TERMS & CONDITIONS
1.1 These terms and conditions (“Terms”) are the terms on which this website https://www.spots-and-stripes.com/ (“Website”) is made available to you (“You”, “Your”). Please read these Terms carefully before using Our Website.
1.2 By using or accessing Our Website, You agree to be legally bound by these Terms as they apply to Your use of or access to Our Website.
1.3 If You do not wish to be bound by these Terms then please refrain from using Our Website.
1.4 Any products which are available for You to purchase on or via Our Website are subject to additional terms and conditions which will be notified to You when You follow the ordering procedures set out on the relevant order page.
2. Information about Us
2.1 We are Spots and Stripes Products Ltd a company incorporated in England and Wales with company number 11359354 and Our registered office address is The Hatch, High Street, Seend, Melksham, Wiltshire, United Kingdom, SN12 6NW.
2.2 If You have any questions, complaints or comments about Your experience ordering or buying products from us, or about this Website then You may contact us by email [email protected] or by post to Our registered office address.
3. Buying Products on Our Website
3.1 To order a product You will need to follow the ordering procedures set out on the relevant order page. UK mainland orders are shipped on a 3-5 day service, Monday to Friday and delivery charges apply and these are included when You place Your order. Please contact us if You wish to place an order for delivery elsewhere and we will try to make arrangements for You.
3.2 We will confirm receipt of Your order by online electronic means to the e-mail address You have given us on ordering. Our acknowledgement of Your Order is not acceptance of Your order. We are entitled to refuse any order placed by You. We will notify You if we do not accept Your order, for example because Your selected products are unavailable or payment is not authorised.
3.3 Once Your order is despatched, we will send You a confirmation email which is acceptance of Your order. Our confirmation email will include an estimated delivery date for Your order and we will endeavour to fulfil Your order by the date set out in the acknowledgement email. A contract for the sale and purchase of the products will only arise once we despatch the products from Our warehouse.
3.4. All details You provide to us for the purpose of purchasing products on Our Website must be correct. You confirm that the credit or debit card, or any electronic cash, which You use is Your own and that there are sufficient funds or credit facilities to cover the cost of any products and delivery. We reserve the right to obtain validation of Your credit or debit card details from Your card issuer before providing You with any products.
3.5. Our products are sold to You subject to any terms and conditions in respect of the individual product described on the Website, including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties and guarantees. We endeavour to ensure that all details, descriptions and prices on the Website are correct at the time when the relevant information was entered onto the system. The images of the products on Our Website are for illustrative purposes only. Your product and its packaging may vary slightly from these images.
3.8 You do not acquire any rights of use to Our trade marks when You purchase Our products. Any unauthorised use of Our trade marks for distribution or resale of Our products is strictly forbidden.
4. Price and Payment
4.1 Details of the prices for the products and the procedures for payment and delivery are displayed on or through Our Website. The price of any product is the price in force at the date and time of Your order. You must pay for the products and delivery charges by credit, debit card or Paypal account at the time of the order, at which time You will be notified of the current price.
4.2 The price of any product includes VAT but excludes any delivery charges and, if You live outside the UK, any local import taxes and duties. Local import taxes and duties are Your responsibility to pay.
4.3 We reserve the right to change the price of the products and delivery charges shown on Our Website and withdraw or change products at all times. If there is any error in the price of the product You have ordered, we will contact You and give You the option to cancel or reconfirm Your order.
5. Cancellation Rights
5.1 We hope that You are delighted with Your order. If for any reason You are not entirely satisfied, You may cancel Your contract and return any item in its original condition for a full refund by following the steps below.
- You must inform us of Your decision to cancel Your contract no later than 7 days after the day on which You receive Your order.
- To cancel the contract, please let us know by emailing us at [email protected] or write to us at Our registered office address, us with Your name, address, details of the order You wish to cancel and, where available, Your phone number and email address.
- Ensure You return Your product(s) within 7 days of such cancellation. The products must be returned unused, in their original, undamaged packaging.
- You are responsible for the cost of return postage.
- We will reimburse the purchase price of the returned products (but not any delivery charges) no later than 28 days after the day we receive them back from You. We cannot return any taxes, duties or delivery charges if Your order was shipped outside the European Union. We may make a deduction from the reimbursement for any loss in the value of any products caused by You.
5.2 The above process reflects Your statutory cancellation rights if You live in the European Union. Nothing in this section affects Your statutory rights if the products are faulty or not as described.
5.3 Please note that the cancellation rights referred to in this section do not apply in the following circumstances:
- if the products are personalised or bespoke;
- if the products were sealed, and these have been unsealed after You receive them; or
- if You have not purchased Our products as a consumer.
In these circumstances, please contact email us at [email protected] to discuss Your options if You wish to cancel Your contract.
6. Modifications to Website
We reserve the right to alter, suspend or discontinue any aspect of Our Website or the content or available through it, including Your access to it. Unless stated otherwise, any new features including new content, and/or the sale of new products shall be subject to these Terms.
7. Your Personal Data
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password that may be given to You or selected by You for use on Our Website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding Our Website that comes to Your attention.
Please read Our Cookies Policy which contains important information about the use we make of cookies via Our Website and how we may log certain information about You.
10. Intellectual Property
10.1 Unless otherwise stated, Our Website is presented solely for Your personal and non-commercial use. Your use of Our Website grants no rights to You in relation to any intellectual property rights including, without limitation, trade marks, copyright, designs, logos, graphics, photographs, animations, videos and text belonging to us or the intellectual property of third parties in Our Website and its contents. You may use Our Website and its contents only as expressly authorised by us.
10.2 You may not copy, reproduce, republish, download, store, reproduce, republish, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way any part of Our Website or the computer codes of elements comprising Our Website other than for Your own personal and non-commercial use and any other use may only be undertaken with Our express prior consent.
11. Your Use of Our Website
11.1 You agree that in using Our Website You will not:
- use Our Website in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
- use Our Website in any way that interrupts, damages, impairs or renders the Website less efficient;
- use Our Website for any purpose other than Your personal use and in a lawful manner in accordance with applicable law;
- email, transmit or otherwise disseminate any content which is defamatory, obscene, in breach of copyright or other intellectual property rights, vulgar or indecent or may have the effect of being harassing; threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- advertise or promote third party or Your own products or services including by way of the distribution of ‘spam’ email;
- transfer files that contain viruses, trojans or other harmful programs; or
- access or attempt to access the accounts of other users or to penetrate or attempt to penetrate Our Website security measures.
11.2 We reserve the right to suspend, restrict or terminate Your access to Our Website at any time without notice at Our discretion.
11.3 You agree to indemnify us and to keep us indemnified on demand in relation to any claim for damages (including any legal fees in relation to such claim for damages) made by a third party in respect of any matter in relation to or arising from Your use of Our Website including any breach or suspected breach of these Terms or Your violation of any law or the rights of a third party.
11.4 We cannot give any assurances that Our products may be made available or used in any particular jurisdiction outside the UK under any applicable non-UK laws or regulations. You accept that if You are resident outside the UK, You must satisfy Yourself that You are lawfully able to purchase and use the products. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the products by persons in jurisdictions outside the UK.
12. Your Content
12.1 By submitting information, text, photos, graphics or other content to us via Our Website, You grant us the irrevocable, worldwide, perpetual right to use such content at Our own discretion including, without limitation, to edit, copy, reproduce, disclose, post and remove such content from Our Website, and on all the social media channels We use from time to time.
12.2 You confirm that You have the right to submit any content submitted to or posted by You on Our Website and have obtained all necessary licences, consents and/or approvals for Us to use the content as contemplated in these Terms.
13. Linking to Our Website
13.1 You may establish links to the Website provided You meet all of the following conditions:
- You link only to the home page of Our Website;
- You do not remove or obscure advertisements, the copyright notice or other notices on the Website;
- You give us notice of such link by emailing us at [email protected] and
- You immediately stop providing links to Our Website if we ask You to remove them.
13.2 We make no representations whatsoever about any other websites which You may access through Our Website or which may link to Our Website. These links are provided for Your ease of reference and convenience only. When You access any other website it is independent from us. We have no control over the content or availability of that website. In addition, a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. You agree that You will not involve us in any dispute between You and the third party website operator. Any concerns regarding any external link should be directed to the relevant website administrator or website operator.
14. Availability of Our Website
We will try to make Our Website available but cannot guarantee that Our Website will operate continuously or without interruptions or be error free or that defects will be corrected. We do not accept any liability for its unavailability. Access to Our Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond Our control.
15.1 We will not be liable, in contract, tort or otherwise for any of the following losses arising out of or in connection with these Terms: (i) direct or indirect loss of revenues, profits, contracts, business or anticipated savings; (ii) any direct or indirect loss of goodwill or reputation; or (iii) any special or indirect losses. If You are not a consumer, Our liability to You, whether in contract, tort (including negligence) or otherwise, arising out of or in connection with these Terms shall be limited in aggregate to a sum equivalent to the net payment to us from You for the product concerned or £10, whichever is the lower.
15.2 Nothing in these Terms excludes or limits Our liability for fraudulent misrepresentation or for death or personal injury resulting from Our negligence, or for any other liability that cannot be limited or excluded by law.
15.3 All content and services on Our Website are provided on an ‘as is’ and ‘as available’ basis. We do not make any representation or give any warranty (whether express or implied) in respect of Our Website or its content, including, without limitation, any advice given (on a personal or general basis) and statements made by advertisers on or via the Website, or in respect of any transaction that may be conducted on or through Our Website. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. Nothing in these Terms shall restrict Your statutory rights as a consumer under English law.
15.4. We do not accept liability for damage to Your computer system or loss of data that results from Your use of Our Website. We do not guarantee or warrant that any content available for downloading from Our Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks). You are responsible for ensuring that Your computer system meets the technical specifications necessary to use Our Website.
16.1 If You have a complaint about Our Website or Your experience in purchasing Our products, please email us at [email protected]
16.3 If any provision of these Terms is found by a court or regulator to be illegal, unlawful, invalid or unenforceable the other provisions shall continue to apply.
16.4 If there is a dispute between You and Us concerning these Terms, English law will apply. If You are a consumer resident in the UK and You wish to bring court proceedings against Us, You must do so within the United Kingdom. If You are buying Our products from anywhere outside the UK this does not deprive You of the protection afforded to You by virtue of local laws in that territory.
16.5 Causes beyond Control
Neither You nor We will be responsible for any failure or delay in performing any obligation to the other due to causes beyond Your or Our control. We will take reasonable steps to prevent or minimise any delay. We will notify You if there is a risk of substantial delay and give You the right to cancel Your order.
16.6 No Waiver
If You breach these Terms and we take no action against You, we will still be entitled to use Our rights and remedies in any other situation where You breach these Terms.
16.7 Our Relationship
These Terms govern Our relationship and We intend to rely on them and the details set out in any order You place. If You require any changes, please ask Us to put them in writing to avoid misunderstandings between us.