Sales Terms and conditions Last Edited: 3 November 2016 1.
About these Terms of Sale
1. to accept, comply with, and be bound by these Terms,
2. that you have the right, authority and capacity to abide by these Terms, and
3. that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of England or any applicable jurisdiction in which Company conducts business.
We reserve the right to update, modify or otherwise alter these Terms and notices under which our Services are offered, including, but not limited to, any charges associated with the use of the Company services and such updates, modifications or alterations shall be deemed retroactive unless otherwise noted as of your original date of agreement to these Terms. You are responsible for regularly reviewing these terms and conditions. Any access or use of the Services after the changes go into effect shall constitute your agreement to the revised Terms. 2. Membership Any person may access the Company and the Services either by registering to the Website or using the Website as a guest. However, a guest user may not have access to all sections of the Website including certain benefits/promotional offers, which shall be reserved only for the purpose of registered Members, and which may change from time to time at the sole discretion of the Company. If you wish to register yourself with the Website, you shall be required to create an account by registering through Facebook or your email account or by filling in the details prescribed in the Website registration form. You will then receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or for any losses occurring thereto. You, as the Member, waive any claims against Company for any loss and damage suffered by you on account of your failure to comply with the Terms and reasonably expected good practices in this regard. If any Member learns or is made or becomes aware of any instance of hacking or misuse of its Member account, it shall without delay notify Company of the same. Company may be inaccessible for such purposes as it may, at its sole discretions deem necessary, including but not limited to regular maintenance. However, under no circumstances will Company be held liable for any losses or claims arising out of such inaccessibility to the Members and the Members expressly waive any claims against Company in this regard. Company may suspend or terminate your membership and refuse any and all current or future use of the Website (or any other websites under Section 1) (a) in order to comply with applicable Law, (b) if you provide any information that Company determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (c) if Company determines, in its sole discretion, that you are using your Company membership in a manner not permitted by these Terms & Conditions, or (d) in other circumstances, as Company deems appropriate in its sole discretion. 3. Member’s Responsibilities The Services are solely for your personal and noncommercial use, unless otherwise authorized by Company in writing. You may not use the Services for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or others. Notwithstanding any other rights or restrictions in these Terms, you may not use the Services to: (a) transmit via or through the Services any information, data, text, images, files, links, or software except in connection with your authorized use of the Services or otherwise in response to specific requests for information by us; (b) introduce to our website(s) or mobile application(s) (if available) or otherwise in connection with the Services any computer or website viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person, including but not limited to, a registered Member of the Services or an employee of Company; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a Member or use a false e-mail address; (g) tamper with or obtain access to our websites or mobile applications (if available) or any component of any of them; (h) conduct fraudulent activities; or (i) collect or harvest information regarding other users of the Services for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.
4. Report Abuse
4.1. If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know. 4.2. You can let us know by email or by using our abuse reporting form which can be requested form us anytime by email.
5.1. Minimum Order Value Company has a minimum order value policy in place. The minimum order value varies depending on the country you order from.
5.2. Order Processing When you place an order on our website, we shall email you an order confirmation email. Our acceptance of your order does not take place until despatch of the order, at which point the contract for the purchase of Goods will be made and you will be charged. Once you have checked out and you have received your order confirmation email, you will not be able to make any changes to your order so please make sure that everything is correct before clicking the ‘CONFRIM & PAY’ button. Any discounts triggered by the entry of a promotional code will not be applied until the order is accepted but will be detailed on the invoice. (In case promotional code option is available) We reserve the right to refuse an order. Non-acceptance of an order may, for example, result from one of the following: - The product ordered being unavailable from stock; - Our inability to obtain authorisation of payment; - The identification of an error within the product information, including price or promotion; or - If we suspect any fraudulent activity. If there are any problems with your order we shall contact you within the time we deem adequate. We reserve the right to reject any offer to purchase by you at any time. We will take all necessary measures to keep the details of your order and payment secure. Prices are subject to change without notice. These changes will not affect orders that have already been despatched. Prices are inclusive of VAT (where applicable).
5.3. Product Descriptions Company guarantees that all its Goods are Genuine and Authentic. Company attempts to provide accurate descriptions of products on the Site. Company does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product offered on the Company Site is not as described, your sole remedy is to return the item, as specified below in the return policy.
5.4. Pricing Information Company strives to provide accurate pricing information regarding the Products and Goods available on the Services. We cannot, however, insure against pricing errors. Company reserves the right, at its sole discretion, to not process or to cancel any orders placed for a Product or Service whose price was incorrectly posted on the Site as a result of an error. If this occurs, Company will notify you by email. In addition, Company reserves the right, at its sole discretion, to correct any error in the stated full retail price.
5.5. Product Availability
5.5.1 Whilst we try and ensure that all details, descriptions and prices which appear on Company’s Services are accurate, errors may occur. If we discover an error in the price of any Goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the Goods, you will receive a full refund.
5.5.2 The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. Company therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
5.5.3 As there is a delay between the time when the order is placed and the time when the order is accepted, the stock position relating to particular items may change. If an item you have ordered becomes out of stock before we accept the order we shall notify you as soon as possible and you will not be charged for the out of stock items. We continually update our website. 5.6. Shipping and Tax Shipping and taxes will be calculated based on the country and method of delivery and indicated at the time of checkout.
6. Returns,Replacement and Refund
6.1.Company accepts returns on certain merchandise on a case-by-case basis. All Products ordered from Company and successfully delivered to the Member may be returned within thirty (7) calendar days after the date of receipt of the delivery. If the Products you have received do not correspond to the ones you have ordered, or if the delivery is incomplete or damaged in transportation, please contact without delay our customer service either vie email or by using the Contact us Form. However no Products will be accepted by Company if (a) the Products have been damaged by the Member (b) if there is a change in the quality, quantity or other characteristics of the Product (c) if as per Company the product returned is not the Product that was delivered (d) any other circumstances that Company may notify or deem appropriate from time to time.
6.2. If you receive a damaged or faulty product, you must notify the Company Sales and Service Centre by using the Contact Us Form. We will give you instructions for returning the Product and receiving a refund or replacement. You must return the Product in its original condition, and ideally in its original packaging. When we receive the Product and the conditions of this return policy have been met, we will give you a full refund or a free replacement. We typically refund your order through store credit. Upon request and at the sole discretion of Company, we can refund as per the original payment method.
6.3. If we consider that the conditions of the returns policy have not been met (for example, if the product is not defective), we will not provide you with a refund or replacement and we will return your product to you.
6.4. We reserve the right to limit the number of times that we will accept returns from you. If we think that our product(s) or service(s) just won’t suit you, we will complete your latest return and advise you that you should look for an alternative Internet service.
Once order has been confirmed, cancellation is not possible. You are responsible for full payment of goods.
Except as may be limited by applicable law in your jurisdiction, Company assumes no liability or responsibility for any (a) errors, mistakes or inaccuracies of the content, products, information, services and materials set forth on or made available through the Services, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, products or any third party website(s) or products, (c) any unauthorized access to or use of secure servers and/or any and all personal information stored therein, (d) any interruption or cessation of transmission to or from the Services or third party website(s), (e) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the services or any their party website(s) by Company or any third party, and/or (f) any errors or omissions in the Services or any content, members content or other communications, information and materials, including by not limited to third party website(s), or for any loss or damage of any kind incurred as a result of the use of any of the foregoing. EXCEPT AS MAY BE LIMITED BY APPLICABLE LAWS IN YOUR APPLICABLE JURISDICTION, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE SERVICES, PRODUCTS, TEXT, MERCHANDISE, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALL PRODUCTS SOLD BY Company ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, Company MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT SOLD, EXCEPT AS MAY EXPRESSLY BE STATED HEREIN OR AS LIMITED BY APPLICABLE LAWS IN YOUR JURISDICTION.
9. Limitation of Liability
IN NO EVENT SHALL Company (or any related website) BE LIABLE TO ANY USER OF THE SERVICES OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OR CONNECTED IN ANY WAY WITH THE SERVICES CONTRIBUTIONS, MATERIALS, CONTENT, MEMBER CONTENT, PRODUCTS, SERVICES, SOFTWARE, OR PROVISION OF OR FAILURE TO PROVIDE SERVICES, MADE AVAILABLE OR OBTAINED THROUGH THE SERVICES OR ANY INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY Company OR ANY THIRD PARTY WEBSITE(S), WHETHER BASED UPON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Company HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE TOTAL LIABILITY OF Company (or any related website) OR THIRD PARTIES PROVIDING INFORMATION ON OR IN CONNECTION WITH THE SERVICES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, EXCEED (X USD) USD IN THE AGGREGATE IN CONNECTION WITH THE APPLICABLE EVENT, OR PROMOTION GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL Company (or any related website) OR THIRD PARTIES PROVIDING INFORMATION ON OR IN CONNECTION WITH THE SERVICES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF Company. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise, products, services and experiences available through the Services.
10. Force Majeure
Company shall not be liable for failure to perform its obligations resulting directly or indirectly from or contributed to but not limited to acts of God; including wage and price controls; fires; war; riot; delays in transportation; or other circumstances beyond Company reasonable control, whether similar or dissimilar to the foregoing. Therefore, Company may cancel an order to the extent the quantity not delivered is due to any such cause or circumstance. In no event shall Company be obligated to purchase products to replace any quantity not delivered due to any such cause or circumstance. In the event of any cause or circumstance excusing Company, Company shall have the right to allocate any remaining product supply among its customers, including those not under contract, in a fair and reasonable manner, and Buyer hereby releases Company from responsibility or liability for any resulting incomplete fulfillment of Buyer's order.
11. Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through this Website remains the property of Company or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Company and its licensors. You may store, print and display the content supplied solely for your own personal use. 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. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Company or its licensors.
12. Indemnification Buyer shall defend, indemnify and hold Company and its suppliers, including, but not limited to, their affiliates, agents, assigns, attorneys, employees, insurers, officers, predecessors, representatives, and successors, harmless from and against all claims, liabilities, costs and expenses (including, but not limited to, those related to injury or to death of Buyer's employees or other persons) arising from or connected with (a) a breach by Buyer of this Agreement or (b) the possession, handling, use, or resale of the products by Buyer or others, including, but not limited to, any claims alleging negligence on the part of Company. Company may participate in the defense of any such claim for the further protection of its own interests.
13.1. If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. 13.2. If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
14. Complaints If you have a complaint about Company, please contact our Customer Care team by using the Contact Us Form.
15. Waiver Any failure or delay by a party to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
16. Law and jurisdiction
16.1. These terms and conditions shall be governed by and construed in accordance with English law.
16.2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
17. Supersedence In the event of any inconsistency between the terms stated herein and the terms of Company’s supplier of Goods, including but not limited to those of the Supplier’s return policy, the terms of Company’s supplier of Goods will supersede.