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Terms & conditions


Introduction

A warm ”Welcome” to our website! Please, you are strongly encouraged to review these website Terms and Conditions of Use before continuing to access or using this website. These Terms and Conditions of Use apply to all visitors or users of this website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following Terms and Conditions of Use, which together with our Privacy Policy and Terms of Sales govern Ethaca.com and “Ethaca Ltd” relationship with you in relation to this website and to the purchase of any product. If you do not accept these Terms and Conditions of Use, do not use this website. The Terms and Conditions of Use may be amended from time to time due to new laws and regulations or other reasons. It is strongly recommended that you consult our Terms and Conditions of Use regularly. You will be required to confirm that you have read and accept these Terms and Conditions along with our Terms of Sales before you submit an order to us.

The terms “Ethaca.com”, “Ethaca Limited (Ltd)” or “us” or “we” refer to the owner of the website whose registered address is Solar House, 282 Chase Road, N14 6NZ, Southgate, London, United Kingdom (company number 9755914). The term “you” or “customer” refers to the user or viewer of this website.

General Contract

i) The “Company” shall mean Ethaca Ltd.

ii) The “Customer” shall mean the corporate entity firm or person seeking to purchase the goods from the Company.

iii) The “Contract’’ shall mean any contract of goods and services made between the Customer and the Company incorporating these conditions.

iv) The “User” is an adult customer purchasing the product or visitor who browses the website.

v) The “Goods” shall mean the goods sold or supplied by the Company to the Customer under this contract.

vi) The “Services” shall mean any services provided by the Company to the Customer (whether or not the Customer shall purchase goods) which is not covered by the definition of ‘goods sold or supplied’.

vii) This contract governs the sale of goods and provision of Services by the Company to the exclusion of all other representations, statements, understanding, negotiations, proposals or agreements.

viii) No employee of the Company or its agents has authority to make any warrant, statement or promise concerning the goods except in writing signed by a duly authorised employee of the Company.

ix) Previous dealings between the Company and the Customer shall not vary or replace these conditions.

x) These conditions shall apply to the exclusion of any terms and conditions put forward by or on behalf of the Customer and in the event of any conflict or inconsistency between these terms and conditions of trading and the terms of the Customers order, these terms and conditions prevail.

Implementation of the contract
This is the main summary of the agreement we have with you when you place an order with us:
• Thank you for placing your order with Ethaca.
• We will send you an email acknowledging your order after you have placed it.
• Your order is accepted and the contract between us is concluded when the product you ordered is dispatched.
• We will debit the payment from your chosen method of payment at the time that you place your order.
• You may cancel your contract with us for the goods you order at any time up to the end of the 14 days from the date you receive the ordered goods.

Intellectual property, trademarks and content

All right, title, and interest in and to this Website and all of its content, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, designs, video, audio, and written and other materials that appear as part of this Website (collectively, “Content” ), and all intellectual rights (including copyright, trademarks, and rights in designs and patents) in and to this Website and all of its Content, is owned by ethaca.com and/or its licensors. All Content is provided to you by ethaca.com only for your personal and non-commercial use. This means that you may not and may not permit, assist or enable another person to do any of the following: (a) copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, allow others to copy, or otherwise exploit this Website or any of the Content, including, but not limited to, framing or linking the Website or the Content or any part of the Website or Content or (b) access or use the Website or any of the Content for any commercial purpose or for any purpose which competes with our business.
Ethaca.com (and its licensors) retains all rights in and to our trademarks, trade names, logos and brand names. These Terms and Conditions of Use do not allow you to use our Trademarks or any similar signs likely to confuse the public and we remind you that the use of our Trademarks in any manner is strictly prohibited.

Registration for and subscription to services
You may register for, or subscribe to, our services as available from time to time on the Website. When registering for, or subscribing to, Services you agree to provide accurate and true information. In the event of any change in the information you provided upon your registration or subscription, you agree to promptly inform us to ensure that you will receive our messages and to prevent Ethaca from inadvertently contacting third parties.

If you registered for a service requiring prior authentication (e.g. Account), you agree to notify us immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account or password. Ethaca is authorised to rely upon any acts or communications it receives under your password as if such acts or communications have been made by you unless Ethaca receives explicit prior notice otherwise.
The website
This Website is solely for private, personal and non-commercial use, and the material on this Website is presented for informational and/or promotional purposes only. The design of the Website and all text, graphics, information, content, and other material displayed on or available through the Website are protected by copyright, trademark and other laws and their use is strictly prohibited. The software and other technology components of www.ethaca.com are © 2016, Velocity Farm or its respective affiliates and suppliers. The contents of www.ethaca.com are © 2016, Ethaca Ltd. All rights reserved. You may not in any way or reproduce or publicly display, perform, distribute or otherwise use any of the information or materials displayed on or available from the Website for any public or commercial purpose. You may not create any derivative work of the site or decompile, reverse engineer, or otherwise attempt to derive source code, underlying ideas, algorithms, structure, or organisation of the Website. You agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation any type of spider, web crawler, or robot) to navigate, search, and/or extract information from the Site. Any unauthorised use of any information or materials displayed on or available from the Website may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
You are not allowed to create a link to this Website from another website or document without Ethaca Limited’s prior written consent. Unauthorised use of this Website may give to a claim for damages and/or be a criminal offence. Your use of this Website and any dispute arising out of such use of the website is subject to the laws of England and Wales.

Accuracy and completeness of information
We attempt to ensure that information on the Website is complete, accurate and current. Ethaca shall not be responsible if the information made available on this site is inaccurate, incomplete, or outdated and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. The information included on the Website should not be relied upon or used as the sole basis for making decisions without consulting more accurate, more complete, or more timely sources of information. The User assumes all risk for any reliance upon the accuracy of any information portrayed on the Website. Unless otherwise specified, the Website and Service are intended to promote Ethaca products and services available in Europe.

Inappropriate material
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Website.
Comments and other communication
If you send us any comments, feedback, suggestions, ideas and/or other communications (collectively, “Communications”) through or in connection to this Website, or through email, postal mail, or any contact with us, we will assume that you have granted to ethaca.com the unlimited right to copy, reproduce, publish, transmit, distribute, display, post, modify, create derivative works from or otherwise use or exploit (collectively “Use”) such Communications. Ethaca.com shall have the unlimited right to use any ideas, concepts, know-how or techniques contained in any Communications you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information.
Privacy
By using the Website or by providing any personal information to Ethaca, you agree to the terms of our Privacy Policy (please read this carefully), which explains how Ethaca treats your personal information and protects your privacy when you use the Website. By using this Website, you consent to the processing described therein and you warrant that all data provided by you is accurate and up-to-date.

Indemnity
To the extent permitted by applicable law, you agree to indemnify, defend and hold harmeless Ethaca and its directors, shareholders, legal representatives, employees and affliliates from any damage, liability, claims and costs (including, but not limited to legal fees) arising out of any relating to your use of the Website or your breach of the Terms and Conditions of Use and Terms of Sales.

Your account
Visitors to this Website who are aged 18 or older, may choose to create an account (“Account”) on this Website. If you would like to create an Account, you will need to input an email address and password to access your Account. You are responsible for maintaining the confidentiality of your access information and for controlling access to your Account and your device. You will be responsible for all activities that occur under your Account (including, but not limited to, any purchases of our merchandise made through your Account) unless you notify us that your Account is being used by a third party without your consent. We may terminate your Account, at any time, and without prior notice to you if: (a) we reasonably believe that you are using your Account in breach of these Terms and Conditions of Use, or (b) we reasonably believe that a third party is using your Account without your consent or (c) we need to terminate or suspend your Account for security or maintenance purposes.

Links to other sites and to the website
This Website may contain links to other websites. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Specifically, Ethaca has no control over such websites and will not be responsible or liable for any content or anything else related to your accessing or use of any third party websites. Access to any Third Party Sites is at your own risk and ethaca.com will have no liability to you for any loss or damage that you suffer (including, but not limited to, any loss or damage to your device, equipment, hardware or software) arising out of or related to your access or use of, or reliance on, any Third Party Sites and/or their content, or caused by or in connection with any purchase of goods or services available on or through any such Third Party Sites.

Products and Specifications
All features, content, specifications, products and prices of products and services described or depicted on this Website are subject to change at any time without notice. Every effort is made so that the photographs and images of products included on the Website are portrayed as accurately as possible. However, the settings and specifications of the User’s viewing device or display could affect the accuracy of the colours of products portrayed. The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available at any time. Finally, it is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Website.

Furniture
i. Use
The ‘FUNHOUSE’ limited edition furniture collection is a reproduction of the original designs which were part of an art exhibition, which took place in the Art Wall Gallery in 2014 in Athens, entitled ‘The Playground of today, the democracy of tomorrow’. Parents and guardians should note that while every caution was taken for the safety of these products, these do not constitute certified playground indoor equipment. Therefore, Ethaca cannot be held responsible for accidents which might occur as a result of children or adults playing with the furniture products and cannot accept responsibility for damages to products that are the result of use.
The safety of children is paramount, so if you decide to use the products at your own risk as playground equipment, we would advise you to ensure that you and your child follow a few simple rules/steps in order for everyone to have an enjoyable and trouble-free day:

1. Children must always be accompanied by a supervising adult when playing.
2. Remove shoes (except when using the seesaw or the table tennis). Socks must be worn at all times.
3. Remove spectacles, badges and jewellery.
4. It is highly recommended that the user wear long sleeves, trousers and a helmet.
5. No sharp objects must be carried around.
6. No food, drinks, sweets or chewing gum to be taken while playing.
7. Users who are unwell must not play.
8. Only users under the height of 4’ 10’’ (160 cm) may play.
9. Parents and guardians must make sure that they have assembled and screwed correctly every time they assemble the products.
10. They should test that everything works properly before they allow anyone or themselves to use them.

ii. Assembling the furniture
1. While every effort was made to make assembly easy, Ethaca cannot be held responsible for improper assembly.
2. Assembly should always be made by two adults, competent installers to avoid damaging the product or the house and avoid injuries.
3. The user should make sure to check on the screws every three months as some screws might become loose regardless of whether the products have not been assembled and dissembled over that period of time.

Disclaimer
Your use of the Website is at your risk. Ethaca takes all reasonable measures necessary to try to ensure that this Website and the content are free from viruses and defects but cannot guarantee that your device, equipment, hardware or software or any data stored or created by your device, equipment, hardware or software (collectively, “Equipment”) will not be damaged, corrupted, lost or otherwise affected if you access or use this Website or any content. Ethaca recommends that you take all steps necessary to protect your Equipment when using this Website or any content, such as installing reputable anti-virus software.

All products purchased on or through the Website are subject only to any applicable warranties of their respective manufacturers, if any. To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products listed or purchased on or through the Website. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation.

Limitations of liability
You are responsible for evaluating the information and content obtained through the Website. We will not be liable to you for (a) any loss of or corruption to data, (b) loss of or damage to your device and/or equipment, (c) any loss or damage which was not foreseeable by both you and by us or which you did not notify us may occur if we breach these Terms and Conditions of Use or our legal duty of care to you or (d) any loss or damage suffered by you as a result of you failing to take reasonable precautions against such loss or damage, such as through the installation of reputable anti-virus software.

In the event of any problem with the Website or any content, you agree that your sole remedy is to cease using the Website. In the event of any problem with the products that you have purchased on or through the Website, you agree that your sole remedy, if any, is from the manufacturer of and not Ethaca Ltd, or to seek a return and refund for such product in accordance with the returns and refunds policies on the Website.

Complaints
We operate a dedicated complaints handling service to resolve disputes when they first arise. Please, let us know if you have any complaints or comments. Also, please note that the European Commission provides a platform for alternative extra-judicial resolution of disputes.

Governing law and jurisdiction
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of England and in the event of any dispute or claim associated with these Terms and Conditions of Use, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts. A printed version of these Terms and Conditions of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Social media and endorsement policy
Except where prohibited by law, if you are a “fan,” “follower” of or otherwise voluntarily engage with Ethaca Ltd by emailing, posting, uploading or otherwise submitting photographs, graphics, videos, messages, comments or other material (collectively referred to herein as “Post(s)”) on any Ethaca page, profile, or feed (collectively referred to herein as “Page”) of any social media platform (“Platform”) (e.g. Facebook, Instagram, Pinterest, etc), or making any personal statement through a Post or otherwise in any media/medium which endorses Ethaca products or services (“Endorsement”), you grant your full and unconditional agreement to this Policy. If you do not comply with this Policy at any time, Ethaca reserves the right to restrict your use of or access as to Ethaca’s Pages at its sole discretion without prior notice, in addition to any available remedies allowed by law or contract.
Ethaca does not represent that the information on Ethaca’s social media channels is accurate, complete, reliable, useful, timely or current. You read all content at your own risk. Do not rely on the information or advice in any of these postings. Ethaca may, in its sole discretion, delete irresponsible content or content that is otherwise inconsistent with the purpose of the Ethaca social media channels; namely, dissemination and sharing of on-topic, appropriate content. Please keep in mind that Ethaca does not create, control, represent, or endorse any opinions or statements expressed by others within its social media channels, including those that Follow/Like Ethaca and those Followed/Liked by Ethaca and that any content posted by anyone other than Ethaca is the responsibility of the submitter and not Ethaca.
You should understand that any content you submit to our social media channels is public and will not place Ethaca under any obligation to you. This means Ethaca is free to disclose and use the ideas contained in content on a non-confidential basis to anyone without any liability to you. You agree that by posting content on our social media channels, you grant us a worldwide, non-exclusive license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit and display and distribute such content in any and all media or distribution methods now known or later developed.

Contact us
If you think this information is not clear enough and/or you need further clarification or have any questions or comments, we warmly invite you to contact us at info@ethaca.com.


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