Terms & Conditions

TERMS AND CONDITIONS

Company Details

This agreement applies as between you, the User of this Website and TheRunners Inc. (or TheRunners), the owner of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 5 – 12 and 16 – 26 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3, 4, and 13 – 15 apply only to the sale of Goods. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending an order confirmation email to you indicating that your order has been fulfilled and is on its way to you.

TheRunners is an online venue located at the domain https://www.therunners.xyz/

TheRunners allows third party sellers to list and sell their products at therunners.xyz,this is indicated on the product page.TheRunners is not directly involved in the transactions between buyers and sellers nor does it have any involvement in the consummation of a contract between a buyer and a seller.Consequently, we do not transfer legal ownership of any items from the seller to the buyer, and we do not have control over the quality, safety, morality or legality of any aspect of the goods or services offered for sale by sellers on the site, the truth or accuracy of the listings, the ability of sellers to sell goods .In addition, we provide links to the sites of affiliated companies and certain other businesses

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

"Account"	means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Carrier"	means any third party responsible for transporting purchased Goods from Premises to customers;
"Content"	means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Goods"	means any products that TheRunners advertises and / or makes available for sale through this Website;
"Service"	means collectively any online facilities, tools, services or information that TheRunners makes available through the Website either now or in the future;
"Payment Information"	means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes;
"System"	means any online communications infrastructure that TheRunners makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users"	means any third party that accesses the Website and is not employed by TheRunners and acting in the course of their employment;
"Website"	means the website that you are currently using (https://www.therunners.xyz/) and any sub-domains of this site unless expressly excluded by their own terms and conditions;
"We/Us/Our"	means TheRunners Inc.

1. Age Restrictions

Persons under the age of 21 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.For alcoholic items a signature may be required on delivery.

1. Business Customers

These Terms and Conditions also do apply to customers buying Goods in the course of business. if you are a business customer please consult Our business terms and conditions located here vendor agreement

1. International Customers

If Goods are being ordered from outside the USA, import duties and taxes may be incurred once your Goods reach their destination. We are not responsible for these charges and We undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and that We cannot guarantee that the packaging of your Goods will be free of signs of tampering. 

1. Intellectual Property
   1. Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of TheRunners Inc., Our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable Florida and international intellectual property and other laws.
   2. Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
2. Third Party Intellectual Property
   1. Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
   2. Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

1. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of TheRunners or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

1. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site https://www.therunners.xyz/ without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact us by email using this form.

1. Use of Communications Facilities
   1. When using System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
      1. You must not use obscene or vulgar language;
      2. You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
      3. You must not submit Content that is intended to promote or incite violence;
      4. It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
      5. The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
      6. You must not impersonate other people, particularly employees and representatives of TheRunners Inc. or Our affiliates; and
      7. You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
   2. You acknowledge that TheRunners Inc. reserves the right to monitor any and all communications made to Us or using Our System.
   3. You acknowledge that TheRunners Inc. may retain copies of any and all communications made to Us or using Our System.
   4. You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
2. Accounts
   1. In order to purchase Goods on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require Payment Information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
      1. all information you submit is accurate and truthful;
      2. you have permission to submit Payment Information where permission may be required; and
      3. you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

1. 1. It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
   2. If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorized purchases that may be pending. Please be aware that purchases can only be canceled until they are dispatched.
   3. When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.
2. Termination and Cancellation of Accounts
   1. Either TheRunners or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
   2. We reserve the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
3. Goods, Pricing and Availability
   1. Whilst every reasonable effort has been made to ensure that all graphical representations and descriptions of Goods available from Us correspond to the actual Goods, We are not responsible for variations from such descriptions. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.
   2. Where appropriate, you may be required to select the required size,flavour, quantity,type,brand..., of the Goods that you are purchasing.
   3. We neither represent nor warrant that Goods will be available.
   4. All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
4. Orders and Delivery

ALCOHOLIC ITEMS:goods buy from TheRunners Inc. itself, will be shipped from a company who is fully licensed to sell alcohol.A signature on delivery may be required.

1. 1. No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that the sellers may, at their sole discretion, accept.The acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between the seller and you or therunners.xyz and you if you have bought from TherRunners Inc. itself.
   2. Order confirmations under sub-Clause 14.1 shall contain the following information:
      1. Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
      2. Fully itemized pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
      3. Estimated delivery date(s) and time(s);
   1. If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
   2. The risk in the Goods shall remain with the seller until they come into your physical possession.
2. Returns Policy

We are very sorry but, usually, perishable food products cannot be returned.

For all return policies, please see seller return/refund policy.

1. 1. If you receive Goods which do not match those that you ordered, you should contact the seller and return it directly to the seller.
   2. If any Goods you have purchased have faults when they are delivered to you, you should contact the seller and return it directly to the seller.
   3. TheRunners,for products sold by TheRunners, offer a refund if you return the product within 14 days from the date you bought your product ,if the products are complete and are in an unopened ,unused and undamaged condition. Perishable items can NOT be returned. After 14 days you will not be legally entitled to a full refund if your item develops a fault.
   4. If you discover that your goods are visibly damaged on arrival, you should either write on the delivery note that the packaging is damaged or refuse to accept the delivery. Please also contact us within 14 days with details of the damage.

You are the right to cancel your order. Unfortunately, we can't cancel or change your order even if it has not yet been shipped. However, you can refuse delivery or return any unwanted products to us for a refund- excluding customized products.

Privacy

1. Use of the Website is also governed by Our Privacy Policy which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.
2. The Website places the cookies onto your computer or device. These cookies are used for the purposes described herein.By accepting these Terms and Conditions, you are giving consent to TheRunners to place cookies on your computer or device. Please read the information contained in the Privacy Policy prior to acceptance.
3. If you wish to opt-out of Our placing cookies onto your computer or device, please check the alternative acceptance box for these terms and conditions, or adjust your internet browser's settings to restrict cookies as detailed in your internet browser's help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser's help menu.

How We Use Your Personal Information (Data Protection)

1. All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
2. We may use your personal information to:
   1. Provide Our Goods and services to you;
   2. Process your payment for the Goods; and
   3. Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
3. In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
4. We will not pass on your personal information to any other third parties without first obtaining your express permission.

Disclaimers

1. We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of Our Services.
2. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
3. No part of this Website is intended to constitute a contractual offer capable of acceptance.
4. Whilst We use all reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

Changes to the Service and these Terms and Conditions

We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions pertaining to the sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

1. Availability of the Website
   1. The Website and any Service provided therein is provided "as is" and on an "as available" basis. We give no warranty that the Website or any Service will be free of defects and/or faults. To the maximum extent permitted by the law, We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
   2. We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
2. Limitation of Liability
   1. To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
   2. Nothing in these Terms and Conditions excludes or restricts TheRunners Inc. liability for death or personal injury resulting from any negligence or fraud of TheRunners Inc.
   3. Nothing in these Terms and Conditions excludes or restricts Yostra Ltd T/A TheRunners's liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
   4. In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
3. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

1. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

1. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and TheRunners Inc.

1. Communications
   1. All notices/communications shall be given to Us either by post to Our Premises (see address above) or by email. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
   2. We may from time to time if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the 'Unsubscribe' link..
2. Law and Jurisdiction

These Terms and Conditions and the relationship between you and TheRunners Inc. shall be governed by and construed in accordance with the Florida Law and TheRunners Inc. 

Last updated, July 12 ,2021