Set out below are the terms and conditions (the "Terms") you are agreeing to when you use (however you access it including from a mobile device) the website www.stickitonyourwall.com (the "Site"). These Terms cover (i) the supply of goods ordered through the Site and (ii) use of the Site.
You should read, and ensure that you understand, all of the Terms prior to using the Site. If you do not agree to be bound by these Terms then you should not use the Site.
TERMS AND CONDITIONS OF SUPPLY
- Member Details
- This Site may require you to register and provide certain information about yourself ("Personal Information") and where you do this you agree:
- to provide true, accurate, current and complete Personal Information as prompted by the relevant registration form;
- to maintain and promptly update your Personal Information (by updating it on the Site [in the your account section], or by sending an appropriately worded email sent via the contact page of the website) to keep it true, accurate, current and complete; and
- that you will not impersonate any other entity or use a false name that you are not authorised to use.
- User Name and Password
- Once you have registered with the Site, you will be allocated a unique username and/or password that gives you access to your Site account. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur through your Site account. You agree to:
- notify us immediately if you become aware of any unauthorised use of your password or Site account or any other breach of security by sending an appropriately worded email which may be sent via the contact page of the website and
- ensure that you exit from your Site account at the end of each session. We cannot and will not be liable for any claims, loss or damage of any nature whatsoever, including indirect, consequential or economic losses of profit arising from your failure to comply with these requirements.]
- Availability, Payment, Prices and Information
- We do not promise that products advertised on the Site are necessarily available, and all products are offered for sale subject to availability.
- Any literature published or submitted by us to you which contains any descriptions, specifications, drawings or prices of the goods is published or submitted for guidance only. We reserve the right to make minor modifications in the design and specification of the goods without notice to you, but we agree to notify you of any major or material modifications which you shall be deemed to have accepted we receive notification to the contrary in writing within 7 days of delivery.
- The price of the products shall be the price listed on the Site on the date of your order inclusive of any applicable UK VAT but exclusive of delivery charges which are payable by you. Please see the Site for full details of the delivery charges.
- All prices on the Site are in UK pounds sterling and must be paid in full, including delivery charges in accordance with the procedures set out in the Site.
- Due to the nature of the internet, errors, interruptions and delays may occur in the service at any time. Accordingly, this Site is provided on an "AS IS" and "AS AVAILABLE" basis without any warranties of any kind and we do not accept any liability arising from any inaccuracy or omission in the information or interruption in availability.
- Placing an Order
- Goods and services offered for sale will be held by our suppliers at the time they are offered for sale. We will place an order for all items purchased at the point the sale ends. Goods may take up to  days to be delivered.
- Once you click on the ?submit payment? button we will treat the order as an offer by you to purchase the products/and or services subject to these Terms. You are responsible for ensuring the accuracy of your order. When you place an order we will send you an order acknowledgement and email receipt of your order containing all of the details of your order. This is NOT an acceptance by us of your order but is simply a confirmation that we have received your offer to purchase products. At this point we will pre-authorise the charging of your credit/debit card with the total value of the order. Our acceptance of your order will take place when we despatch your order at which point you will be charged and we will send you a despatch confirmation email. Any products on the same order which we have not confirmed in a despatch confirmation email to have been despatched do not form part of that contract.
- We reserve the right to refuse an order. Non acceptance of an order may be as a result of one of the following: the product ordered being out of stock; our inability to obtain the authorisation of payment or failing security checks; the identification of an error within the product information, including price and promotion; you not meeting the eligibility to order as set out in the Terms.
- The terms of your order will be made available to you on request via email, (please use the contact page to email us) but we advise you also to print off and retain the confirmation of the order for your records.
- In the event that an item is out of stock or for reasons beyond our control we are unable to supply the goods, you will be informed as soon as practically possible. Where all items in an order are unavailable, the order relating to the unavailable item will be cancelled and a full refund will be made including any delivery charges. You hereby agree to accept the repayment in full and final settlement of all and any claims you may have against us for non-delivery. Where some items in an order are unavailable, those that are available will be despatched and a refund will be made for those that are unavailable. Delivery charges will still apply.
- You agree that we may use the Personal Information in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
- We confirm that we comply with the Distance Selling regulations. All orders will be delivered within 30 days of the original order date. If this time period is exceeded for any reason you will be notified by email of this delay and given the option of cancelling your order. Please note this guarantee does not apply for orders where delivery has been attempted and our courier has been unable to make the delivery as there was no one available to sign for the goods.
- Overseas customers
- As Stick It On Your Wall is a United Kingdom company, all prices on the Site and set out on any order for products are in UK pounds sterling.
- If you are placing an order from outside of the UK your card issuer may convert the charge into your local currency from the price displayed. The Site and these Terms have been designed to be in accordance with UK law. Whilst we may, at our discretion, consider orders from outside the UK, we give no warranty, express or implied, that the Site or the placing of any order through the Site from outside the UK complies with any applicable non-UK laws or regulations. Accordingly, any sales or services not permitted under your local law are not offered to you. Furthermore, we reserve the right to refuse any order at its discretion from overseas customers and it will have no obligation to provide you with any reasons for refusing an order.
- Delivery and Passing of Risk
- All products will be delivered to the address that you indicate when you complete the ?dispatch? page of the Site and risk of damage to or loss of the products shall pass to you at the time of delivery even if the products have not been received by you in person. [All delivery charges shown on the Site are inclusive of any applicable UK VAT.]
- Any times quoted for delivery are approximate only and we shall not be liable for any delay in delivery of the products howsoever caused.
- When we deliver the products, you (or the recipient of the products if different) may be required to sign on receipt of the products. This signature will be used as proof that we have delivered the products.
- If we are unable to deliver the products to the delivery address, we will be entitled to leave the products with a residential neighbour. If we are unable to leave the products with a neighbour, our delivery partner may retain the products and try to make contact with you in order to rearrange delivery or make the products available for you to collect. Any rearranged deliveries may be subject to an additional charge that shall be notified to you. If we or our delivery partners are unable to get in contact with you within a reasonable amount of time or if we are not provided with a new address for delivery within a reasonable amount of time, we shall be at liberty to take the products back to our warehouse and dispose of them as we see fit.
- [International Delivery]
- We currently deliver to the following countries: UK & ROI
- Where we deliver products abroad, you agree that we will act on your behalf to export the products and will complete the relevant export formalities in your own name.
- Where we deliver products abroad, the recipient of those products will be the importer of the products. As such it is your responsibility to check that any products ordered comply with the relevant national, state, or federal import laws and regulations and that there are not any local law or jurisdictional restrictions that may affect the delivery of your products to their intended destination. As the importer of the products, the recipient is responsible for all customs formalities for the import of the products. To the extent that it is payable, the recipient will be required to pay any tax, levy or other charge (including any import duty and customs entry charge) that may be imposed as a result of any national, state, or federal import law or requirements in the country where the products are being delivered.
- Cancellation and returns
- Where products are delivered to you in the United Kingdom, you have the legal right to cancel your order within 7 working days of receipt of the products. Where products are delivered to a destination within the European Union (including the Republic of Ireland), you may cancel your order within 10 days of receipt of the products. For all deliveries, this is with the exception of certain items "which by their nature cannot be returned".
- You must notify us of your intention to return any product. Products must be returned to the following address:
Stick It On Your Wall
Unit 1, Briar Farm,
RH14 9DJ, UK
- Items must be returned with their original packaging with tags still attached. You may not return products if they have been damaged (in our reasonable opinion) as a result of wear and tear, deliberate damage, accidental damage (by you), negligence, abnormal working conditions, failure to follow manufacturer instructions, misuse or alteration or repair of the goods without manufacturer approval. Please note that your right to return products does NOT apply to products which fall into the following categories unless they are faulty: jewellery for piercings, swimwear and lingerie, unsealed hosiery, unsealed DVDs or CDs, perishable items, goods made to your specification, mattresses, mattress toppers, duvets, pillows, personal grooming products, cosmetics or children's car seats in the case of an item with a hygiene seal you must not remove the seal prior to returning the item or we will not accept the return.
- If you wish to cancel your order you must return the products to us at your own cost. You are responsible for the items until they are received at the return address and thus we advise customers to use a special delivery service when returning items and to retain their proof of postage until receipt is confirmed by email.
- Where incorrect or damaged items are received we will cover the cost of the return postage.
- We will confirm any cancellation by email, you should expect your refund within 10 working days for UK orders and 20 working days for non UK orders from dispatch of your returned items.
- Please note: Items of clothing will arrive with a security tag attached. Please do not remove this security tag if you would like to return the item to us as unwanted. We are unable to accept any item of clothing returned to us if the security tag has been removed and items will be returned to sender without refund.
TERMS AND CONDITIONS OF USE
- By using the Site, you warrant that you have the right, authority and capacity to enter into and be bound by these Terms.
- We do not represent that any material on the Site is appropriate for use in locations other than the United Kingdom and will not be liable for any losses incurred as a result of such use. If you choose to access the Site from other locations, you are responsible for compliance with local laws if, and to the extent, such local laws are applicable.
- By submitting information to the Site, you agree that, whilst we may contact you in relation to the information you have provided, we are not obliged to provide you with any particular service.
- We make no warranty that the contents of the Site are free from infection by viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.
- We do not represent or guarantee the truthfulness, accuracy or reliability of any material contained on the Site. All such material is intended as information only and does not constitute advice. You acknowledge and agree that any reliance on material contained on the Site is at your own risk.
- We have taken every care in the preparation of the content of the Site, however we cannot guarantee uninterrupted and totally reliable access to the Site, and therefore cannot guarantee that the information will always be completely up to date and free of mistakes. To the extent permitted by applicable law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on the Site and will accept no liability for any loss or damage arising as a result of problems with access.
- We shall not be liable to any person for any loss or damage howsoever caused which may arise from the use of any of the information and materials contained on the Site.
- Certain (hypertext) links in the Site may lead to other websites, which are not under our control. When you activate any of these you will leave the Site and we have no control over and will accept no responsibility or liability for the material on any website which is not under our control.
- We may make software owned or operated by third-party companies available to you. You must only use this software in accordance with the terms and conditions imposed by the third-party provider.
- Your correspondence or participation in promotions, or business dealings with advertisers or our trade partners found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers or trade partners. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings, or as the result of the presence of such advertisers or trade partners on the Site.
- We may suspend the Site at any time and for any reason whatsoever, including but not limited to repairs or upgrades, and shall not be liable to you for any such suspension.
- We reserve the right to alter these Terms from time to time by posting new terms and conditions on the Site. Your continued use of the Site (or any part thereof) following such change will be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine if the Terms have been changed. If you do not agree to any change to the Terms, you must stop using the Site with immediate effect.
- If any provision of these Terms is held by any competent authority to be illegal, invalid or unenforceable in whole or in part then such provision shall be deemed to be omitted and the validity of the other provisions of these Terms shall not be affected.
- All liability is excluded to the maximum extent permitted by law including any implied terms.
- The exclusions of liability set out in these Terms shall not apply to any damages arising from death or personal injury caused by our negligence, or any of our employees or agents.
- Nothing in these Terms shall, whether directly or indirectly, give or be deemed to give any enforceable benefit of any kind to any third party as against us.
- Any failure or delay by us to enforce any of these Terms shall not be considered a waiver by us of our right to enforce such term or condition of these Terms.
- Prohibitions of Use
- We prohibit the use of the Site for any unlawful purpose. In addition to this, you agree not to use, nor allow any person under your control to use, the Site for the following purposes:
- [posting any incomplete, false or inaccurate information;]
- [posting any information which is subject to confidentiality provisions (implied or express);]
- [posting any information which, in our reasonable opinion, we consider to be defamatory, offensive, obscene, threatening, racist, sexist or discriminatory;]
- deleting, amending or in any way altering any material which has not been posted by you;
- [posting materials which are not your own work (in whole or in part) without having the consent of the original author;] or
- making use of the Site and/or the materials in a way which infringes the intellectual property rights of any other party.
- In the event that we consider that you are making any illegal and/or unauthorised use of the Site and/or your use of the Site is in breach of these Terms, we reserve the right to take any action that we deem fit, including terminating your use of the Site without notice and with immediate effect and, in the case of illegality, instigating criminal proceedings.
- Notwithstanding any other provision of these Terms, we may, at any time and for any reason, terminate these Terms with you and deny you access to the Site.
- Intellectual Property
- The copyright and all other intellectual property rights in the material contained on the Site, together with the website design, images and source code, belongs to us and all rights are reserved.
- You warrant that you are the owner, or alternatively that you have obtained the necessary consent(s) from the owner(s), of all and any material that you post on the Site.
- You grant to us a non-exclusive, perpetual, irrevocable, royalty-free licence to use any material that you post on the Site in accordance with these Terms.
- You warrant that you will neither (a) resell, transfer or provide to any other person the use of or access to the Site; nor (b) allow any other person access to any password, user ID or account information held by you in connection with the Site.
- We grant to you a non-transferable, non-exclusive, revocable, royalty-free licence to view and print the content of the Site for your personal and non-commercial use only.
- Governing Law
- These Terms shall be governed by and construed in accordance with laws of England and Wales. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. By accepting these Terms you submit to the non-exclusive jurisdiction of the English courts.