Terms

OVERVIEW
Welcome to the EIGHTH WILL website located at https://www.eighthwill.com/ (the “Website” or “Site”) which includes all subdomains present and future. We hope you enjoy your visit and use of the Website, which may include the purchase of goods. By visiting and/or using the Website, you agree to be bound by the Terms and Conditions (the “Terms of Service”, “Terms”, “Policy”), including additional Terms accessed via hyperlink to Third Party domains.

A website visitor, user or purchaser may be referred to as; “you”, “your”, “browser” or “customer”.

Throughout the site the words “we”, “us” and “our” refer to EIGHTH WILL.

This Website is operated by EIGHTH WILL and hosted by Shopify Inc,. They provide us with the online e-commerce platform that allows us to sell products and services.

Your submission of personal information through the store is governed by our Privacy Policy.

This Policy was last modified on September 5 2018. EIGHTH WILL reserves the right, at any time without prior notice, to change or replace any of the Policy. Any modifications to the Policy may be found at this URL. It is your responsibility to check the Policy periodically for changes. Your use of the Website following the posting of any changes to the Policy constitutes to your knowledge, understanding and acceptance of our Terms.

If you have any questions about the Policy, or you wish to enquire about and/or access any information that EIGHTH WILL holds about you, please contact support@eighthwill.com.

 

INTRODUCTION
Where there are certain words or phrases used in the Terms of Service, they have specific meanings (known as ‘defined terms’). You can identify these defined terms easily as they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it is defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
EIGHTH WILL 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.

PRIVACY STATEMENT
EIGHTH WILL takes your privacy and security of personal information very seriously. We have provided a secure environment and this strict Policy that describes the limited ways information is used and the limited access to such information.

SECURITY INFORMATION
EIGHTH WILL uses only industry best practices (physical, electronic, and procedural) in keeping any data collected (including Personal Information) secure. In addition, EIGHTH WILL uses Third-Party services and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Website, and these third parties have been selected for their high standards of security.  Where you are making a purchase on the Website, all transaction data, including credit card information, is transferred by encrypted Secure Sockets Layer (“SSL”), the standard for internet transactions.

DATA COLLECTION AND GATHERING
EIGHTH WILL automatically collects your IP address, cookies, browser and computer type, access times, the web page from which you came, and the web page(s) you access (as applicable). However, this information does not identify or disclose your Personal Information. EIGHTHWILL uses this information for statistical purposes as a way of introducing improvements and the maintenance of this Site.

Your IP address and other relevant information may be used in order to trace any fraudulent or criminal activity, or any activity in violation of the Terms and Conditions.

COLLECTION OF PERSONAL INFORMATION
EIGHTH WILL does not, as a matter of course, gather any of your Personal Information while you are using the Website, unless you are asked to provide such information, for example by signing up for an account or for the mailing list, or making a purchase or making a refund. Personal Information is only gathered with your informed consent. Where you have provided Personal Information, it will only be used for the stated purpose.

NON-DISCLOSURE OF PERSONAL INFORMATION   
EIGHTH WILL does not, as a matter of course, gather any of your Personal Information while you are using the Website, unless you are asked to provide such information, for example by signing up to the mailing list, or making a purchase. Personal Information is only gathered with your informed consent. Where you have provided Personal Information, it will only be used for the stated purpose.

Moreover, EIGHTH WILL does not sell, rent, trade or license any Personal Information regarding its users to third parties. Only the employees, representatives, subcontractors, officers, agents, or assigns of EIGHTHWILL are responsible for the management of the Website, and only these individuals have access to the information collected there. These employees, representatives, subcontractors, officers, agents or assigns all have been instructed to comply with the Policy.

Notwithstanding anything in the Policy to the contrary, we may share any information we have collected about you or that you have submitted: (1) in response to subpoenas, court orders, or legal process, or to establish, protect, or exercise our legal rights or defend against legal claims or demands; (2) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person, or any violation of the Terms and Conditions; (3) if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Website infrastructure or the Internet in general (such as voluminous spamming, denial of service attacks, or attempts to compromise the security of the Website infrastructure or the Website generally); (4) to a parent company, subsidiaries, joint ventures, or other companies under common control with EIGHTHWILL (in which case we will require such entities to honour this Policy); (5) if EIGHTHWILL is acquired by or merged with another entity (in which case we will require such entity to assume our obligations under this Policy, or inform you that you are covered by a new privacy policy).

EIGHTH WILL uses certain third-party services in order to augment the Website. Personal information may be transferred from EIGHTHWILL to these third-party services, but only to the extent required in order for them to function properly, and only upon your express submission of such information. When your Personal Information is transferred to these third-party services, it is covered by their respective privacy policies, which we encourage you to read.

INTERLLECTUAL PROPERTY
EIGHTH WILL are the owner or the licensee of all intellectual property rights in the Website and its content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same) ("Content"). The rights in the Website and the Content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors' rights and database right laws. All such rights are reserved.

You must not systematically extract and/or re-utilise parts of the Website or the Content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the Website. You must not create and/or publish your own database that features substantial parts of the Website (e.g. our prices and product listings) without our prior written consent.

Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on the Website are in no way associated, linked or affiliated with us. Any trademarks/names featured on the Website are owned by the respective trademark owners.

PROHIBATED USE
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content for reasons including but not limited to the following: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, 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 this Site, 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 this Site, other websites, or the Internet. This list is in no way exhaustive. We reserve the right to terminate your use of the Site for violating any prohibited uses.

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 and 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.

THIRD PARTY LINKS
Certain content, products, and services available via our Site may include materials from third-parties.

Third-Party links on this site may direct you to third-party websites that are not affiliated with us.

EIGHTH WILL 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.

EIGHTH WILL is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions ("Third-Party Products") 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.

COMMENTS AND SUBMISSION
Here at EIGHTH WILL whilst we welcome feedback from our customers, we kindly ask that you refrain from sending us the following (in the form of “Submission(s)”):

  1. Unsolicited creative or original concepts
  2. Ideas
  3. Materials or Products
  4. Confidential or Propriety Information

EIGHTH WILL is under no obligation to use or to compensate you for your Submissions. Therefore, should you attempt to contact us with regards to your Submissions, we will not respond to you, we will not return your Submissions, nor will your Submission be treated as confidential information.

GENERAL CONDITIONS
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.

SITE UPDATES
EIGHTH WILL undertakes no obligation to update, amend or clarify information on this Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on the Site has been modified or updated. Please remember when reviewing information on this Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete.

On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times. EIGHTH WILL reserves the right to, at any time without prior notice, correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Site is inaccurate (including after you have submitted your order).

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 store. 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.

For more detail, please review our Return Policy.

PRODUCT AND PRICING INFORMATION
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 Return Policy.

EIGHTH WILL have made every effort to display as accurately as possible the colours and images of our products that appear on this Site. We cannot guarantee that your computer monitor's display of any colour will be accurate.

EIGHTH WILL reserves the right, but is not obligated, to limit the sales of its 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 the sole discretion of EIGHTH WILL.

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.

RESALE OF PRODUCT
This Site sells products to retail consumers only. You shall not use the Site to purchase products for re-sale or export. EIGHTH WILL reserves the right to immediately bar access to the Site and terminate the account of any user who violates this provision. EIGHTHWILL also may refuse to accept returns of such products.

LIMITATION ON LIABILITY
You acknowledge, by your use of this site: (1) that your use of this site is at your sole risk; (2) that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment that you use in connection with your use of this site; and (3) that EIGHTH WILL will not be liable for any damages of any kind related to your use of or inability to use our site, including without limitation, failure of performance, error, omission, interruption, computer virus, or network or internet failure, or including, without limitation, direct, indirect, special, compensatory or consequential damages, lost profits and/or loss of or damage to property whether the alleged liability is based on contract, tort, negligence strict liability or any other basis, even if EIGHTH WILL has been advised of the possibility of such damages. In no event will our total liability for any claims related to this site exceed twenty (£20) pounds.

EIGHTH WILL, and / or its respective officers, directors, owners, officials, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors and assigns, will not be held liable for any damages resulting from the misuse of any information collected by any third party, or any misuse of any information collected through the Website not in violation of the Policy.

DISCLAIMER
The Content provided on this site is provided "as is" and "with all faults." EIGHTH WILL makes no warranty or representation, either express or implied, as to its use, availability, content accuracy, appropriateness, or performance of this site. As a user, you assume all risks and responsibilities for its use or non-use, and EIGHTH WILL makes no representation that the content appearing on or downloaded from this site is compatible with your computer or free from error or viruses. No EIGHTH WILL employee, agent or representative is authorized to modify or amend this warranty. To the extent allowable by existing law, EIGHTH WILL disclaims all other warranties, either expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, with respect to this Site and its Content.

EIGHTH WILL reserves the right to alter or remove site content, or suspend or terminate your use in any way, at any time, for any reason, without prior notification, and we will not be liable in any way for possible consequences of that action.

INDEMIFICATION
You agree to indemnify and hold EIGHTH WILL, its directors, officers, employees, agents, and affiliates harmless from and against any and all claims, damages, costs and expense, including attorney fees, arising from or related to your use of this Site or breach of the Terms of Service.

ADDITIONAL INFORMATION

Severability
Each section and paragraph of these Terms acts separately. If any court or relevant authority deems any of them unlawful, unenforceable, or void the remaining paragraphs will remain in full force and effect.

Waiver
If you breach these Terms and we take no action, or if we delay in acting, this is does not constitute to the waiver of our rights. We will remain able to enforce our rights and remedies.

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).

Entire Agreement
By agreeing to the Terms of Service, you confirm and represent that you are atleast the age majority in your country of residence, or that you are the age of majority in your country of residence and you have given your minor dependants consent to access and use this Site. This confirms to EIGHTH WILL that you automatically accept liability on behalf of your minor dependant. The provisions and conditions of the Terms of Service constitute to the entire agreement between you and EIGHTH WILL in relation to the use of this Site and supersedes any prior agreements or understandings not incorporated in the Terms of Service.

Occurring Events
EIGHTH WILL and Third-Party vendors that supply services to this Site are not liable or responsible for any failure to preform, or delay in performance of, any of our obligations to you, if such failures or delay is caused by an event outside of our control.

An event outside of our control means any act or event beyond our or vendors control, such as act(s) of; God, Wars, Terrorism, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-downs, inclement weather, interruption of transport, Government action, failure of public or private telecommunications or transport networks.

If such an event takes place and it affects the performance of our or vendors obligations to you we will contact you.

GOVERNING LAW
Anything relating to your order, use of the Website or our Terms of Service is governed by English Law. The courts of England shall have exclusive authority over any dispute or claim relating to these Terms.