Toby Willsmer trading as Smacked.co.uk
Legal Disclaimer and Terms of Use for This Web Site :
PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS INTERNET SITE. BY USING THIS SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THIS SITE.
Important - this is a legal agreement between Smacked.co.uk and you, the customer of Smacked.co.uk
Please read the following terms carefully before using this Web site or before
placing your order for goods with Smacked.co.uk
By using this Web site or by placing an order you agree to these terms. If
you do not agree to these terms, you may not access or otherwise use this
Web site. From time to time, Smacked.co.uk may modify this agreement. Accordingly,
please continue to review this agreement whenever accessing or using the Web
site or before placing an order.
Governing Law and Contract Formation
No contract will subsist between you and Smacked.co.uk unless and until Smacked.co.uk accepts your order by e-mail or in writing confirming that it has dispatched your goods ordered ("Goods"). That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Smacked.co.uk sends the e-mail to you (whether or not you receive that e-mail) or otherwise when the written confirmation is posted to you. For the avoidance of doubt, any such contract between you and Smacked.co.uk will be deemed to have been concluded in England and Wales. Further, any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of England and Wales, and you and Smacked.co.uk irrevocably submit to the non-exclusive jurisdiction of the English Courts.
1. Purchasing Products from this Web site :
1.1 Any contract for the purchase of goods on this Web site shall be concluded
between you and Smacked.co.uk
1.2 The Shopping Basket can be viewed at any time and does not commit you to ordering.
1.3 For help or if you need any further information please email our customer services team (support@Smacked.co.uk.com)) with your query.
1.4 When you choose to go from the shopping basket to the Check Out page you
will be diverted to Secure and trusted Paypal payment method. We DO NT keep
any personal details or payment information .Please note that your order is
not processed until you complete your details and press the 'Complete Order'
Button at the bottom of the checkout page. Until then you have the option
to amend or to Cancel your order.
1.6 If you have any concerns about payment security please refer to www.paypal.com
1.7 What Credit Cards do we Accept?
We accept all major credit cards
1.8 Delivery Charges
Delivery charges vary per item and shipping destination. You can find out
our current delivery charges by visiting the Shipping & Delivery sections
of this Web site. Delivery charges are itemised separately in your Paypal
shopping basket and are included in the total value of your Paypal shopping
basket.
1.9 VAT Policy
All prices shown are inclusive of VAT at the current rate applicable in the United Kingdom.
1.10 Ownership of Goods
Ownership of goods does not pass to you or any other person until the goods are paid for in full.
1.11 Delivery:
For most orders you should normally receive the goods within 7-14 days. We make every effort to deliver goods within the estimated time, however delays are occasionally inevitable, and we will not be liable for any loss caused to you by late delivery. If the rare circumstance arises whereby we are unable to deliver within our usual delivery time, and cannot agree another time with you, you will be offered the opportunity to cancel your order and get a full refund. In no event will delivery of the goods take longer than 30 days.
1.12 Returns & Cancellation:
We believe that you will be 100% satisfied with the Goods ordered, but occasionally you may need to return an item. Our returns and cancellation policy is as follows:
1.12.1 Where you are a consumer under the United Kingdom's Consumer Protection
(Distance Selling) Regulations 2000, you have the right to cancel the contract
for the purchase of any item within seven working days of delivery. This applies
to all goods sold on this Web site. However, in line with our guarantee given
on this Web site, in addition to this right, if you are not fully satisfied
with any item you order from us, then you may return it within 14 days of
receipt for a full refund or to exchange it for alternative Goods of a similar
value.
1.12.2 To cancel this contract, please contact us by e-mail before returning any Goods, so we can give you a specific returns number. Once you receive this from us, fill out the proof of delivery form that accompanies your Goods, giving the reason for the return as "Contract cancellation". Please package the relevant Goods securely and return them to us with the delivery slip so that we receive them within seven working days of the date that the Goods were delivered to you.
1.12.3 Please note that you will be responsible for the cost of returning the Goods to us unless we delivered the Goods to you in error or the Goods are faulty. If we do not receive the Goods back from you with the proof of delivery form, we may arrange for collection of the Goods from your residence at your cost. You will be responsible for the Goods until they reach us, and we suggest you use a secure delivery method (which requires a signature upon delivery).
1.12.4 Refunds are made within a week of an order being cancelled and the Goods having been returned to us along with the original receipt.
2. Copyright and Intellectual Property (including Intellectual Property in the Goods sold) :
2.1 Smacked.co.uk either owns or is licensed to use the copyright in the
data, table, graphic, editorial or other content of its Web site pages and
in the data appearing on its Web sites unless another copyright holder is
credited on the relevant Web site page.
2.2 We appreciate that our material may help to back-up your own research
or to augment your organisation's promotional activities. You may NOT use
the owned material on this Web site for non-commercial use.
2.3 All goodwill associated with your use of Smacked.co.uk trade names or
marks shall inure solely to the benefit of Smacked.co.uk and you shall not
assert any claim or ownership to any trade names or marks or to the goodwill
or reputation thereof. All other trade marks, brand names, products and company
names all of which are cited on this Web site are the trade marks and/or property
of their respective owners.
2.4 If you are unsure of the legality of your re-use of material published
on Web sites owned or managed by Smacked.co.uk you should contact Smacked.co.uk
2.5 Smacked.co.uk relies on representations and undertakings made by its suppliers
that no third party intellectual property rights (including moral rights)
in and to the Goods sold on this Web site will be infringed by the sale by
Smacked.co.uk of the Goods to you the customer anywhere in the world. Smacked.co.uk
gives no representation, warranty nor undertaking that the sale of the Goods
on this Web site does not breach third party intellectual property rights.
Smacked.co.uk disclaims, to the fullest extent permitted under law, any loss,
liability, cost or expense which you may suffer arising out of or from any
such breach of third party intellectual property rights.
3. User Responsibility :
3.1 You may not transmit any unlawful, threatening, abusive, libelous, defamatory,
obscene, pornographic, profane or otherwise objectionable material or information
of any kind including but not limited to transmission constituting or encouraging
conduct which would constitute a criminal offence, give rise to civil liability
or otherwise violate any national or international law.
3.2 You may not transmit any information, software, e-mail or attachment which contains in full or in part any Virus, Worm, Trojan Horse or other harmful component.
3.3 You may not restrict or inhibit use of the Web sites by any other individual
or organisation.
3.4 You may not post, publish, transmit, distribute or otherwise exploit any
software information or material obtained through the Web site other than
for the purposes expressly permitted.
3.5 All individual articles, reports and other elements making up the Web
site may be copyright works or protected by database rights. You agree to
abide by all additional copyright and database right notices or restrictions
contained on the Web site.
3.6 You agree to notify Smacked.co.uk in writing promptly upon becoming aware
of any unauthorised access to or use of the Web site by any party.
3.7 Other than the licences granted to you under this agreement, you may not
copy, reproduce, recompile, de compile, disassemble, reverse-engineer, distribute,
publish, display, perform, modify, upload to create derivative works from,
transmit, communicate or in any other way exploit any part of the Web site
and/or the Webster's material.
3.8 The Web site and all the information contained therein may not be used
to construct a database of any kind nor may the Web site be stored in its
entirety or in any part in databases for access by you or any third party
or to distribute any database web sites containing all or part of the Web
site.
3.9 You agree to indemnify, defend and hold harmless Smacked.co.uk from and
against any claims, actions, demands or other proceedings brought against
Smacked.co.uk by a third party to the extent that such claim, suit, action
or other proceedings is based on or arises in connection with your use of
the Web site and any breach by you of this agreement. This section survives
termination of this agreement for any such reason.
3.10 You accept that Smacked.co.uk has the right to change the material, or
information of any aspect of the Web site at any time at its sole discretion.
You further accept that such changes may result in your being unable to access
the Web site. Smacked.co.uk may suspend the Web site from time to time to
carry out maintenance and to make upgrades.
4. Hyperlinks :
4.1 Our hyperlinks:
The Web site may include links to third party web sites. Such hyperlinks are
included to ease the user's path through the Internet. Their inclusion cannot
be taken to imply any endorsement or validation by Smacked.co.uk of the content
of the web site referred to. Hyperlinks can become out-of-date and cease to
work or they can direct users to a web site page whose contents or use have
been changed by its owner. Smacked.co.uk has no control over, and can therefore
accept no responsibility or liability for any losses or penalties that may
be incurred or for the accuracy of hyperlinks to third party web sites, or
the content of such third party web sites.
4.2 Your hyperlinks:
You may provide hyperlinks to the Web site and pages owned and/or managed
by Smacked.co.uk with prior written consent from Smacked.co.uk Such hyperlinks
may only direct users to the home page of the relevant web site, and must
display the relevant page in the same form as this Web site, without amendment
or framing.
5. Disclaimer :
5.1 The material and information published on this Web site are provided
on an "as is" basis without warranty of any kind, either expressed or implied.
To the fullest extent permissible at law Smacked.co.uk shall not be liable
for damages arising out of or in connection with the use of this Web site
or the information, content, materials or products included on this Web site
and Smacked.co.uk hereby confirms that to the fullest extent permissible at
law it does not give any warranty relating to the use of the Web site or the
products advertised thereon including, without limitation, warranties of merchantability
and fitness for a particular purpose. Price and availability information is
subject to change without notice.
5.2 Smacked.co.uk does not guarantee the accuracy or integrity of the material
or information nor its suitability for any particular purpose. To the extent
permitted by law, Smacked.co.uk excludes any liability whether in contract,
tort (negligence) or otherwise for any incorrect or misleading information
on the Web site.
5.3 Errors can occur and Smacked.co.uk offer no assurance that they will be corrected. No liability will be accepted in respect of service interruptions, nor in the event of any Viruses, Worms, Trojan Horses and other harmful components being present in or transmitted by Smacked.co.uk systems and networks.
5.4 Smacked.co.uk does not accept any liability for any loss of data or software,
revenue, business, profits cost or expense, or any direct, indirect, incidental
or consequential loss or damage arising out of or in connection with the use
of, or the lack of availability of the Web site or its content and/or in connection
with any permission, right or licence to use the material given under clause
2.2 or otherwise.
5.5 The limitation of liability provided for under these terms is a comprehensive
limitation of liability that applies to all damages of any kind, including
(without limitation) compensatory, direct, indirect or consequential damages,
loss of data, income or profit, loss of or damage to property and claims of
third parties. Subject to Clause 5.6, in the event that Smacked.co.uk is held
liable, the total liability of (whether in contract, tort, negligence or otherwise)
in respect of any loss or damage arising out of or in connection with the
Web site shall be limited to £100 for any one incident or series of incidents.
This clause does not affect your statutory rights as a consumer. This section
survives termination of this agreement for any reason.
5.6 Nothing in this clause 5 shall exclude “Smacked.co.uk” liability to you for fraudulent misrepresentation by or the death or personal injury resulting from its negligence or that of its employees.
6. General provisions :
6.1 No waiver by Smacked.co.uk of any breach of any obligation arising under this agreement shall constitute a waiver of any other breach and no failure to exercise or the partial exercise by Smacked.co.uk of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
6.2 If any provision of this agreement is held by a court of competent jurisdiction to be invalid unlawful or unenforceable for any reason then such part will be severed from the remainder of this agreement, which will continue to be valid and enforceable to the fullest extent permitted by law.
6.3 This agreement constitutes the entire agreement between Smacked.co.uk and you. All prior agreements understandings and negotiations and representations (save for fraudulent misrepresentation) whether oral or in writing are cancelled in their entirety. The terms of any other electronic communications will not form part of this agreement.
6.4 This agreement is governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.