- Terms and Conditions of Sale
Terms and Conditions of Sale
Terms and Conditions of Sale
Welcome to Spot On Sundials! We trust that we will be able to fulfil your order and handle your business in a timely and satisfactory manner.
This site is owned by Spot On Sundials. These terms and conditions apply to the use of this Website and the terms by which we supply the products on this website. By using the site and/or ordering products, you signify that you have read, understand and agree to be bound by the terms and conditions. You can print a copy of these terms and conditions by clicking on the print icon on your browser.
These Terms and Conditions of Sale shall apply to all sales of products by us via the site and shall supersede any other terms and conditions contained or referred to elsewhere or implied by trade, custom, practice or course of dealing unless specifically agreed to in writing by us.
If you have any questions relating to these terms and conditions please contact our Customer Service Representative by e-mail on firstname.lastname@example.org or by phone Monday to Friday 09:00 – 17:30 GMT.
Terms explained: “Conditions” means these terms and conditions and the Special Conditions; “Product or Goods” means a product/item/goods displayed for sale on the Website; “Product Description” means that part of a Website where certain terms and conditions in respect of the individual Product are provided; “Special Conditions” means the terms and conditions in the Product Description; “User” means users of the Website collectively: “Personal Information” means the details provided by you on registration and use. “Contract” means you placing an order with us for product/ goods/services and abeyance to the terms and conditions herein; “We/us” means Spot On Sundials; “Website” means the Website located at www.spoton-sundials.com or any subsequent URL which may replace it; “Cookies” means small text files which our Website places on your computer`s hard drive to store information about your shopping session and to identify your computer. “United Kingdom” means England, Wales, Scotland, Northern Ireland and the Channel Islands and “You” means the user of this Website.
Use of the Website
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
You may not use the Site in any improper or unlawful manner or in breach of any legislation or licence that applied to you. You agree to comply with all reasonable instructions that we may give you from time to time regarding use of the Site.
Registration and Use
In using this Website you warrant that:
• The Personal Information which you are required to provide when you register or use this Website as a customer is true, accurate, current and complete in all respects.
• You will notify us immediately of any changes to the Personal Information by contacting our Customer Service Representatives by e-mail at email@example.com or by calling us Monday to Friday 0900 – 1730 GMT.
You must be clear that you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
All orders can be placed online through the Website and are subject to our Order acceptance policy as detailed below: Order acceptance and the completion of the Contract between you and us will take place on the despatch of the Products/Goods ordered to you unless we have notified you that we will not accept your order or you have cancelled it in accordance with the instructions. Non-acceptance of an order may be a result of one of the following;
•The product you ordered being unavailable from stock
• Our inability to obtain authorisation for your payment
• The identification of a pricing or product description error
• You not meeting the eligibility to order criteria set out in the main Terms and Conditions
If there are any problems with your order, you will be contacted by one of our Customer Services Representatives.
The sales contract is therefore completed in England. We reserve the rights to reject any offer to purchase by you at any time.
We take all reasonable care, in our power, to keep the details of your order and payment secure. However 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 the Website.
The website will at times run certain promotions throughout the year. When there is a site wide discount offer available on the website this applies to all products unless otherwise noted.
Contract Creation and Electronic Contracting
The technical steps that are required to create the contract between you and us are as follows:
• You place the order for your products on the Website by pressing the 'confirm order' button at the end of the check-out process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
• We will send you an order acknowledgement email detailing the products you have ordered. (This is subject to clearance within security checks).
• As your order is shipped from warehouse a despatch confirmation email may be produced and sent to you.
• Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products/Goods ordered unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions Order/Contract Cancellation.
Please note that if you require specific contract/order information on orders you have placed, please write to our Head Office (same address as given).
Methods of Payment
Online you can pay either by:
- American Express
- Bank Transfer
- Other methods as agreed
It is imperative that you provide the cardholder name and expiry date as it is shown on the card, and the address exactly as it appears on your card statement. Card fraud is illegal and perpetrators will be subject to prosecution.
You will be charged at point of order.
Order / Contract Cancellation
Please note that you are entitled to cancel this contract if you so wish provided that you do so before the goods have been despatched. If your order has already been despatched, you will need to follow the returns process.
Cancellations are only valid if they are within compliance to the Consumer Protection Regulations 2000. These must be made in writing (email accepted – firstname.lastname@example.org ) to Spot On Sundials and addressed to Order Cancellations Department at our Head Office (address as given),
You must provide the following details:
• Customer name
• Order number
• Date of the order
On occasions, due to our processing methods, we may have despatched your order to you at the time of your cancellation. In this case, please see the returns process.
Description of Products / Goods
Each product is sold subject to its Product Description which set out additional Specific Conditions relating to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.
We take all reasonable care to ensure that all details on product or goods descriptions, sizes, weights and measurements within the contents are fair and accurate. However this may not always be reflected at the position exactly when you place an order. We cannot confirm the price of the Product until your order is accepted in accordance with our Order Acceptance Policy (colours, packaging and product/goods specification may vary according to manufacturing changes, tolerances, variability and availability. Spot On Sundials accepts no responsibility or liability for errors or omissions).
Delivery times are generally shown on the individual product pages or in the checkout process. We normally dispatch by Royal Mail or Courier, which deliver Monday through Saturday during normal business hours.
The delivery lead-time to mainline UK address will vary according to the item ordered. All goods ordered are offered strictly subject to availability. Although spoton-sundials.com seeks to despatch all items/products/goods within 1-2 working days, or as shown in the product description, please allow up to 28 days for delivery. Some items/products may be subject to longer lead-times if they are made to order (such as personalized sundials). You will be advised of this either by email of a telephone call by one of our Customer Service Representatives if there are delays.
You will be advised of any undue delays in despatch of your Product/Goods by our Customer Services Representatives or alternatively you may call our Customer Services Department Monday to Friday 09:00 – 17:30 GMT, to enquire about your order.
We deliver to all postal areas in the UK, including England, Wales, Scotland, Northern Ireland and the Channel Islands, as well as Ireland and Worldwide.
We reserve the right not to deliver orders if we believe the address is not secure, for example, a communal postal address or PO Box. If this affects your order we will notify you as soon as possible.
Delivery to address on islands or in remote areas of the UK mainland may take longer than our usual delivery times. For more information please call. The carriage charges to these areas may also attract additional carriage charges please call our Customer Services Representatives.
We deliver Monday to Saturday 09:00 – 17:30 GMT. We realise that occasionally we may try to deliver an order and you (or the intended recipient) may not be available. The order may be left at your address by the courier or Royal Mail, or a card left confirming that we have tried to deliver. If a card is left it will contain a contact number so you may be able to speak to the couriers and agree a convenient delivery time or you may arrange to collect the order directly from their depot.
If the delivery is returned to our warehouse and you will be charged for the delivery. You will also be charged for any further subsequent delivery.
Damages / Shortages
All deliveries are made with an itemised Delivery Note. Spot On Sundials must be notified of any damage or shortage within 48 hours of receipt of delivery. This can be done by either email to email@example.com or telephone Monday to Friday 09:00 – 17:30 GMT (please note that all calls to our Customer Representatives will be charged at local rate and may be recorded for quality monitoring and training purposes). This must be confirmed in writing within 3 working days of the receipt of goods. Notification concerning non-delivery of all or part of a consignment must be made within 48 hours from the invoice date otherwise no claim can be entertained. You are advised to contact our Customer Services Representatives for advice on procedure (all calls will be charged at a local rate and calls made be monitored for training purposes). Spot On Sundials reserves the right to repair or replace any damaged items, or issue a refund.
On no account should you attempt to return any product/goods without following terms and conditions outlined by the company at the time.
When signing for a delivery you are accepting that the correct number of parcels have arrived, are correct, and are un-damaged. Please take care to check the delivery details of the products being presented to you by the courier. It is not sufficient to sign the delivery UNCHECKED, if the parcels are damaged or items are missing.
If parcels are damaged or items are missing you should either refuse the delivery completely or sign for the parcels as being DAMAGED. If the number of parcels do not match or correspond to the consignment note, this must be stated as SHORT DELIVERY.
It is your responsibility to ensure that the actions above are followed BEFORE SIGNING. Mistakes cannot be rectified once the delivery has been signed for.
Guarantees / Refunds / Refund Liability
All Product/Goods are covered by manufacturer’s specific warranties and are subject to appropriate use and maintenance therein. In addition Spot On Sundials shall replace or repair any item(s) purchased through the Website, where it sees appropriate. With regards the extent of refund liability at no time will Spot On Sundials be liable for any costs in excess of the original purchase price of the Product/Goods. With reference to guarantees and refunds, all equipment or product is covered by the manufacturer’s, which is six months. Spot On Sundials undertakes to replace, repair or exchange any items that are returned under the terms of the manufacturer’s warranty.
In all cases you must contact firstname.lastname@example.org or call before returning any item/product and also obtain a Returns Number and where applicable a Returns Form. All returns must be made within 30 days in a new and unused condition and with original labels and original packaging intact. The items must be free from use or damage. We strongly advise you to use a recorded/insured delivery service (these will provide proof of posting certificates) as Spot On Sundials cannot be held responsible for goods lost or damaged in transit. When returning goods for refund you agree to accept the delivery charge. Exchanged goods may also attract carriage charges to be borne by you. Please note this does not affect your Statutory Rights.
Items that you order with personalization may not be returned.
If you refuse delivery of a shipment without authorization and the Goods are returned to Spot On Sundials, your purchase will be refunded less any shipping and handling costs incurred by Spot On Sundials and courier companies.
Exclusion of Liability
While we use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy.
On product or goods descriptions, Spot On Sundials endeavours to ensure that product and goods descriptions, sizes, weights and measurements within the contents are fair and accurate. However Spot On Sundials reserves the right, without any prior notice to discontinue, change specification and designs without incurring any obligations to the user. Colours, packaging and product/goods specification may vary according to manufacturing changes, tolerances, variability and availability. Spot On Sundials accepts no responsibility or liability for errors or omissions.
The use of this Website is at your own risk. We shall not be liable to any person for any loss or damage that may arise from the use of any of the information contained in any Content on our Website.
Nothing in these terms and conditions of use shall exclude our liability for death or personal injury resulting from our negligence or any other liability that we are prohibited from excluding by law.
Subject to the preceding paragraph:
• The Content is provided on an “as is “ basis. We shall not be liable for any damage, loss or for any costs, claims or demands of any nature whether arising out of tort (including negligence), contract or otherwise brought against you by any party arising directly or indirectly in connection with the use, inability to use, or performance of, our Website and all other conditions, warranties and other terms, whether express or implied by law or otherwise to the contrary are hereby excluded to the maximum extent permitted by law;
• In no event shall we be liable either in contract, tort, negligence, statutory duty or otherwise for any loss of profits, revenue, goodwill or any type of consequential loss, indirect, special, exemplary or punitive loss or damage whatever arising from or in any way connected with the use, inability to use, or performance of, our Website, even if we have been specifically advised of the possibility of such loss or damage; and
• Except in relation to such liability as has been expressly excluded in the preceding paragraphs, our maximum aggregate liability in contract, tort, negligence, statutory duty or otherwise for any loss or damage whatever arising from in any way connected with (I) any performance or non-performance by us of any obligation assumed by us under this Website, these terms and conditions or otherwise; or (ii) any liability not excluded by these terms and conditions, shall in respect of any or more events or series of events (whether connected or unconnected) taking place within any 12 month period will be limited to the amount of goods you have purchased from us in the prior 12 months. This limit shall also apply if any exclusion or other provision contained in these terms and conditions is held to be invalid for any reason and we become liable for loss or damage that could otherwise have been limited.
Despite and although taking reasonable steps to prevent the introduction of viruses, we do not warrant that any information or Content accessible via our Website is free from viruses, Trojan horses or other harmful matter, nor that our Website will be error free.
We make no warranty that the Website will, meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
Your Liability To Us
You may be liable for reasonable losses within the contemplation of the parties at the time that the contract was entered into.
As a user of this Website, you agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
We reserve the right to:
* Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website;
* Change the Conditions from time to time, and your continued use of the Website (or part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using our/this Website.
Third Party Links
To improve the value to our Users, we may provide links to other Websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked Websites we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other material or services on or available from such websites or resources or (iii) the use to which others make these websites or resources, nor for any loss, damage or offence caused or alleged to have caused by, or in connection with, the use of or reliance on any such advertising, content, product goods or other materials or services available on such websites or resources.
Spot On Sundials excludes all liability for any illegality arising from error, omission or inaccuracy in material created and submitted content by third parties. These third party Websites are not within the responsibility, liability, control or influence by us.
Spot On Sundials takes the security of our Website very seriously. We realise how important it is to securely store any information that you provide. Spot On Sundials uses secure server software (SSL) to ensure that your credit card will be protected against fraudulent use while on our Website. This SSL uses encryption on all your Personal Information to prevent anyone but the intended recipient from viewing or manipulating your information. The servers that we collect and store information are kept in a secure environment. You can tell whether a page is secure as `https` will replace the `http` at the front of the www.spoton-sundials.com in your browser address window. A small locked padlock will also appear in the bottom bar of your browser window.
The design of our Website, including its text, graphics, icons Content, structure, selection and arrangement are owned by Spot On Sundials (copyright 2014) and all of the rights are reserved. The Content, copyright, trademarks, icons of all partners using this site are owned by their respective owners, who reserve all of their rights respective thereof.
You must not and you must not permit anyone else to either copy, download, store, modify, adapt, transmit, distribute, perform, play or show in public, broadcast, publish or otherwise use any part of the Content on our site without prior written agreement by the relevant owner in question.
Price and availability information is subject to change without notice.
Spot On Sundials are trade and service marks of Spot On Sundials. All rights in these trade and service marks are reserved. Our Website also contains trade and service marks belonging to third parties.
You may not use or reproduce any trade or service marks appearing on our site for any purposes without the prior agreement of the relevant owner. Unless stated otherwise the contents of all the pages in this Website are owned or licensed to Spot On Sundials or are to be used only with the expressed written permission of the owner.
Intellectual Property and Right To Use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all time vested in us or our licensors. You are permitted to use this material only as expressly authorised by us, or our acting licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto one computer hard drive for such purpose. Any other use of the material and content of the Website is prohibited. You agree not to (and agree not to assist or facilitate any third party to ) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Limitation of Liability
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/Goods.
This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentation) or otherwise out of or in connection with the Conditions for:
• Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• Any loss of goodwill or reputation; or
• Any special or indirect losses, suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any proceedings or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions govern our relationship with you. Any changes to these Conditions must be made in writing and signed by both parties. In this way, we can avoid any problems surrounding what Spot On Sundials and you are expected to do.
You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made in term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and Conditions.
Compliance with Laws and Jurisdiction
The Website is controlled and created by Spot On Sundials, operating under the laws of England and Wales. The website may only be used for lawful purpose and in lawful manner. You agree to comply with all the applicable laws, statutes and regulations regarding the Website and any transaction conducted on or through it. These rules shall be governed by, and construed in accordance with, English law, without giving effect to any principals of conflict of laws.
We value you using our Website and you will find that Spot On Sundials endeavours to meet the needs of its users. We welcome any feedback on our products or service. Should you not be entirely happy with either of these please call our Customer Services Department between 09:30 – 17:30 GMT, Monday – Friday, or alternatively email us at email@example.com.