Terms
and Conditions for Use and Sales
These terms and conditions were
last updated on 9th April 2012
1. Introduction
1.1 These terms & conditions set out the terms between
you the customer and us the website owner.
1.2 Your use of this website and any
service contained within constitutes acceptance of these
terms & conditions in full.
1.3 You should not use this website
if you do not accept these terms & conditions in
full.
2. Customer Information
2.1 You should always check that the contact information
you provide is correct before creating a customer account
or proceeding to payment.
2.2 You are responsible for maintaining
your own username and password, where required to access
your customer account. You should ensure that you store
your username and password securely and that the details
required to access your customer account are not provided
to another party.
2.3 As a customer you are responsible
for your customer account and actions taken within it.
If you are aware or suspect that your customer account
username and password or other details have become known
to a third party, you should inform us immediately.
2.4 Our website is only intended for
use by adults. Adults may purchase products for children
as long as the products purchased are intended by the
manufacturer for use or consumption by children.
2.5 We reserve the right to restrict
or remove your access to this website where you breach
these terms and conditions. Such restriction or removal
will take place without recourse or explanation to you
where we solely deem it appropriate or necessary.
3. Privacy
We take your privacy seriously. We are registered under
and comply with the Data Protection Act 1998. For further
details please see our Privacy
Policy.
4. Product Pricing and Title
4.1 We make every effort to ensure that the pricing
displayed on our website is correct. However, if an
error in the pricing of a product is found we reserve
the right to either cancel your order or contact you
to arrange payment of any extra sum due or refund any
over-payment made by you (as applicable). The processing
of an order can be cancelled or corrected by us at anytime
up to the shipment of that order and any related items.
4.2 We reserve the right to alter all
product pricing without notice.
4.3 Title in any products ordered from
us does not pass to you, the purchaser until we have
received and processed a valid payment, and that payment
has been made into our own bank account and your order
has been shipped.
5. Your Order
5.1 When you place an order you will automatically receive
a confirmation email from us to confirm your order.
Your order constitutes an offer made to us to purchase
the goods specified in the order.
5.2 Your offer is only accepted by us
once we have emailed you to confirm the dispatch of
your order.
5.3 Product items not included within
the dispatch email are not included in the order and
contract between you and us.
5.4 We reserve the right to delay or
refuse orders where a transaction contains incomplete
details or details that cannot be verified or where
fraud is suspected.
5.5 If we are unable to reasonably ascertain
these details or resolve these issues a full refund
will be made against the card used at the time of purchase.
No other form of refund or credit will be offered nor
will a refund be made to any third party card or account.
6. Shipping and Customs Duty
6.1 All orders received by us are shipped subject to
availability.
6.2 We reserve the right to ship products
at a later date (up to 28 days after purchase) where
the product ordered is not in stock at the time of purchase.
In this situation you will be contacted and offered
a full refund instead of delivery of the product.
6.3 We cannot be held responsible for
disruption to shipping caused by industrial disputes
or action outside our direct control. If such disruption
occurs you will be offered delivery via an alternative
delivery or fulfilment company or a full refund.
6.4 If you are ordering a product from
outside the UK the recipient of the product is responsible
for all customs duties or tariffs incurred in the country
to which the products are shipped. Furthermore your
order may be subject to delay or be opened and searched
by local customs authorities when entering the destination
country. Please note we are unable to provide specific
advice on customs duties or tariffs.
7. Cancellation Rights, Returns
and Refunds
7.1 Under the Consumer Protection (Distance Selling)
Regulations 2000 you have a right to cancel your purchase.
However, to exercise this right you must notify us in
writing, (email or letter) within 14 working days days
from the day after you receive your goods.
7.2 As stated above notification of
cancellation must be in writing, a telephone call is
not a valid cancellation.
7.3 No right of cancellation, refund
or return exists under the Consumer Protection (Distance
Selling) Regulations 2000 once you have used your product,
unless the product is defective and you are returning
it for this reason.
7.4 Goods that are sealed or shrink-wrapped
and this is removed can only be returned if they are
defective.
7.5 No right of cancellation exists
for personalised goods or goods that are intimate in
their nature or goods where there may be hygiene issues,
unless defective.
7.6 Please observe the following procedure
for all returns to us:
7.6.1 On the back of your delivery note
or on another piece of paper, (if you no longer have
your delivery note), include your order number and the
reason for the return.
7.6.2 If you are returning your product
because it is defective, please state the defect or
defects.
7.6.3 Repackage the product in its original
packaging, including any accessories, brochures, manuals,
guarantees or warranties that came with the product.
Unfortunately we will be unable to issue a refund where
the product is in an incomplete state.
7.7 If the original packaging surrounding
the product has been damaged or destroyed we will only
issue a refund if the product is being returned due
to a defect. If the original packaging of a defective
product has been damaged or destroyed you should ensure
that the returned product is adequately packed for shipment
back to us.
7.8 You are responsible for paying any
postage or shipping costs incurred when returning the
product.
7.9 We recommend that all returns be
sent by registered post, so that a record of the return
is available for you.
7.10 We will not issue refunds for any
items lost or stolen in transit to us.
7.11 Where a return is lost or stolen
in transit to us, you should claim compensation from
the company that shipped the return.
7.12 If you fail to return a product
to us, we may make arrangements to have the product
collected from you. The cost of this collection will
be passed on to you.
7.13 Unused products may be returned
promptly by customers to our address listed at the end
of these terms and conditions.
7.14 Subject to the above, we will refund
the purchase price of a returned product within thirty
days of receiving written notification of your intention
to return the product.
7.15 We will also refund the cost of
standard or recorded postage incurred returning a product,
if incorrectly sent by us or where the product has been
returned due to a defect. Please note that we will not
refund any courier, overnight or express element of
any delivery or postage charge, including Royal Mail
Special Delivery.
8. Customer Complaints
We endeavour to respond to all customer complaints or
queries within five working days.
9. Faulty Products
Where you experience a fault with a product it can be
returned to us subject to our returns policy above.
10. Events Outside Our Control
We shall not be liable for delay or failure to perform
any obligation under these Terms & Conditions if
the delay or failure is caused by any circumstances
beyond our reasonable control, including, but not limited
to, acts of god, war, civil disorder or industrial dispute.
11. Licence
11.1 We grant you a licence to access the content, information
and services contained within our website for personal
use only.
11.2 This licence allows you to download
and cache (using your browser) individual pages from
our website.
11.3 This licence does not allow you
to download and modify individual pages or substantial
parts of our website nor to make our website available
via an intranet, where our website or a substantial
part of it is hosted locally on the intranet in question.
11.4 Our website design, layout, content
or text cannot be copied, edited or otherwise manipulated
without our express prior written permission.
11.5 Our website cannot be placed within
the frame-set of another site.
11.6 Third parties are not allowed to
“deep link” to pages within our website,
without our express prior written permission. All links
(unless expressly permitted by us) should be to the
main index page of our website. Furthermore, the content
of such links, whether graphic or text should not be
misleading, false, derogatory or in any other way offensive.
11.7 The restriction on “deep
linking” does not apply to affiliate partners
who wish to send customers directly to a particular
page or product in order to increase their affiliate
sales.
12. Copyright
12.1 All content, databases, graphics, buttons, icons,
logos, layouts and look & feel are our copyright,
unless expressly acknowledged as otherwise.
12.2 The data mining, extraction or
utilisation of product information from our website
is not permitted without our express prior written permission.
13. User Generated Content
13.1 Where the facility exists you may provide reviews
or public feedback on the website of products purchased
by you, also known as user-generated content.
13.2 Where the facility exists such
user-generated content can be provided in different
formats and mediums; text, audio, video and still photographs.
13.3 As part of providing this content
to us you agree to grant us a worldwide, irrevocable,
non-exclusive and royalty-free license to use, distribute,
edit, translate and repurpose such content, as we require,
including sub-licensing to other parties.
13.4 Such content shall not infringe
the intellectual property rights of any other party.
Furthermore the content shall not be illegal or capable
of breaching the laws of any jurisdiction in which it
may be displayed.
13.5 We reserve the right to remove
any content, which breaches or risks breaching these
terms and conditions.
13.6 However, we shall not assume any
responsibility for auditing or monitoring any user generated
content.
13.7 Any complaints about such content
by rights holders or any user or visitor to our website
should be directed to us using our contact details listed
at the end of these terms and conditions.
13.8 Permanence of Material
The site owner represents that each online entry sponsored
as "permanent" or ”forever’”
will remain available through the services for the duration
of this site’s existence in its existing or other
forms, unless:
(a) the Services ceases to exist in whole or in part
during the relevant period; or
(b) A specific request is received by a 3rd party or
official body requesting removal of an offending item
: or
(c) acts or events beyond the reasonable control of
the site owner cause a deletion, loss of data, failure
to store, or other interruption in or termination of
the availability of the Services or item that was created
on your behalf or any other service to which you subscribed.
You may at any time ask the site owner to delete without
charge an item you sponsored or purchased for publication
on this site.
14. Limitations and Exclusions
of Liability
14.1 Where content and information is provided on the
website without charge we exclude all liability for
such content and information.
14.2 All business losses (including,
but not limited to) loss of profits, income, revenue,
damage to goodwill, loss of other commercial contracts,
other commercial opportunities are all excluded.
14.3 All indirect, consequential or
special losses or damage are all excluded.
14.4 All other losses or damages not
reasonably foreseeable at the time of the contract between
you and us are also excluded.
14.5 All losses relating to the loss
or corruption of data, databases, systems, software
or hardware are all excluded.
14.6 These terms and conditions do not
exclude or limit liability for death or personal injury
caused by you or us.
14.7 These terms and conditions do not
exclude or limit liability for fraud or fraudulent misrepresentation
caused by you or us.
14.8 These terms and conditions do not
exclude or limit liability where this conflicts with
the applicable law for this jurisdiction.
15. Indemnity
By your use of our website you hereby indemnify us and
undertake to keep us indemnified at all times now and
in the future against all possible claims relating to
any breach of these terms and conditions by you. Such
indemnities to include, (but not be limited to) all
costs legal and otherwise, all other expenses, damages
or settlements arising from your breach of these terms
and conditions.
16. Variation
We reserve the right to vary these terms & conditions
at any time, without giving notice to you. Such varied
terms and conditions shall automatically apply to the
use of our website from the date of publication on our
website.
17. Assignment
We reserve the right to assign our rights and also our
obligations under these terms and conditions, without
giving notice to you. This right of assignment shall
only apply to us and shall not apply to you in any way.
18. Severability
The foregoing paragraphs, sub-paragraphs and clauses
of these terms & conditions shall be read and construed
independently of each other. Should any part of this
agreement or its paragraphs, sub-paragraphs or clauses
be found invalid it shall not affect the remaining paragraphs,
sub-paragraphs and clauses.
19. Waiver
Failure by us to enforce any accrued rights under these
terms & conditions is not to be taken as or deemed
to be a waiver of those rights by us unless we acknowledge
the waiver in writing.
20. Third Parties
These terms and conditions are between you and us. They
do not apply to, or benefit any third party and are
not reliant on any third party.
21. Entire Terms & Conditions
These terms & conditions set out the entire agreement
and understanding between you and us.
22. Your Statutory Rights
Where acting as a consumer your statutory rights are
unaffected.
23. Jurisdiction
These terms & conditions shall be interpreted, construed
and enforced in accordance with English law and shall
be subject to the exclusive jurisdiction of the English
Courts.
Provided free
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