TERMS AND  CONDITIONS

Effective Date: December 16, 2022

Welcome to the UPHOOME website. Your purchase of our products (“Products”) and your use of our website at www.uphoome.com (referred to as the “Site”) are governed by these terms and conditions and the policies mentioned herein (“Terms” or “Terms of Service”). By making use of the Site and acquiring our Products, you are entering into a contractual agreement with UPHOOME LLP. (trading as “UPHOOME”), whose registered office is located at128 City Road, London, United Kingdom, EC1V 2NX. In instances where applicable, the terms “UPHOOME,” “we,” “us,” and “our” pertain to UPHOOME, while “you” or “your” denotes the user of the Site.

By utilizing the Site, you affirm and guarantee that you are at least 18 years old or that you are using the Site under the supervision and with the consent of a parent or guardian.

Our Products, along with any samples that may be provided to you, are intended for personal use or as gifts only. You should not purchase our Products for the purpose of resale or any other commercial activities.

BY PLACING ORDERS FOR OUR PRODUCTS AND USING THE SITE, YOU HEREBY CONSENT TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE REFRAIN FROM PLACING ORDERS ON THE SITE OR USING IT.

GENERAL

We retain the authority to alter, amend, supplement, or eliminate any section of these Terms at our own discretion, and this may be done without any prior notice to you. It is your responsibility to review these Terms for any modifications each time you utilize the Site. By continuing to use the Site or making purchases following the publication of any adjustments, you acknowledge and consent to such modifications.

Furthermore, we possess the right to cease or limit your access to the Site, or any of its components and functionalities, at any time and for any reason, without providing you with prior notice.

PRICES & PRODUCT DESCRIPTION

The Product price does not include customs duty and VAT. We maintain the right to periodically adjust our prices.

All prices do not encompass delivery charges or handling fees, which are included in the overall order cost and will be visible to you during the checkout process. The delivery charges you incur will be determined by the delivery option you select.

We make reasonable efforts to present the colors of our Products on the Site as accurately as possible. However, please be aware that the actual colors may vary depending on your monitor. Consequently, we cannot guarantee that the color displayed on your monitor will precisely match the color of the Product you intend to purchase.

Although we endeavor to furnish precise information on the Site, there may be instances of errors, inaccuracies, or omissions concerning pricing, product descriptions, availability, promotions, and other details or materials on the Site. We reserve the authority to rectify any such errors, inaccuracies, or omissions, and to alter or cancel orders if any information on the Site is found to be inaccurate, at any time and without prior notice, even after you have submitted your order.

ACCOUNT CREATION

To access specific features or services on the Site, you must create a UPHOOME user account, which involves setting up a unique password. It is essential to note that you cannot use someone else’s account or password without their explicit permission.

You bear full responsibility for safeguarding the confidentiality of your User Account password and monitoring all activities occurring within it. We cannot be held liable for any loss, theft, or unauthorized use of your User Account under any circumstances. You agree to promptly inform us of any unauthorized usage of your User Account, password, or any other security breaches on the Site.

We retain the right to terminate accounts at our discretion, including situations where we suspect a breach of these Terms or your actions are in violation of applicable laws or detrimental to our interests.

You have the option to close your account at any time, following the guidelines provided on the Site or by reaching out to us as outlined in the “Contact Us” section below.

Please be aware that terminating or canceling your User Account may result in the forfeiture of any assets held, including points and wallet balances, unless an alternative arrangement has been agreed upon in advance or is legally required. You are not entitled to seek compensation from us for any losses or expenses incurred due to the termination of your account.

PLACING ORDERS

To purchase Products, you can initiate an order by following the on-screen instructions after selecting the desired item. You’ll have the chance to review and modify your order until you confirm it by clicking the “Place Order” button.

Various payment methods, such as Visa, Mastercard, JCB, Diners’ Club, Paypal, Klarna, Afterpay, Discover, and online banking, may be available on the Site. You may also apply your Shine & Share points or UPHOOME Wallet assets when applicable. Depending on your chosen payment method, specific terms and conditions of the payment provider might apply, and you may need to provide additional details on their website to finalize your order.

After placing your order, we will process it and send an email confirmation (“Order Confirmation”) to the address you provided during checkout, outlining your order details. It’s important to note that the Order Confirmation and the charging of your payment method merely signify receipt of your order and not its acceptance.

Our acceptance of your order and the completion of our contract occur when we dispatch the Product(s) to you, and your payment method is charged at the time of ordering.

By offering to purchase our Products, you explicitly authorize us to conduct credit checks for identity verification, validate your credit/debit card, acquire initial credit/debit card authorization, and approve individual purchase transactions.

In certain situations, we may be unable to accept an order and may need to cancel it. This could be due to reasons such as a Product being out of stock, a pricing or description error, or failure to obtain payment authorization. We retain the right to cancel or suspend any transactions suspected of being fraudulent or made for commercial purposes. If we cancel your order, there will be no charge to your credit card, and if payment has already been taken, a full refund will be issued to your original payment method.

You are responsible for ensuring the accuracy of all information provided during the ordering process. If you discover an error in your order after completing the payment process, please promptly contact our Customer Services to rectify it. If any missing or incorrect information impedes shipment, delivery, or customs clearance, we will not assume responsibility and will not offer compensation.

DELIVERY

Prior to finalizing your order, you will have the opportunity to select from various delivery options, each offering estimated delivery times, contingent upon the delivery address.

The estimated delivery times, as shown on the Site, are subject to change based on the availability of the ordered Products. These delivery times are measured in working days and represent the average duration required for order preparation and delivery to the designated address.

To clarify, the total time for receiving your order equals the processing time plus the shipping time.

UPHOOME maintains international warehouses located in both America and Asia. Our team strives to expedite the processing of your order. Whenever feasible, your order will be dispatched from the nearest warehouse. However, it’s important to note that a significant portion of our inventory is situated in China, which may result in the receipt of multiple packages for a single order.

In the event that you encounter any of the following issues: 1) your package hasn’t been delivered within the stipulated timeframe; 2) tracking information indicates delivery, but you haven’t received the package; or 3) your package contains missing or incorrect items, kindly reach out to our customer service within 30 days from from the change in order status to “delivered.”. This will enable us to promptly address these issues.

Should your parcel arrive damaged, open, or lacking the Products you ordered, please contact Customer Services within 24 hours of receiving the parcel. Rest assured, this action will not affect your statutory rights.

While we make every effort to ensure that your package is delivered within the estimated time frame, please be aware that the actual delivery date may be influenced by factors such as flight scheduling, weather conditions, and other external variables. For the most precise delivery date, we recommend consulting the tracking information provided.

WALLET, BONUS POINTS and PROMOTIONAL COUPONS

Upon the creation of a User Account, you will receive an UPHOOME digital wallet, referred to as the “Wallet,” which serves as a repository for collecting and holding Wallet credits. Access to the Wallet can be found under “My Account” -> “My Wallet.”

Unless otherwise specified, bonus points, promotional coupons, wallet credit, or gift cards can only be redeemed on the UPHOOME website through which they were originally provided.

Bonus Points: The acquisition of bonus points is possible through various means, including site usage and engagement with our social media channels, as well as purchasing goods in accordance with specific terms and conditions. The issuance of Bonus Points is at the discretion of UPHOOME and is subject to potential expiration and cancellation by UPHOOME.

Promotional Coupons: Coupons may be obtainable through periodic purchases from UPHOOME or granted at the sole discretion of UPHOOME. These coupons are subject to predefined validity periods and any additional restrictions imposed by UPHOOME in its sole discretion.

Wallet Credit: Wallet credit can be earned by returning goods and selecting credit as your preferred refund option.

CANCELLATIONS, RETURNS & REFUNDS

You have the option to change your mind and cancel any order you have made with us within a 14-calendar-day period starting from the date of product delivery.

Please note that your right to withdraw does not apply to customized products, gifts, or gift cards.

To initiate a cancellation, you must inform us of your decision by using the designated function on our Site, following the guidelines outlined in our Return Policy page, or reaching out to our Customer Service Platform.

Products should be returned to us following our instructions, and they should reach us no later than 14 days after the date on which you notified us of your intent to cancel. Further information on our return process can be found in our Returns Policy.

It’s important to emphasize that body jewelry is categorized as a personal product and is shipped in sealed packaging for hygienic reasons. To qualify for a refund, please refrain from opening, using, wearing, or washing it. Ensure that the parcel remains undamaged and unaltered, with the original packaging, safety seals, labels, and tags intact. We reserve the right, at our discretion, to adjust your refund to account for any reduction in the item’s value.

In cases where the returned order complies with our return policy, we will refund the cost of the goods. However, please be aware that shipping and handling fees (including customs duty, warehouse, and customs clearance processing fees) are non-refundable.

The refund will be issued within 14 days from the date we receive the returned goods, and you have the choice of having it refunded to the original payment method or to your UPHOOME Wallet, as per your preference.

It’s important to note that as a consumer, you possess legal rights pertaining to products that are faulty or not as described. These legal rights remain unaffected by your right to return and receive a refund under these Terms. Guidance on your legal rights can be sought from your local Citizens’ Advice Bureau or Trading Standards office.

In the event that you have returned a Product to us due to it being faulty or not matching the description, we will promptly assess the Product. If you notify us within 30 days, and we confirm the non-compliant nature of the Product, we will provide a full refund, inclusive of the Product’s price, any applicable delivery fees, and reasonable return costs you may have incurred (provided you can furnish a relevant receipt).

The refund will be processed using the same payment method employed for the initial purchase, unless a different arrangement has been expressly agreed upon. We may retain the refund until we have received the returned Products or you have provided satisfactory proof of having sent them back.

INTELLECTUAL PROPERTY RIGHTS

Content of the Site

(1) We hold ownership or licenses for all the information and content featured on our Site, which encompasses but is not limited to text, software, database rights, video, music, sound, graphics, photographs, illustrations, artwork, interactive features, and other materials collectively referred to as “Content.”

(2) The Site and its Content are safeguarded by copyright, trademark rights, and various other intellectual property rights. All rights are reserved, and any rights not explicitly granted to you within these Terms are expressly excluded.

(3) Aside from the limited right to use our Site for your personal, non-commercial purposes in compliance with these Terms, you do not acquire any rights or licenses for our Site and/or the Content. You are prohibited from using, copying, reproducing, recompiling, decompiling, disassembling, reverse engineering, distributing, publishing, displaying, performing, modifying, uploading to create derivative works, transmitting, or in any other manner exploiting any part of our Site or the Content without obtaining the consent of either us or our licensors.

(4) You agree not to: (a) bypass, disable, or otherwise disrupt security-related features of the Site or the use of the Content; (b) knowingly transmit any malicious or harmful programs or materials with the intent to adversely affect the operation of the Site; or (c) engage in, facilitate, authorize, or permit any text or data mining or web scraping activities related to the Site.

UPHOOME Brands

The trademark “UPHOOME” and associated trademarks, service marks, icons, graphics, word marks, designs, and logos, collectively referred to as the “UPHOOME Marks,” are the property of UPHOOME or its affiliated entities. You do not possess, nor will you attain, any right, title, or interest in or to any of the UPHOOME Marks. It is not permissible for you to promote or distribute products, provide services under or make reference to, or in any way utilize or replicate any UPHOOME Marks without obtaining our prior written consent. All other word and/or figurative marks, icons, graphics, designs, and logos that are not categorized as UPHOOME Marks belong to our licensors.

Contributions

(1) When you upload, post, share, or otherwise contribute content or materials, such as text, photos, videos, audio, opinions, ratings, reviews, comments, or user-generated content (“UGC”) on our Site (“Contributions”), you are granting us an enduring, non-revocable, global, royalty-free, fully sub-licensable, and transferrable right and license. This permits us to utilize, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and distribute these Contributions. We may also incorporate these Contributions into any format, medium, or technology within our Site or for other purposes.

(2) By submitting Contributions, you acknowledge that these Contributions are not confidential. We and our third-party service providers may employ your email address to get in touch with you regarding your Contributions and for other permissible reasons.

(3) When posting a Contribution on our Site, you affirm that:

      • Your Contribution is truthful, accurate, and, if expressing opinions, represents generally held views.
      • Your Contribution is suitable for a family audience.
      • You are at least 18 years old or have obtained prior authorization from a parent or guardian to publish the Contribution.
      • You are the author of the Contribution and have relinquished all moral rights in relation to it.
      • The Contribution does not infringe upon the intellectual property rights of third parties.
      • You are not using a false email address, impersonating someone else, or engaging in misleading activities regarding the origin of your Contribution.
      • The Contribution does not contravene these Terms, any applicable laws, or the rights of any third parties

(4) You are prohibited from posting any Contributions, or uploading, distributing, or otherwise publishing any content, information, or materials through the Site that could reasonably be interpreted as involving, containing, supplying, or endorsing any of the following:

      • Content of a sexually explicit or pornographic nature.
      • Profanity.
      • Comments or incitements that are derogatory, defamatory, discriminatory, or hateful towards specific individuals or groups based on factors such as race, ethnic origin, religion, gender, disability, age, nationality, and so forth.
      • Incitements to violence or engagement in other perilous activities.
      • Content related to terrorism or other criminal actions.
      • Harassment, bullying, or threats.
      • Promotion of dangerous products, illicit drugs, or the inappropriate use or sale of tobacco and/or alcohol.
      • Transactions involving cryptocurrencies.
      • False claims or content related to medical matters.
      • Content that infringes upon the intellectual property rights of any individual.
      • Content that you lack authorization or legal rights to share, post, or display.
      • Any other content that could potentially be regarded as unlawful, insensitive, offensive, or restricted under applicable laws or regulations.

(5) You recognize and consent to the fact that UPHOOME retains the sole discretion to remove or obstruct any Contributions it deems to be in violation of the aforementioned requirements. Additionally, you acknowledge that UPHOOME is not obligated to actively monitor, moderate, or pre-screen Contributions before they appear on the Site. You bear full responsibility for your Contributions, and we explicitly disclaim any liability for any losses or damages arising from your Contributions or any actions we may take in response to them. Please be aware that the opinions expressed by other users on our site do not reflect UPHOOME’s views or values.

(6) Just as we request that others respect our intellectual property rights, we also honor the intellectual property rights of others. If you believe that material found on the Site infringes upon your copyright or any other intellectual property rights, please contact us via email at legal@uphoome.com.

LIMITATION OF LIABILITY

Unless specific warranties are explicitly provided at the time of purchasing Products from us, we do not offer any warranties or guarantees beyond those mandated by applicable law. These legal implications include, for instance, the assurance that the products are of satisfactory quality and reasonably suitable for the common purposes for which products of that nature are typically supplied.

We shall not be held responsible for any failure to comply with or delay in fulfilling our obligations under these Terms or other agreements when such events are beyond our reasonable control.

These Terms do not restrict or exclude our liability for the following: (a) violation of statutory rights or essential contractual obligations; (b) injury or death resulting from our negligence; (c) fraudulent misrepresentation; or (d) any other liability that cannot be legally excluded.

We shall not be liable for the loss of revenues, profits, contracts, business, anticipated savings, or any other indirect losses that you may incur as a result of or in connection with any aspect covered by these Terms.

With the exceptions noted above, our liability for losses arising from the purchase of Products is limited to the purchase price and the losses that could have been reasonably anticipated by you and us at the time you agreed to these Terms.

With regard to liability related to the sale of the Products, it’s important to note that we cannot be held accountable for any direct or indirect damages, regardless of the cause, origin, nature, or consequences, arising from the use of the Site. This includes situations such as Site interruptions, inaccessibility, virus occurrences, errors, inaccuracies in Site information, or damages resulting from fraudulent actions by third parties on the Site.

Fraudulent activities concerning claims, such as false claims of missing orders or damaged items, may result in criminal prosecution, and we retain our right to take appropriate legal action.

Our Site may include links to third-party websites that are not owned or under our control. We lack authority over these third-party sites, assume no responsibility for them, and do not endorse or validate their content, privacy policies, or practices. We do not make any guarantees or representations regarding the accuracy, completeness, or timeliness of content posted on the Site by anyone other than us. It is strongly advised that you carefully review all terms and conditions and privacy policies associated with third-party websites.

PERSONAL DATA

By using the Site, you confirm that you have read and understood our Privacy Policy which sets out how we collect, process and use your personal data.

LEGAL TERMS

These Terms, along with any legal notices published on the Site, collectively constitute the exclusive and sole agreement governing your use of the Site. They override all prior terms, agreements, discussions, and written materials pertaining to the subject matter.

In the event that any provision of these Terms is determined to be unenforceable, the validity of the remaining provisions within these Terms shall remain intact and fully effective.

No waiver of any term contained in these Terms shall be interpreted as a subsequent or ongoing waiver of that specific term or any other term. Our failure to assert any right or provision under these Terms shall not be construed as a waiver of said right or provision.

GOVERNING LAW AND JURISDICTION

These Terms are subject to and will be interpreted in accordance with the laws of England and Wales. Any disputes arising from or related to these Terms and Conditions will fall within the jurisdiction of the English Courts, with a non-exclusive scope.

CONTACT US

We welcome your questions and comments about these Terms and our privacy practices. You may contact us anytime at , legal@uphoome.com