WEBSITE TERMS OF USE AND TERMS OF SALE

Treasure Global Limited is a company registered in England and Wales under company number 13148145, with its registered office at 201 Mare Street, London, United Kingdom, E8 3QE and with VAT number GB 389863421 (the "Company"). The Company operates the website: http://thegestreon.com (the "Website").

1. Understanding these terms
   • These terms and conditions ("Terms and Conditions") are divided into three parts:
     • part 1: the terms of use ("Terms of Use"). These describe how you may: (i) access and use the Website and the content on it; and (ii) interact with the Website by (for example) submitting comments, images, videos or any other type of material. By using the Website, you confirm that you accept the Terms of Use and that you agree to comply with them;
     • part 2: the terms of sale ("Terms of Sale"). These set out the terms on which you may order the products available on the Website ("Products"). The Terms of Sale will become binding on you when you submit an order for Products via the Website and will be incorporated into the contract between you and us in relation to such order for Products ("Contract"); and
     • part 3: general terms ("General Terms"). These set out certain terms and conditions that apply equally to your use of the Website under the Terms of Use and any purchases that you make through the Website under the Terms of Sale, including (for example) where you should direct any complaints and the law that governs these Terms and Conditions.
   • Terms and conditions you provide have no legal effect and do not form part of these Terms and Conditions.
   • When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as "defined terms"). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
   • In these Terms and Conditions, when we refer to "we", "us" or "our", we mean the Company; and when we refer to "you" or "your" we mean:
     • you, the person accessing or using the Website; and
     • where applicable, the business on whose behalf you are acting.
   • Please note:
     • if you are acting for purposes that are wholly or mainly outside your trade, business, craft or profession, you are acting as a "consumer"; or
     • if you are acting for purposes relating to your trade, business, craft or profession, then you are acting in the course of a business (a "Business User").
   • If you are acting on behalf of your employer or another business when you access and use the Website, including to make purchases via the Website, you represent and warrant that:
     • you have full legal authority to bind your employer or that business; and
     • you agree to these Terms on behalf of the business that you represent.
   • Please note that: (i) the Website uses cookies, the use of which are governed by our cookies policy; and (ii) we only use your personal information in accordance with our privacy notice (our cookies policy and privacy notice are available here).

 

PART 1: TERMS OF USE

2. The Website
   • The Website is made available free of charge. 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. We may update the Website and/or change the content on it at any time.
   • You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.
   • The Website and the content on it are provided for general information purposes only. They are not intended to amount to advice on which you should rely.
3. Your account and password
   • You will need to register an account with us on the Website in order to access certain services available on the Website ("Account"). In order to register an Account, you must be aged [18] or over. If you are under 18 and want to register an Account, you must have your parent or legal guardian’s permission. If you register an Account, you will be asked to provide certain information (such as your email address) and to create a password, as part of our security procedures. You must treat such the password as confidential and you must not disclose it to any third party. Once you register an Account, you will be a “Registered User”.
   • You agree that:
     • the information you submit on the Website will be accurate and truthful; and
     • you will keep your Account details accurate and up-to-date.
   • We have the right to disable any Accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
   • If you know or suspect that anyone other than you knows your Account login details, you must immediately notify us at [email address].
   • You are responsible for any unauthorised use of your Account login details.
4. Acceptable use

General

• You agree:
  • not to use the Website in any way that breaches these Terms and Conditions or any applicable local, national or international law or regulation;
  • not to copy, or otherwise reproduce or re-sell any part of the Website unless expressly permitted to do so in these Terms;
  • not to do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Website or any equipment, network or software used in operating the Website;
  • not to use the Website to develop or provide, directly or indirectly, any product or service that competes with our business;
  • not to infringe our intellectual property rights or those of any third party in relation to your use of the Website (to the extent that such use is not licensed under these Terms);
  • not to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Website;
  • not to use the Website by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from the Website for use within a third-party website or application;
  • not to collect or harvest any information or data from the Website or our systems or attempt to decipher any transmission to or from the servers running the Website;
  • not to use the Website for unauthorised mass-communication such as “spam” or “junk mail”;
  • except as permitted by applicable law, not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Website or its contents, or attempt to do any such thing; and
  • to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Website.
• If you wish to place a link to our Website on other sites you may do so only to the home page of this Website and with our prior permission. Deep linking (i.e. links to specific pages within this Website) requires our additional express permission. To find out more please contact us by email on [insert].

User Generated Content

• If it is the case that you supply/upload any content to the Website – whether it be pictures, text, sound recordings or whatever – the content you supply ("User Generated Content") must comply with the following rules:
  • it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;
  • it must not harass or bully another person;
  • it must be true and honest so far as you know;
  • it must not: (i) constitute pornography; or (ii) be sexual or sexually suggestive involving minors;
  • it must not be defamatory of anyone;
  • it must not be unlawful;
  • it must not use the material or content or infringe the rights or privacy of anyone else; for example you should not use images of well-known characters, footage or music (unless it is your own or you have permission to use it);
  • it must not contain someone else’s personal details or confidential information relating to other people;
  • it must not promote discrimination, whether based on ethnicity, race, sex, religion, nationality, disability, sexual orientation or age;
  • it must not promote or condone terrorism, violence or illegal behaviour;
  • it must not be harmful to minors in any way;
  • it must not impersonate any person, or misrepresent your identity or affiliation with any person;
  • it must not give the impression that it emanates from or is endorsed by us, if this is not the case; and
  • it must not violate these Terms and Conditions.
• We reserve the right to refuse to accept or refuse or cease to use any User Generated Content supplied by any person that we think contravenes these rules. If you become aware of any User Generated Content that breaches clause 3 above, please contact us on [insert contact details], providing details of: (i) the date on which it was posted and where it can be found on the Website; (ii) the username of the person who posted it; (iii) reasons why the content should be deleted; and (vi) copies of any communication with the person who posted it (if any).
• In addition, we may from time to time provide interactive services on the Website that shall enable you to upload User Generated Content, including, without limitation:
  • comment facilities;
  • chat rooms; and/or
  • bulletin boards,

(together "Interactive Services").

• Where we provide an Interactive Service, we will use reasonable endeavours to provide information to you about the kind of service offered and if it is moderated. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide.
• The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online. Minors who are using any Interactive Service should be made aware of the potential risks to them.

Viruses

• We do not guarantee that the Website will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website and we recommend that you use your own virus protection software.
• You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the 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 the Website will cease immediately.

5. Intellectual property
   • We are the owner or licensee of all intellectual property rights in the Website and its content and the [Gestreon] name and mark. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
   • You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms and Conditions.
   • No part of the Website, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way unless otherwise indicated on this Website or unless you have obtained our prior written consent.
   • Any communications or materials you send to us through the Website by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you use the Website to buy Products from us). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.
6. Our liability
   • Nothing in these Terms of Use excludes or limits our liability for:
     • death or personal injury caused by our negligence;
     • fraud or fraudulent misrepresentation; and
     • any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
   • The Website may from time to time contain links to third party websites. You are responsible for deciding whether to access a third party website and your use of third party websites will be governed by the terms and policies of that third party website. We assume no responsibility for the content of websites linked to from the Website (including links to our commercial sponsors and partners). Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

If you are a Business User

• If you are a Business User then, subject to clause 1:
  • in no event shall we be liable to you for any loss of profits, loss of revenue, loss of contracts, failure to realise anticipated savings or for any indirect or consequential loss, whether arising from negligence, breach of contract or otherwise; and
  • our total liability to you for any loss or damage arising out of or in connection with these Terms of Use, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to [£100].
• You shall indemnify and hold us harmless against any losses, costs, liabilities and expenses suffered or incurred by us and/or our affiliates as a result of any breach by you of these Terms of Use.

If you are a consumer

• If you are a consumer then, save as set out in clause 1, the following sub-clauses apply.
  • If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Website.
  • Nothing in these Terms of Use affects your statutory rights. In the UK, advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
  • You agree not to use the Website, or any content on the Website, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • Our total liability to you for any loss or damage arising out of or in connection with these Terms of Use, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to [£100].

 

PART 2: TERMS OF SALE

7. Understanding these Terms of Sale
   • These Terms of Sale set out the terms on which you may order Products made available on the Website from our Partners (as defined below). These Terms of Sale will apply to each purchase that you make on the Website, so please make sure you read them carefully.
   • These Terms of Sale form a contract between you and each Partner that you purchase a Product from. Where we conclude a sale on the Website with you for the purchase of a Product, we do so on behalf of the Partner, as the Partner’s agent/intermediary.
   • In these terms:

“Confirmation Email” has the meaning given in clause 8.5;

“Order” has the meaning given in clause 8.1;

“Order Acknowledgement” has the meaning given in clause 8.4;

“Price” means the price set out on the Product page for the provision of a Product and/or Service;

“Partner” means any person, other than us, offering Products on the Website;

“Partner Contract” means the contract between you and a Partner in relation to your Order for Products; and

“Regulations” has the meaning given in clause 11.1.

8. Ordering Products
   • You must be at least 18 years old to place an order via the Website (an "Order").
   • When placing an Order you agree that you are responsible for reading the full description of the Product and any further information detailed in on the Product page prior to placing the Order.
   • To submit an Order you must first register an account on the Website and then follow the procedure set out on the Website to submit your Order. You should check all of the information that you enter and correct any errors before submitting your Order, as once your Order is submitted, we will begin processing it immediately. Please note that all orders placed and processed via the Website shall be in the English language. These Terms of Sale will not be filed by us or our Partners.
   • Your Order constitutes an offer to the Partner. When you place an Order, we (acting as agent/intermediary for the Partner) will send you an email acknowledging receipt of your Order ("Order Acknowledgment"). Please note the Order Acknowledgement does not constitute acceptance of your Order.
   • We (acting as disclosed agent/intermediary for the Partner) will confirm acceptance of your Order by sending you an email confirming the information you included in your Order (the "Confirmation Email"). Unless you have cancelled your Order prior to this point or you have been notified by us (acting as agent/intermediary for the Partner) that your Order cannot be accepted, these Terms of Sale and the Order will become legally binding on you and the Partner when we (acting as agent/intermediary for the Partner) send you the Confirmation Email and each Order shall incorporate the Terms of Sale and shall be a new and separate Partner Contract between you and the Partner.
   • In rare circumstances, a Product that you order may no longer be available. Where this is the case:
     • we will notify you as soon as possible; and
     • if you have already paid for your Order, you will receive a full refund.

9. DELIVERY OF PRODUCTS
   • The costs of delivery will be as displayed to you during the order process.
   • You will be provided with a delivery estimate on the Website before placing your Order.
   • If the delivery of the Products is delayed by an event outside our control then we (acting as agent/intermediary for the Partner) will contact you as soon as possible to let you know and will take steps to minimise the effect of the delay.
   • If no one is available at your address to take delivery of the Products, a note will be left at your address informing you of how to rearrange delivery or collect the Products from a local depot.
   • If you do not collect the Products as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions. If, despite our reasonable efforts we are unable to contact you or re-arrange delivery or collection, the we (acting as agent/intermediary for the Partner) may end the Partner Contract.
   • If we end the Partner Contract pursuant to clause 5, any money you have paid in advance for Products that have not been provided will be refunded but we (acting as agent/intermediary for the Partner) may deduct or charge you reasonable compensation for the net costs incurred as a result of your breaching the Partner Contract.
   • A Product will be your responsibility from the time it is delivered to the address you provided in your Order. You own a Product once you have paid for it in full.
10. PAYMENT
    • The Price and (if applicable) any delivery costs are set out on the Website and are inclusive of VAT.
    • It is always possible that, despite our best efforts, some of the Products or Services may be incorrectly priced. We will normally check prices with the Partner before your Order is accepted so that, where a Product or Service's correct price at the time of your Order is less than the stated price at that time, you will be charged the lower amount. If the Product or Service's correct price at the time of your Order is higher than the price stated to you, we will contact you for your instructions before your Order is accepted. If your Order is accepted and processed where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, the Partner may end the Partner Contract and any sums you have paid will be refunded.
    • If your payment is not authorised, your Order will not be fulfilled.
    • All payments due from you under a Partner Contract must be made using the Website. You agree not to make direct arrangements with a Partner for payment to be made other than on the Website.
11. CANCELLATION AND REFUNDS

This clause 11 only applies if you are a consumer.

Cancellation/changes to an Order

• You have a legal right to change your mind and cancel the Partner Contract within 14 days of delivery of your Products without giving a reason. This right, under the Consumer Contracts (Information, Cancellation and Charges) Regulations 2013 (the “Regulations”), is explained in more detail below.  Please note that the right to change your mind does not apply to any bespoke Products you purchase on the Website (i.e. Products that have been created to your specification or which are clearly personalised).
• The cancellation period specified in clause 1 will expire 14 days from the day on which you acquire, or a third party indicated by you in your Order (other than the delivery provider) acquires, physical possession of the Products. You may cancel the Partner Contract in respect of all Products delivered or in respect of certain of the Products only. Where you order multiple Products in one order or Products are delivered in separate parts, lots or pieces, the cancellation period will expire 14 days from the day on which you acquire, or a third party indicated by you in your Order (other than the delivery provider) acquires, physical possession of the last Product, part, lot or piece that makes up your Order. 
• To exercise the right to cancel under clause 1, you must inform us of your decision to cancel the Partner Contract  by making a clear statement (e.g. a letter sent by or email). You may use the following model cancellation form to exercise your right to cancel but you are not required to do so:

Model Cancelation Form To: [name], [address] E-mail address: [e-mail address]   I/We(*) hereby give notice that I/We(*) cancel from my/our (*) contract of sale of the following goods(*)/for the provision of the following service*, Ordered on(*) / received on(*) Name of consumer(s), Address of consumer(s), Signature of consumer (only if this form is notified on paper) Date (*) Please delete if not applicable

 

• To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired.
• All payments received from you will be reimbursed, including (if paid separately to the Price) the cost of delivery if you ordered a Product (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered on the Website and for any deductions permitted under clause 8).
• You will be reimbursed without undue delay, and not later than:
  • 14 days after the day the Partner receives back from you any Products supplied;
  • (if earlier) 14 days after the day you provide evidence that you have returned the Products; or
  • if there were no Products supplied, 14 days after the day on which we are informed about your decision to cancel the Partner Contract.
• If you wish to exercise your right to cancel, reimbursement may be withheld until the Partner has received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
• A deduction may be made from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the Products resulting from the unfair and/or unreasonable wear and tear of the Products other than what is necessary to establish the nature, characteristics and functioning of the Products.

How to return Products

• If you wish to exercise your rights to a refund under this clause 11, you must return those Products to the address specified by us
• The Partner will pay the costs of return if the Products are faulty or misdescribed in accordance with clause 13. In all other circumstances, you must pay the costs of return.
• You are responsible for taking reasonable care of the Products until they are returned to the Partner. You should ensure that you keep proof of postage. You will not receive a full refund if the Products are not returned to [the Partner] or if they are damaged when they arrive.

Refund payments

• You will be reimbursed using the same means of payment as you used for the initial transaction; you will not be charged any fees by us or the Partner for the reimbursement.

Other refunds

• You have legal rights in relation to Products that are not as described, faulty or otherwise not fit for purpose. If you believe that any Products that you have ordered do not conform with these Terms of Sale, please contact us to request a replacement or refund.
• If, due to unforeseen circumstances, the Partner is unable to fulfil your Order or any of the Products in a particular Order, you will receive a refund equal to the value of the Product(s) the Partner is unable to fulfil and, if the full Order is cancelled, any delivery costs (if paid separately to the Price). You may obtain a refund by contacting us.

12. PRODUCTS
    • We try to ensure that the descriptions of Products on the Website are as accurate as possible. However, the descriptions are based on information that have been provided to us by our Partners (who remain responsible for the descriptions of the Products) and we therefore cannot guarantee that they will always be complete accurate. Please contact us if you require further details about a Product. The images of the Products on the 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.
    • The packaging of the Products may vary from that shown in images on the Website. Please note that, whilst the packaging of the Products may be Gestreon branded, the Products are supplied by the Partner.
13. OUR LIABILITY
    • Nothing in these Terms of Sale excludes or limits our liability for:
      • death or personal injury caused by our negligence;
      • fraud or fraudulent misrepresentation; and
      • any matter in respect of which it would be unlawful for us to exclude or restrict its liability.
    • Save as set out in clause 1, if you have entered into a Partner Contract the following sub-clauses apply.
      • In no event shall we be liable to you for any loss or damage that you suffer under or in connection with any Partner Contract.
      • If you are a consumer, in no event shall we be liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
      • If you are a Business User, in no event shall we be liable to you for any loss of profits, loss of revenue, loss of contracts, failure to realise anticipated savings or for any indirect or consequential loss, whether arising from negligence, breach of contract or otherwise.
    • If you are a consumer and we fail to comply with these Terms of Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that these Terms of Sale became binding on you and us (i.e. when your Order was placed).
    • Save as set out in clause 1, our maximum liability to you under these Terms of Sale will be limited to [£100].
14. PARTNER LIABILITY
    • Nothing in these Terms excludes or limits the Partner’s liability for:
      • death or personal injury caused by our negligence;
      • fraud or fraudulent misrepresentation; and
      • any matter in respect of which it would be unlawful for the Partner to exclude or restrict its liability.
    • Save as set out in clause 1, the following sub-clauses apply:
      • If you are a consumer, in no event shall the Partner be liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
      • If you are a Business User, in no event shall the Partner be liable to you for any loss of profits, loss of revenue, loss of contracts, failure to realise anticipated savings or for any indirect or consequential loss, whether arising from negligence, breach of contract or otherwise.
    • If you are a consumer and the Partner fails to comply with these Terms of Sale, the Partner is responsible for loss or damage you suffer that is a foreseeable result of the Partner’s breach of these Terms of Sale or its negligence, but the Partner is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of the Partner’s breach or if it was contemplated by you and the Partner at the time that the Partner Contract became binding (i.e. when the Confirmation Email for your Order with the Partner was issued).
    • If you are a consumer, the Partner is under a legal duty to provide you with Products that are in conformity with the Partner Contract. Nothing in these Terms affects your statutory rights.  If you are resident in the UK, advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office. 
    • Save as set out in clause 1, the Partner’s maximum liability to you under the Partner Contract in respect of any particular Order will be limited to the value of that Order (which includes any delivery costs (if paid separately to the Price)) as set out in the relevant Confirmation Email.
15. CHANGES TO THESE TERMS

We may make changes to these Terms of Sale from time to time (if, for example, there is a change in the law that means we need to change these Terms) but the Terms of Sale applicable at the time of your Order will apply to that Order. Please check these Terms of Sale regularly to ensure that you understand the Terms of Sale that apply at the time that you order Products.

16. ASSIGNMENT
    • The Partner may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Partner Contract. In the event that you have made a purchase and the Partner transfers its rights and obligations pursuant to this clause 1 and your rights and obligations materially change, we (acting as agent/intermediary for the Partner) will notify you and you will have the right to cancel the Partner Contract, provided the Partner has not already delivered the Products to you.
    • You may not assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under the Partner Contract without the Partner’s prior written consent.
17. OTHER IMPORTANT INFORMATION
    • If the Partner fails to insist that you perform any of your obligations under the Partner Contract, or if the Partner does not enforce its rights against you, or if it delays in doing so, that will not mean that it has waived its rights against you and will not mean that you do not have to comply with those obligations. If it does waive a default by you, it will only do so in writing, and that will not mean that it will automatically waive any later default by you.
18. GOVERNING LAW AND JURISDICTION
    • The Partner Contract is governed by English law. This means that your purchase of from the Partner, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by English law.
    • You can bring proceedings in respect of these Terms in the English courts. If you are a consumer who is resident in the UK or the European Union, you may bring any dispute which may arise under the Partner Contract to, at your discretion, either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is within the UK or is an EU Member State, which courts are (with the exclusion of any other court) competent to settle any of such a dispute. The Partner shall bring any dispute which may arise under the Partner Contract to the competent court of your country of habitual residence if this is within the UK or is an EU Member State or otherwise the competent court of England.
    • If you are resident in the UK or the European Union and the Website is directed to the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in you are resident. Nothing in the Partner Contract, including clause 1, affects your rights as a consumer to rely on such mandatory provisions of local law.
      

 

PART 3: GENERAL TERMS

19. Suspension and termination
    • If you breach any of these Terms and Conditions, we may immediately do any or all of the following (without limitation):
      • issue a warning to you;
      • temporarily or permanently remove any User Generated Content uploaded by you to the Website;
      • temporarily or permanently withdraw your right to use the Website;
      • suspend or terminate your Account;
      • issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
      • take further legal action against you; and/or
      • disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
    • If a Partner Contract is cancelled as a result of the situations set out in clause 1, any money you have paid in advance for Products that have not provided will be refunded but we may deduct or charge you reasonable compensation for the net costs that will be incurred by us or the Partner as a result of your breaching the Partner Contract.
20. Changes to these Terms and Conditions

We may make changes to these Terms and Conditions from time to time (if, for example, there is a change in the law that means we need to change these Terms and Conditions) but the Terms of Sale applicable at the time of your Order will apply to that Order. Please check these Terms and Conditions regularly to ensure that you understand the Terms and Conditions that apply at the time that you access and use the Website and/or order Products.

If you are a consumer who is a Registered User, we will provide you with at least [thirty (30)] days’ advance notice of any changes to the Terms of Use and/or these General Terms, unless the change is due to a change in law or for security reasons (in which case we may need to change the Term of Use and/or these General Terms on shorter notice). If you do not wish to continue using the Website following the changes to the Terms of Use and/or these General Terms, you can cancel your agreement to the Terms of Use and/or these General Terms by cancelling your Account.

21. Other important information
    • Each of the clauses of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
    • If we fail to insist that you perform any of your obligations under these Terms and 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.
22. Governing law and jurisdiction
    • These Terms and Conditions are governed by English law. This means that your access to and use of the Website, your purchase of Products, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by English law. 
    • If you are a Business User, you and we irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or their subject matter or formation.
    • If you are a consumer, you may bring any dispute which may arise under these Terms and Conditions to, at your discretion, either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is within the UK or is an EU Member State, which courts are (with the exclusion of any other court) competent to settle any of such a dispute. We shall bring any dispute which may arise under these Terms and Conditions to the competent court of your country of habitual residence if this is in within the UK or is an EU Member State or otherwise the competent court of England.
    • If you are a consumer and are resident in the UK or the European Union and we direct the Website to (and/or pursue our commercial or professional activities in relation to the Website in) the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms, including clause 1, affects your rights as a consumer to rely on such mandatory provisions of local law.
23. Contacting us
    • Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us by using the following details:

Address: Treasure Global Limited t/a Gestreon

Email address: hello@thegestreon.com

Thank you.

Terms and Conditions last updated 25/11/2021