TERMS & CONDITIONS

Last updated 10th April 2021

 

Overview

This website is owned, maintained and operated by Level 101. Level 101 offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing any products from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you must not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to the website following the posting of any changes constitutes acceptance of those changes.

 

1. Definitions

a) “Level 101” means an online shop owned by Lukasz & Comfort Forster also referred to as “we” or “us” in these terms and conditions.

b) “Force Majeure” means any clause affecting the performance by Level 101 of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.

c) “Working days” means Monday to Friday, excluding Bank or other Public holidays.

 

2. Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

3. Orders

a) All contracts of sale made by Level 101 shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party (“the Customer” ) with whom Level 101 is dealing. Cancellation of orders by consumers can only be accepted in accordance with the Consumer Contracts Regulations 2014.

b) All orders are subject to acceptance and to availability of the goods ordered. Level 101 is entitled to refuse any order placed by you.

c) You undertake that: 1. all details you provide to us for the purpose of purchasing goods or services offered on our website are correct and 2. The credit or debit card you use to make a purchase from us is your own or your company’s card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.

 

4. Prices

a) All prices are inclusive of VAT at the current rates where applicable and are correct at the time of entering information.

b) Level 101 reserves the right to change prices without prior notice.

c) We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

d) We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

5. Delivery, Title and Risk

a) Any time or date stated for delivery is an estimate only. Level 101 makes every effort to despatch goods on time, but does not accept liability for failure to deliver within the stated time

b) If Level 101 is unable to deliver the goods within 30 days of the date of order, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to Level 101 in respect of that order to be refunded. In order to cancel, the Customer must send a written notice of cancellation to Level 101 after the above date, but before delivery of the goods, or notification from Level 101 that the goods are ready for delivery.

c) Level 101 does not accept liability for shortages or damage to deliveries unless the Customer notifies Level 101 of the shortage or damage in writing within 7 days of receipt of the delivery.

d) The customer has to accept the goods when they are ready for delivery.

e) Delivery is deemed to take place when the goods are delivered to the Customer’s nominated address, whereupon the risk of loss, breakage and all damage and all other risks shall pass to the Customer.

f) Title in the goods does not pass to the Customer until payment is received in full by Level 101.

g) If the customer cannot accept delivery, Level 101 may at its option:

(1) store and insure the goods at the Customer’s expense and risk or (2) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or (3) re-arrange delivery provided that Level 101 may charge the Customer for the additional delivery costs incurred.

 

6. Payment

a) Payment can be made by any major credit or debit card. Payment will be debited and cleared from your account before the dispatch of your good(s) or provision of service to you.

b) You confirm that the credit/debit card that is being used is yours.

c) All credit/debit card holders are subject to validation checks and authorisation by the card issuer and we may share your personal information with such parties as are necessary to enable us to do such checks. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.

 

7. Product Specifications

a) Level 101 makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions, specifications and, in the case of bulk items, quantities without prior notice.

b) If Level 101 cannot supply the goods ordered by the Customer, Level 101 reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to Level 101 in respect of that order. This shall be the sole remedy of the Customer in these circumstances.

c) Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.

d) We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. Images used to present the products may be mock-up templates showing our design. Even though we try to do our best to illustrate the size of the design, there might be slight differences in design size between product image and physical product delivered to the Customer.

e) We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.

f) We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

 

8. Warranties and Returns

a) Level 101 is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases, we offer the returns facilities described below.

b) All goods supplied by Level 101 are warranted to be generally free from defects in workmanship and materials and fit for the purpose for which such goods would normally be used. If you purchase goods in the course of your business, all other express or implied terms or warranties relating to the goods are excluded to the fullest extent permitted by law. Subject to this, however, goods are not tested or sold as being fit for any particular or for use under specific conditions, unless expressly agreed in writing. All services provided by Level 101 will be provided with reasonable skill and care and within a reasonable period. If you purchase services in the course of your business, all other express or implied terms or warranties relating to the services are excluded to the fullest extent permitted by law.

c) Subject to the right of consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000 Level 101 does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.

d) In the event that Level 101, at its discretion (unless the Consumer Contracts Regulations apply), agrees to accept the return for credit of unwanted products, the goods must be returned within the guidelines of the Returns Policy.

 

9. Level 101’s Liability

a) Level 101 shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, (including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships, loss of data and other financial loss. (“Financial loss” in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). Level 101’s liability in respect of all other losses shall be limited to the invoiced amount of the relevant order, provided it has been paid. b) Nothing in this agreement shall limit Level 101’s liability for death or personal injury caused by its negligence.

 

10. Promotional Offers

On occasion Level 101 chooses to run promotions and offers on selected products or lines. Qualifying promotions and offers will be automatically applied to your order both on the website and in-store and are subject to the below terms and conditions:

With the exception of free delivery offers, promotions cannot be used in conjunction with any other offers
Offers are valid only on the full price products indicated
Offers are valid for limited time periods except clearance sale items
Gift Cards and our Gift Box service are exempt from all offers
If an item is returned for a refund that brings the amount spent below any qualifying amount, the refund may be reduced to reflect this
All offers are subject to stock availability. Level 101 reserves the right to amend, withdraw or extend offers at any time, without prior notice

 

11. Health and Safety

In accordance with the Health and Safety at Work, etc Act 1974 and the Consumer Protection Act 1987, Level 101 confirms that the goods it supplies as a distributor do not present a hazard to health and safety 1. when properly used for the purpose for which they are designed; and 2. if the Customer takes reasonable and normal precautions in their use.

 

12. Force Majeure

Where, in spite of its reasonable efforts, Level 101 is unable to perform an obligation due to force majeure, it shall not be deemed to be in breach of its contract with the Customer.

 

13. The Consumer Contracts Regulations 2014

a) Contracts for the purchase of goods by a Customer not acting in the course of a business and made through the Level 101 website are, with the exception of certain excepted contracts, subject to The Consumer Contracts Regulations 2014 (“the Regulations”). b) If the Regulations apply, Customers may cancel goods purchased from Level 101 by sending a written notice of cancellation by e-mail to [email protected]

c) The notice of cancellation must be sent within 14 working days of the date of delivery after the goods are received.

d) The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to Level 101, the Customer is under a duty to make the goods available for collection at the Customer’s expense from the address to which they were delivered.

e) The Customer is under a duty to retain possession of the goods whilst awaiting return to Level 101 and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation.

 

14. Errors and Omissions

a) Level 101 makes every effort to ensure that all prices and descriptions quoted on its website are correct and accurate. However, the nature of e-commerce makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, Level 101 will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer’s order and/or received payment from the Customer. Level 101’s liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by Level 101 after the manifest error has been discovered.

b) A ‘manifest error’, as the term is used in sub-paragraph a) above, means, in relation to an incorrect price, a price quoted in error by Level 101 which is more than 10% less than the price that would have been quoted had the mistake not been made.

 

15. General

a) Nothing in these terms and conditions affects your statutory rights as a consumer

b) If any provision in this agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.

c) Any waiver of a breach of this Agreement must be in writing

d) Any variation of this Agreement must be in writing and signed by a duly authorised Level 101 official.

e) The headings are for convenience only and shall not affect the interpretation of this Agreement.

f) Any notices given under this Agreement shall be in writing and sent: 1. by first class prepaid post to the last known address of the party; or 2. by fax to their last known fax number; or 3. by e-mail to the last notified e-mail address of the party.

g) The notice shall be deemed served: 1. two working days after posting; or 2. upon receipt of a successful fax transmission report; or 3. after system confirmation of e-mail delivery

h) These terms and conditions shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts

i) Level 101 reserves the right to change or amend these terms and conditions at any time and without prior notice.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

16. Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

17. Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by, or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to, or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

18. Optional Tools

We may provide you with access to third-party tools over which we neither monitor, nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from, or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with, and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

19. Third-party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that might and might not be affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability, or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

20. User Comments, Feedback and other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

21. Personal Information

Your submission of personal information through the store is governed by our Privacy Policy, which is available to read here: Privacy Policy

 

22. Errors, Inaccuracies and Omissions

Occasionally there may be information on our site, or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service, or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

23. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

24. Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of www.level101.co.uk website will be uninterrupted, timely, secure or error-free.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, www.level101.co.uk is at your sole risk. The service and all products and services delivered to you through Level 101 are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Level 101, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

25. Indemnification

You agree to indemnify, defend and hold harmless Level 101 and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

26. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

27. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

28. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

29. Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the United Kingdom laws.

 

30. Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

31. Contact Information

Questions about the Terms of Service should be sent to us at [email protected]

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Level 101