Welcome to
Ashtead Retail & Wholesale Limited Terms
of Sale & Terms of use for our website.
Terms
of Sale (businesses and consumers)
(1)
Introduction
Please
read these terms of sale
carefully.
You
will be asked to expressly
agree to these terms of sale before you
place an order for products from our website.
(2)
Interpretation
In
these terms of sale,
“we” means Ashtead Retail &
Wholesale
Limited know as “i-nique.com” (and
“us” and “our” will be
construed
accordingly); and “you” means our customer or
potential customer for products
(and “your” will be construed accordingly).
(3)
Order process
The advertising of products on
our website
constitutes an “invitation to treat”; and your
order for products constitutes a
contractual offer. No
contract will come
into force between you and us unless and until we accept your order in
accordance with the procedure detailed below.
In order to enter into a
contract to purchase products from us, you will
need to take the following steps:
a) you must add the products you
wish to purchase to
your shopping cart
b)
proceed to the checkout and
select your postage
option
c)
you must log in or create an
account to complete
the checkout
d)
confirm you agree to terms of
sale
e)
complete the payment process in
paypal or
credit-card options
f)
An order confirmation
will be sent on order
receipt and shipment
or we will confirm by email
that we are unable to meet your order.
We will not file a copy of
these terms of sale specifically in relation
to your order. We
may update the version
of these terms of sale on the website from time to time, and we do not
guarantee that the version you have agreed to will remain accessible. We therefore recommend
that you download,
print and retain a copy of these terms of sale for your records.
The only language in which we
provide these terms of sale is English.
Before
you place your order,
you will have the opportunity of
identifying whether you have made any input errors by informing us by
removing
them from your cart. You
may correct
those input errors before placing your order by re-adding them to your
cart.
(4)
The
products
Our products can be described
mainly as
a)
Accessories for electronic goods
b)
Camping accessories
c) Bags & luggage
accessories
(5)
Price and payment
Prices
for products are quoted
on our website. The
website contains a large number of
products and it is always possible that some of the prices on the
website may
be incorrect. We
will verify prices as
part of our sale procedures so that a product's correct price will be
stated
when you pay for the product.
In
addition to the price of the
products, you will/may have to pay a
delivery charge, which will be as stated when you pay for the product.
Payment
must be made upon the
submission of your order. We
may withhold the products and/or cancel
the contract between us if the price is not received from you in full
in
cleared funds.
The prices on the website
include all value added taxes (where
applicable).
Payment
for all products must
be made by Paypal OR secure credit
card payment via Sage-Pay gateway.
Prices
for products are liable
to change at any time, but changes will
not affect contracts which have come into force.
If
you are a business customer,
then from time to time we may agree to
open an account for you, enabling you to pay in arrears. Where you hold an account,
then upon or
following the dispatch of products, we will send to you an invoice for
payment
of the price of those products, and you will pay such invoice
within 30 days
of the date of the invoice. Accounts
will be subject to such credit limits as we may notify to you from time
to
time. If you do not
pay any amount
properly due to us under or in connection with these terms of sale on
time, we
may: charge you interest on the overdue amount at the rate of 8% per
year above
the base rate of Barclays Bank Plc from time to time (which interest
will
accrue daily until the date of actual payment, be compounded quarterly,
and be
payable on demand); or claim interest and statutory compensation from
you
pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
(6)
Your warranties
You
warrant to us that:
(a)
you
are legally capable of entering into binding contracts, and you have
full
authority, power and capacity to agree to these terms of sale;
(b)
the
information provided in your order is accurate and complete; and
(c)
you
will be able to accept delivery of the products.
(7)
Delivery
policy
We will
arrange for the
products to be delivered to the address for
delivery indicated in your order.
We will
use reasonable
endeavours to deliver products on or before the
date for delivery set out in our order confirmation or, if no date is
set out
in our order confirmation, within 3 working days of the date of our
order
confirmation for UK based customers, and 14 days for non-UK based
custromers. However,
we cannot guarantee delivery by the
relevant date. We
do however guarantee
that unless there are exceptional circumstances all deliveries of
products will
be dispatched within 30 days of the later of receipt of payment and the
date of
our order confirmation.
We
will deliver products
world-wide
(8)
Risk and ownership
The
products will be at your
risk from the time of delivery. Ownership
of the products will only pass to
you upon the later of:
(a)
delivery
of the products; and
(b)
receipt
by us of full payment of all sums due in respect of the products
(including
delivery charges).
Until ownership of the products
has passed to you, you will possess the
products as our fiduciary agent and bailee, and if you are a business
customer
you must store the products separately from other goods and ensure that
the
products are clearly identifiable as belonging to us.
We will
be entitled to recover
payment for the products even where
ownership has not passed to you.
(9)
Consumers:
returns policy
This
Section applies to
consumers, not business customers.
If you are a business customer, the
applicable returns policy is set out in Section [12].
You may cancel a contract to
purchase a product or products at any time
within 7 working days after the day you received the relevant products
or
products under current EU Distant selling Regulations (DSRs) 97/7/EC
&
SI689/2005
If you cancel a contract on
this basis, you must inform us in writing
(preferably via email ) and return the products to us as soon as
possible
(within a reasonable time), in the same condition in which you received
them. We
request that you please send the goods back with the original packaging
&
with a return form.
http://www.i-nique.com/pdf/i-nique_return_form.pdf
Goods received back without the
form, could result in processing delays
You are expected to take
reasonable care to ensure we receive the goods
back undamaged.
Contracts cancelled in terms of
current DSRs regulations will be
refunded in full (including the cost of sending the products to you). However, you will be
responsible for paying
the cost of returning the product to us.
If you cancel a contract on
this basis and you do not return the
products to us, we may recover the products and charge you for the
costs we
incur in doing so. Similarly,
if you
return the products at our expense, we may choose at our discretion
pass that
expense on to you.
(10)
Consumers: statutory rights
If you are a consumer, any
statutory rights which you have, which cannot
be excluded or limited, will not be affected by the terms of sale.
(11)
Business customers:
limitation of warranties
This Section applies only to
business customers, not consumers.
We warrant to business
customers that the products purchased from our
website will:
(a)
conform
in all material respects to any applicable specification of such
products published
on our website / issued by us; and
(b)
be
free from material defects in materials and workmanship for a period of
1 year
from the date of delivery of the products.
These terms of sale set out the
full extent of our obligations and
liabilities in respect of the products supplied to business customers
hereunder. To the maximum extent permitted by applicable law and
subject to the
first paragraph of Section [15], all conditions, warranties or other
terms
concerning the products which might otherwise be implied into a
contract with a
business customer under these terms of sale are expressly excluded.
(12)
Business customers: returns
policy
This Section applies to
business customers, not consumers.
If you are a consumer, the applicable returns
policy is set out in Section [9].
Products may only be returned
to us with our prior agreement, at your
expense, and according to our directions. Any products returned in
contravention of this Section will not be the subject of any refunds or
replacements and you will continue to be liable for payment of the
price of
such products.
Where you return products to us
in accordance with the provisions of
this Section, and in our reasonable opinion those products do not
conform with
the warranties set out in Section [11], then you will be entitled to
replacement products (where replacements are available) or, where we
agree, a
refund of the price paid in respect of those products (including all
delivery
charges).
(13)
Refunds
If you cancel a contract and
are entitled to a refund, we will usually
refund any money received from you using the same method originally
used by you
to pay for your purchase. We will process the refund due to you as soon
as
possible and, in any event, within 30 days of the day we received your
valid
notice of cancellation.
(14)
Force majeure
In this Section and Section
[15] below, “force majeure event” means:
(a)
any
event which is beyond our reasonable control;
(b)
the
unavailability of raw materials, components or products; and/or
(c)
power
failure, industrial disputes affecting any third party, governmental
regulations,
fires, floods, disasters, civil riots, terrorist attacks or wars.
Where a force majeure event
gives rise to a failure or delay in us
performing our obligations under these terms of sale, those obligations
will be
suspended for the duration of the force majeure event.
If we become aware of a force
majeure event which gives rise to, or
which is likely to give rise to, any failure or delay in us performing
our
obligations under these terms of sale, we will notify you forthwith.
We will take reasonable steps
to mitigate the effects of the any force
majeure event.
(15)
Limitations and exclusions of liability
Nothing
in the terms of sale
will:(a)
limit or exclude the liability of a
party for death or personal injury resulting from negligence; (b) limit
or
exclude the liability of a party for fraud or fraudulent
misrepresentation by
that party; (c)
limit any liability of a party
in any way that is not permitted under applicable law; or (d) exclude
any
liability of a party that may not be excluded under applicable law. If you are a consumer, any
statutory rights
which you have, which cannot be excluded or limited, will not be
affected by
the terms of sale.
The
limitations and exclusions
of liability
set out in this Section and elsewhere in the terms of sale: (a) are
subject to
the preceding paragraph; (b) govern all liabilities arising under the
terms of
sale or in relation to the subject matter of the terms of sale, including liabilities
arising in contract, in
tort (including negligence) and for breach of statutory duty.
We will
not be liable to you in
respect of
any losses arising out of a force majeure event.
We
will not be liable to you in
respect of
any business losses, such as loss of or damage to profits, income,
revenue,
use, production, anticipated savings, business, contracts, commercial
opportunities or goodwill.
If you
are a business customer,
we will not
be liable to you in respect of any loss or corruption of any data,
database or
software.
If you
are a business customer,
we will not
be liable to you in respect of any special, indirect or consequential
loss or
damage.
If
you are a business customer,
our aggregate liability to you under the
terms of sale will not exceed the total amount paid
(16)
Business customers:
indemnity
If you are a business customer,
you hereby indemnify us and undertake to
keep us indemnified against all and any liabilities, losses, damages,
expenses
and costs (including legal expenses and amounts paid in settlement of
any
demand, action or claim) arising, directly or indirectly, out of a
breach by
you of any of your obligations under these terms of sale.
(17)
Contract cancellation
We may cancel a contract to
supply products made under these terms of
sale immediately by written notice to you if you fail to pay, on time
and in
full, any amount due to us under the contract, or commit any material
breach of
your obligations to us under the contract.
If you are a business customer,
we may cancel a contract to supply
products made under these terms of sale if:
(a)
you
cease to trade;
(b)
you
become insolvent or unable to pay your debts within the meaning of the
insolvency legislation applicable to you;
(c)
a
person (including the holder of a charge or other security interest) is
appointed to manage or take control of the whole or part of your
business or
assets, or notice of an intention to appoint such a person is given or
documents relating to such an appointment are filed with any court;
(d)
the
ability of your creditors to take any action to enforce their debts is
suspended, restricted or prevented, or some or all of your creditors
accept, by
agreement or pursuant to a court order, an amount of less than the sums
owing
to them in satisfaction of those sums; or
(e)
any
process is instituted which could lead to you being dissolved and your
assets
being distributed to your creditors, shareholders or other contributors
(other
than for the purposes of solvent amalgamation or reconstruction).
(18)
Consequences of
cancellation
Upon
the cancellation of a
contract in accordance with Section [17]:
(a) we
will cease to have any obligation to deliver products which
are ndelivered at
the date of cancellation;
(b)
you
will continue to have an obligation where applicable to pay for
products which
have been delivered at the date of cancellation (without prejudice to
any right
we may have to recover the products); and
(c)
all
the other provisions of these terms of sale will cease to have effect,
except
that Sections [8, 11, 12, 15, 16, 18 and 20] will survive termination
and have
effect indefinitely.
(19)
Scope of these terms of
sale
These
terms of sale do not
constitute or contain any assignment or
licence of any intellectual property rights, do not govern the
licensing of
works (including software and literary works) comprised or stored in
products,
and do not govern the provision of any services by us or any third
party in
relation to the products.
(20)
General
terms
Images
of products on our
website are for illustrative purposes; actual
products may differ from such images.
We will treat all your personal
information that we collect in
connection with your order in accordance with the terms of our privacy
policy; use of our website will be subject to our website terms
of use.
Contracts
under these terms of
sale may only be varied by an instrument
in writing signed by both you and us.
We
may revise these terms of sale from time-to-time, but such revisions
will not
affect the terms of any contracts which we have entered into with you.
If any
provision of these terms
of sale is held invalid or unenforceable
by a court of competent jurisdiction, the remaining provisions will
remain in
full force and effect, and such invalid or unenforceable provisions or
portion
thereof will be deemed omitted.
No
waiver of any provision of
these terms of sale, whether by conduct or
otherwise, in any one or more instances, will be deemed to be, or be
construed
as, a further or continuing waiver of that provision or any other
provision of
these terms of sale.
ou
may not assign, charge,
sub-contract or otherwise transfer any of
your rights or obligations arising under these terms of sale. Any attempt by
you to do so will be null and
void. We may
assign, charge,
sub-contract or otherwise transfer any of our rights or obligations
arising
under these terms of sale, at any time – providing where you
are a consumer
that such action does not serve to reduce the guarantees benefiting you
under
these terms of sale.
Each
contract under these terms
of sale is made for the benefit of the
parties to it and is not intended to benefit, or be enforceable by, any
other
person. The right of the parties to terminate, rescind, or agree any
amendment,
variation, waiver or settlement under such contracts is not subject to
the
consent of any person who is not a party to the relevant contract.
Subject
to the first paragraph
of Section [15]: these terms of sale
contain the entire agreement and understanding of the parties in
relation to
the purchase of products from our website, and supersede all previous
agreements and understandings between the parties in relation to the
purchase
of products from our website; and each party acknowledges that no
representations not expressly contained in these terms of sale have
been made
by or on behalf of the other party in relation to the purchase of
products from
our website.
These
terms of sale will be
governed by and construed in accordance with
English law, and the courts of England and Wales will have
[non-]exclusive
jurisdiction to adjudicate any dispute arising under or in relation to
these
terms of sale.
(21)
About
us
Our
full name is Ashtead Retail
& Wholesale Ltd.
Our
registered &
trading address is: unit 1, the circuit centre,
avro way, surrey, KT13 0YT, United Kingdom
Our company registration number
is 5369449
Our email address is
sales@i-nique.com
Our VAT number is GB853481512
(23)
LIFETIME WARRANTY
The
Lifetime Warranty is valid only
for cases, not clips, swivels or other accessories.
Conditions
where you are covered:
a)
If you are the original purchaser
(invoice or email confirmation required).
b)
If your case shows a defect that
is related to a production failure.
Conditions
where you are not
covered:
a)
Does not cover for fair wear and
tear.
b)
Does not cover accidental damage,
misuse, improper care or alternation, or force majeure, such as floods
and
earthquakes.
c)
Any repair work on i-nique
products by unauthorized third parties voids any warranties.
We
do not take any responsibility
for third party products, i.e., will not reimburse any damage to
devices used
together with our products.
Our
responsibility shall be limited
to the repair or the replacement of the product at its sole discretion.
Should
no identical product be
available, then a suitable alternative as deemed by us. Should no
alternative
be available, then we may award a refund via a store coupon - the
amount to be
the purchase amount less 20%.
This
warranty excludes claims for
incidental or consequential damages in connection with the warranty
problem.
Some jurisdictions do not allow the exclusion or limitation of
incidental or
consequential damages so the above limitation or exclusion may not
apply to
you.
This
warranty gives you specific
legal rights according to UK Law, and you may also have other rights,
which
vary from state to state or country to country.
Please
Note: Features and
specifications of all i-nique products are subject to change without
notification.
Replacement
Should
we deem your product's defect
to be covered by the warranty, we will dispatch a new product to you
within 30
days.
Product
care
The
customer is responsible to look
after the product. We recommend the following safe care instructions
for
leather products. Failure to adhere to these instructions will
potentially
invalidate the warranty
Leather case – care instructions
- Avoid using or
placing sharp objects on leather goods. Leather is very durable, but
not accident or damage proof.
- Keep your case
away from direct heat sources
- As far as possible
keep the leather case out of direct sunlight for long periods
– it may fade over time.
- Avoid air
pollution such as cigar or cigarette smoke and cooking fumes, which can
cause leather to fade or change color
- Keep leather free
from dust by dusting with a non-abrasive cloth, preferably once a week
- You may clean the
case using a reputable leather cleaner & treatment products
– along with their usage instructions.
- Blot spills up
immediately. Use reputable Leather Cleaner product
Terms of Use
(Website)
(1)
Introduction
These terms of use
govern your use of our website; by using our website, you accept these
terms of
use in full. If
you disagree with these
terms of use or any part of these terms of use, you must not use our
website.
If
you register with
our website we will ask you to expressly agree to these terms of use.
(2) Licence
to use website
Unless
otherwise
stated, we or our licensors own the intellectual property rights in the
website
and material on the website. Subject
to
the licence below, all these intellectual property rights are reserved.
You
may
view, download for caching purposes only, and print pages from the
website for
your own personal use, subject to the restrictions set out below and
elsewhere
in these terms of use.
You
must not:
(a) republish
material from this website (including republication
on another website);
(b) sell,
rent or sub-license material from the website;
(c) show
any material from the website in public;
(d) reproduce,
duplicate, copy or otherwise
exploit material on our website for a commercial purpose;
(e) edit
or otherwise modify any material on the
website; or
(f) redistribute
material from this website except for content specifically and
expressly made available for
redistribution (such as our newsletter)
Where
content is specifically made available for redistribution, it may
only be redistributed within your organisation.
(3)
Acceptable use
You
must not use our
website in any way that causes, or may cause, damage to the website or
impairment of the availability or accessibility of the website; or in
any way
which is unlawful, illegal, fraudulent or harmful, or in connection
with any
unlawful, illegal, fraudulent or harmful purpose or activity.
You
must not use our
website to copy, store, host, transmit, send, use, publish or
distribute any
material which consists of (or is linked to) any spyware, computer
virus, Trojan
horse, worm, keystroke logger, rootkit or other malicious computer
software.
You
must not conduct
any systematic or automated data collection activities (including
without
limitation scraping, data mining, data extraction and data harvesting)
on or in
relation to our website without our express written consent.
(4) Products
The
advertising of
products on our website constitutes an “invitation to
treat” - not a
contractual offer.
Prices
stated on our
website may be stated incorrectly.
The
purchase of
products via our website will be subject to our terms of sale.
We
will ask you to
agree to our terms of sale each time you purchase a product or products
via our
website.
(5) Product
reviews
In
these terms of
use, “your reviews” means material (including
without limitation [text, images,
audio material, video material and audio-visual material]) that you
submit to
us for publication on our website [whether as a product review or
otherwise].
You
grant to us a
worldwide, irrevocable, non-exclusive, royalty-free licence to use,
reproduce,
adapt, publish, translate and distribute your reviews in any existing
or future
media. You also
grant to us the right to
sub-license these rights, and the right to bring an action for
infringement of
these rights.
Your
reviews must
not be illegal or unlawful, must not infringe any third party's legal
rights,
and must not be capable of giving rise to legal action whether against
you or
us or a third party (in each case under any applicable law and in any
jurisdiction).
Your
reviews (and
their publication on our website) must not:
(a) be
libellous or maliciously false;
(b) be
obscene or indecent;
(c) infringe
any copyright, moral right, database right, trade mark
right, design right, right in passing off, or other intellectual
property
right;
(d) infringe
any right of confidence, right of privacy, or right
under data protection legislation;
(e) constitute
negligent advice or contain any negligent statement;
(f) constitute
an incitement to commit a crime;
(g) be
in contempt of any court, or in breach of any court order;
(h) be
in breach of racial or religious hatred or discrimination
legislation;
(i)
be blasphemous;
(j) be
in breach of official secrets legislation;
(k) be
in breach of any contractual obligation owed to any person;
(l) depict
violence in an explicit, graphic or
gratuitous manner;
(m) be
pornographic or sexually explicit;
(n)
be untrue, false, inaccurate or misleading;
(o) consist
of or contain any instructions,
advice or other information which may be acted upon and could, if acted
upon,
cause illness, injury or death, or any other loss or damage;
(p) constitute
spam;
(q) be
offensive, deceptive, threatening,
abusive, harassing, or menacing, hateful, discriminatory or
inflammatory; or
(r) cause
annoyance, inconvenience or needless
anxiety to any person.
Your
reviews must be
appropriate, civil, tasteful and accord with generally accepted
standards of
etiquette and behaviour on the internet.
You
must not use any
review to link to any website or web page consisting of or containing
material
that would, were it posted on our website, breach the provisions of
these terms
of use.
You
must not submit
any reviews to the website that are or have ever been the subject of
any
threatened or actual legal proceedings or other similar complaint.
We
reserve the right
to edit or remove any reviews submitted to our website, or stored on
our
servers, or hosted or published upon our website.
Notwithstanding
our
rights under these terms of use in relation to your reviews, we do not
undertake to monitor the submission of reviews to, or the publication
of
reviews on, our website.
(6) Limited
warranties
Whilst
we endeavour
to ensure that the information on this website is correct, we do not
warrant
its completeness or accuracy; nor do we commit to ensuring that the
website
remains available or that the material on the website is kept
up-to-date.
To
the maximum
extent permitted by applicable law we exclude all representations,
warranties
and conditions relating to this website and the use of this website
(including,
without limitation, any warranties implied by law of satisfactory
quality,
fitness for purpose and/or the use of reasonable care and skill).
(7) Limitations and exclusions of liability
Nothing
in these terms of use will:(a) limit or exclude our or your
liability for death or personal injury resulting from negligence; (b)
limit or
exclude our or your liability for fraud or fraudulent
misrepresentation; (c)
limit any of our or your liabilities in any way
that is not permitted under applicable law; or (d) exclude any of our
or your
liabilities that may not be excluded under applicable law. If you are a consumer, any
statutory rights
which you have, which cannot be excluded or limited, will not be
affected by
these terms of use.
The
limitations and exclusions of liability set out in this Section and
elsewhere
in these terms of use: (a) are subject to the preceding paragraph; and
(b)
govern all liabilities arising under the terms of use or in relation to
the
subject matter of the terms of use, including liabilities arising in
contract,
in tort (including negligence) and for breach of statutory duty.
To
the
extent that the website and the information and services on the website
are
provided free-of-charge, we will not be liable for any loss or damage
of any
nature.
We
will
not be liable to you in respect of any losses arising out of any event
or
events beyond our reasonable control.
We
will
not be liable to you in respect of any business losses, including
(without
limitation) loss of or damage to profits, income, revenue, use,
production, data
loss, anticipated savings, business, contracts, commercial
opportunities or
goodwill.
We
will
not be liable to you in respect of any loss or corruption of any data,
database
or software.
We
will not be
liable to you in respect of any special, indirect or consequential loss
or
damage.
(8)
Indemnity
You
hereby indemnify
us and undertake to keep us indemnified against any losses, damages,
costs,
liabilities and expenses (including without limitation legal expenses
and any
amounts paid by us to a third party in settlement of a claim or dispute
on the
advice of our legal advisers) incurred or suffered by us arising out of
any breach
by you of any provision of these terms of use, or arising out of any
claim that
you have breached any provision of these terms of use.
(9)
Breaches of these terms of use
(10)
Variation
We
may revise these terms of use
from time-to-time. Revised
terms of use
will apply to the use of our website from the date of the publication
of the
revised terms of use on our website.
Please check this page regularly to ensure you are
familiar with the
current version.
(11) Assignment
We may transfer,
sub-contract or otherwise deal with our rights and/or obligations under
these
terms of use without notifying you or obtaining your consent.
You
may not
transfer, sub-contract or otherwise deal with your rights and/or
obligations
under these terms of use.
(12) Severability
If a provision of these terms
of use is determined
by any court or other competent authority to be unlawful and/or
unenforceable,
the other provisions will continue in effect.
If any unlawful and/or unenforceable provision would be
lawful or
enforceable if part of it were deleted, that part will be deemed to be
deleted,
and the rest of the provision will continue in effect.
(13) Exclusion
of third party rights
These terms of use are for
the benefit of you and us, and are not intended to benefit any third
party or
be enforceable by any third party.
The
exercise of our and your rights in relation to these terms of use is
not
subject to the consent of any third party.
(14) Entire
agreement
These terms of use , together
with our privacy policy, constitute the
entire agreement between you and us in relation to your use of our
website, and
supersede all previous agreements in respect of your use of this
website.
(15) Law
and jurisdiction
These terms of use will be
governed by and
construed in accordance with English law, and any disputes relating to
these
terms of use will be subject to the [non-]exclusive jurisdiction of the
courts
of England and Wales.
fin.
