Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website http://sicilybag.com (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any products from our site.
1. INFORMATION ABOUT US
http://www.sicilybag.com is a site operated by Innovatrix Ltd (“We”). We are registered in England and Wales and have our registered office in Wimbledon, United Kingdom.
2. RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
3. OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
4. OUR LIABILITY
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law we hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
5. YOUR STATUS
By placing an order through our site, you warrant that:
a. You are legally capable of entering into binding contracts; and
b. You are at least 18 years old.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Our display of products on our website is an invitation to treat and not an offer to sell those goods to you.
6.2 An offer is made when you place the order for your products. However we will not have made a contract with you unless and until we accept your offer. (see point 6.5 below)
6.3 We take payment from your card, when we process your order and have checked your card details. Goods are subject to availability. If we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given if you have already paid for the goods.
6.4 If you enter a correct e-mail address we will send you an order acknowledgement e-mail (Order Acknowledgement). This is not an order confirmation or order acceptance from us.
6.5 Unless we have notified you that we do not accept your order or you have cancelled it, order acceptance and the creation of the contract (Contract) between you and us will take place at the point the goods you have ordered are dispatched from our warehouse to be delivered to the address you have given us. It does not take place until that stage, even though we may have debited your card (see 6.3 above) or we have sent acknowledging e-mails (see 6.4 above). Very occasionally an error may occur resulting in the goods described on our website not being the goods actually available for sale. If this occurs your order will not be or have been accepted. We may ask you whether you wish to purchase other goods we may have available or the goods which may have been dispatched to you in error. If so your order will be amended. Otherwise, we will treat any order as cancelled and any incorrect goods dispatched will be collected for full refund.
6.6 All orders that you place on this website will be subject to acceptance in accordance with clause 6.5 of these terms and conditions.
7. RIGHTS TO CANCEL
7.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in paragraph 11 below).
7.2 To cancel a Contract, you must inform us in writing and return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk.
7.3 Orders cancelled by you within this seven-day cooling-off period will be refunded in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
8. AVAILABILITY AND DELIVERY
Our delivery service is as follows:
|UK/Ireland/Channel Islands||3 working days|
|Europe||4 working days|
|USA/Australia/NZ/South Africa||6 working days|
|Rest of World||7 working days|
We will use reasonable endeavours to deliver your order within these timeframes. If for any reason there is a delay, we will contact you to notify you of the delay and dispatch your order to you as soon as it arrives in stock.
9. RISK AND TITLE
9.1 The Products will be at your risk from the time of delivery.
9.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
10. PRICE AND PAYMENT
10.1 The price of any Products will be as quoted on our site, except in cases of obvious error.
10.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you in an Order Acknowledgement.
10.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
10.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Acknowledgement, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
10.6 Payment for all products must be by credit / debit card or Paypal. We accept the following card types. Visa, Mastercard, American Express, Discover, Visa Electron. We will charge your credit or debit card when we process your order and have checked your card details.
11. OUR RETURNS POLICY
11.1 We want you to be completely happy with your order. If you do not cancel your order in accordance with clause 5.1, and subsequently for any reason you are not satisfied with the items you have chosen, you can return them to us within 28 days of receipt for a full refund (excluding the original delivery charge) or exchange. All we ask is that you return all items unused, undamaged and in original packaging.
The cost of the return postage will be paid by the customer.
If you wish to return an item, please request a return form from us via email to email@example.com, quoting your name and order number.
When returning your order We recommend you obtain a free ‘Certificate of Posting’ from the post office, as we cannot accept responsibility for parcels lost in transit.
If you are exchanging goods and the new item you require costs less than the one you have returned, we will refund the difference to the card you used to place your original order. If you are exchanging goods and the new item you require costs more than the one you returned, then an additional payment is needed and we will contact you for this before dispatching your replacement items.
If you need an exchange or replacement urgently, we recommend that you send the original back for a refund and reorder your replacement online.
Refunds for items bought as gifts can only be given to the original purchaser.
11.2 All refunds and exchanges under this clause 9 will be processed within 30 days of receipt of the returned Products subject to stock availability.
11.3 Products returned by you because of a defect, will be refunded in full, including a refund of the delivery charges for sending the item to you.
12. OUR LIABILITY
12.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality.
12.2 Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
12.3 This does not include or limit in any way our liability:
a. for death or personal injury caused by our negligence;
b. under section 2(3) of the Consumer Protection Act 1987;
c. for fraud or fraudulent misrepresentation; or
d. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12.4 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
13. IMPORT DUTY
13.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
13.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
14. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to 4, 149a Arthur Road London SW19 8AD. We may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.
16. TRANSFER OF RIGHTS AND OBLIGATIONS
16.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. EVENTS OUTSIDE OUR CONTROL
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
a. strikes, lock-outs or other industrial action.
b. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
c. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
d. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
e. impossibility of the use of public or private telecommunications networks.
f. the acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 15 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. ENTIRE AGREEMENT
20.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
20.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
20.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
21. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
21.1 We have the right to revise and amend these terms and conditions from time to time.
21.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Acknowledgement (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
22. DATA PROTECTION
We will use your email address to send you details of special offers. If you don’t want to receive the Sicily Bag newsletter, please contact us at firstname.lastname@example.org with the subject heading “Unsubscribe” and we will remove you from the list.
23. INTELLECTUAL PROPERTY RIGHTS
The website and all Content, which includes text, images, video and audio are the property of sicilybag.com and/or a third party. Except where specifically permitted by sicilybag.com, you may not use, reproduce, copy, modify, distribute, display, or sell any Content obtained from this website, in whole or in part. Any use of the Content, except where permission is given, is strictly prohibited. To request permission of such Content please email email@example.com
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
24. LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by English law.