Terms and Conditions
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to The Inkey List a brand owned by Brand Evangelists for Beauty located at Nightingale House, 46-48 East Street, Epsom, Surrey, United Kingdom, KT17 1HQ
- Country refers to: United Kingdom, United States, Canada, + operated
- Service refers to the Website.
- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to The Inkey List, accessible from http://www.theinkeylist.com
- ‘You’ means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable
- Theinkeylist.com is governed by and construed in accordance with the laws of England and Wales. Any party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction over any dispute or claim that arises out of, or in connection with theinkeylist.com or transactions of “the Company”
These terms and conditions outline the rules and regulations for the use of The Inkey List's Website.
The Inkey List is located at: Nightingale House, 46-48 East Street, Epsom, Surrey, United Kingdom, KT17 1HQ
By accessing this website, we assume you accept these terms and conditions in full. Do not continue to use The Inkey List's website if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website and accepting the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing law of your selected region. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, The Inkey List and/or it's licensors own the intellectual property rights for all material on The Inkey List. All intellectual property rights are reserved. You may view and/or print pages from http://www.theinkeylist.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from http://www.theinkeylist.com
- Sell, rent or sub-license material from http://www.theinkeylist.com
- Reproduce, duplicate or copy material from http://www.theinkeylist.com
- Redistribute content from The Inkey List (unless content is specifically made for redistribution).
This Agreement shall begin on the date hereof.
Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data ('Comments') in areas of the website. The Inkey List does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of The Inkey List, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws The Inkey List shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
The Inkey List reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so; The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party; The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity. You hereby grant to The Inkey List a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Web site without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
- Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
We may consider and approve in our sole discretion other link requests from the following types of organizations: commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union; dot.com community sites; associations or other groups representing charities, including charity giving sites, online directory distributors; internet portals; accounting, law and consulting firms whose primary clients are businesses; and educational institutions and trade associations.
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of The Inkey List; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to email@example.com.
Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response. Approved organizations may hyperlink to our Web site as follows:
- By use of our corporate name; or
- By use of the uniform resource locator (Web address) being linked to; or
- By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.
No use of The Inkey List's logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
Live Chat + Phone Service + Recipe Builder
If you have any concerns or complaints or want to report an issue about any The Inkey List products and their application to you, or you have technical questions about the Site or an order placed on the Site please contact us at firstname.lastname@example.org .
The Inkey List shall not be held responsible for any content created by you on the Chat Service.
You are not permitted to, and you agree and warrant that you will not:
- copy, reproduce, modify or create derivative works of the Chat Service, or any other element of the Site;
- dis-assemble reverse-engineer, decompile or otherwise attempt to determine the underlying source code of the Chat Service or Site;
- take any action with a view to distributing or reproducing the Site or the Chat Service; or
- take any action that would affect the functionality of the Chat Service or the Site, whether in whole or in part.
You do not have the right to sell, lease, sub-licence or provide any portion of the Chat Service or Site to any third party.
By using the Chat Service, you represent and warrant that:
- you are the author of content submitted, that you are not stealing the identity of another person, and you are not using a false email address or otherwise being misleading as to the origin of your query;
- your query or content submitted is your original work and does not infringe the intellectual property rights of third parties;
- you hereby waive all moral rights and any intellectual property rights that would have otherwise vested in you pursuant to the Copyright, Design and Patents and Act 1988;
- all content that you send is truthful and accurate;
- you are at least 18 years old;
You further agree and warrant that you shall not use the Chat Service or submit any query or content:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party's copyright, patent, trademark, trade secret, right of privacy, moral right or other intellectual property or proprietary rights;
- that contains any information about The Inkey List ’s competitors or their products (namely other manufacturers and/or distributors and/or retailers of health and beauty products);
- that contains any pricing information;
- that refers to a third party individual without their prior express consent;
- that violates any law, statute, or regulation (including, but not limited to, those governing intellectual property, privacy, consumer protection, unfair competition, anti-discrimination or advertising);
- that is, or may reasonably be considered to be illegal, infringing, defamatory, libellous, abusive, hateful, harassing, racially or religiously inappropriate, offensive, inciting of violence, fraudulent, invasive of privacy, threatening, obscene, pornographic, or otherwise injurious to third parties or objectionable;
- that consists of or contains political campaigning, commercial solicitation, chain letters, mass mailings, unsolicited emails or other forms of “spam” regardless of the content;
- that is unrelated to the purpose of asking for tips and questions about our The Inkey List products and services from one of our advisors;
- which contains any swearing, sexual innuendo or sexual language or which promotes or incites the perpetration of any unlawful activity such as drug-taking;
- for which you will derive any compensated or monetary benefit by any third party or which could be construed as an advertisement or solicitation to buy (which shall include any content that directs business away from The Inkey List );
- that includes any information that references other websites, URL addresses, email addresses, contact information or phone numbers;
- that contains any actual, or instructions on how to create, computer viruses, worms, Trojan horses or other potentially disruptive or damaging or harmful computer programs, files, codes or attachments;
- that could alter, steal, corrupt, disable, destroy, trespass, circumvent or violate any security or encryption of the Site, the Chat Service or any computer file, database or network.
The Inkey List reserves the right not to respond to and delete:
- duplicate queries;
- blank queries;
- queries in a language that is not English;
- any unintelligible content (such as content that contains random characters and meaningless word strings); or
The Chat Service may be unavailable from time to time for maintenance or other technical reasons and The Inkey List cannot take any responsibility for any errors, omissions, interruptions, deletions or delays that may be experienced by users when accessing the Chat Service.
The Chat service, Recipe Builder service and all forms of connected communications (all social media, telecommunications and personal forums) shall be free from retribution or compensation or legal action based on the interaction across these services and platforms that are in no way connected or part of a sale transaction with the customer
By submitting your email address in connection with your use of the Chat Service, you agree that The Inkey List and its third party service providers may use your email address to contact you about the status of your query and for other administrative purposes You agree to indemnify, keep indemnified and hold The Inkey List (which shall include its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Moxie Software Limited), harmless from all losses, claims, demands, and damages (actual and consequential) of every kind and nature, direct or indirect including reasonable legal fees, which are incurred by The Inkey List for any breach of your representations and warranties set forth above. The Inkey List reserves the right to suspend or cease to provide the Chat Service at any time without notice.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
- The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a)
- are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or
- in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort
- (including negligence) and for breach of statutory duty. To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Our terms and conditions for current competitions can be found here.
Our Website is only intended for use by customers worldwide, with delivery specific to United Kingdom, European Economic Area, Canada & United States
If we agree to supply any Goods ordered from the Website for delivery outside these areas, they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including VAT and the cost of delivery. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.
Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities. Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.
When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.
By registering on the Website you undertake:
- That all the details you provide to us for the purpose of registering on the Website and purchasing the Goods are true, accurate, current and complete in all respects
- notify us immediately of any changes to the information provided on registration or to your personal information
- That you are over 18 or if under 18 you have a parent or guardian's permission to register with and purchase the Goods from this Website in conjunction with and under their supervision
- To only use the Website using your own username and password
- To make every effort to keep your password safe
- Not to disclose your password to anyone
- To change your password immediately upon discovering that it has been compromised
- To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them
- You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
- We reserve the right to terminate an agreement formed with you pursuant to clause 9 below and to suspend or terminate your access to the Website immediately and without notice to you if:
- You fail to make any payment to us when due
- You breach these Conditions (repeatedly or otherwise)
- You are impersonating any other person or entity
- When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
- We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website
Eligibility to purchase from website
To be eligible to purchase the Goods on this Website and lawfully enter into and form contracts with us, you must:
- Be 18 years of age or over
- Be legally capable of entering into a binding contract
- Provide full details of a delivery address in the United Kingdom or the European Economic Area (if you reside in the EEA), United States, Canada – External delivery addresses are excepted on review.
If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.
Price of goods
The prices of the Goods are quoted on the Website.
Prices for delivery are quoted for delivery in the United Kingdom unless otherwise specified.
- Unless otherwise stated, the prices quoted include VAT but exclude delivery costs which will be added to the total amount due from you. Details of our delivery charges can be located on our Website.
We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Goods to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery.
- Payment can be made by any major credit or debit card or through an electronic payment account as explained on the order form.
- By placing an order, you consent to payment being charged to your debit/credit card account or electronic payment account as provided on the order form.
- Payment will be debited and cleared from your account before the dispatch of the Goods to you.
- When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
- By accepting these Conditions you:
- Undertake that all the details you provide to us for the purpose of purchasing the Goods are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Goods ordered
- Undertake that any and all Goods ordered by you are for your own private or domestic use only and not for resale
- Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention
- We shall contact you should any problems occur with the authorisation of your card.
- We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.
Full terms and conditions of our past and present promotional offers can be found here.
Full terms and conditions of our past and present competitions can be found here.
Order process and formation of contract
All orders are subject to acceptance and availability. If any Goods ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.
Any order placed by you constitutes an offer to purchase the Goods from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Goods ordered by you from the Website.
A contract between you and us (the 'Contract') incorporating these Conditions will only subsist after we have debited your payment card and have confirmed that we have dispatched the Goods or made them available to be downloaded. We will send you an email to confirm this (a 'Confirmation Notice'). The Confirmation Notice will amount to an acceptance of your offer to buy the Goods from us. The Contract will only be formed when we send you the Confirmation Notice (whether or not you receive it).
Where we agree to supply Goods to you permanently or on an ongoing (continuous) basis, such as by subscription, they shall be provided for a minimum fixed period of time (the 'Minimum Duration'). The length of the Minimum Duration will depend on which package or product you have selected to purchase and is provided on the Website.
The Contract will relate only to the Goods stated in the Confirmation Notice. We will not be obliged to supply any other Goods which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.
You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.
You will be subject to the version of our policies and Conditions in force at the time that you order the Goods from us, unless:
- Any change to those policies or these Conditions is required to be made by law or governmental authority
- We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven working days of receipt of the Confirmation Notice
Resale of products
We do not authorise or provide documentation for the resale of any products purchased through our website. Please contact email@example.com if you would like more information on this policy.
The Goods will be delivered to you at the address you provided during the order process which may be an address other than the billing address, but please note that extra documentation may be needed to comply with such orders.
We employ professional carriers. Nevertheless, you must examine the Goods on arrival. If you are asked for your signature on delivery, you must examine the Goods before signing for it.
Any dates quoted for delivering the Goods are approximate only. If no date is specified then it will take place within 30 days or a reasonable time of the date of the Confirmation Notice, unless there are exceptional circumstances.
We shall not be liable for any delay in delivering the Goods, however caused.
The Goods may be sent to you in instalments.
For Christmas deliveries, we recommend that you check our Website for the last date of delivery. We will endeavour to dispatch all Goods that are in stock within 24 hours. However, we cannot guarantee delivery by 24th December.
Risk and title
- The Goods will be at your risk from the time of delivery.
- Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of them including VAT and the cost of delivery.
Cancelling your contract, returns, replacements and refunds
Cancelling before receiving a Confirmation Notice
- You may cancel your order for the Goods at any time prior to receiving a Confirmation Notice from us so long as you contact us in writing. You can send us a cancellation notice by sending an email to firstname.lastname@example.org or a letter to Unit 3A, Oldknows Mill, St Anns Hill Road, Nottingham.. Your cancellation notice must quote your name, address, the name or a description of the Goods and your order reference number.
Cancellation after receiving a Confirmation Notice (in accordance to Consumer Contracts Regulations 2013)
- You are entitled to cancel your Contract at any time prior to receiving the Goods so long as you provide us with written notice or, if you have received the Goods, so long as you provide us with written notice at anytime within 30 working days starting from the day after you received the Goods. You can send your cancellation notice by email to email@example.com or a letter to Unit 3A, Oldknows Mill, St Anns Hill Road, Nottingham.. Your cancellation notice must quote your name, address, the name or a description of the Goods and your order reference number.
- Upon receiving your cancellation notice, we will contact you and provide details of where you must return the Goods and other relevant instructions. You must then immediately return the Goods to us at your own cost and risk. We reserve the right, at our option, to collect the Goods from you. If we wish to collect the Goods we will notify you of when they will be collected by us. We will charge you for the cost of collecting the Goods and will deduct this from any sum owed by us to you.
- The Goods must be returned to us in the same condition in which you received them until such time as the Goods are either collected by us or delivered back to us by you. You must return the Goods with its original packaging and the original invoice. You have a legal obligation to take reasonable care of the Goods whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
Exception to the right to cancel
You will not have a right to cancel an order for goods purchased from us, in the following situations:
- If you expressly agree to us beginning to provide any services before the end of the cancellation period.
- The Contract is for goods which are bespoke or have been personalised or which may deteriorate (such as food)
- The Contract is for goods and/or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by us
- The Contract is for the sale of land or financial services
- The Contract is for the sale of goods by auction
- The Contract is for the supply of:
- Audio or video recordings and computer software if unsealed by you
- Audio or video recordings and software and other items that you have successfully downloaded where a free trial or demonstration was available to you to view or download
- Newspapers, magazines and other periodicals
- Gaming, betting and lottery services
Damaged, faulty or wrongly delivered goods
- We will offer you a refund of the full purchase price, including the cost of delivery for sending the goods to you, and the cost of returning the Goods to us, provided that you return the Goods to us and we must also be reasonably satisfied that:
- the Goods have not suffered damage after delivery;
- the Goods have not been misused or used other than in accordance with the instructions; and
- the problem is not due to normal wear and tear.
- been damaged on delivery. Delivery must not involve any 3rd party delivery services or carriers out with the carriers provided by The INKEY List;
- been delivered in a faulty condition;
- developed a fault within 30 of delivery; or
- have been delivered to you in error.
Alternatively, at your option, instead of a refund (and subject to returning the Goods as required under this clause) we will replace the Goods with the same or a similar product (subject to stock availability). Please note that the delivery method used to receive the Goods must not involve any 3rd party delivery services or carriers out with the carriers provided by The INKEY List.
Sometimes the product specifications from the manufacturer may change, in which case, if you request a replacement, we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement, you can return the Goods to us.
In order to claim a refund or replacement item please send us a cancellation notice as soon as you become aware of a problem and no later than 30 working days after receipt or the fault developing by email to firstname.lastname@example.org or a letter to Unit 3A, Oldknows Mill, St Anns Hill Road, Nottingham. Your cancellation notice must quote your name, address, the name or a description of the Goods, a brief description of the problem, fault or damage and your order reference number.
- Upon receiving your cancellation notice, we will contact you and provide details of where you must return the Goods and other relevant instructions. You must then immediately return the Goods to us. We reserve the right, at our option, to collect the Goods from you. If we wish to collect the Goods we will notify you of when they will be collected by us.
Incorrectly priced or described Goods
- Whilst we try and ensure that all the information on our Website is accurate, errors may occur. In the unlikely event that the price and/or description of an item listed on the Website has been incorrectly advertised, we will not be under any obligation to sell or provide those Goods to you.
- If we discover the error before sending you a Confirmation Notice we will at our discretion, either reject your order and notify you of such rejection, or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or description but either cannot contact you or do not receive your response within 14 days of sending you notification (whether or not you receive it), we will reject your order.
- If we discover the error after sending you a Confirmation Notice we may, at our discretion and without incurring any liability to you, cancel the Contract provided that the error is, in our reasonable opinion, obvious and unmistakable and could have reasonably been recognised by you. We will notify if we cancel the Contract.
- If your order is cancelled or rejected and you have already paid for the Goods, you will receive a full refund in accordance with the conditions stated above.
Delivery by instalments
- The Goods may be sent to you in instalments. You may cancel the outstanding part of your order and receive a refund, if you have already paid, of the purchase price of the outstanding Goods in accordance with the conditions above.
- We will examine any returned Goods and will notify you about your refund or replacement item via email within a reasonable period of time. We will usually process a refund or delivery of a replacement item as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you are entitled to it. Refunds will be made by crediting the payment card or electronic payment account you used to purchase the Goods.
- We reserve the right to refuse to issue a refund or replacement and to recover the cost of returning or collecting the Goods in the event that the Goods are found to have suffered damage after delivery or have been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear or if the Goods have not been returned with its original packaging. This does not affect your statutory rights.
If you have a comment, concern or complaint about any Goods you have purchased from us, please contact us via email at email@example.com or by post at Unit 3A, Oldknows Mill, St Anns Hill Road, Nottingham..
Liability and indemnity
Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
- Death or personal injury resulting from our negligence
- Fraud or fraudulent misrepresentation
- Action pursuant to section 2(3) of the Consumer Protection Act 1987
- Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability
The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
We will not be liable if the Website is unavailable at any time.
We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.
We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or
- any loss of goodwill or reputation; or
- any special or indirect losses; or
- any loss of data; or
- wasted management or office time; or
- any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your purchase of the Goods even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses 16.8.1 to 16.8.6, is strictly limited to the purchase price of the Goods you purchased.
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
You acknowledge that any review, feedback or rating which you leave may be published by us on the Website and you agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to our other websites, publications or marketing materials.
You undertake that any review, feedback or rating that you write shall:
- Comply with applicable law in the UK and the law in any country from which they are posted
- Be factually accurate
- Contain genuinely held opinions (where applicable)
- Not contain any material which is either defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of, any person or be deceiving
- Not promote or advocate an unlawful act or activity, discrimination, sexually explicit material or violence
- Not infringe any trademark, copyright (including design rights), database right, or other intellectual property rights of any other person or breach of any legal duty you owe to a third party
- Not be used to impersonate any person, or to misrepresent your identity
You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on the Website, including, without limitation, the violation of their privacy, defamatory statements or infringement of intellectual property rights.
You grant us and our affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you.
We reserve the right to publish, edit or remove any reviews without notifying you.
We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control ('Force Majeure'), which, without limitation, include:
- Strikes, lock-outs or other industrial action
- Shortages of labour, fuel, power, raw materials
- Late, defective performance or non-performance by suppliers
- Private or public telecommunication, computer network failures or breakdown of equipment
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Acts, decrees, legislation, regulations or restrictions of any government
- Other causes, beyond our reasonable control
Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.
Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.
- Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists
We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.
All notices given by you to us must be given to us at Unit 3A, Oldknows Mill, St Anns Hill Road, Nottingham. or by using firstname.lastname@example.org. We may give notice as described in clause 3
Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
The Contract represents the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Conditions.
We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
All prices and descriptions supersede all previous publications. All product descriptions are approximate.
Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
All Contracts are concluded and available in English only.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Conditions or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 3
Any Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
Governing law and jurisdiction
The Website is controlled and operated in the United Kingdom.
Every purchase and interaction you make shall be deemed performed in England and Wales and therefore governed by and construed in accordance with the laws of England and Wales.
The Conditions and any Contract brought into being as a result of usage of this Website will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.
Our terms and conditions for current competitions can be found here.
If you have any questions about these Terms and Conditions, You can contact us:
- By email: email@example.com
- By phone number: +448081646695