Termination

Breaching the terms of these Terms of Use or fraudulent/illegal activity on one of our Websites may result in our taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your access to the Website (including your Public Profile) and removal of your Customer Content;
  • a warning being issued to you;
  • legal action being taken against you including proceedings for in order to secure reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach of these regulations;
  • disclosing such information to law enforcement authorities as we reasonably consider to be necessary.

The responses described in this section are not limited to those listed here, and we reserve the right to take any other action we may reasonably deem appropriate.

 

Intellectual Property Rights

YourCrochet is a trademark in the United Kingdom, US, Canada, Europe, Australia and New Zealand. 

 

The content of the Website and Apps, including techniques, source codes, data, technical information and the style or presentation employed, is protected by copyright laws and treaties around the world. All such rights are reserved. It is not permitted to copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our Website in any way except for your own personal, non-commercial use. The use of any content is only permitted within the terms of using the functionality of the Website. Any other use of the material and content featured on the Website is strictly prohibited. In addition, it is acknowledged that Goods sold by us, as well as the content of the Website, may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. Unless prior permission of the copyright owner has been secured, no licence is granted to you to reproduce copyrighted material.

Offers And Promotions

On occasion we may run offers and promotions in relation to our Goods (“Promotions”), by using discount codes, sales or other techniques. Promotions are subject to availability, non-transferable, with final specified expiry times. Discount codes are valid for one use per customer, no cash alternative is to be offered and they cannot be used in conjunction with gift vouchers, or any other promotion or offer. These include multi-buy deals, other discount codes, sale items and clearance stock, unless this is otherwise stated. Each Promotion is to be run according to its own specific terms that are to be set out on the Promotion itself. In the case of conflict arising with the terms set out in this section, the terms of the Promotion shall prevail. We reserve the right, in all cases, to change or withdraw offers, promotions, or sale items at any time and without prior notice.

Links From Our Websites

We bear no responsibility for the content of websites and resources provided by third parties. In situations where our Websites contain links to other websites and resources provided by third parties, please be advised that these links are provided for you to access at your sole risk and discretion. In addition, we declare that we have no control over the contents of such websites or resources, and therefore accept no responsibility for such websites or for any losses or damage that may result from your use of them.

Linking To Our Websites

You are only permitted to create a link to one of our Websites from another website, document or any other source in accordance with the following requirements. In that regard, any agreed link must be:

  • to the Website’s homepage;
  • on condition that this does not suggest any form of association, approval or endorsement on our part;
  • presented in such a way that is considered fair and does not result in damage to our reputation or take advantage of this reputation.
  • established by an owner of a website or document, and which does not contain content that may be considered controversial, offensive, infringing on any intellectual property rights or other rights of any other person or breaching law in the UK and the law in any country in which they are hosted;

 

There is no obligation on our part to inform you of changes to the address of the Websites’ home page. The responsibility rests on you to ensure that any link you provide to one of our homepages is accurate at all times.

Disclaimers, Limitation of Liability And Indemnity

Insofar as the law allows, neither YourCrochet, nor its affiliates, directors, employees or contractors, shall be liable for any direct, indirect, punitive, incidental, special or consequential damages arising from or in any way connected with the use of the Website. This also includes the content of the Website, any delay or inability to use the Website or otherwise in connection with the Website, whether this is based on contract, tort, strict liability or otherwise. Subject to applicable law, we shall not be considered liable for anything in the following non-exhaustive list: errors, omissions, interruptions, deletion of files or emails, errors, viruses, delays in operation or any failures of performance, whether or not resulting from natural acts, communications issues, theft, destruction, or unauthorised access to our products and services, as well as records.

Furthermore, we disclaim warranties of any kind made in relation to the Websites, either expressed or implied. No oral advice, as well as written or electronically transmitted information issued by us, our affiliates, directors, employees or contractors, shall create any warranty under any circumstance.

YourCrochet reserves the right to refuse to accept and process any and all customer orders on any and all products and services and to suspend, discontinue, and refuse to use or accept any and all offers, promotions, discounts, at its sole discretion.

If you are resident in a country which prohibits such exclusions or limitations of liability, some or all of the exclusions or limitations of liability listed above may not apply to you. In order to remove any doubt, nothing in these Terms of Use seeks to exclude or limit our liability for death or personal injury arising from our own negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law. In such cases, these Terms of Use shall be read as closely as possible to their current wording, notwithstanding the prohibition of such terms.

In addition, you undertake to indemnify YourCrochet fully, its officers, directors, employees, agents, distributors, vendors, affiliates, successors and assigns from and against any and all third party claims, demands, liabilities, costs or expenses resulting from your breach of any of these Terms of Use insofar as they relate to a Customer and/or your Public Profile. This includes but is not limited to, any allegations, damages or claims relating to any of your Customer Content, Public Profile or other postings or communications in any forums or facilities on the Websites, or for infringement or violation of any third-party rights.

Survival

Each provision of the Terms of Use shall be interpreted as applying and surviving separately even if for any reason one or other of these provisions is held to be inapplicable or unenforceable in any circumstances.

 

Jurisdiction And Applicable Law

Apart from the extent that you may exercise your right as a consumer to bring an action in or rely on the laws of your country (or State, as applicable) of domicile, the interpretation, construction, effect and enforceability of these terms of use shall be governed by the law of Republic of Poland, and you and we agree to submit to the non-exclusive jurisdiction of Polish courts for the determination of disputes.

Your Concerns

Please contact us any time with comments and/or concerns related to our Websites, Apps and/or services, please contact [email protected], or write to us at: YourCrochet, 590 Kingston Road, SW20 8DN London, UK

 

Terms of Sale

Information About Us

Our Website is owned and operated by Bebestmedia LTD (“yourcrochet.com“, “we” or “us”), registered in England, whose registered office is 590 Kingston Road, London SW20 8DN, UNITED KINGDOM. Our Company registration number is 09571700. 

The sale and supply of Goods via our Websites is performed by Bebestmedia LTD.

Scope Of These Terms Of Sale

The Terms of Sale, the Terms of Use outlined here, along with the email confirming that your order has been accepted and shipped (“Order Confirmation”) constitute the contract (“Contract”) for the purchase of any products (the “Goods”) on the Websites. The Contract is entered into between you and BEBESTMEDIA LTD (“Your Crochet”, “we” or “us”). Should any conflict arise between the Terms of Sale and the Terms of Use, these Terms of Sale shall prevail.

Order And Contract Creation

In order to purchase any product on our Websites, you will first need to add it to the basket, before letting us guide you through the checkout process. You will be asked to provide the details required to place your order. Soon afterwards, your items will be shipped and you will receive an email confirming same. It is important to note that all products displayed on our Websites are subject to availability and subject to our acceptance of your order.

The Contract entered into will apply to the exclusion of any other terms. This includes any terms which you may purport to apply under any purchase order, confirmation of order, or any other document. Therefore, by placing an order with us you accept that any business conducted as part of same will be subject to these Terms of Sale. A Contract will only subsist once we have debited your payment method and sent an Order Confirmation (whether or not you have received it). This will relate only to Goods specified in the Order Confirmation.

Please note that nothing in these Terms of Sale shall operate in order to deny or limit any of your rights as a consumer by law. Should any conflict arise between the terms of the Contract and any such rights, the latter shall prevail in your favour on condition that you are buying from us as a consumer and not as a business customer.

All Goods offered for sale by us are subject to availability and subject to our acceptance of the order. Furthermore, no order shall be considered accepted by us unless and until it is confirmed by us unconditionally via email (whether or not you have received this email).

The following technical steps are required to create the Contract between us, namely:

  1. To place the order for the Goods on the Websites, you first click the “buy now” or “add to cart” button, which directs you to the checkout. 
  2. You will be asked to fill out your Personal Info and email address, as well as will be given an opportunity to apply a discount code. Please note that we will not accept an order unless all details requested from you have been entered correctly.
  3. To complete the purchase and make a payment, you need to click the “PayPal” button, which will guide you to the PayPal website and allow you to finalize the payment.
  4. Once you have placed your order, we will send you an Order Confirmation detailing the Goods you have ordered. In the case of digital Goods, this confirmation will contain the link to PDF download or other downloadable format in which the Goods are sold.

It is therefore important that you check that the details in the Order Confirmation are correct, and retain a copy of same.

Your Crochet reserves the right to refuse to accept and process any and all customer orders on any and all products and services. This also includes suspending, discontinuing, and refusing the use or acceptance of any and all offers, promotions, discounts in accordance with its sole discretion. Please note that the following factors may result in the non-acceptance of an order:

  1. the unavailability of the Goods you ordered;
  2. an inability on our part to obtain authorization and confirmed receipt of your payment;
  3. a pricing or product description error being identified; or
  4. a failure on your part to meet the eligibility to order criteria set out in the Terms of Use.

Description Of Products

When the relevant information is being entered onto our system, we undertake to exert all reasonable care to ensure that all details, descriptions and prices of Goods appearing on our Websites are correct. While our aim is to keep the Websites as up to date as possible, the information we provide on the relevant Websites at a particular time, including descriptions of Goods, However, due to ever-changing circumstances, this may not always reflect the position at the precise moment you place your order. Although we make every effort to provide accurate and helpful information, commentary and other materials posted on our Website should be treated as a guide only and not intended to be completely reliable advice. Please note therefore that BEBESTMEDIA LTD disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to our Websites, or by anyone who may receive information concerning any of its contents.

Digital Goods

Unless there is a problem or fault with a digital pattern or any other digital Good provided in downloadable format, once you have downloaded it cannot be cancelled or returned.

Our Websites allow you to “purchase” Digital Patterns and other digital Goods in the form of an irrevocable, non-exclusive, non-transferable and non-sub-licensable license. This will be granted to you provided that your duties are fulfilled under these Terms of Sale, including but not limited to the provision of information and payment. It is not permitted to breach the terms of such licence by copying, distributing, or using the Digital Good in any way other than for the purpose it is intended.

We reserve the right to review Digital Patterns uploaded to our Website by independent designers, and shall take reasonable steps to ensure the quality of Digital Patterns. However, we cannot make any guarantee as to the quality, saleability or fitness for purpose of such Patterns, which are made available on an “as is” basis without any representation, warranty or condition. As for the patterns included in the issues of the Magazine, they are provided by independent designers, binded by another contract that obliges them to take responsibility for accuracy of their patterns. Therefore, the liability we have in regard to you in respect of any Digital Good shall be strictly limited to the Order Price you paid for same.

Returns And Refunds

Once downloaded, you shall not be able to cancel your order or “return’ the Digital Good except in the case of a fault or defect, notwithstanding the terms in these Terms of Sale relating to Goods other than Digital Downloads.

In the case of a fault occurring with Digital Good, you have a period of up to 30 days from the date of purchase to contact us at [email protected]. During this period, you bear sole responsibility for downloading the Digital Good and checking for faults regarding same. It will not be possible to issue a refund after this time under any circumstances. 

While both we and/or the Designers with which we work take all reasonable care to check the patterns for accuracy, there is always room for human error. Such errors in the contents of the Digital Goods cannot be the basis for refund. To notify us about the problems with the contents of the Patterns, contact us at [email protected]. We reserve the right to consider each complaint individually and, if possible and applicable, provide an errata for the product purchased.

Price

For the time being, our Websites sell Digital Goods only, therefore no delivery costs apply. Our product prices include applicable sales tax and the total order price will be displayed to you before payment. YourCrochet reserves the right to change the price of the Goods at any given moment and without prior notice.

 

Payment

Payment can be finalized through PayPal only. Although all reasonable care is taken in this regard and we employ SSL encryption technology, it is important to be aware of the risks in any transmission of data over the internet.

 

We undertake to take all reasonable care to keep the details of your order and payment secure, insofar as it is in our power to do so. However, we cannot be held liable for any loss you may suffer, in the absence of negligence on our part, if a third party manages to procure unauthorised access to any data you have provided when accessing or ordering from the Website.

The currency in which the price is displayed on the Website will be the currency in which payments are taken.

Delivery

You bear sole responsibility for inspecting the Goods on delivery (in the case of Digital Goods, this shall mean checking receipt of the Order Confirmation containing the link to download such Digital Good). 

Cancellation

In the case of Digital Goods, shipping your order is automatic and cannot be canceled if the order and payment has been completed. For our part, we may cancel and refund your order in the unfortunate and unlikely event of a price and/or description error affecting the product concerned. 

 

You may also cancel an order already placed with us for a full refund of the cost of the Goods and any shipping charges, provided the Goods have not already been downloaded by you in the case of Digital Patterns and Digital Goods.  

 

In the unlikely event that the price and/or description of an item listed on the Website has been incorrectly advertised, we reserve the right to cancel the Contract between us. Therefore, we will not consider ourselves to be under any obligation to provide those Goods to you. Should we discover the error before sending an Order Confirmation, we will, subject to our discretion, take two courses of action: a) either reject your order and send you notification of such rejection, or b) inform you as soon as possible and provide you with the option of cancelling your order or reconfirming it at the correct price and/or description. Should we discover the error after sending you an Order Confirmation we may, at our discretion and without incurring any liability to you, cancel the Contract. This would be done on the basis that the error is, in our reasonable estimation, obvious and clearly identifiable and something you could and should have reasonably recognized. We undertake to notify you should we cancel the Contract and you will consequently receive a full repayment of the amount paid to us. This action is to be treated as full and final settlement of all and any claims you may have as against us for non-delivery.

Software

You are not permitted to use the Websites should you be located in a country which the United States of America and United Kingdom have listed as an embargoed trade country or is listed on their Table of Deny orders. Furthermore, to the extent applicable, software from the Websites is subject to United States and United Kingdom Export Controls. In addition, it is not permitted to download or export software from the Websites (i) into (or to a national or resident of) any other country to which the United States and United Kingdom have placed an embargo on goods; or (ii) anyone in the United States Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Deny Orders (analogously in the United Kingdom). If applicable to you, by downloading or using software on the Websites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.

Severability

It is our belief that these terms are fair and sensible. Even if one or more of these terms proves to be unenforceable, the remaining terms herein will remain in force.

Should any provision of these Terms of Sale be deemed invalid, void, or for any reason unenforceable, that/those provision(s) shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.

Force Majeure

Neither BEBESTMEDIA LTD, nor our affiliates, directors, employees or contractors will be liable in any way for loss, damage, costs or expenses (including, but not limited to, loss of reputation, office time or profit) arising directly or indirectly from any failure or delay in performing any obligation under a Contract by reason of any event or circumstance outside our (or their) reasonable control, including (but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.

Applicable Law And Jurisdiction

These Terms of Sale, a Contract and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed and construed in accordance with the laws of the Republic of Poland. Furthermore, you and BEBESTMEDIA LTD shall irrevocably submit to the non-exclusive personal jurisdiction of the courts of Poland and waive any objection to venue in such courts.