Terms and Conditions
Updated 05 April 2024
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY: Welcome to Caraway Home. These Terms and Conditions describe the terms and conditions applicable to your access and use of the website at carawayhome.com (the “Site”). This document is a legally binding agreement between you as the user(s) of the Site (referred to as “you”, “your”, "Customer"; or “User” hereinafter) and the Caraway Home, Inc. entity (referred to as “we”, “our”, “Caraway” hereinafter).
ARBITRATION AND CLASS ACTION WAIVER NOTICE: YOU UNDERSTAND THAT THESE TERMS CONTAIN A PRE-DISPUTE ARBITRATION CLAUSE. YOU AGREE THAT DISPUTES BETWEEN YOU AND CARAWAY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
1. Application and Acceptance of the Terms
1.1 Your use of the Site and Caraway’s services and products (collectively the “Services” hereinafter) is subject to the terms and conditions contained in this document and any other rules and policies of the Site that Caraway may publish from time to time. This document and
such other rules and policies of the Site are collectively referred to below as the “Terms”. By accessing the Site or using the Services, you agree to accept and be bound by the Terms. Please do not use the Services or the Site if you do not accept all of the Terms.
1.2 You may not use the Services and may not accept the Terms if (a) you are not of legal age (at least 18 years old) to form a binding contract with Caraway, or (b) you are not permitted to receive any Services under the laws of local countries / regions including the country / region in which you are resident or from which you use the Services.
1.3 You acknowledge and agree that Caraway may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.
1.4 If Caraway has posted or provided a translation of the English language version of these Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Site.
1.5 You may be required to enter into a separate agreement, whether online or offline, with Caraway or our affiliates or subsidiaries for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
2. Provision of Services
2.1 You must register on the Site in order to access and use some Services. Further, Caraway reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to Users or subject to other conditions that Caraway may impose in our discretion.
2.2 Some Services may be provided by Caraway’s affiliates or subsidiaries on behalf of Caraway.
2.3 Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. Caraway may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Users.
2.4 Caraway may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.
3. Users Generally
3.1 As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or Services.
3.2 You agree to use the Site or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Site (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Caraway, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Caraway is prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited.
3.3 For more information regarding how Caraway collects, uses, and discloses your personal information, please review our Privacy Notice.
3.4 Caraway may allow Users to access content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' website. You are cautioned to read such website terms and conditions and/or privacy policies of any third party websites before using them. You acknowledge that Caraway has no control over such third parties' web site, does not monitor such web site, and shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such web site.
3.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of Caraway and/or any other User nor to gain unauthorized access to such computer systems or networks.
3.6 You agree not to undertake any action which may undermine the integrity of Caraway’s feedback system, such as leaving positive feedback for yourself using secondary email accounts or through third parties or by leaving unsubstantiated negative feedback for another User.
3.7 By posting or displaying any information, content or material (“User Content”) on the Site or providing any User Content to Caraway or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Caraway to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, such as using as product description on the Site, advertising outside the Site and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Site or the provision of any Services. You confirm and warrant to Caraway that you have all the rights, power and authority necessary to grant the above license.
4. Transactions
4.1 You agree to provide all information and materials as may be reasonably required by Caraway in connection with orders placed on the Site. Caraway has the right to suspend or terminate your account if you fail to provide the required information and materials or provides inaccurate or fraudulent information.
4.2 Each User agrees that Caraway shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any use or storage of any products purchased from Caraway.
4.3 When you make a purchase, you agree that the risk of loss transfers from Caraway to you from the moment our shipping carrier delivers your order to the destination provided in your purchase.
4.4 To the extent we run any promotions or provide any discounts or bundles, you agree to any additional rules and regulations that may apply to such promotions, discounts, or bundles. Discounts and site-wide promotions are applicable to non-returned products only, and adjustments may be made retrospectively on transactions to correctly reflect the promotion earned in the event of order cancellation or returned products.
5. Limitation of Liability
5.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT AS SET FORTH HEREIN OR IN WARRANTIES ISSUED BY CARAWAY, THE PRODUCTS AND SERVICES PROVIDED BY CARAWAY ON OR THROUGH THE SITES ARE PROVIDED "AS IS", "AS AVAILABLE"; AND “WITH ALL FAULTS”, AND CARAWAY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
5.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARAWAY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENT STATUS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; CARAWAY DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND CARAWAY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.
5.3 Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to Caraway’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Caraway or through or from the Site shall create any warranty not expressly stated herein.
5.4 Each User hereby further agrees to indemnify and hold harmless Caraway, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by third parties relating to products offered or displayed on the Site. Each User hereby further agrees that Caraway is not responsible and shall have no liability to you, for any material posted by others; including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Caraway reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Caraway in asserting any available defenses.
5.5 Caraway shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following: (a) the use or the inability to use the Site or Services; (b) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Site; (c) unauthorized access by third parties to data or private information of any User; (d) statements or conduct of any User of the Site; or; (e) any matters relating to Services however arising, including negligence.
5.6 Notwithstanding any of the foregoing provisions, the aggregate liability of Caraway, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Site or Services during any calendar year shall be limited to the greater of (a) the amount of purchase price the User has paid to Caraway or our affiliates during the calendar year; or (b) $1,000. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Services must be filed within one (1) year from the date the cause of action arose.
5.7 The limitations and exclusions of liability to you under these Terms shall apply to the maximum extent permitted by law and shall apply whether or not Caraway has been advised of or should have been aware of the possibility of any such losses arising.
6. Force Majeure Under no circumstances shall Caraway be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
7. Intellectual Property Rights
7.1 Caraway is the sole owner or lawful licensee of all the rights and interests in the Services, Site and the Site Content. If you'd like to opt-out of having your site content shared, please email help@carawayhome.com. The Site and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Site Content shall remain with Caraway, our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by Caraway are hereby reserved.
7.2 "CARAWAY HOME", “CARAWAY” and related icons and logos are registered trademarks or trademarks or service marks of Caraway.
7.3 Caraway may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
8. Notices
8.1 All legal notices or demands to or upon Caraway shall be made in writing and sent to Caraway personally or by courier, certified mail or facsimile to the following address: 147 W. 26th Street Floor 4, New York, NY, 10001. The notices shall be effective when they are received by Caraway in any of the above-mentioned manners.
8.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Caraway, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when (a) Caraway is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or (b) Immediately upon Caraway posting such notice on an area of the Site that is publicly accessible without charge.
8.3 You agree that all agreements, notices, demands, disclosures and other communications that Caraway sends to you electronically satisfy the legal requirement that such communication should be in writing.
9. General Provisions
9.1 Subject to any additional agreements, the Terms constitute the entire agreement between you and Caraway with respect to and govern your use of the Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
9.2 Caraway and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
9.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
9.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
9.5 Caraway’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Caraway’s right to act with respect to subsequent or similar breaches.
9.6 Caraway shall have the right to assign these Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates or subsidiaries of Caraway). You may not assign, in whole or part, these Terms to any person or entity.
9.7 In any action to enforce the Terms, the prevailing party will be entitled to reasonable costs and attorneys’ fees.
9.8 The Terms shall be governed by the laws of the State of New York without regard to its conflict of law principles.
9.9 ARBITRATION NOTICE: If you have a legal dispute with Caraway, except where prohibited by applicable law, you and we hereby agree to proceed as follows. (a) any dispute, claim or controversy between you and Caraway that arises from or relates in any way to these Terms (including any alleged breach thereof), or Caraway’s relationship with you (collectively, “Dispute”) shall be exclusively resolved through binding individual arbitration except as specifically provided otherwise herein. “Dispute” as used in the Terms shall have the broadest possible meaning and include claims that arose before the existence of these Terms (or any prior terms). You and Caraway each waive the right to a jury trial and the right to litigate disputes in court in favor of individual arbitration (except as set forth below). You and Caraway each waive the right to file or participate in a class action against the other or otherwise to seek relief on a class basis. If there is a judicial determination that any particular claim cannot be arbitrated in accordance with this provision’s limitations, then only that claim may be brought in court. All other claims remain subject to this provision. (b) Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, user name, email address or phone number you use with Caraway, a detailed description of the dispute and the relief that you seek. Any Notice of Dispute that you send to us should be emailed to us at help@carawayhome.com with a copy mailed to 147 W. 26th Street Floor 4, New York, NY, 10001. Before we commence arbitration, we will send you a Notice of Dispute to the email address that you use with Caraway (or by other appropriate means). If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration. (c) The U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Harvard Business Services, Inc., 16192 Coastal Highway, Lewes, DE 19958. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider, in New York. Disputes involving claims and counterclaims under $250,000 (not inclusive of attorneys’ fees and interest) shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at https://www.jamsadr.com/rules-st
reamlined-arbitration/; all other claims shall be subject to JAMS’ most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’ rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. (d) You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. (e) Notwithstanding the foregoing, either you or Caraway may elect to have an individual claim heard in a small claims court having jurisdiction over the claim. If the request to proceed in small claims court is made after an arbitration has been initiated but before an arbitrator has been appointed, such arbitration shall be administratively closed. Any controversy over the small claims court’s jurisdiction shall be determined by the small claims court. All other issues (except as otherwise provided herein) are exclusively for the arbitrator to decide, including but not limited to scope and enforceability of these Terms, as well as any request to proceed in small claims court that is made after an arbitrator has been appointed. (f) You may opt out of this provision within 30 days of the date that you agreed to these Terms (which will be deemed to have occurred on your making of an order with Caraway). To opt out, you must send your name, residence address, user name, email address or phone number you use with Caraway (and a clear statement that you want to opt out of this arbitration agreement) to: help@carawayhome.com. (g) ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THE TERMS MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS; ONLY INDIVIDUAL RELIEF IS AVAILABLE; AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the state or federal courts located in the State of New York. All other claims shall be arbitrated. (h) YOU AND CARAWAY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Caraway are instead electing that all claims and disputes shall be resolved by arbitration under the Terms, except as specified in subsection (g) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow the Terms and Conditions as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. (i) The foregoing shall not preclude Caraway from seeking injunctive relief in any court of competent jurisdiction located in other countries and jurisdictions for protection of Caraway’s intellectual property.
10. Miscellaneous
10.1 In addition, you agree to our Messaging Terms.
11. UK Shipments and VAT
11.1 You are shopping on a merchant’s website (the “Merchant”).
11.2 If you place a Qualifying Customer Order, the Product(s) that you are purchasing will be sold first by the Merchant to Passport Global Inc (“Passport”), and then by Passport to you under these Terms. Your payment information, shipping address, and any additional information required or requested to complete your order will be shared directly with Passport and its nominated agents and contractors, in order to enable Passport to complete your Qualifying Customer Order.
11.3 Your Qualifying Customer Order is subject to: (a) these Terms; and (b) any relevant terms and conditions imposed by the Merchant. By completing your purchase, you confirm that you have read and agree to be bound by all of these. By placing a Qualifying Customer Order on the Merchant’s website, you understand and agree that: (i) You are dealing with and providing your information to Passport. Passport may contact you about your order; (ii) If there is an error in the price listed for a Product on the Merchant’s website, or in the price applied to the product during the sale of and processing of your order for the Product, Passport and its nominated agents are entitled to contact you, correct the price, and/or cancel your order; (iii) The Merchant remains responsible for handling payment for your order; (iv) Once your payment is processed, ownership in the items will shift from Passport, to you; (v) Certain addresses will be ineligible for shipment, such as PO box addresses (vi) Passport may refuse service, refuse to process or complete Qualifying Customer Orders, remove or edit content, or cancel such orders for any reason or for no reason, in its sole discretion; (vii) If you are under the age of majority in the jurisdiction in which you reside, approval of your parent or guardian is required to complete your purchase; (viii) You authorise Passport and its nominated agents and contractors to perform any of the following activities in connection with the delivery of any Products: (A) to act as your agent to make and file customs declarations and all related actions as your direct representative, which expressly includes completing any documents, amending product or Harmonised System codes, and paying any duties, taxes or penalties required under applicable laws and regulations; (B) to act as forwarding agent for customs import and export control purposes solely for the purpose of designating a customs broker to perform customs clearance and entry; and (C) to redirect an order to your customs broker or other address upon request by any person whom Passport’s nominated agents and contractors believe in its reasonable opinion to be authorised.
11.4 Currency. You may select your preferred payment method and currency from a list of options available at the time of checkout. Please note that the relative value of currencies may vary, and as a result, the actual purchase price for items in your order may vary based on the currency selected.
11.5 Billing. If you use a payment card or other electronic form of payment as your payment type, the charges to your account for your order will be subject to the Merchant’s terms and conditions. 11.6 Shipping. Items in your order may be shipped via a single shipment, or via multiple shipments. If items in your Qualifying Customer Order are shipped via multiple shipments, or if your order is only partially filled and shipped, you will only be charged for those items that are actually shipped to you.
11.7 Chargebacks, Fraud Prevention and Void Transactions. For your protection, Passport may use various fraud prevention protocols and policies, and industry-standard verification systems, to reduce fraud and minimize chargeback risks. You must comply with such protocols and policies, including card authentication, and “ship to” and “bill to” address verification. Once an order is placed, you may not change any authenticated payment information or any verified “ship to”/“bill to” address. If there is a systemic error which results in the processing or acceptance of a transaction for which authorisation has been declined, that transaction will be void.
11.8 Customer Service and Returns. Questions or complaints about your order should be directed to the Merchant in the first instance. Passport may work with the Merchant as necessary to resolve your issue. The Merchant is authorised to allow for returns or refunds on orders in accordance with the Merchant’s policy, including to reimburse you for the original sales prices of Products returned to the Merchant’s nominated address. Passport may however refuse any return requested if a restriction applies to the item for which the return is requested. You accept that your sole remedies are against the Merchant. Where a return by the Customer is authorised by Passport or the Merchant, Passport shall also have the right to return the item to Merchant and accordingly the Merchant shall issue a credit note to Passport and Passport shall provide a credit note to the Customer, and Passport’s direction, ownership and risk in the Products for return shall pass directly to the Merchant. Where a return is authorised by Passport or the Merchant, the Merchant shall, at Passport’s direction and acting in its name, provide a credit note to the Customer to the extent of the value of the Product(s) authorised to be returned directly to the Merchant. In relation to any return of Products to the Merchant, you authorise Passport and its nominated agents to act on your behalf, and to recover for its own account, any import duties and taxes. If required, you will sign any such document that is reasonably required to facilitate the return of the Products and the recovery of any import duties and taxes.
11.9 General Terms. The following general terms apply whenever you place a Qualifying Customer Order through the Merchant’s website:
11.9.1 Compliance with Applicable Laws. You certify that any Products purchased through a Qualifying Customer Order will not be imported, exported, sold, or transferred in violation of any applicable laws, including without limitation the United States Export Administration Regulations or applicable United States sanctions and embargoes administered by the United States Treasury Department, and equivalent statutes, regulations and codes of England and Wales or the EU. It is your responsibility to know the laws of the country into which you are importing any Products that you order from the Merchant’s website. By placing a Qualifying Customer Order you certify that the import of the Products you have ordered to the country of the shipping address you have provided does not violate any laws or regulations of that country.
11.9.2 Privacy. To complete your Qualifying Customer Order you will be providing personal information to the Merchant and Passport and you consent to your personal information being collected, used, processed, disclosed and/or stored by the Merchant and Passport and our service providers as may be required in order to process and complete your order and otherwise provide the services you have requested, in accordance with the Merchant’s and Passport’s Privacy Policy. Passport accepts no liability or responsibility for the collection, use, processing, disclosure or storage of your personal information by the Merchant or any service provider engaged by the Merchant. The collection, use, processing, disclosure and/or storage of your personal information by the Merchant or its service providers is governed by the Merchant’s privacy policy. The Merchant and Passport may analyze transactional data for the purpose of identifying trends, statistics and measurements that could contribute to the enhancement of the Merchant’s Customer experience and/or the services provided by Passport. Any transactional data analyzed for these purposes will be aggregated and de-identified, meaning that any personally identifiable information will be removed.
11.9.3 Electronic Communications. When you place a Qualifying Customer Order through the Merchant’s website, you are communicating with Passport electronically, and you consent to entering into the Terms by electronic means, and to receive communications from Passport electronically/via email. 11.9.4 Modifications. You acknowledge that Passport may make changes to its system, policies, and the Terms at any time. Passport will ensure that the current version of the Terms is presented every time you make a Qualifying Customer Order on the Merchant’s website. You are responsible for reviewing the Terms each time you make a Qualifying Customer Order. If you do not agree to any change in the Terms, you must not complete your order. Any order placed after the effective date of a change will constitute your agreement to the change and to the current Terms. 11.9.5 Severability. If any or any portion of the Terms is found to be invalid, void, or for any reason unenforceable, that term or portion of terms will be severed, and will not affect the validity and enforceability of the remaining terms. 11.9.6 Proceedings. Any action or proceeding arising out of or relating to the Terms must be brought in the courts of California, United States, and you hereby irrevocably agree to the jurisdiction of the courts of California, United States for all such purposes.
11.9.7 Language. The parties have agreed and expressly requested that the Terms and all documents related to them be drawn up in English.
11.9.8 Definitions. “Member State”, “third country” and “third territories” as defined in Article 5 of Council Directive 2006/12/EEC. “Products” means those goods offered for sale via the Merchant’s website which are not of a class or description subject to any duty of excise whether or not those goods are in fact chargeable with that duty, and whether or not that duty has been paid on those goods, or prohibited or restricted goods were they to be imported into the UK, and which are not subject to any restrictions on export, sale, or transfer in violation of any Applicable Laws. “Product Prices” means the prices including VAT at the appropriate rate of the Products as held out for sale to Customer by the Merchant and accordingly, by Passport to Customer; and “Product Price” means the price of an individual Product. “Qualifying Customer Order” meets all of the following conditions: (a) It is an order for Product or Products placed via the Merchant’s website which are to be transported from: (i) a third country or territory, excluding Northern Ireland (“NI”), to an address in a Member State of the EU (e.g., USA to France); (ii) a third country or territory, excluding the UK, or from a Member State of the EU to an address in Great Britain (e.g., Germany to England); or (iii a third country or territory, excluding NI, to an address in NI (e.g. USA to NI); and (b) In relation to the transport of a Product or Products to an address: (i) in Great Britain or NI, the total intrinsic value of the Product or Products comprising that order does not exceed £135 (one hundred and thirty five) British Pounds Sterling, or where Products comprising an order exceed that sum but are sent in separate consignments, the intrinsic value of each consignment of which the Product or Products form part does not exceed £135 (one hundred and thirty five) British Pounds Sterling; and (ii) in a Member State of the EU, the total intrinsic value of the Product or Products comprising that order does not exceed €150 (one hundred and fifty) Euros, or where Products comprising an order exceed that sum but are sent in separate consignments, the intrinsic value of each consignment of which the Product or Products form part does not exceed €150 (one hundred and fifty) Euros.