These Terms were last updated on 21st December 2015.
The Service is operated by Remarkable Internet Limited (“Remarkable.net”,“Vybe”, “we”, “us”, “our”). Remarkable.net is registered in England and Wales under company number 04232998 and has its registered office at Remarkable Internet Ltd, 19 / 20, H2O, Lake View Drive, Sherwood Park, Nottingham, NG15 0HT. Further information about Vybe, including how to contact us, is set out in Section 9.
Remarkable.net may update these Terms from time to time and the latest version will appear on the Vybe.com website with the date that they were updated. By using the Service after any changes have been posted, you agree to the new Terms.
Although Remarkable.net is working to ensure that the Service is compatible across various devices, Remarkable.net cannot guarantee that the Vybe will work with all devices. If you have any questions or any problems checking your device compatibility or installing the Vybe app on your device, please contact us.
To use certain functions on the Vybe Service, including buying Products (as defined below), you will need to set up an account with Vybe. You need to be 18 or over to create an account and must be resident in the United Kingdom. If you are over 13 but under 18 then you can register to use the Service but only with your parent or guardian’s permission and you must get the bill payer’s permission before buying any Products. Remarkable.net reserves the right to refuse to permit minors to use the Service at its discretion.
In all cases, you are responsible for your account, including making sure that your details are correct and kept up-to-date and ensuring that your password is secure. You are also responsible for all activity that takes place on your account.
Vybe acts only as a venue and marketplace which compiles, curates and displays a range of products (“Products”) from third party retailers (each a “Seller”) for you to discover Items/Products that are for sale and transact with Sellers. While Vybe helps facilitate transactions that are carried out on the Service, Vybe does not provide or sell the Products and is not party to any transaction you may make with a Seller or Seller website. This means that any contractual obligations arising out of a transaction using the Vybe Service are the responsibility of you and the Seller, not Remarkable.net.
Remarkable.net and the Vybe Service does not have any responsibility for, or liability related to, any Product listed (including your order of the same). You should direct any questions, complaints or claims related to any Product to the relevant Seller.
Unless otherwise stated, all prices on the Service are inclusive of any VAT payable but exclude delivery charges. We use our reasonable efforts to ensure that the prices of Products displayed on the Service are correct. However, despite our reasonable efforts, it may be possible that some of the Products on the Service may be incorrectly priced. If an error in the price of the Products you have ordered is discovered, you will be contacted and given the option of reconfirming your order at the correct price or cancelling it.
All Products offered on the Service are subject to availability or while stocks last. If you order a Product which is not in stock, no payment will be taken for that Product and we will notify you by email that the Product is not available. The availability and prices of Products may change from time to time. Any changes to prices will not affect any order that has been confirmed.
Depending on the device you are using to access the Service and/or the particular Product you are purchasing, the Service may re-direct you to the website of the Seller of that Product in order to complete the transaction. Where you are re-directed to a third party website and once you leave the Service, we have no control over or responsibility for any purchase you make and the terms and conditions of that website will apply.
If you are a consumer resident in the European Union, then you may have the right to return purchased Products for a refund within 14 days of you receiving the Products. Remarkable.net and the Vybe Service is not a party to your transaction with the Seller and so you should contact the Seller directly regarding any cancellation, return or refund in relation to a Product. The Product(s) must be returned directly to the Seller and the Seller is responsible for issuing all refunds in relation to cancelled contracts and returned Products. These cancellation rights do not affect your legal rights.
Although the Vybe Service does not process any returns, refunds or cancellations of orders, you do have certain statutory rights to cancel a contract within 14 days from when you receive a Product. If, during this period, you change your mind or want to return a Product, you should notify the Seller, including details of your order, and return the Product to them. The Seller is responsible for refunding you the price you paid for the Product together with any standard delivery costs you paid (excluding any supplementary delivery costs paid such as for quicker delivery or gift wrapping). Any refund will be less any reduction in value of the Product which has been caused by your handling of it in any way which would not be permitted in a shop. You may wish to visit your local Citizens Advice Bureau for more information about your statutory rights.
Remarkable.net will do its best to make sure that the Service is uninterrupted and error free, although we cannot guarantee this. Access to our Service is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service without notice (see below). If we need to suspend or restrict access to the Service or particular content, we will do our best to minimise any disruption to you and the Service. We may change or remove Items available on the Service from time to time. We will not be liable if for any reason the Service is unavailable at any time or for any period.
We have the right to disable any user name or password if, in our opinion, you have failed to comply with any of the provisions of these Terms.
You are responsible for making all arrangements necessary for you to have access to the Service. When accessing the Service over your mobile network, you will be using your data allowance. Vybe is not responsible for any charges you may incur in using the Service. You are also responsible for ensuring that all persons who access our Service through your internet connection are aware of these Terms, and that they comply with them.
The legal rights (including the intellectual property rights) in the Service are owned by Remarkable Internet Ltd. Any content on the Service and the compilation of this content is owned by us or licensed to us by third parties. All Products are owned, controlled or licensed by the Sellers.
Where we provide links from the Service to other sites, this will for information purposes only or to enable you to transact directly with a Seller. Remarkable.net has no control over, or responsibility for, the content on those sites.
You may use our Service for your own personal use and in accordance with these Terms and for lawful purposes. You may not use any Remarkable.net or Vybe trade marks, logos or other intellectual property without our express prior written permission. You may not use the Service for any illegal purpose or in any way that: (i) causes damage or harm to the Vybe Service, Remarkable.net, any Seller or any other User; (ii) breaches any applicable local, national or international law or regulation; (iii) is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; (iv) transmits, or procures the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or (v) knowingly transmits any data, sends or uploads any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You must not access without authority, modify, interfere, damage or disrupt the Service; any equipment or network used in the provision of the Service; any software used in the provision of the Service; or any equipment or network or software owned or used by a third party. You are responsible for compliance with local law and regulation when accessing the Service.
Remarkable.net will take any action it thinks is necessary to protect the Service and Vybe Users. This may include Remarkable.net suspending, restricting or terminating your account and access to the Service. You understand that if you breach these Terms, then we may decide to remove your access to the Service.
If Vybe does not comply with its obligations to you under these Terms or is negligent in providing the Service, Vybe is responsible for any loss or damage that you suffer which is a “foreseeable result” of such breach or negligence. Loss or damage is a foreseeable result if it is an obvious consequence of our failure to comply with these Terms.
BECAUSE VYBE/REMARKABLE.NET IS NEITHER THE BUYER NOR THE SELLER OF THE PRODUCTS, IF A DISPUTE ARISES CONCERNING A PRODUCT, BOTH YOU AND THE APPLICABLE SELLER RELEASE VYBE/REMARKABLE.NET (INCLUDING ITS EMPLOYEES, AGENTS AND GROUP COMPANIES) FROM CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
As a consumer, you are entitled to various statutory warranties (including, for example, that any service is carried out with reasonable skill and care, and any product purchased is of satisfactory quality). Nothing in these Terms shall have the effect of excluding or limiting those implied statutory warranties which may not be excluded or limited under applicable law.
Nothing in these Terms limits or excludes our liability for: (i) death or personal injury caused by our negligence; (ii) fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.
We may terminate these Terms at any time if: (a) you breach these Terms; (b) you become or threaten to become insolvent or bankrupt; or (c) we decide to suspend or terminate the Service.
These Terms do not affect your legal rights. For more information about your legal rights in relation to any Product purchased that is faulty or is not as described, you may wish to visit your local Citizens Advice Bureau or Trading Standards Office.
You agree to compensate and reimburse Vybe fully for any claims or legal proceedings which are brought against Vybe as a result of your breach of these Terms or misuse of the Service.
No other person has any rights to enforce any of these Terms.
If you have any feedback, questions or complaints or any requests for technical support, then please contact us – firstname.lastname@example.org. If your query concerns a Product, then please contact the relevant Seller.