TERMS AND CONDITIONS
Please read these terms of sale carefully.
The only language in which we provide these terms of sale is English.
You will be asked to expressly agree to these terms of sale before you place an order for products from our website.
In these terms of sale, "we" means Specs4Sports (and "us" and "our" will be construed accordingly); and "your" means our customer or potential customer for products (and "your" will be construed accordingly).
(3) Order Process
The advertising of products on our website constitutes and "invitation to treat"; and your order for products constitutes a contractual offer. No contract will come into force between you an use unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps:
(i) you must actively choose to add the products you wish to purchase to your shopping basket, and then proceed to the checkout;
(ii) If yu are a new customer, your may either create an account with us and log in, or you may wish to use the guest checkout; if you are an existing customer, you must enter your log in details;
(iii) once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these terms of sale.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by reviewing your cart. You may correct those input errors before placing your order by amending, deleting or adding.
(iv) you will be transferred to the Barclaycard or Paypal website, and Barclaycard or Paypal will handle your payment;
(v) we will then send you an initial acknowledgement; and
(vi) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by e-mail that we are unable to meet your order
We file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
(4) The Products
The products are described in detail on each product tab.
(5) Price and Payment
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated when you pay for the product.
In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product.
Payment must be made upon submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
Payment for all products must be made by Credit, Debit via Barclaycard or Paypal, we do not accept American Express.
(6) Your Warranties
You warrant to us that;
(a) you are legally capable of entering into binding contact, and you have full authority, power and capacity to agree to these terms of sale;
(b) the information provided in your order is accurate and complete;
(c) you will be able to accept delivery of the product or products;
(d) you are resident in Europe or any of the countries we have enabled in the rest of the world and
(e) you are a minimum of 18 years of age or older
(f) are they buying for someone else as a gift etc? Is the item suitable for the intended user?
(7) Delivery Policy
We will arrange for the products to be delivered to the address for delivery indicated in your order.
We will use reasonable endeavours to deliver product/products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 5 working days of the date or our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of product/products will be dispatched within 30 days of the later or receipt of payment and the date or our order confirmation.
(8) Risk and Ownership
The product/products will be at your risk from the time of delivery. Ownership of the product/products will only pass to you upon the later of:
(a) delivery of the products; and
(b) receipt by us of full payment of all sums due in respect of the product/products (including delivery charges/insurance)
We will be entitled to recover payment for the products even where ownership has not passed to you.
(9) "Cooling Off" Period
Under the Distance Selling Regulations, you may cancel a distance contract to purchase a product or products from us at any time within 14 working days after the day you received the relevant product or products (subject to the limitations set out below).
In order to cancel a contract in this way, you must give to us written notice of cancellation.
If you cancel a contract on this basis, you must promptly return the product or products to use, in the same condition in which you received them.
If you cancel a contract on this basis, you will be refunded in full (including the cost of sending the product/products to you. However, you will be responsible for paying the cost of returning the product to us.
If you cancel a contract on this basis and you do not return the product/products to us, we may recover the product/products and charge you for the costs we incur in doing so. Similarly, if you return the product/products at our expense, we may pass that expense on to you.
(10) Statutory Rights
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
(12) Limitations and Exclusions of Liability
Nothing in the terms of sale will': (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party'; (c) limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987; (d) limit any liability of a party in any way that is not permitted under applicable law; or (e) exclude any liability of a party that may not be excluded under applicable law. Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the terms of sale.
The limitations and exclusions of liability set out in this Section and elsewhere in the terms of sale: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.
We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
(13) General Terms
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time - providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section (12): these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of product/products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of product/products from our website.
These terms of sale will be governed by and construed in accordance with English law and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
(14) About Us
Our full name is: Specs4Sports
Our principal trading address is: 3 Gendalls Way, St Stephens, Launceston, Cornwall, PL15 8SE England
Our e-mail address is: email@example.com/com
- Copyright notice
1.1 Copyright (c) 2010 Kathryn Davison.
1.2 Subject to the express provisions of this notice:
- we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
- all the copyright and other intellectual property rights in our website and the material on our website are reserved.
- Copyright licence
2.1 You may:
- view pages from our website in a web browser;
- download pages from our website for caching in a web browser;
- print pages from our website;
- [stream audio and video files from our website]; and
- [use [our website services] by means of a web browser],
subject to the other provisions of this notice.
2.2 Except as expressly permitted by the other provisions of this notice, you must not download any material from our website or save any such material to your computer.
2.3 You may only use our website for [your own personal and business purposes], and you must not use our website for any other purposes.
2.4 Except as expressly permitted by this notice, you must not edit or otherwise modify any material on our website.
2.5 Unless you own or control the relevant rights in the material, you must not:
- republish material from our website (including republication on another website);
- sell, rent or sub-license material from our website;
- show any material from our website in public;
- exploit material from our website for a commercial purpose; or
- redistribute material from our website, save to the extent expressly permitted by this notice.
- Acceptable use
3.1 You must not:
- use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
- use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
- Report abuse
4.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, please let us know.
4.2 You can let us know about any such material or activity [by email or using our abuse reporting form].
- Enforcement of copyright
5.1 We take the protection of our copyright very seriously.
5.2 If we discover that you have used our copyright materials in contravention of the licence set out in this notice, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.
6.1 You may request permission to use the copyright materials on our website by [writing to us by email or post, using the contact details published on the website].