Terms & Conditions
TERMS AND CONDITIONS OF SALE OF
1.1 "Buyer" means the individual, company or organisation that purchases or agrees to purchase the Goods from the Seller;
1.2 "Consumer" shall have the meaning as ascribed in the Unfair Contract Terms Act 1977 and Unfair terms in consumer Contracts Regulations 1999.
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporated within these Terms and Conditions;
1.4 "Goods" means the products that the "Buyer" agrees to buy from the "Seller";
1.5 "Seller" means www.snor-ring.com;
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the "Seller";
1.7 "Website" means www.snor-ring.com.
2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer
Unless the purchaser is an organisation or company.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer. Any variation of these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
3.1 All or any individual orders for Goods are deemed to be an offer by the Buyer to purchase Goods in accordance with these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason except for any circumstances prevailing within the terms of the competition Act 1998.
3.2 Goods ordered by the Buyer which are not available from stock the Buyer shall be notified and given the option to either to back order the Goods until available from stock or cancel the order and receive a full refund within 30 days.
3.3 When placing an order via the Website, the Buyer needs to complete the order process by adding a product to the basket, clicking "add to basket" and following the on screen instructions to proceed through to the checkout pages, supplying the appropriate details along the way. A confirmation e-mail will be sent to the customer of the order.
3.4 All new orders are deemed separate and each is treated individually.
4. PRICE AND PAYMENT –
4.1 a) The price of the Goods shall be that stipulated on the Website unless flagged by a promotional offer authorised by Snor-rinG. The price quoted is in UK £ sterling; US $; or Euro is inclusive of the prevailing rate of VAT (except export sales outside EU). The price includes delivery charges which can be seen automatically in the basket area of the website before you submit your credit card details based on the delivery address you specify.
4.1 b) The total purchase price, including VAT and delivery charges, will be displayed in the Buyer's shopping cart prior to confirming the order. If we discover an error in pricing the products in your order we will inform you as soon as possible using the contact details you supply us. We will then give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order in these circumstances as cancelled. If any order is cancelled then any payment made for goods/products will be refunded in full.
4.1 c) After the order is received the Seller shall confirm by e-mail the details, description and price for the Goods together with consumer cancellation rights where appropriate.
4.2 a)In the case of consumer sales, payment of the price including VAT and delivery charges must be made in full before dispatch of the Goods.
4.2 b) Non EU customers are responsible for Import Duty/Tax in their respective countries. Please consult your local customs offices for more information.
NON CONSUMER SALES – ADDITIONAL TERMS
4.3 a) In the case of other non consumer sales, payment of the price plus VAT and delivery charges shall be due within 30 days of receipt of the invoice supplied by the Seller subject to an agreed/approved credit account being in place prior to use of this website.
4.3 b) Interest on non consumer sales where payment is overdue, invoiced amounts shall accrue interest from the date when payment becomes due from day to day until the date of payment at a rate of 2.5% above the base rate of the Bank of England from time to time in force or interest and late payment penalties accrue pursuant to Late payment legislation prevailing.
4.3 c) Goods/products correctly supplied by an order placed on our website that are returned will be subject to a 15% + VAT restocking charge – non consumer sales only
5. RIGHTS OF THE SELLER
5.1 The Seller reserves the right to update the prices on the website, which cannot be guaranteed for any period of time. The Seller will ensure prices are correct at the point at which the Buyer places an order.
5.2 The Seller reserves the right to withdraw any goods from the Website at any time; and The Seller shall not be liable to anyone including third parties for withdrawal of any goods from the Website or for refusing to process an order The Seller may cancel any sale and not supply products if it is reasonable to do so and may change the specification or discontinue the availability of products at any time at its sole discretion. This does not affect your statutory rights.
6. AGE OF CONSENT
6.1 Where goods may only be purchased by persons of 16 or over the Buyer may be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness or purpose, suitability, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded and the buyer is to satisfy him/herself as to the suitability of the Goods for the Buyer's purpose.
8.1 Goods supplied within the UK/Eire will normally be delivered within 28 working days of acceptance of order, by Royal mail 1st class, or International Signed For" for overseas orders. Non consumer orders will be prior agreed carriers.
8.2 Deliveries by Royal Mail in UK usually arrive within 1-3 days. Royal Mail states that only if items are still undelivered after 15 working days can they be officially declared as lost, and a compensation claim against Royal mail be commenced. EU deliveries by International Signed For should arrive within 7 working days and outside EU within 10 working days – non deliveries must notified in writing and we will track the delivery. If the parcel / order tracking indicates arrival in your country then you must request your local post office for further information.
8.3 Delivery outside the EU may be subject to local import taxes, which are your responsibility where they apply. If so the shipping company should advise you of the charges or contact your local customs office. This website and FVL Ltd are not responsible for any of these charges
9. FORCE MAJURE
9.1Where a specific delivery date has been agreed, and this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
9.2 The Seller shall use reasonable endeavour to meet any date agreed for delivery. In any event the time of delivery shall not be of the essence of the contract and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly from of any failure of estimated delivery date.
9.3 Delivery of Goods shall be made to the Buyer's address specified in the order and the Buyer shall be liable to take delivery of the Goods whenever they are tendered for delivery.
9.4 Title in the Goods shall not pass to the Buyer upon delivery of the Goods; title will only pass when goods for delivery are paid for in full to the invoice or order value.
9.5 The Seller shall not be liable for any delay or failure to perform any of it's obligations if the delay or failure results from events or circumstances outside it's reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of it's obligations.
10. CANCELLATION AND RETURN
10.1 The Buyer shall inspect the goods immediately upon receipt and shall notify the Seller by e-mail (firstname.lastname@example.org) within 7 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
10.2 Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller by insured registered mail. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective. Returns not returned by insured registered mail that are undelivered to the Seller then the Seller will not be responsible to the Buyer for any compensation howsoever arising.
10.3 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a full refund by informing the Seller by e-mail (email@example.com.) within 7 working days of receipt of the Goods. The right to cancel does not apply to contracts for the supply of goods outside UK.
10.4 Goods must be returned by the Buyer at the Buyers expense and should be adequately insured during the return journey. The Buyer will receive a full refund of Goods charges (including delivery charges, if any) except for return postal charges within 30 days of cancellation. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
10.5 Goods to be returned must clearly show the Sellers order number on the package.
10.6 Returned goods found on inspection to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.
10.7 Any Goods the buyer receives that are found to have a manufacturing defect within 7 days then following receipt of the goods a replacement will be sent immediately. Buyers returning goods under this clause should note clause 10.4 above.
10.8 Any buyer who finds they have ordered an incorrect sized ring may return it for replacement however the website and Snor-rinG reserve the right to charges for return postage. Buyers should note clause 10.4 above.
11. LIMITATION OF LIABILITY
11.1 Except where may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any direct, indirect, incidental or consequential loss or damage whatever to the buyer or any third party.
11.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller's agents or employees.
11.3 Because of the nature of the Internet this website provides and maintains www.snor-ring.com on as “as is”, “as available” basis and makes no promise that use of this website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
11.4 Our website may contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
11.5 The availability, quality, content or nature of the other sites on the Internet that are owned and operated by third parties (2External Sites”) to which www.snor-ring.com link and websites located on or through any External Site nor for any transaction involving External Sites (including cookies, personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those External sites if you have any concerns without limitation regarding such links, website contents or transactions.
11.6 We are not responsible for any loss or damage resulting from your use or the inability to use the www.snor-ring.com website or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control.
11.7 We are not responsible for any loss of profit, wasted expenditure, corruption, or destruction of data or any other loss which does not directly result from something we have done wrong.
11.8 We are not liable to you for any amount or kind of loss or damage due to viruses or other malicious software that may infect a users computer equipment, software, data or other property caused by persons accessing, using or downloading www.snor-ring.com, or from transmissions via e mails or attachments received from www.snor-ring.com or its licensees, licensors and affiliates.
11.9 You will be responsible for any breach of these terms by you and if you use www.snor-ring.com in breach of these terms you will be liable to and will reimburse the site owners, intellectual/ copyright owners and www.snor-ring.com for any loss or damage caused as a result.
11.10 www.snor-ring.com will not be liable for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communication outages, fir flood, war or act of God.
11.11 Please read the instructions, manuals and other documentation that comes with your products carefully. You are urged to use all products safely and in accordance with the manufacturer’s guidelines.
12. WAIVER AND SEVERANCE
12.1 No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12.2 Should any term or provision of these Terms and Conditions be held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13. CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to revise these Terms and Conditions at any time without prior notice, but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
14. COPYRIGHT / INTELLECTUAL PROPERTY
14.1 www.snor-ring.com does not give you any right or interest in any copyright or intellectual property rights in any product design, patent, trade mark, artwork design nor the right to copy them.
14.2 Copyright extends to the design, look and feel of www.snor-ring.com, all photographs contained thereon and its marketing materials.
14.3 You may use www.snor-ring.com for private and personal non commercial use only ie to view, copy and print portions of www.snor-ring.com for the sole purpose of placing orders. The materials and get up of www.snor-ring.com may not be used for any other purpose.
14.4 Snor-rinG, www.snor-ring.com, Stimubloc, and our logos are all registered or unregistered trade mark rights of Snor-ring Ltd and are used on this website with permission and may not be used by anyone else without written permission of Snor-ring Ltd.
14.5 However, www.snor-ring.com does not make any warranty or representation in respect of any other trade mark and the trade marks of any other brands that may feature on www.snor-ring.com belong to their respective owners.
15. GOVERNING LAW AND JURISDICTION
These Terms and conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
16. PRIVACY AND DATA POLICY
16.1 www.snor-ring.com makes a commitment to protecting your privacy and promises only to use information collected about you in accordance with the Data Protection Act 1998.
16.2 When you place an order, you will be asked for certain information and you will submit personal data to www.snor-ring.com, for example name, telephone number, postal address, email address, contact and bank account/ credit or debit card details. This information will be kept securely in accordance with our internal security policy, and may be used to Process your order, Help fraud prevention, Promotional Offers, Open and Run your account etc.
16.3 By Making an order and submitting your data you agree to this use.
16.4 Marketing Communications – If you are a new customer we will give you the choice (for example once you have placed an order) whether or not you want us or other reputable companies to contact you about future offers, events, and new products or related activities that you may find useful. We will not pass on your information to third parties unless you give us your consent, or unless we already have it. Where requested please therefore check the relevant box.