TRADING AS “AGORA”
ONLINE TERMS OF PURCHASE
These Terms of Purchase (the "Terms") are the Terms which apply when you access the website https://agoraworld.co/ or any other variations of the domain and the corresponding mobile application AGORA (hereinafter referred to collectively as the "Platform") or place orders to purchase any of the products made available to you on the Platform.
Any reference to "you"/ "your" means you, the user of the Platform.
"Seller" means a third party seller who sells products to you via the Platform.
By accessing the Platform or when you place orders to purchase any of the products on the Platform you agree to be bound by these Terms.
Changes to Terms
We reserve the right to change or modify these Terms including for legal, regulatory or security reasons at any time. Whilst we will flag changes on the Platform and/ or send emails in relation to major changes, it is your responsibility to check the Terms for changes. If you do not agree to any of the Terms then you can simply stop using the Platform at any time. If you have any questions, concerns, or comments about our Terms please contact us.
Information about us and how to contact us
We are Guybrush Limited, a company registered in England and Wales, trading as "AGORA". Our company registration number is 11780909 and our registered office is at 2 Eastbourne Terrace, Paddington, London, W2 6LG.
You can contact us by email at [email protected] or by post at the following address: AGORA, 2 Eastbourne Terrace, Paddington, London, W2 6LG.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
When we use the words "writing" or "written" in these Terms, this includes emails.
Your contractual relationships
For products that we sell directly, for example beauty boxes, we work directly with leading beauty brands and their partners. The products offered by us for sale on the Platform are genuine.
To enable us to offer you a wider and more diverse range of products we work with a number of carefully selected Sellers. For orders fulfilled by Sellers, please view the dispatch timescales, delivery timescales, delivery charges and returns information on the specific Seller page. Delivery options and charges will be set up by each Seller and you will be able to select these when you checkout.
Please be aware whether the product you are purchasing is fulfilled by AGORA or by a Seller and read the relevant terms and conditions carefully.
For orders fulfilled by Sellers, the contract is made between you and the relevant Seller. If you order a product fulfilled by a Seller the delivery will be via their chosen delivery partners.
AGORA acts as the Seller’s approved partner for payment and you authorise AGORA to take payment on their behalf.
Unless otherwise stated in these Terms and Conditions, AGORA has no responsibility to you in respect of contracts made with Sellers and all references in these Terms and Conditions to "we", "us" and "our", shall be deemed to refer to the Seller in that context. In the event of any inconsistency between these Terms and Conditions and the Seller’s terms and conditions, the Seller’s terms and conditions will prevail.
We do not sell products to children under the age of 18 although we may sell products suitable for children to adults. Not all products will be appropriate for all ages, please check the product information. If you are under 18 you may not purchase products from the Platform although you may use the non-transactional parts of the Platform. By ordering products you represent that you are 18 years of age or older.
Products may vary slightly from their pictures. The images of the products on the Platform are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
Product packaging may vary. The packaging of the product may vary from that shown in images on the Platform.
The ordering process and order confirmation
Your order constitutes an offer to us to buy the products you select from the Platform. All orders are subject to availability and to acceptance by us. We reserve the right to refuse to accept an order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. All communications will be addressed to the email address you supply when you register.
By placing an order for the delivery of goods via the Platform:
- For orders fulfilled by AGORA, you are making an offer to AGORA to deliver the goods described in your order under the Terms of the order;
- For orders fulfilled by a Seller, these will be dispatched directly from their warehouse and delivered by their chosen delivery partners.
You may select items from our range of products, details of which will be added to the "Shopping Bag" by clicking on the "Add to Cart" button. Before placing an order you can view and amend your order details at any time by clicking on the "Shopping Bag".
By clicking on "Buy with Apple Pay" (or equivalent button for other payment methods) at Checkout, you submit an offer to buy the goods in the Shopping Bag.
Once you have placed an order for goods (and delivery if applicable) you will receive a confirmation that your order has been received (see below).
You will automatically be sent an email confirming receipt of your order (the "Confirmation Email") with a summary of the details of your order, which we recommend you print out and keep for your own records. The Confirmation Email does not constitute our acceptance of your order; it merely records the fact that AGORA has received your order. Please check that all details in the Confirmation Email are correct. If not, or if you do not receive a Confirmation Email please contact us.
When your goods are dispatched, AGORA or the Seller will send a second email which shall constitute acceptance of your order (the "Acceptance Email") at which point a binding contract of sale for products will be concluded between you and us or between you and the Seller as applicable.
You can find details about all your orders on the Platform, where they will be recorded and retained.
Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.
Our rights to make changes
We may change the product and the product description on the Platform to reflect changes in relevant laws and regulatory requirements.
Prices, delivery charges and payment
The price of a product shall be as stated on the Platform at the time you place your order except in the case of obvious error. We try to ensure that all prices on the Platform are accurate but errors may occur. If we discover an error in the price of a product you have ordered, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch the item to you. In those circumstances, we will inform you of the correct price as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel no payment will be taken; or if payment has already been taken, it will be refunded.
We accept payment with Visa, Mastercard, American Express and Apple Pay. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you. You warrant that the payment card details you submit are yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer or payment provider.
Fraudulent payment credentials will be reported to the relevant authorities. If the issuer of your payment credentials refuses to authorise payment we will not accept your order and neither we nor any Seller will be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
We are not responsible for your payment credentials issuer charging you as a result of our processing of your payment in accordance with your order.
Any discount or other promotional codes issued by AGORA from time to time are strictly subject to the individual terms and conditions with which they were issued, which may include, amongst other things, eligibility of use and maximum order value. Discount codes are non-transferable and bear no cash value. Any discount code sent to you by email or any other method is confidential and the Customer shall not share this with any other person. Certain brands or products may be excluded and you will not be able to use any discount codes in respect of such brands/ products. Please familiarise yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged. If there is any inconsistency between the terms and conditions upon which the discount codes were issued and these terms and conditions, the discount code terms and conditions prevail. A copy of the discount code terms and conditions can be obtained by emailing our customer service representatives at: [email protected].
Delivery and ownership
We accept orders for delivery to the United Kingdom. The costs of delivery will be as displayed to you on our platform.
During the order process we will let you know when the products will be delivered to you. The products will be delivered as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
If the supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
We may have to suspend the supply of a product to:
- update the product to reflect changes in relevant laws and regulatory requirements;
- make changes to the product as notified by us to you.
We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
For orders fulfilled by Sellers, please view the dispatch timescales, delivery timescales, delivery charges and returns information on the specific product page. Delivery options and charges will be set up by each Seller and you will be able to select these when you checkout.
The products will be your responsibility from the time the products are delivered to the address you gave us. You own the products once we have received payment in full.
If for any reason you do not receive your delivery, please note that we will only consider claims for lost items sent 30 days after the latest due date for UK orders.
Additionally, we will not accept liability for lost orders if you select for your parcel to be left in a safe place or with a neighbour. AGORA is not liable for any lost, damaged or stolen package claims of orders addressed to a parcel forwarding company. AGORA is under no obligation to offer replacements or refunds for orders or items that are reported missing or damaged that we reasonably believe to have been delivered to a parcel forwarding company.
We want you to be happy with your purchase from us. If you are unhappy with the product in any way (for example if there is obvious damage to the item from transport or packaging damaged during transport) please contact us as soon as possible.
Resale of a product
You may not sell or resell any of the products or services, or any samples that you may receive from us.
Cancellation, returns and refunds
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.
If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back). We are under a legal duty to supply products that are in conformity with this contract. Nothing in these Terms will affect your legal rights. If you have any questions or complaints about the product, please contact us by email at [email protected]. If you wish to exercise your legal rights to reject products you must post them back to us.
If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to;
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- you have a legal right to end the contract because of something we have done wrong.
For most products bought online you have a legal right under the Consumer Contracts Regulations 2013 to change your mind within 14 days and receive a refund. You have 14 days after the day you (or someone you nominate) receives the products. You do not have a right to change your mind in respect of: (a) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and (b) any products which become mixed inseparably with other items after their delivery.
Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for products is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
To end the contract with us, please let us know by email at [email protected]. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. If you are exercising your right to change your mind you must post the products within 14 days of telling us you wish to end the contract. All products must be returned unopened, undamaged and unused, with all original packaging, tags and seals still intact.
Please ensure that you also return any free gifts that are associated with your return items or the related order. If the free gift isn’t returned, then we reserve the right to deduct the value of the free gift from your refund.
Please note that we do not accept returns of personalised products.
Please note that if you fail to take reasonable care of returned products, or fail to return the product to us, we will be entitled to make a claim against you for any losses which we suffer.
Please note that we reserve the right not to accept orders from customers with unusual or suspicious returns behaviour.
We will refund you the price you paid for the products and the delivery cost (if applicable) by the method you used for payment. We will make any refunds due to you within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
For orders fulfilled by Sellers please view the returns policy on the specific product page or on the returns note within your order.
Our Legal obligations and our Limitation on Liability
For orders fulfilled by AGORA, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for defective products under the Consumer Protection Act 1987.
You have certain rights under the law. These include that any products supplied by us will be of satisfactory quality and fit for their intended purpose. Nothing in these Terms is intended to affect these statutory rights. For more information about your statutory rights contact your local Citizens Advice Bureau or Trading Standards Office.
If we breach these Terms we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of the purchase price of your order. Losses are foreseeable where they could be contemplated by you and us at the time of entering into this agreement.
Information provided about the products is intended to be used for educational or informational purposes only. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. Please consult with your own doctor or health care practitioner regarding the suggestions and recommendations made on the Platform.
With current technology it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the internet. We provide no guarantee for the constant and uninterrupted availability of the Platform.
Neither we nor Sellers are responsible for:
- Losses not caused by our breach;
- Indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into this agreement, for example loss of profits or loss of opportunity;
- Failure to provide the Platform or to meet any of our obligations under this agreement where such failure is due to Events Beyond Our Control;
- Loss of revenue;
- Loss of business.
"Events Beyond Our Control" means any cause beyond our reasonable control which prevents us from providing the Platform or fulfilling any of our other obligations under this agreement and includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.
Your use of the Platform
You agree that in using the Platform you will not: (i) use the Platform in any way that causes, or is likely to cause the site or access to the site to be interrupted, damaged, or impaired in any way; (ii) use the Platform for any purpose that could damage the name of AGORA, a Seller, or any goodwill attached to the Platform; (iii) use the Platform for criminal, fraudulent or illegal activity or in any manner which would cause harm or distress to any third party; (iv) access or attempt to access the accounts of other users or attempt to penetrate the Platform security measures; nor (v) use the Platform for any purpose other than your personal use.
We reserve the right to suspend, restrict or terminate your access to the Platform at any time without notice if we have reasonable grounds to believe that you have breached any of these restrictions or if we suspect fraudulent account activity or behaviour. This shall not limit our right to take any other action against you that we consider appropriate.
Copyright and other intellectual property rights
Your use of the Platform grants no rights to you in relation to copyright, design rights, trade marks or other of our intellectual property rights (or the intellectual property rights of third parties).
We provide the Platform to you solely for your personal, non-commercial use. You may electronically copy and print only those areas of the Platform which are required in the process of using the Platform as a shopping resource. The content of the Platform may not be used for any other purpose without our express written permission.
In the unlikely event of a data breach, AGORA will endeavour to carry out and document a full risk assessment of the incident and decide upon the required actions.
Incidents affecting personal data that are likely to result in a risk to the rights and freedoms of data subjects will be reported to the data protection supervisory authority. We will also inform those concerned directly. These actions will be carried out without undue delay and where feasible, within 72 hours of becoming aware of it.
We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this.
You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. You can always transfer our guarantee.
This contract is between you and us. No other person shall have any rights to enforce any of its Terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These Terms are governed by English law and you can bring legal proceedings in respect of the products in the courts of the United Kingdom.