These Terms & Conditions (“Customer Terms”) outline how you may use the onelemonstreet.com website (the “Site”). In addition to these Terms & Conditions you should also take note of the terms and conditions of sale of each individual seller on their storefront or product page before making any order. We may update these Customer Terms from time to time and we will notify you of any significant changes to our Customer Terms by providing you with notice of the update on our Site, but you should ensure you remain up-to-date with any changes by periodically reviewing the Customer Terms.
Your continued use of the Site constitutes your acceptance of the Customer Terms and your agreement to be bound by these Customer Terms. If you do not agree to these Customer Terms then you should not continue to use the Site or the Service offered by One Lemon Street.
- The Service
One Lemon Street is an online marketplace which brings together suppliers who make their products available to you (the “Customer”) via the Site (the “Service”). The Service is operated by One Lemon Street Marketplace Limited (“we”, “us”), a company registered in Ireland trading as www.onelemonstreet.com.
- Accessing the Service
Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the Site without notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period.
You must ensure that any information provided to you by us, such as a password or unique user ID, is kept confidential and you should not disclose such information to a third party. We may, at our discretion, disable your access to your account made available to you by us should we deem, at our absolute discretion, that you have breached these Customer Terms.
You are responsible for ensuring that any information you upload to the Site (including your name, address and other contact information) is accurate and you should check the accuracy of your information before making a purchase.
- Intellectual property rights
We own, or are the licensee to, all right, title and interest in and to the Service, including all intellectual property rights under relevant patent, copyright, trade secret or trademark law, and any and all other proprietary rights. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from any part of the Service and Site.
You must not extract or otherwise use any of the content on the Site and/or Service for commercial purposes without obtaining a license to do so from us or our licensors. We respect the intellectual property rights of others and we ask our Sellers to do the same. If you are aware that any of your intellectual property rights have been infringed on the Site, please contact us at firstname.lastname@example.org to report the concern.
- The Contract of Sale
When you purchase goods and/or services from a Seller via the Site, the resulting legal contract is between you and that Seller and such contract shall comprise of these Customer Terms, the email confirmation of your order and the applicable details on the product page and you agree to be bound by all such provisions. In the event of any conflict, these Customer Terms shall prevail.
We cannot give any undertaking that goods and/or services you purchase from Sellers through the Site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Seller. Where you order goods and/or services through the Site we may disclose your customer information related to that transaction to the relevant Seller.
We do not review or control, and are not responsible in any way for, listings provided by Sellers and at no time do we possess any items offered for sale by Sellers through the Site.
- Disclaimer of Warranties and limitation of liability
(a) To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Service.
(b) The Site and the Service is provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.
(c) Your use of the Site is at your own discretion and risk, and you are solely responsible for any loss or damages to your hardware device(s) or loss of data that results from the use of the Site.
(d) Neither we nor our licensors are liable to you or any user for any use or misuse of the Site. Such limitation: (a) includes direct damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages); (b) includes indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages); (c) applies whether damages arise from use or misuse of and reliance on this Site, from inability to use the Site, or from the interruption, suspension or termination of the Site (including any damages incurred by third parties).
(e) Nothing in these Customer Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
- How contracts are formed between you and Sellers
Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to the Customer Terms and the applicable details on the product page.
No order shall be deemed to be accepted by the Seller until we (acting as the commercial agent of the Seller) issue an email acknowledgment of order. The contract between you and a Seller will relate only to those goods and/or services notified in the email acknowledgement of order.
- Payment methods
Purchases for goods and/or services you make with Sellers may only be paid for using the payment methods we make available from time to time through our payment facility or by redeeming gift vouchers against us to put towards your purchase of goods and/or services on the Site. Except as otherwise described in the gift voucher special terms and conditions below, in accepting or otherwise processing your payments related to the purchase of items from sellers, we act in the capacity as commercial agent of the Seller. In respect of all payment methods including gift vouchers, the Seller acknowledges and agrees that the valid payment by you to us or redemption of a voucher for the purchase of item(s) between you and the Seller will satisfy your obligation to pay the Seller for the relevant item(s) and consequently, any debt obligations owed by you to the Seller for the purchase of such items shall be extinguished at that time. You acknowledge that these Customer Terms, and/or any transaction made by you via onelemonstreet.com, do not create or imply any partnership, joint venture or trust relationship between us, you and/or the Seller. The Seller further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us. All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the destination you choose to have the item delivered. Prices include VAT for items that are applicable, based on the applicable VAT rate.
- Refusal of transaction
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
- Delivery arrangements
The checkout on the Site displays the goods you have chosen, the Seller who shall provide them and details of postage and packing. The delivery costs for each Seller vary according to the delivery methods they offer.
- Import regulations and duty
If you order goods from our Site for delivery outside the UK, they may be subject to import duties and taxes, which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
If you wish to discuss or organise a return, refund or replacement of any non-cancellable item purchased through the Site (see below for a description of non-cancellable items), please log into your account, and send a refund & return request to the seller by emailing email@example.com.
For all items you have 14 days to request a refund, return or replacement from the seller of your purchased item from the date you received your item. The cancellation period will expire 14 days from the day on which you receive the goods you have ordered.
How to cancel, return, refund or replace an item
Cancelling an ordered item:
If you have not received an email notification that your order has been dispatched, then you are eligible to ‘cancel’ your order. If you have received an email notice that your item has been dispatched, then request a refund instead of a cancellation. To cancel an order, please email firstname.lastname@example.org. If an order has already been dispatched, the Seller may refuse the cancellation and you will need to request a refund, which is subject to the individual Seller’s refund and returns policy.
Refunds & Returns:
Only after you have received email notification that your item has been dispatched, can you request a refund. To do this, please email email@example.com. The refund request will be assessed by the Seller in accordance with their refund and returns policy.
If you agree to return the item, from the point you receive email notification of ‘refund & return’, then you have 14 days from that date to return the item to the seller at their address stated in the email and within the refund page for the order in question. We highly advise you use a tracked option with your courier so you have proof that the item did arrive back to the seller in case if this is contested.
On the 15th day, we will send the seller an email, confirming that they received the return item back successfully. If the item was returned successfully, we will process the refund on the 16th day from the date you received email notification to the return the item to the seller.
Replace an item:
If you wish to have the item replaced, please email firstname.lastname@example.org. The Seller will assess the replacement request in accordance with their own terms and conditions. Once you and the Seller agrees to replace the item, the Seller will send you the replacement outside of the One Lemon Street service, based on the terms you and seller decide.
Please don’t destroy or throw away any product, even if it’s faulty, before you’ve spoken to the Seller and agreed that doing so won’t affect any refund you may be entitled to.
Please note that you are liable for any diminished value of the product resulting from the handling of the product in any way other than what is necessary to establish the nature, characteristics and functioning of the product while you are responsible for it (this includes, in the context of a return, when the product is in transit back to the seller).
Unfortunately, some items are non-cancelable and non-refundable:
- Anything that’s made to your specific requirements (ie: outside of standard customisation options offered by the seller to all customers), is personalised or otherwise can’t be resold due to a bespoke element
- Perishable items (like food or flowers)
- Creative pieces that are specially commissioned when you place an order, like art, sculpture and ceramics
- Personal items sold with a hygiene seal (like cosmetics or underwear) where the seal is broken.
To avoid disappointment, please check whether an item is cancellable or non-cancellable before ordering.
You may link to our home page on the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Company expressly reserves the right to revoke the right granted in this clause for breach of these Customer Terms and to take any action it deems appropriate.
Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission at any time.
The Site provides links to other websites for your information. If you use these links, you leave the Site. We have not reviewed these third party websites and we have no control over such sites or resources. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them.
- Uploading material to the Site
Uploaded material must not: (i) be defamatory of any person; (ii) contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; (iii) infringe any copyright, database right or trademark of any other person; (iv) be likely to deceive any person; (v) promote any illegal activity; (vi) be likely to harass, upset, embarrass, alarm or annoy any other person; or (vii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Any material a user uploads to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose a user’s identity to any third party who is claiming that any material posted or uploaded by such user constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by users. We have the right to remove any material or posting a user makes on the Site.
- Viruses, hacking and other offences
You must not misuse our Site or any part of the Service by 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 Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack. In the event we suspect any of the above-listed offences may take place or have taken place, we will suspend your access to the Site immediately.
If we fail at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Customer Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Entire agreement
These Customer Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.
- Force majeure
Where we or a Seller are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our or the Seller’s reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Seller’s workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Seller’s (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.
- Rights of Third Parties
No provision of these Customer Terms shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of either onelemonstreet.com or the Seller) under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Nothing in this clause excludes the rights of onelemonstreet.com when acting as commercial agent of any Seller.
- Law and jurisdiction
Contracts for the purchase of goods or services through our Site or the App shall be governed by Irish law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of Ireland.
- Feedback and Complaints
We welcome feedback about the Site. We may make alpha or beta access to the Service available and we might require your participation in any testing to be confidential. If you do provide any feedback to us regarding any service that we make available to you, you agree that we own all rights to use and incorporate your feedback into our services and products, without payment or attribution to you.
- Dispute Resolution. If you have any complaints about a specific Seller regarding goods or services purchased from a Seller via the Site, you must direct your complaint to the respective Seller concerned through the contact details provided on the order confirmation email in order to resolve the issue directly with them. If you have made a complaint and have exhausted all of the dispute resolution options available to you through the Site and with the Seller, you must email email@example.com where we will assist with a resolution.