T’s&C’s
- TERMS & CONDITIONS FOR INTERNET PURCHASING
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1.
DEFINITIONS AND INTERPRETATION
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1.1
In these Conditions:
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- “Contract” means any contract for the sale of goods and/or the supply of services between us and you into which these Conditions are incorporated;
- “Conditions” means the standard terms and conditions of sale set out below, including any special terms and conditions confirmed in writing by us;
- “Goods” means the goods and/or services which we shall supply in accordance with these Conditions;
- “we” means Northern Sole Ltd, and “us” and “our” shall be construed accordingly;
- “you” means the person placing an order for the Goods and entering into the Contract with us and “your” shall be construed accordingly.
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1.2
The headings in these Conditions are for convenience only and shall not affect their interpretation.
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2.
BASIS OF SALE
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2.1
These Conditions and the terms of the Returns Policy shall set out the entire agreement and apply to all Contracts between us for the sale of Goods.
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2.2
All specifications, drawings and particulars of weights, dimensions and performance issued by us are approximate only and are not intended to form the basis of any Contract.
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2.3
We reserve the right to withdraw any offer, special promotion or competition displayed on the website that in our opinion is being abused. In the event that you have already placed an order that we have accepted we will provide you with a full refund for any money received.
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3.
ORDERS AND SPECIFICATIONS
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3.1
An order for Goods occurs when you have selected the item(s) for purchase and the ‘click-through’ process has been completed. You will be asked to confirm that you wish to purchase the Goods and informed that once you click “OK” to confirm, the order has been placed.
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3.2
Your order represents an offer to purchase the Goods which is accepted by us when we send a confirmation email to you. Our acceptance of your order is conditional upon the Goods being intended for personal use and not for resale. All orders are subject to availability and on a first-come first-served basis as we are unable to reserve or pre-order Goods, and we shall have no obligation to accept any order but will inform you if we have not accepted an Order. In the unlikely event that we are out of stock when you place your order, we will email you to ask if you wish to cancel your order, or to order another item. If we cannot contact you within 48 hours, we shall assume that your order is cancelled.
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3.3
If we reasonably believe you are intending to resell the Goods (whether on e-bay or otherwise) we reserve the right to refuse your order. However, in the event that we do accept your order we will be entitled to treat you as a commercial customer and as such:
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3.3.1
the rights afforded in clause 7 relating to the right to cancel will not apply; and
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3.3.2
we will only accept returned Goods within seven days of dispatch if they were defective at the time of receipt.
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3.4
You shall be responsible for ensuring the accuracy of the terms of any order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with these Conditions.
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4.
ONLINE SECURITY
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4.1
Ordering and paying for online orders with us is both safe and secure. Once you checkout, we encrypt all your details using internet standard encryption technology (SSL).
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4.2
If a site is secure a padlock will appear in the bottom right hand section of your screen when you are in the credit card entry area. Occasionally, the padlock will not be visible but the page is still secure. If you do not see the padlock, you can check by right-clicking anywhere on the page (except on an image) and select Properties. If the URL starts https: the s indicates that the page is secure.
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4.3
If you do not want to place your order over the internet then look and browse through the website, make a note of the items you want to order and ring our customer services line to place your order. We strongly advise not to email an order to us as this is not secure and could be intercepted.
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5.
PRICE OF THE GOODS
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5.1
The price of the Goods shall be the price confirmed by us at the time the order is placed.
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5.2
While we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of Goods you have ordered, we will inform you by email as soon as possible and give you the option of re-confirming the order at the correct price or canceling it. If we are unable to contact you within 48 hours, we will treat the order as cancelled. If you have already paid for the Goods and the order is subsequently cancelled, you will receive a full refund.
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5.3
In the event that we are unable to supply the Goods at the price, specification or by the delivery date stated in the order, we will where possible notify you of any changes in the price or date and where the Goods ordered are not available we may offer you substitute Goods. In the event that the substitute Goods are at a different price, you will be asked to re-confirm your order at the new price. You are not obliged to accept any substitute Goods and will be entitled to receive a full refund for the Goods which we are unable to deliver or are not acceptable.
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5.4
The price is inclusive of any applicable value added tax (at the rate from time to time in force). At the checkout you will be informed of the delivery options and their cost. Any packaging or delivery costs for which you shall be liable will be confirmed after your order has been placed.
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6.
TERMS OF PAYMENT
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6.1
You are obliged to pay for the Goods in full when the Goods are dispatched, as agreed when you entered into the Contract. If for any reason you fail to make payment in full then we reserve the right to:
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6.1.1
cancel the Contract or suspend further deliveries to you;
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6.1.2
charge you a reasonable amount of interest (as well after as before any judgment) on the amount unpaid, from the date the amount was due until payment is made in full, accruing pro rata on a daily basis.
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6.2
In the event that a credit card payment is dishonoured by your bank or credit card provider, they (being your bank, credit card provider or any debt collection company appoint by Northern Sole) may charge a fee. Where we incur any fee or liability as a result of a dishonoured payment, you will be liable to reimburse us in full for the amount we have incurred.
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6.3
All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. In addition, in the interests of preventing fraudulent use of credit, debit and charge cards, Get The Label may validate the names, addresses and other information supplied during the order process against commercially available records (eg Electoral Roll data, Credit Reference Services). A third party may also be instructed to complete these checks. By ordering from our website you consent to such checks being made. We may need to contact you by letter, telephone or email to verify details before we are able to process and dispatch your order or we may be unable to accept your order. Any information given may be disclosed to a registered Credit Reference Agency which may keep a record of the information. All information provided by you to us will be treated in accordance with the Data Protection Act 1998.
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6.4
We will from time to time ask if you wish to sign up to our newsletter and/or SMS (text message) update service. In order for you to receive these we will need to retain personal details, for example your mobile telephone number, email or postal address. All such information will be kept in accordance with the terms of our Privacy Policy.
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7.
DELIVERY
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7.1
You shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.
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7.2
We aim to provide you with a reasonable date on which the Goods will be ready for delivery. Where we become aware that the date for collection or delivery may be delayed, we shall notify you as soon as possible and aim to provide you with a revised date. We shall not be liable for any loss you incur, whether financial or otherwise, resulting directly or indirectly from our delay or failure to meet the date where the delay is caused by reasons outside of our control. Time shall not be of the essence in respect of deliveries under any Contract or these Conditions.
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7.3
If we fail to deliver the Goods (or any installment) for any reason other than any cause beyond our reasonable control or your fault, our liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
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7.4
If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery then we reserve the right to store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage or subsequent delivery charges which we may incur.
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7.5
Please see our Delivery & Postage policy for postage charges.
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8.
YOUR RIGHT TO CANCEL
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8.1
If, for any reason you are unhappy with the Goods, you have the right to cancel your order at any time within seven working days from the day after the day on which the Goods were received unless clause 3.3 applies (”Cancellation Period”).
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8.2
If you wish to cancel before the Goods are dispatched, you are asked to contact us in writing or by email, fax or phone as soon as reasonably possible.
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8.3
If you wish to cancel after the Goods are dispatched, but within the Cancellation Period, please return the Goods to us, at your expense, indicating whether you require an exchange or refund. Please refer to our Returns policy. We will reimburse the entire sum paid, less the cost of recovering the Goods.
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8.4
When returning the Goods to us, you must take reasonable care of the Goods. For example you may not remove sales tags or any hygiene seals on the Goods before deciding to return the Goods, or, if you have bought outdoor items, these must only be examined and inspected indoors.
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8.5
We reserve the right to refuse to accept returns of Goods when the return of the Goods is a physical impossibility or where the Goods cannot be restored in the same physical state as they were supplied.
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9.
RISK AND PROPERTY
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9.1
Risk of damage to or loss of the Goods shall pass to you at the time of delivery or, if you fail to take delivery of the Goods, the time when you have collected the Goods.
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9.2
Notwithstanding delivery and the passing of responsibility for the Goods to you, the transfer of the ownership of the Goods shall not pass to you until we have received in cleared funds payment in full of the price of the Goods.
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9.3
Until such time as the Goods are paid for in full and/or until the expiry of the Cancellation Period, you shall be responsible for taking reasonable care of the Goods. Where you fail to pay for the Goods in accordance with these Conditions, we shall be entitled, at any time, to require you to deliver up the Goods to us and, if you fail to do so, seek a court order to permit us to enter upon any premises where the Goods are stored and repossess the Goods.
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10.
WARRANTIES AND LIABILITY
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10.1
Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by the applicable law. Where the Goods are sold to a person dealing as a consumer, we warrant that we have good title to the Goods, that the Goods are of satisfactory quality, are reasonably fit for their normally intended purpose, and conform to their description.
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10.2
Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976, as amended) your legal rights are not affected by these Conditions. Further information on your legal rights can be obtained from Trading Standards or Citizens Advice Bureaux.
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10.3
Should you suffer or incur loss or damage in connection with the supply of Goods under this Contract, our liability is limited to that caused by a natural and reasonably foreseeable consequence for which we are at fault or negligent.
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10.4
Subject to clause 10.5, except as expressly provided otherwise in these Conditions, we shall not, in any circumstances whatsoever or howsoever arising and whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any of the following losses or damages, whether direct or indirect, arising out of, or in connection with, the supply, non supply or delay in supplying the Goods or otherwise in connection with any Contract:
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10.4.1
loss or damage incurred as a result of third party claims;
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10.4.2
loss of actual or anticipated profits;
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10.4.3
loss of business opportunity;
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10.4.4
loss of anticipated savings;
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10.4.5
loss of goodwill or loss of enjoyment;
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10.4.6
injury to reputation; or
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10.4.7
any indirect, special or consequential loss or damage howsoever caused even if we were advised of the possibility of them in advance.
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10.5
The above terms in no way limit our liability for death or personal injury caused by our negligence.
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11.
DISCLAIMER
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11.1
We give no warranties of any kind concerning this website or the material contained on it. In particular, we do not warrant that this website or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination .
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11.2
Posted comments
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11.2.1
To the extent permitted at law, we do not accept any responsibility for any statement in any comments published on this website by third parties. You must not rely on any such statement without first taking specialist professional advice.
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11.2.2
For the avoidance of doubt, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the material or any part of it (except for death or personal injury attributable to our negligence and to the extent permitted at law).
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11.2.3
Where third parties publish comments on this website, those third parties warrant that contributions are not defamatory and do not infringe any law or person’s rights. Examples of prohibited actions or behaviour include:
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11.2.3.1
anything abusive or threatening;
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11.2.3.2
material which is sexist, racist, homophobic, obscene or likely to harass or cause distress or be disruptive;
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11.2.3.3
swearing;
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11.2.3.4
spamming;
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11.2.3.5
multiple posting;
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11.2.3.6
advertising;
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11.2.3.7
impersonation.
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11.2.4
Should any published comments be deemed, in our sole judgment, to fall within those categories listed in 19.2.3 or to be undesirable in any way for the good running of the website or its reputation, we reserve the right to delete such contribution and/or to block any further contributions by the email address or IP address used to make such a contribution.
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11.2.5
We reserve the right to delete any contribution at our sole unfettered discretion at any time without any notice or explanation.
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11.3
Third party sites This website contains links to other websites operated by parties who are wholly separate from us. Links to all third party sites are identifiable because clicking on them will launch new browser windows displaying the third party’s URLs or are otherwise indicated by us. Such links are provided for your convenience and reference only and you access them at your own risk. We cannot be held responsible in any way for the control, operation or availability of such websites.
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12.
PROMOTIONAL CODES
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12.1
We may make available promotional codes from time to time. Any use by you of a promotional code in respect of an order shall only be permitted where used by the person for whom it is intended and for a single use.
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12.2
Promotional codes are not valid in conjunction with any other offer and there is no cash alternative available to promotional codes. Promotional codes may be withdrawn by us at any time.
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12.3
All offers to which the promotional code relates shall only be available on UK orders (excluding Postage and Packaging costs at the normal rate).
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13.
GENERAL
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13.1
Neither party shall be liable to the other or deemed to be in breach of Contract by reason of delay or failure to perform any of that party’s obligations if the delay or failure to due to act cause beyond that party’s reasonable control. This does not exclude liability for payment which shall be made in the time and manner required by clause 5.
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13.2
A person who is not a party to the Contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these conditions. This clause does not affect any right or remedy of any person which exists or is otherwise available otherwise than pursuant to that Act.
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13.3
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party and delivered to the address provided at the time the order is confirmed or any subsequent or alternative address which one party may notify to the other from time to time.
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13.4
Where we do not take action against you for any breach of the Contract, we shall not be prevented from taking action against you in respect of any subsequent breach of the same or any other provision.
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13.5
Where any competent authority deems any Condition to be invalid or unenforceable in whole or in part, then the offending part shall be removed and the validity of the remainder of the Conditions shall not be affected.
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13.6
We reserve the right to monitor and record telephone calls our staff receive and make, in order to monitor staff performance and ensure the highest service possible is provided to our customers.
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13.7
All intellectual property rights, including copyright, in the content accessible or available for download on the website, including text, pictures, graphics, video, audio material, software or any other form, belong to us or our licensors. All rights are hereby reserved.
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13.8
The Contract and these Conditions shall be governed by the laws of England, and you agree to submit to the non-exclusive jurisdiction of the English courts.
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- COMPETITION RULES
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1.
THESE CLAUSES SET OUT THE COMPETITION RULES (”RULES”) AND APPLY TO ANY COMPETITIONS [ON THE TOPGRADE WEBSITE] (”COMPETITION”), UNLESS OTHERWISE EXPRESSLY STATED. BY ENTERING A COMPETITION, ENTRANTS AGREE TO BE BOUND BY THESE RULES.
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2.
WE RESERVE THE RIGHT TO CANCEL OR AMEND THE COMPETITION OR THE RULES WITHOUT NOTICE AT ANY TIME. ANY CHANGES WILL BE POSTED WITHIN THESE TERMS AND CONDITIONS.
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3.
IN THE EVENT OF ANY DISPUTE REGARDING THE RULES, CONDUCT, RESULTS AND ALL OTHER MATTERS RELATING TO A COMPETITION, OUR DECISION SHALL BE FINAL AND NO CORRESPONDENCE OR DISCUSSION SHALL BE ENTERED INTO.
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4.
EMPLOYEES OF TOPGRADE OR ANY COMPANY INVOLVED IN THE COMPETITION, OR ANY ADVERTISING AGENCY OR WEB COMPANY CONNECTED WITH US OR ANY SUCH PERSON’S SUBSIDIARY OR ASSOCIATED COMPANIES, AGENTS OR MEMBERS OF THEIR FAMILIES OR HOUSEHOLDS, ARE NOT ELIGIBLE TO ENTER THE COMPETITION.
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5.
ADDITIONAL ELIGIBILITY REQUIREMENTS MAY APPLY TO A SPECIFIC COMPETITION, E.G. A VALID PASSPORT, VISAS AND /OR DRIVER’S LICENCE.
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6.
BY ENTERING THE COMPETITION, YOU HEREBY WARRANT THAT ALL INFORMATION SUBMITTED BY YOU IS TRUE, CURRENT AND COMPLETE. WE RESERVE THE RIGHT TO VERIFY THE ELIGIBILITY OF ALL ENTRANTS.
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7.
THE ADDRESS YOU PROVIDE WITH YOUR COMPETITION ENTRY (”ENTRY”) WILL BE USED TO SEND ANY PRIZES SO PLEASE MAKE SURE THIS IS CORRECT. YOU ARE NOT ENTITLED TO ENTER THE COMPETITION IF YOU ARE RESIDENT IN A COUNTRY OR JURISDICTION (OUTSIDE THE UNITED KINGDOM) WHERE THE COMPETITION MAY BREACH ANY LAW OR REGULATION. WHERE THIS APPLIES, OUR INVITATION TO ENTER THE COMPETITION IN SUCH COUNTRY AND/OR JURISDICTION IS WITHDRAWN.
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8.
WHERE A COMPETITION IS OPEN TO ALL AGE GROUPS WE ASSUME THAT BY USING THE WEBSITE AND ENTERING THE COMPETITION YOU WARRANT THAT YOU ARE AGED 18 OR OVER OR, IF YOU ARE UNDER 18, THAT YOUR PARENTS HAVE CONSENTED TO YOUR ENTRY INTO THE COMPETITION AND THESE RULES. IF A COMPETITION IS ONLY OPEN TO A CERTAIN AGE GROUP (E.G. 18 AND OVER) WE ASSUME THAT BY ENTERING THE COMPETITION YOU WARRANT THAT YOU ARE THE APPROPRIATE AGE TO ENTER THE COMPETITION.
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9.
WE RESERVE THE RIGHT TO DISQUALIFY ANY ENTRANT IF WE HAVE REASONABLE GROUNDS TO BELIEVE THE ENTRANT HAS BREACHED ANY OF THE RULES.
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10.
YOU MAY ENTER THE COMPETITION AS MAY TIMES AS YOU LIKE, HOWEVER WHERE A WINNER HAS BEEN SELECTED AND WE DISCOVER OR HAVE REASONABLE GROUNDS TO BELIEVE THE WINNER HAS USED ANY SOFTWARE OR AUTOMATED PROCESS EITHER TO ANSWER QUESTIONS OR TO MAKE BULK ENTRIES OR IS DISQUALIFIED FOR ANY OTHER REASON, WE IN OUR SOLE DISCRETION MAY DECIDE WHETHER A REPLACEMENT SHOULD BE SELECTED. IN THIS EVENT, ANY FURTHER ENTRANT WILL BE SELECTED ON THE SAME CRITERIA AS THE ORIGINAL ENTRANT AND WILL BE SUBJECT TO THESE RULES.
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11.
COMPETITION ENTRIES MUST BE MADE IN A MANNER AND BY THE CLOSING DATE AND TIME SPECIFIED. FAILURE TO DO SO WILL DISQUALIFY THE ENTRY.
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12.
THERE IS NO PURCHASE REQUIREMENT TO ENTER A COMPETITION AND THERE IS NO CHARGE TO REGISTER FOR USE OF THE WEBSITE.
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13.
PROOF OF POSTING OR EMAILING CANNOT BE ACCEPTED AS PROOF OF DELIVERY, WE CANNOT ACCEPT RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, ALTERATION OF OR UNAUTHORIZED ACCESS TO ENTRIES LOST, DAMAGED OR DELAYED AS A RESULT OF SERVER FUNCTIONS, TECHNICAL ISSUES, VIRUS, BUGS OR OTHER CAUSES OUTSIDE OUR CONTROL.
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14.
ENTRANTS SHOULD NOTE THAT UNLESS STATED OTHERWISE, WE DO NOT ACCEPT RESPONSIBILITY FOR THE RETURN OF ANY ENTRIES, INCLUDING THOSE CONSISTING OF ARTISTIC OR OTHER MATERIAL.
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15.
PRIZE WINNERS WILL BE CHOSEN AT RANDOM UNLESS SPECIFIED OTHERWISE FROM ALL QUALIFYING ENTRIES WITHIN 28 DAYS OF THE CLOSING DATE SPECIFIED TIE-BREAKERS WILL BE JUDGED BY US AND, IF REQUIRED BY LAW, BY AN INDEPENDENT ADJUDICATOR. IN ALL MATTERS, THE DECISION OF THE JUDGE(S) AND OURSELVES SHALL BE FINAL AND NO CORRESPONDENCE OR DISCUSSION SHALL BE ENTERED INTO.
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16.
PRIZE WINNERS WILL BE NOTIFIED IN THE MANNER AND WITHIN THE TIME SPECIFIED (AND MAY BE CONTACTED BY US OR OUR NOMINATED SUPPLIER(S)). RETURN OF ANY PRIZE NOTIFICATION AS UNDELIVERABLE OR FAILURE TO REPLY AS SPECIFIED IN THE NOTIFICATION (AND WITHIN THE TIME STATED) MAY RESULT IN DISQUALIFICATION AND SELECTION OF AN ALTERNATE WINNER. IF MORE THAN ONE PRIZE IS AWARDED ONLY ONE PRIZE PER ENTRANT WILL BE AWARDED.
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17.
CLAIMS FOR PRIZES MUST BE MADE IN THE MANNER AND WITHIN THE TIME SPECIFIED. FAILURE TO CLAIM A PRIZE WITHIN THIS TIME OR IN THE MANNER SPECIFIED MAY RESULT IN DISQUALIFICATION AND SELECTION OF AN ALTERNATIVE WINNER.
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18.
PRIZES ARE NON-TRANSFERABLE AND THERE IS NO CASH ALTERNATIVE. WE RESERVE THE RIGHT TO SUBSTITUTE PRIZES OF EQUAL OR GREATER VALUE AT ANY TIME.
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19.
PRIZES ARE AWARDED AT OUR DISCRETION AND NO PRIZES WILL BE AWARDED AS A RESULT OF IMPROPER ACTIONS BY OR ON BEHALF OF ANY ENTRANT.
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20.
WHERE A PRIZE MAY NOT BE APPROPRIATE FOR A YOUNGER CONTESTANT, THE MINIMUM AGE FOR ENTRY WILL BE STATED AND MUST BE OBSERVED. WE RESERVE THE RIGHT TO REQUEST WRITTEN PROOF OF AGE OF ANY WINNER.
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21.
ALL TAXES, INSURANCE, TRANSFERS, SPENDING MONEY AND OTHER EXPENSES (INCLUDING MEALS OR PERSONAL EXPENSES UPGRADES ETC) AS THE CASE MAY BE, UNLESS SPECIFICALLY STATED, ARE AT THE SOLE RESPONSIBILITY OF THE PRIZE WINNER.
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22.
WE CANNOT ACCEPT ANY RESPONSIBILITY FOR ANY DAMAGE, LOSS, INJURY OR DISAPPOINTMENT SUFFERED BY ANY ENTRANT ENTERING THE COMPETITION OR AS A RESULT OF ACCEPTING ANY PRIZE IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, OR PROVIDERS, COMPUTER EQUIPMENT OR SOFTWARE, FAILURE OR ANY EMAIL OR ENTRY TO BE RECEIVED ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, TELEPHONE LINES OR AT ANY WEBSITE, OR ANY COMBINATION OF THESE, INCLUDING ANY INJURY OR DAMAGE TO ENTRANT’S OR ANY OTHER PERSON’S COMPUTER OR MOBILE TELEPHONE RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING ANY MATERIALS IN THE COMPETITION. NOTHING SHALL EXCLUDE OUR LIABILITY FOR DEATH OR PERSONAL INJURY AS A RESULT OF ITS NEGLIGENCE.
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23.
WINNERS MAY BE REQUESTED TO TAKE PART IN PROMOTIONAL ACTIVITY AND WE RESERVE THE RIGHT TO USE THE NAMES AND ADDRESSES OF WINNERS, THEIR PHOTOGRAPHS AND AUDIO AND/OR VISUAL R ECORDINGS OF THEM IN ANY PUBLICITY.