| Terms And Conditions Of Sale
|
You are connected to the User Agreement for Web Media Promotions trading online as SexShop2005.co.uk, Head Office: 6 Vincent Street, Northwood, Stoke On Trent, Staffordshire, ST1 6PW. An on-line shopping facility offering an exciting and convenient way to buy goods over the Internet.
1. The Contract between us:
We must receive payment of the whole of the price for the goods that you order before your order can be Processed. Once payment has been received by us we will confirm that your order has been accepted by sending an e-mail to you at the e-mail address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
Only adults (that is, those aged 18 and over) are entitled to enter our web site and into legally binding contracts and as a result are the only people entitled to transact through this site. Any other individuals who are unable to perform legally binding contracts are prohibited from ordering goods using this site. If you do not qualify DO NOT use this site.
By ordering on this web site you are making a statement, upon which we are entitled to rely, that you are aged 18 years or older and capable of forming a legally binding contract.
2. Price
2.1 The prices payable for goods that you order are as set out in our web site.
2.2 You will be required to pay extra for delivery. You will be notified of our delivery charges prior to payment at point of order.
3. Right for you to cancel your contract
3.1 You may cancel your contract with us for the goods that you order at any time up to the end of the second working day from the date you order the goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
3.2 To cancel your contract you must notify us by email to our email address.
3.3 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
3.4 Once you have notified us that you are cancelling your contract, any sum debited to us from you credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
4. Cancellation and Back orders by us
4.1 We reserve the right to Back Order the contract between us if:
4.1.1 we have insufficient stock to deliver the goods you have ordered;
4.1.2 one or more of the goods you ordered were listed at an incorrect price due to a typographical error or an error
in the pricing information received by us from our suppliers
4.2 If we do cancel your contract we will notify you by email
and will re-credit to your account any sum deducted by us
from your credit card as soon as possible but in any event
within 30 days of your order. We will not be obliged to offer
any additional compensation for disappointment suffered.
5. Delivery of goods to you
5.1 We will deliver the goods ordered by you to the address
you give us for delivery at the time you make your order.
5.2 Delivery will be made as soon as possible after your
order is accepted and processed in any event within 30 days
of your order.
5.3 You will become the owner of the goods you have ordered
when they have been delivered to you and they have been paid
for in full by you. Once goods have been delivered to you
they will be held at your own risk and we will not be liable
for their loss or destruction.
6. Liability
6.1 If the goods we deliver are not what you ordered or are
damaged or defective or the delivery is of an incorrect quantity,
we shall have no liability to you unless you notify us by
e-mail, telephone, fax, or post of the problem within 7 working
days of the delivery of the goods in question.
6.1a Goods must be returned to us as outlined in section 3.4
6.2 If you do not receive goods ordered by you within 30
days of the date on which you ordered them, we shall have
no liability to you unless you notify us by e-mail, telephone,
fax, or post at our contact addresses of the problem within
37 days of the date on which you ordered the goods.
If you notify a problem to us under this condition, our only
obligation will be, at your option:
6.2.1 to make good any shortage or non-delivery.
6.2.2 to replace any goods that are damaged or defective;
or
6.2.3 to refund to you the amount paid by you for the goods
in question in whatever way we choose.
6.3 Save as precluded by law, we will not be liable to you
for any indirect or consequential loss, damage or expenses
(including loss of profits, business or goodwill) howsoever
arising out of any problem you notify to us under this condition
and we shall have no liability to pay any money to you by
way of compensation other than to refund to you the amount
paid by you for the goods in question under clause 6.2.3 above.
6.4 You must observe and comply with all applicable regulations
and legislation, including obtaining all necessary customs,
import or other permits to purchase goods from our site. The
importation or exportation of certain of our goods to you
may be prohibited by certain national laws. We make no representation
and accept no liability in respect of the export or import
of the goods you purchase.
6.5 Notwithstanding the foregoing, nothing in these terms
and conditions is intended to limit any rights you might have
as a consumer under applicable local law or other statutory
rights that may not be excluded nor in any way to exclude
or limit our liability to you for any death or personal injury
resulting from our negligence.
7. Notices
Unless otherwise expressly stated in these terms and conditions,
all notices from you to us must be in writing and sent by
e-mail, telephone, fax, or post to our contact addresses and
all notices from us to you will be either displayed on our
web site from to time or via post or email marketing.
8. Events beyond our control
We shall have no liability to you for any failure to deliver
goods you have ordered or any delay in doing so or for any
damage or defect to goods delivered that is caused by any
event or circumstance beyond our control including, without
limitation, strikes, lock-outs and other industrial disputes,
breakdown of systems or network access, flood, fire, explosion,
accident or war.
9. Invalidity
If any part of these terms and conditions is unenforceable
(including any provision in which we exclude or liability
to you) the enforceability of any other part of these conditions
will not be affected.
10. Privacy
You acknowledge and agree to be bound by the terms of our
privacy policy.
11. Third Party Rights
Except for our affiliates, directors, employees or representatives,
a person who is not a party to this agreement has no right
under the UK Contracts (Rights of Third Parties) Act 1999
to enforce any term of this agreement but this does not affect
any right or remedy of a third party that exists or is available
apart from that Act.
12. Governing Law
Each and every transaction carried out is deemed to be completed
within the United Kingdom and therefore shall be governed
by and interpreted in accordance with English Law. The terms
of this charter (and any dispute, controversy, proceedings
or claims of whatever nature in relation to them) shall be
governed and interpreted in accordance with English Law and
the English Courts shall have exclusive jurisdiction in relation
thereto.
13. Entire Agreement
13.1 These terms and conditions, together with our current
web site prices, delivery details, contact details and privacy
policy, set out the whole of our agreement relating to the
supply of the goods to you by us. Nothing said by any sales
person on our behalf should be understood as a variation of
these terms and conditions or as an authorised representation
about the nature or quality of any goods offered for sale
by us. Save for fraud or fraudulent misrepresentation, we
shall have no liability for any such representation being
untrue or misleading.
13.2 We make no representations or warranties about the accuracy
completeness or suitability for any purpose of the information
and related graphics published on our web site. From time
to time our site may contain technical inaccuracies or typographical
errors. All liability of howsoever arising for any such inaccuracies
or errors is expressly excluded to the fullest extent permitted
by law.
13.3 Not withstanding the foregoing, nothing in these terms
and conditions is intended to limit any rights you may have
as a consumer under applicable local law or other statutory
rights that may not be excluded nor in any way to exclude
or limit our liability to you for any death or personal injury
resulting from our negligence.
14. Trade Marks
Web Media Promotions the operator of the SexShop2005.co.uk trade
mark and get up. All other trademarks, product names and company
names or logos sited herein are the property of their respective
owners. No permission is given by Web Media Promotions in respect
of the use of any such brand names, product names or titles
or copyrights and such use may constitute an infringement
of the owners' rights.
15. Events Beyond our Control
SexShop2005.co.uk & Web Media Promotions will not be in breach
of this Agreement or otherwise liable for any delay in performance
if to the extent that any delay or failure is due to circumstances
beyond its reasonable control including, without limitation,
strikes, lock-outs and other industrial disputes, break down
of systems or network access, flood, fire, explosion, accident
or war.
16. Invalidity
If any part of the terms of this charter are unenforceable
(including any provision in which we exclude our liability
to you) the enforceability of any other part of these conditions
will not be affected.
|