Terms and Conditions
By accessing this website you agree to these terms and conditions (the"Terms"). If you do not agree to them you may not use this website and should leave it immediately.We have taken great care to ensure that the Items on our website are presented as accurately as possible. However colour clarity will depend upon your own personal monitor and we therefore cannot guarantee that the colour of the actual Item is absolutely accurate. Before placing an order please read through these Terms.
To be eligible to purchase Items on this Website you must warrant that the personal information which you are required to provide when you purchase is true, accurate and current in all respects. 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.
By using this site you agree to comply with, and be bound by, these Terms.
We may from time to time change these Terms at our sole discretion. By using this Website after any such change(s), you agree to comply with, and be bound by, the Terms as changed.
Making a purchase
When you order an Item you are offering to buy it for the price stated, subject to these Terms.
You will be guided through the process of placing an order by a series of instructions on the Website. You place your order for Items from the Website by clicking on the confirm order button at the end of the on-line order process.
Once you have placed your order, we will send you an email acknowledging the exact details of your order, providing you with a payment reference and the value of your order that has been debited to your credit/debit card. This is not an order confirmation or order acceptance.
Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Cancellation and Returns Procedures set out on this website, our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the Items ordered by you.
If you require any information regarding your order(s) please contact us.
We may not accept your order if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment or if we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time and at our sole discretion.
If we are unable to fulfil your order following our order acknowledgement, we will contact you advising you of this. See the Cancellation and Returns procedure set out on this website.
We will try to keep our Website as up to date as reasonably possible but cannot guarantee that any particular Item will always be available. If we can't supply any Item we will refund or re-credit your account by the amount debited by us.
Credit Cards
We allow orders to be processed online using a valid credit or debit card. Your credit card company may undertake an additional security check to confirm it is you making the order.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses, or subsequently refuses to, or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
Passing of property and risk
We will retain the legal ownership of the Items until full payment has been made by you and such payment has been received by us. Legal ownership of the Items will immediately revert to us if we refund any such payment to you. Risk in the Items will pass to you on delivery to you.
Copyright and Trade Marks
All content available on the Website, including, but not limited to, text, graphics, logos, button, icons, images, audio clips, data compilations, and software, and the compilation thereof (the "Content") is the property of ourselves, our affiliates, our partners or our licensors, and is protected by United Kingdomn and international copyright laws.
The trade marks, logos, and service marks displayed on the Website (collectively, the "Trade Marks") are the registered and unregistered marks of ourselves, our affiliates, our licensors or our partners, in United Kingdom and other countries, and are protected by United Kingdomn and international trade mark laws. All or any other trade marks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited licence in the section entitled "Limited Licence" below, or as required under applicable law, neither the Content, the Trade Marks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
Limited Licence
We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Website. Please note that you may not frame, link to, or utilise any framing or linking techniques to enclose the Website or any portion thereof without our prior written consent which may be withheld in our absolute discretion.
The limited licence set forth in this section does not include the right to:
a. modify or download the Website or its contents (except caching or as necessary to view content);
b. make any use of the Website or its Content other than personal use;
c. create any derivative work based upon either the Website or its Content;
d. collect account information for the benefit of another party;
e. use any meta tags or any other "hidden text" utilising our name or the Trade Marks without our express written
consent; or
f. use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action
that may impose an unreasonable burden or load on our infrastructure.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to our Website may:
a. link to, but not replicate, our Content;
b. not imply that we are endorsing such website or its services or products;
c. not misrepresent its relationship with us;
d. not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain
only content appropriate for all ages;
e. not portray us or our products, services or Items, in a false, misleading, derogatory, or otherwise offensive
or objectionable manner, or associate us with undesirable products, services, or opinions;
f. not use any Trade Mark without our prior written consent; and
g. not link to any page of the Website other than the home page. We may, in our sole discretion, request that you
remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.
Any unauthorised use by you of the Website terminates the limited licence set forth in this section without prejudice to any other remedy we may have provided for by applicable law.
Third Party Links
We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and Terms . You should carefully review the Terms and privacy policies of all off-Website pages and other websites that you visit.
Representations and Warranties: Limitations of liability
The site is provided on an "as is" and on an "as available" basis. To the fullest extent permissible by applicable law, we make no representations or warranties of any kind whatsoever, express or implied, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, as to the operation of the site or the information, content, graphics, links, materials, products, or services included on the site, or their accuracy, reliability, completeness or timeliness.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any
a. interruption of business;
b. access delays or access interruptions to the Website;
c. data non-delivery, mis-delivery, corruption, destruction or other modification;
d. loss or damages of any sort incurred as a result of dealings with or the presence of off- Website links on the
Website;
e. computer viruses, system failure or malfunction which may occur in connection with your use of the Website,
including during hyperlink to or from third party websites;
f. any inaccuracies, omissions, currency miscalculation information or misleading, false or deceptive statement
in the content;
g. Any misunderstanding arising from the layout of product labelling on the Website and/or on the products sold
via the Website or product labelling inaccuracies on all products;
h. events beyond our reasonable control; or
i. Any third party delivery delays outside our stated delivery times that our outside our reasonable control.
Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the Website regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred United Kingdomn Dollars (AUD $100.00). Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by applicable law.
Disputes
To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the Website and any purchase by you of any Items from ourselves shall be submitted to confidential arbitration in United Kingdom, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the United Kingdomn Courts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the International Chamber of Commerce. The arbitrator's award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the Website shall be submitted to an appropriate court or other judicial body in United Kingdom, and all applicable provisions of this section shall apply.
General
You acknowledge and agree that these Terms, together with our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase by you of any Items from ourselves, and supersede and govern all prior proposals, agreements, or other communications.
If any provision of these Terms is held to be illegal, invalid or unenforceable in whole or in part, then these Terms shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any of the provisions of these Terms by Ourselves shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of these Terms.
No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms as regards any of the times, dates and/or periods mentioned herein.
Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
We reserve the right to change these Terms at any time and we encourage you to revisit these Terms periodically to ensure that you are at all times fully aware of our Terms. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms.
We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
We reserve the right to refuse to supply Items to any person for any reason whatsoever, to withdraw any Items from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our withdrawing of any Items from this Website whether or not such Items have been sold; removing or editing content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
If you have any questions regarding these Terms, please contact us.
Governing Law
Your use of this Website and any purchase by you of any Item from Ourselves shall be governed by United Kingdomn law and you hereto submit to the exclusive jurisdiction of the United Kingdomn courts.
Physicists like to think that all you have to do is say, these are the conditions, now what happens next? Richard Feynman (1918 - 1988)