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Terms and Conditions

 

About Us 

Yho!Yho! is proud to be working with fair trade suppliers. We  sell artisan-made, unique backpacks for children.  If you have suggestions or comments we are always happy to hear them. Further information regarding returns or complaints is given in our terms and conditions which follow.

Our Contact details

Yho!Yho!  5 Waverley Gardens, Darnick, Roxburghshire TD6 9AF

Tel:  01896 820318

Email: info@yhoyho.com

We are delighted that you are visiting our website. Here we set out the terms and conditions to which the access and use of this website and the products and services available through this website (collectively the "Services") are subject (the "Terms of Service"). Please read these Terms of Service. By accessing or using any part of the site, and ordering from us, you agree to be bound by these Terms and Conditions of Service.

You may keep a copy of these terms and conditions of service for future reference.

Terms relating to use of Website
By agreeing to these Terms of Service, you are confirming that you are at least 18 years old and legally capable of entering into binding contracts or if applicable, you have given consent to allow any of your minor dependants to use this site. If you are not legally capable of entering into contracts then we are legally entitled to cancel the order with you.

We reserve the right to update or change any part of the Terms of Service. It is your responsibility to check this page regularly for such changes. Your use of the website following any changes constitutes acceptance of them. Any new features which are added to the current site shall also be subject to the Terms of Service, and it is your responsibility to monitor any changes to the site.

Access to the website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason all or part of this website is unavailable at any time or for any period.

This website may contain links to other including websites which are not operated by Yho!Yho! ( The" Linked sites") Yho!Yho! has no control over the Linked sites, and accepts no responsibility for them or any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms use and service contained within each site. . Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

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

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws  (including but not limited to copyright laws). You may use the product images in connection with the advertisement or promotion of Yho!Yho! products but not for any other purpose without our express permission.

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

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Making a Purchase

Enjoy browsing our backpacks, and use the "Add to Cart" button to select your purchase. From the Shopping cart, click "Checkout" where you will be asked for the details required to complete your order, including payment. By placing an order you are making an offer to purchase goods, and subject to our Terms and Conditions. We will send you an email acknowledging receipt of your order. Please be aware however that the contract for purchase of the goods is only agreed and accepted by us when we send you a further email confirming dispatch of your order.

Unique Variation 
We have made every effort to show the colours and images of our elephant backpacks on the Yho!Yho! website as accurately as possible. Relevant dimensions are also given for  information. However, your chosen products may vary slightly from their images and there may be minor variations in dimensions.

We are proud of the quality craftsmanship of our products. Each of our backpacks is handmade and created from fabric which is woven in small batches in the traditional way. As a result there is slight natural variation inherent in the fabric and creation of each backpack. We truly believe this adds to the beauty and individual character of each elephant as a unique gift. 

Prices and Payment

All prices displayed are inclusive of VAT. All prices advertised are subject to change. 

Payment must be made at the time of ordering using a valid credit or debit card acceptable to us or by Paypal. When placing an order you undertake that the details provided are true and accurate, that you are the authorised user of the credit or debit card used to place the order and that there are sufficient funds to cover the cost of the goods. 

We can also usually accept payment by debit/credit card over the phone on 07870921330.

Unfortunately goods cannot be dispatched until payment is received by us in full.

Delivery costs are charged in addition to the cost of your oder and the "Total Cost" will be clearly displayed on the checkout page. The Delivery cost will vary according to which delivery option you have selected, and the destination of your order.

Delivery Schedule

We aim to dispatch your order within one working day of receiving payment for the order. Our elephants are wrapped in premium quality, recycled tissue paper and packed in a sturdy card box for delivery. This creates a lovely gift parcel and protects them in transit. For each backpack packed separately and for delivery within the UK, First class signed for delivery is £4.95. Please see our Delivery page for full details of delivery options.

Returns Policy

Under the Consumer Protection (Distance Selling) Regulations 2000 you have the legal right to cancel your order up to 14 days after the order is delivered to you (or your representative). You do not have to give a reason for cancelling (although we welcome any kind of feedback).

If you wish to cancel your order, please contact us at: info@yhoyho.com, or by phone on 07870921330

If the goods have not been dispatched then you are entitled to a full refund of purchase price  plus the shipping cost paid.

If the good have been dispatched to you or you have already received your order, then you will need to pay the shipping costs of the return. Once we receive the goods, the purchase price will be refunded.

Please note that goods must be returned in the original packaging, and their original condition. If the good are damaged or without the original packaging we reserve the right to refuse a full refund.

Where you believe the goods to be defective or damaged on receipt, please return the products to us as soon as possible. If  the goods are found to be faulty you will be entitled to a full refund of reasonable return postage, purchase price and original shipping cost. 

Exchanges  

 If you wish to exchange one backpack for another we are more than happy to do this if we have stock, and if you contact us within the 14 days of receipt of your order. The goods must be received back by us in the original packaging and condition.

If you have received your order, the cost of its return will be your responsibility and also the cost of postage of the exchanged item. Please contact us to arrange this. If your order has not been dispatched and you change your mind about a colour preference, then there is no charge. Please contact us as soon as possible  to request such a change. 

Privacy Policy
Yho! Yho! is committed to protecting customer's data.  

We will not disclose buyers information to third parties, other than to enable delivery of your order unless we have your permission, or are required by law to do so. By using this website you consent to our use of data provided by you in accordance with the requirements of the Data Protection Act 1998.                                                                                                     

What about marketing emails? 

If you browse our website or have made a purchase from us, we may offer to update you on our latest products or occasional news from our suppliers. We will always provide you with the opportunity to decline such emails. 

How do I withdraw my consent ?

If you initially agree and then change your mind, you may withdraw your consent for us to contact you, at anytime, by contacting us at: info@yhoyho.com or writing to us at:  Yho!Yho! 5 Waverley Gardens, Melrose, TD6 9AF, United Kingdom.

Cookies                                                                                                                                     

A cookie is a small file which asks permission to be placed on your computer's hard drive. If you agree, the file is added and the cookie remembers the email address of sites which you visit and allows web applications to gather information and respond to your preferences. Cookies also help analyse web traffic and indicate which pages of a website are useful or not. Information is collected for statistical purposed only. Many web browsers automatically accept cookies, but you can change your browser setting to prevent cookies being stored without your consent. This may prevent your full use of the Yho!Yho! website.

Here is a list of cookies that we use. We’ve listed them here so you can choose if you want to opt-out of cookies or not.
session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.

Security
Our store is hosted on Shopify Inc. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall. Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. 

Please note that when you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements. Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Unintentional Errors
Occasionally there may be information on the Yho!Yho! website 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 aim to maintain up to date information on our website,  but 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. 

Prohibited Uses
In addition to other prohibitions as set out in the Terms of Service above, 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.

Disclaimer of  Liabilities
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy and so we do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service 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 yhoyho.com, our directors, officers, employees, affiliates, agents, contractors, 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.

This does not affect Yho!Yho!'s liability for death or personal injury arising from our negligence, or that of our employees, nor for fraud or fraudulent misrepresentation as to any other liability which cannot e excluded or limited under applicable law.

Indemnity
You agree to indemnify, defend and hold harmless yhoyho.com, its directors, officers, employees, consultants, agents and affiliates, contractors, licensors, service providers, subcontractors and suppliers from any and all third party claims, liabilities, damages and/or costs ( including but not limited to legal fees) arising from your use of this website or your breach of these Terms of Service.
Invalidity
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.
Termination
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. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
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).

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.
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 laws of Scotland, and in the event of any dispute or claim shall be subject to the exclusive jurisdiction of the Scottish Courts.

Contact Information
Questions about the Terms of Service should be sent to us at info@yhoyho.com. Postal Address:  5 Waverley Gardens, Darnick, Roxburghshire TD6 9AF.

July 2017