Terms & Conditions

Foreword

Yellow Bulldog Ltd (VAT No: GB 185497359) owns and operates this Website. It’s our house. We’re glad to open the doors to visitors. But we’d like it if they followed some simple rules. This document concerns your relationship with us (Yellow Bulldog Ltd) and how you use our services. The terms and conditions outlined govern how you use our website and services.

• Definitions

The term ‘you’ refers to the entity that is accepting our terms and conditions and using our services accordingly.

The terms 'Numskull', ‘us’, ‘we’ and ‘our’ refer to Yellow Bulldog Ltd and numskulltrade.com. The terms ‘products’ and ‘services’ refer to any official product we provide, either offline or online.

The term ‘consent’ refers to your agreement and acceptance of our terms and conditions in full.

The term ‘linked website’ refers to any website that may be followed from our own website via web links but are not part of our company or officially endorsed by us.

• Introduction

2.1    These terms and conditions shall govern your use of our website and services. These terms and conditions are subject to the laws of England and Wales and shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising because of these terms and conditions will unless otherwise expressly agreed, be subject to the exclusive jurisdiction of the courts of England and Wales.

2.2    Access to our fine Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the services without notice.

2.3    We will not in any way be liable if for any reason this Website is unavailable at any time, for any period.

2.4    We will not be responsible for content or policy on linked websites nor will we be responsible for any loss or damages that you may incur while visiting such websites.

2.5    Our terms and conditions are separate from our privacy policy and as such, the respective policies cannot be taken out of context from one another.

2.6    We retain the right to update these terms and conditions at our own discretion. You are responsible for checking this page before using our services.

2.7    Any text in italic font is an annotation and hence not included in our terms and conditions.

• Licence

4.1    You may:

(i)      view pages from our website in a web browser;

(ii)     download pages from our website on a temporary basis for caching in a web browser;

(iii)    print pages from our website;

          subject to the other provisions of these terms and conditions.

4.2    Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer or device.

4.3    Unless you own, control or have been granted access to the relevant rights in our material, you must not:

(i)      republish material from our website;

(ii)     redistribute material from our website.

4.4    We reserve the right to restrict access to sections of our website at our discretion, including our whole website as appropriate and at our discretion. You must not attempt to circumvent or bypass the aforementioned restrictions.

• Prohibitions

You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Yes, that’s a lot of different ways to break something. No, you should not try any of them.Breaching this provision would constitute a criminal offense and Yellow Bulldog will report any such breach to the relevant law enforcement authorities and disclose your identity to them as appropriate and at our discretion.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Website linked to it. We will, of course, utilise our digital talents and technological wonder to attempt to minimise these risks to visitors.

You must not allow any other person to use your account to access our website. You must notify us immediately if you become aware of any unauthorised or suspicious activity on your account. You are solely responsible for any activity on our website arising out of any failure to keep your password or confidential information confidential and may be held liable for any losses arising out of such a failure.

• Intellectual Property, Software and Content

In this wonderful world, ideas are currency, and we don’t want people robbing us blind. The intellectual property rights to all software and content, including photographic images, made available to you on or through this Website remain the property of Yellow Bulldog Ltd or its licensors and are protected by copyright laws and treaties around the world. Yes, copy paste can be theft. Just because you don’t know the law, doesn’t mean it doesn’t apply to you.

All such rights are reserved by Yellow Bulldog and its licensors. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website, nor may you use any such content in connection with any business or commercial enterprise.

• Delivery of goods

6.1    We may cancel an order at our sole discretion at any time before the goods have been delivered. For ongoing subscriptions, we may cancel the service immediately and without prior warning unless otherwise prohibited by this document.

6.2    Delivery costs may be charged in addition to product prices, such additional charges are clearly displayed where applicable, may also be found on our delivery and returns page, and will always be shown in ‘total cost’ at the time of purchase.

6.3    Dispatch or delivery dates/times are only given as estimates and we are not responsible for any delays.

• Terms of sale

To contract with Yellow Bulldog Ltd you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. That means if you’re banking with the Royal Bank of Very Suspicious International Transactions, we maintain the right to refuse an order. Yellow Bulldog Ltd more widely retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and we may confirm the identity of the party which you have contracted with.

In most cases this will be with Yellow Bulldog Ltd or may in some cases be a third party. Where a contract is made with a third party, Yellow Bulldog is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate owing to exchange rates and we cannot be held responsible for any losses resulting from exchange rate differences. All prices advertised are subject to changes that we may make, at our sole discretion.

• Payment

8.1    We will take payment either: on or at the time after delivery of the goods or; before dispatch of the goods.

8.2    Where payment is due after or on delivery of goods, you must pay within 30 days unless stated otherwise on the agreement of sale.

8.3    If you do not pay as described in clause 8.2, we reserve the right, at our sole discretion, to suspend, reclaim or limit your services, as appropriate.

8.4    If you have not paid as described in clause 8.2, we reserve the right, at our sole discretion, to charge interest on the outstanding amount at the rate of 6% per annum above the base rate of the Bank of England, until such time that the outstanding amount is paid in full.

8.4    We reserve the right to accept or decline payment methods at our discretion. You must not proceed with a sale if you are unable to pay with one of the payment methods that we have available.

• Voucher Codes & Special Offers

9.1    We retain the right to end special offers & discount codes at any time.

9.2    Discount codes cannot be used in conjunction with a special offer (for example the use of a 10% off discount code with a BOGOF offer).

9.3    You cannot combine more than one discount code, but you can take advantage of multiple special offers in one order, for example BOGOF on T shirts & BOGOF on Hoodies in the same order.

• Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. We do our best, but it’s important to lay out the detail. Unless expressly stated to the contrary to the fullest extent permitted by law Yellow Bulldog and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereafter, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Yellow Bulldog’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

• Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law. Basically, if our T&C’s need a bit of TLC, that doesn’t mean the broken bit makes all the other bits invalid. It’s kind of common sense, when you think about it?

• Indemnity

You agree to indemnify, defend and hold harmless Yellow Bulldog, its directors, officers, employees, consultants, agents, and affiliates, from all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service. We’re good peoples, so please don’t be mean to us if things go wrong.

• Waiver

No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

• Severance

If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable)

• Termination

15.1  This agreement will remain in full force until:

(i)      you stop using our services;

(ii)     we terminate the agreement, for any reason, at our discretion;

(iii)    any terms of this document are violated or breached by you;

(iv)    your use of our services poses a security risk to other users;