General Terms & Conditions
We are ALLEVEN LIMITED, an establishment registered in the UK under registration number FC034672. Our business address is 63 Edith Grove, London SW10 0LB. Our registered VAT number is 213473923.
If you have any questions or complaints about, for example, a product, these general terms & conditions or the Website (as defined below), you can contact us at hello@alleven.com.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
For the purposes of these general terms & conditions: (i) "ALLEVEN", "we", "our" or "us" refers to ALLEVEN LIMITED, its successors, assigns and affiliates; and (ii) when we use the words "writing" or "written", this includes email.
We are under a legal duty to supply products that are in conformity with these general terms & conditions.
I. APPLICABILITY
These general terms & conditions ("general conditions") apply to:
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- orders placed for products available on https://alleven.com (the "Website"); and
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- the use of any information, documents, graphics, movies, features, music and/or other services on the Website.
Our privacy policy and cookies policy also apply to your use of our Website.
Please ensure that you read these general conditions, our privacy policy and cookies policy carefully and check that the details of your order are complete and accurate before submitting your order. If you think that there is a mistake, please contact us. By using our Website, you confirm that you accept these general conditions, our privacy policy and cookies policy and that you agree with them. If you do not agree, you must not place an order via our Website or otherwise use our Website.
II. PLACING ORDERS ON THE WEBSITE
A. ELIGIBILITY TO ORDER
To place an order on the Website, you must be:
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- at least 18 years old; and a consumer - not a reseller.
B. HOW TO ORDER
You need an e-mail address to place an order, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionalities of the Website, which includes adding items to your shopping cart and submitting your order (see our cookies policy for further details on cookies).
Placing an order on the Website is easy.
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- Find the products you want.
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- Add the products to your shopping cart.
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- Proceed to checkout.
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- Select delivery and billing options.
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- Review your order.
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- Submit your order.
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- Receive an Order Acknowledgment (as defined below).
When you submit an order we will send you an email acknowledging receipt of your order ("Order Acknowledgement"). This does not mean that we have accepted your order. Our acceptance of the order takes place when we email you to accept it ("Order Confirmation"), at which point a contract, containing these general conditions, (the "Contract") will come into existence between you and us. We recommend that you print or download a copy of these general conditions and the Order Confirmation for future reference.
We will assign an order reference number to your order and give it to you when we send the Order Confirmation.
It will help us if you can tell us your order reference number whenever you contact us about your order.
C. OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT
Fulfillment of all orders on the Website is subject to availability.
We reserve the right not to accept your order for any reason, including for example but without limitation:
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- the product is not available/in stock;
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- your billing information is not correct or not verifiable;
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- your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
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- you are under 18;
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- you are a reseller;
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- there was a clear error in the price displayed on the Website; or
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- in the event of clear misspelling or any other error or mistake in the Website information, such as (without limitation) an error in the description of a product.
If we do not accept your order, we will inform you of this by telephone or by email.
We may cancel a Contract, by email to you, in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we have cancelled:
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- there was an obvious and unmistakable error in the price displayed on the Website which could reasonably have been recognised by you as a mispricing (see section 3F);
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- we could not deliver to the address provided by you;
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- due to an Event Outside Our Control (see section 7 below);
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- in the event of clear misspelling or other errors or mistakes in the Website information, such as (without limitation) an error in the product description; or
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- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products to you.
Our Website is intended for the promotion and sale of our products in the UK and EU. We do accept orders from addresses outside the UK and EU, provided they are listed at the checkout. Additional shipping charges may apply for orders to addresses outside the UK and EU.
D. DATA CHECK
When you send us your order, we or our payment processing provider may run some checks on it before we accept it. These checks may include verifying your address and creditworthiness, and checking for fraud. Suspected fraud on ALLEVEN will be investigated and if necessary prosecuted.
E. OUR PRODUCTS
Products may vary slightly from their pictures. The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
Product packaging may vary. The packaging of the product may vary from that shown in images on our Website.
F. YOUR RIGHT TO MAKE CHANGES
If you wish to make a change to your order please contact us at hello@alleven.com. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to cancel the Contract (see section 5A).
III. PRICE / PAYMENT
A. PAYMENT METHODS
We accept payment with all major credit and debit cards, including Visa, Mastercard and American Express, and also via Paypal. We do not accept any other method of payment. Please do not try to pay by any other means. If you do, we will not be liable for loss of the payment or any other loss that may result.
B. PAYMENT PROCESSING
You must pay for the products at the time of placing an order. Payments can only be processed if the billing information can be verified. We retain title in any product(s) until we have received full payment for such product(s), at which point you will own those product(s).
C. PRICES AND CURRENCY
The price of the products (which includes VAT, where applicable) will be the price indicated on the order pages when you place your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see section 3F for what happens if we discover an error in the price of the product you order.
Shipping rates are applied per order. The exact shipping rates will be calculated automatically at the checkout depending upon the country where your order is being delivered to.
All prices are quoted in local UK and EU currencies. If you change the country of delivery while browsing or during check out, prices from that moment may be quoted in a different currency. Please note that changing the country of delivery may have an influence on the price due to a change in currency or to country-specific pricing.
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
D. YOUR TOTAL PRICE
The total price specified in the final check out screen includes tax and shipping costs. This price will be recorded in the Order Confirmation, which we recommend you print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency.
If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control.
If you think the total price recorded in the Order Confirmation is wrong please contact us promptly to let us know.
E. PROMOTIONS & DISCOUNTS
Promotional coupons and discounts must be applied at the time of purchase. Only one promotional code may be used per order. Promotional codes may not be applied retroactively to past orders.
F. PRICE CHANGES
The prices of the products will be as displayed on the Website. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation.
G. WHAT HAPPENS IF WE GET THE PRICE WRONG
It is always possible that, despite our reasonable efforts, some of the products we sell might be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept the order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any products provided to you.
IV. SHIPPING & DELIVERY
A. DELIVERY - WHERE AND WHEN
We dispatch from Monday to Friday. We do not ship on certain public holidays. Please refer to the FAQ page of the Website for dates and the available delivery times and methods. We can only fulfill an order to a delivery address which is a home or office address in one of the countries listed at checkout.
B. SPLIT DELIVERY
Where possible, we try to deliver all items which you have ordered at the same time.
We reserve the right to split the delivery of your order, for instance if part of your order is delayed or unavailable. In the event that we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address provided by you at the time your order was placed. You will not be charged for any additional delivery costs.
C. INSPECTION UPON DELIVERY
Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment.
D. IF YOU ARE NOT HOME WHEN THE PRODUCT IS DELIVERED
If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our shipping provider will either contact you informing you how to rearrange delivery or will leave you a note with this information.
E. IF YOU DO NOT RE-ARRANGE DELIVERY
If you do not rearrange delivery we will contact you for further instructions and may charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or rearrange delivery we may end the Contract and section 2C will apply.
F. WHEN YOU BECOME RESPONSIBLE FOR THE PRODUCTS
You will be responsible for the product from the time we deliver the product to the address you gave us.
V. RETURNS & CANCELLATIONS
A. CANCELLING ORDER BEFORE DELIVERY
We begin processing orders almost immediately. Once accepted, cancellations and changes to orders are not permitted. Please view Returns for our full Refund Policy. For any questions regarding cancellations, please email us at hello@alleven.com quoting your order reference number.
B. RETURNING ORDERS AFTER DELIVERY - DEFECTS
You are entitled to return products delivered to you if they are defective or otherwise not in conformity with your order when you received them. You can do so for up to 30 days from receipt of the products. This does not affect your legal rights. If your claim is justified, the purchase price and the shipping costs will be refunded. Practical information on how to return products can be found in the Returns Policy available on our Website.
C. EXERCISING YOUR RIGHT OF WITHDRAWAL (NO DEFECT): CONSUMER CONTRACTS REGULATIONS 2013
If for any reason you are not happy with the products you ordered or you have changed your mind about the product, you may return the products delivered to you within seven (7) calendar days after the product is delivered, without giving us any reason, as long as the product is in its original packaging, unopened and unused as verified by ALLEVEN. Once products have been opened following your receipt, you do not have a right to return your products under this section. In the case of split deliveries, the seven (7) day period is calculated from the date of delivery of the last product to be delivered.
If you inform us that you wish to return a product, we shall reimburse to you all payments received, less the delivery and return costs (subject to any deductions we may make as described in section 5G below), and in any event not later than fourteen (14) days from the day on which we receive the approved product for return.
D. ENDING THE CONTRACT BECAUSE OF SOMETHING WE HAVE DONE OR ARE ABOUT TO DO.
If you are ending the Contract for a reason set out in this section 5D, the Contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
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- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
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- there is a risk that supply of the products may be significantly delayed because of an Event Outside Our Control (see section 7 below); or
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- you have a legal right to end the Contract because of something we have done wrong.
E. HOW TO CANCEL THE CONTRACT WITH US
To cancel the Contract with us, please let us know by emailing us at hello@alleven.com to request a Return Merchandise Authorization. Please provide your name, address, order reference number, email address and, where available, your phone number.
F. RETURNING PRODUCTS AFTER CANCELLING
If you end the Contract for any reason after the products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at ALLEVEN Limited, 63 Edith Grove, London SW10 0LB.
G. PRODUCT EXCHANGE
Product exchanges are currently not possible, but you do have the option of returning your product(s) (see sections 5B and 5C above for details). For information on refunds, see below. In order to get a different product, you will have to place a new order on the Website.
H. COSTS OF RETURN AND REFUND INFORMATION
We will pay for the costs of return:
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- if the products are defective or misdescribed; or
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- if you are ending a Contract because we have told you of an error in pricing or description, a delay in delivery due to an Event Outside Our Control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
We will refund you the price you paid for the products, including delivery costs, by the method you used for payment. However we may make deductions from the price as described below.
If you are exercising your right of withdrawal under section 5C (Consumer Contracts Regulations 2013):
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- we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
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- the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
We will make any refunds due to you as soon as possible. If you are exercising your right of withdrawal under section 5C (Consumer Contracts Regulations 2013), your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see section 5E.
VI. LIABILITY
A. If ALLEVEN fails to comply with these general conditions, we shall be responsible for loss or damage you suffer that is a foreseeable result of our breach of these general conditions or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the contract.
B. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: (i) as described and match information we provided to you; (ii) of satisfactory quality; (iii) fit for any particular purpose made known to us; (iv) and supplied with reasonable skill and care; and for defective products under the UK Consumer Protection Act 1987.
C. Even though we have created the Website with care, the information, texts, documents, graphics, movies, music and/or other services on it may contain errors or be otherwise incorrect or incomplete. We shall not be liable for any damages resulting from the use of (or inability to use) the Website, including damages caused by viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it, or (except as otherwise expressly stated in these general terms) any incorrectness, or incompleteness of the Website. Although we use encrypted security software, the security of information and payments transmitted via Internet or via e-mail can't be guaranteed. We shall not be liable for any damages suffered as a result of the use of electronic communications
VII. EVENTS OUTSIDE OUR CONTROL
A. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these general conditions that is caused by an Event Outside Our Control.
B. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lockouts or other industrial action by third parties, civil commotion, a natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under these general conditions:
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- We will contact you as soon as reasonably possible to notify you; and
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- Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
C. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the products. Please see your cancellation rights in section 5D above. We will only cancel the contract if the Event Outside Our Control continues for longer than twenty (20) weeks in accordance with our cancellation rights herein.
VIII. INTELLECTUAL PROPERTY RIGHTS
A. ALLEVEN owns, or is licensed to use, all intellectual property rights in the Website and in the material published on it. Those works are protected by copyright laws around the world. All such rights are reserved.
B. You may print off one copy, and may download extracts of any page(s) from the Website only to the extent this is necessary for the purpose of placing an order with us, or for using the Website as a shopping resource.
C. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
D. ALLEVEN's status as the owner, or licensee, of content on the Website must always be acknowledged.
E. You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from ALLEVEN or (if applicable) our licensors.
F. If you print off, copy or download any part of the Website in breach of these general conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
IX. DO NOT RELY ON INFORMATION ON OUR WEBSITE
The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website
X. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
A. Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
B. We have no control over the contents of those sites or resources.
XI. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
A. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
B. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these general conditions.
C. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@alleven.com.
XII. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
A. We do not guarantee that our Website will be secure or free from bugs or viruses.
B. You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
C. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
XIII. APPLICABLE LAW AND LEGAL PROCEEDINGS
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
XIV. AVAILABILITY OF THE WEBSITE
We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
XV. VARIATION OF GENERAL CONDITIONS
We may revise these general conditions from time to time. Every time you order products from us, the general conditions in force at that time will apply to the contract between you and us.
Whenever we revise these general conditions we will keep you informed and give you notice of this by stating that these general conditions have been amended and the relevant date at the top of this page.
XVI. OUR TRADE MARKS ARE REGISTERED
"ALLEVEN" is an EU registered trade mark of ALLEVEN LIMITED. You are not permitted to use it without our approval.
XVII. OTHER IMPORTANT TERMS
A. We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these general conditions.
B. You may only transfer your rights or your obligations under these general conditions to another person if we agree in writing.
C. Each of the paragraphs of these general conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
D. If we fail to insist that you perform any of your obligations under these general conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
E. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
F. We will not file a copy of the contract between us.
Products Manufactured for
ALLEVEN LTD.
63 Edith Grove
London SW10 0LB, UK
Effective as of May 20, 2018.
Agreement between user and www.alleven.com
Welcome to www.alleven.com. The www.alleven.com website (the "Site") is comprised of various web pages operated by ALLEVEN, Inc ("ALLEVEN"). www.alleven.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.alleven.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.alleven.com is a E-commerce Site that sells proprietary beauty products.
Privacy
Your use of www.alleven.com is subject to ALLEVEN's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.alleven.com or sending emails to ALLEVEN constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that ALLEVEN is not responsible for third party access to your account that results from theft or misappropriation of your account. ALLEVEN and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
ALLEVEN does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.alleven.com only with permission of a parent or guardian.
Cancellation/Refund Policy
Please contact us to see if you order may be canceled.
Links to third party sites/Third party services
www.alleven.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of ALLEVEN and ALLEVEN is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ALLEVEN is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ALLEVEN of the site or any association with its operators.
Certain services made available via www.alleven.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.alleven.com domain, you hereby acknowledge and consent that ALLEVEN may share such information and data with any third party with whom ALLEVEN has a contractual relationship to provide the requested product, service or functionality on behalf of www.alleven.com users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.alleven.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to ALLEVEN that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ALLEVEN or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. ALLEVEN content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of ALLEVEN and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ALLEVEN or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by ALLEVEN from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ALLEVEN Content accessed through www.alleven.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless ALLEVEN, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ALLEVEN reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ALLEVEN in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ALLEVEN, LTD AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ALLEVEN, LTD AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ALLEVEN, LTD AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALLEVEN, LTD AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ALLEVEN, LTD OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
ALLEVEN reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ALLEVEN as a result of this agreement or use of the Site. ALLEVEN's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ALLEVEN's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ALLEVEN with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ALLEVEN with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ALLEVEN with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
ALLEVEN reserves the right, in its sole discretion, to change the Terms under which www.alleven.com is offered. The most current version of the Terms will supersede all previous versions. ALLEVEN encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
ALLEVEN welcomes your questions or comments regarding the Terms:
ALLEVEN, S.r.l.
Via Condotti 5
Rome 00187
Italy
Email Address:
info@alleven.com
Effective as of January 1, 2023.