TERMS AND CONDITIONS OF SALE
CONTENTS:
1. Definitions and Interpretation
2. Age Restrictions
3. Business Customers
4. International Customers
5. Intellectual Property
6. Third Party Intellectual Property
7. Links to Other Web Sites
8. Use of Communications Facilities
9. Accounts
10. Termination and Cancellation
11. Goods Pricing and Availability
12. Delivery
13. Returns Policy
14. Refund
15. Payment
16. Privacy
17. Disclaimers
18. Changes to the Service and these Terms and Conditions
19. Availability of the Web Site
20. Limitation of Liability
21. No Waiver
22. Previous Terms and Conditions
23. Notices
24. Law and Jurisdiction
BACKGROUND:
This agreement applies as between you, the User of this Web Site and HUSSEIN CHALAYAN (who we refer to as “HC”, “we”, “us” and “our” below), the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
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“Account” |
means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site; |
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“Carrier” |
means any third party responsible for transporting purchased Goods from our Premises to customers; |
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“Content” |
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site; |
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“Goods” |
means any products that HC advertises and / or makes available for sale through this Web Site; |
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means MAPREADER LTD. (REGISTERED IN ENGLAND AND WALES, NUMBER: 412 96 28 VAT REGISTRATION NUMBER:769 582 272) REGISTERED ADDRESS: BLOCK H, FIRST FLOOR ZETLAND HOUSE, 109-123 |
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“Service” |
means collectively any online facilities, tools, services or information that HC makes available through the Web Site either now or in the future; |
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“Payment Information” |
means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes; |
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“Purchase Information” |
means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form; |
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“Premises” |
Means our place(s) of business located at BLOCK H-FIRST FLOOR, ZETLAND HOUSE, |
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“System” |
means any online communications infrastructure that HC makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links; |
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“User” / “Users” |
means any third party that accesses the Web Site and is not employed by HC and acting in the course of their employment; and |
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“Web Site” |
means the website that you are currently using (www.husseinchalayan.com). |
Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
These Terms and Conditions DO NOT apply to customers buying Goods in the course of business.
If Goods are being ordered from outside HC’s country of residence which is
Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of HC, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by HC.
6. Third Party Intellectual Property
Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of HC or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
8. Use of Communications Facilities
8.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
8.1.1 You must not use obscene or vulgar language;
8.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
8.1.3 You must not submit Content that is intended to promote or incite violence;
8.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
8.1.5 The means by which you identify yourself must not violate these terms of use or any applicable laws;
8.1.6 You must not impersonate other people, particularly employees and representatives of HC or our affiliates; and
8.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
8.2 You acknowledge that HC reserves the right to monitor any and all communications made to us or using our System.
9.1 In order to purchase Goods on this Web Site and to use the Google Checkout facilities you are required to create an Google Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:
9.1.1 all information you submit is accurate and truthful;
9.1.2 you have permission to submit Payment Information where permission may be required; and
9.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
9.2 To Place an Order :
1. Choose product you wish to purchase, size and quantity of each product.
2. Review your basket and confirm by clicking on “Google Checkout” button
3. If you already have Google Checkout account, sign in, otherwise you will be asked to create a new one and enter your billing details and delivery details.
4. Shipping and VAT charges will be displayed in Google Checkout before you proceed with payment
5. Place your order in Google Checkout by clicking on “Place your order now”.
6. You will receive a confirmation email from Google that you order has been placed.
7. You can review status of your order any time by logging into your Google Checkout account.
10. Termination and Cancellation
10.1 Either HC or you may terminate your Account. If HC terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
10.2 If HC terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
10.3 HC reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
10.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
10.5 If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
10.6 You have the right to cancel the purchase and return the goods which must be exercised within 7 working days from the day after the date of delivery.
11. Goods, Pricing and Availability
11.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from HC correspond to the actual Goods, HC is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 13.24 for incorrect Goods.
11.2 Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.
11.3 HC does not represent or warrant that such Goods will be available. All orders are subject to acceptance and availability.
11.4 All pricing information on the Web Site is correct at the time of going online. HC reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
11.5 In the event that prices are changed during the period between an order being placed for Goods and HC processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
11.6 All prices on the Web Site are British Pound Sterling and are include VAT where applicable.
11.7 If the required product is not available, you may choose to register your email address for notification of arrival of the selected merchandise not held in stock. If this is the case, we will attempt to notify you by email when the product becoming available on the site.
11.8 Depending on your internet browser the colors of the goods may be slightly different to the original product.
11.9 We can process your orders only in working days between 9am and 5pm. (A working day means any day in which banks are open for business in
12.1 HC will notify you by way of email (sent by Google Checkout) when your goods are to be dispatched to you.
12.2 If HC receives no communication from you, within 7 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
12.3 Orders will be sent to the delivery address that you have given on your order. Please make sure that your POSTCODE is always included in your given address. HC cannot be held responsible if that delivery address is incorrect.
12.4 Orders willl be sent by Royal Mail’s First Class or Airmail Services during working days between 9 am and 5 pm. We can only send 4 products in one shipment. If you order consists of more than 4 products, you will be advised of any additional charges they may apply in Google Checkout.
Delivery prices and approximate delivery days are as below;
Other Countries - £10 / 10-14 working days
(A working day means any day in which banks are open for business in
other than Saturday and Sunday.
Delivery times and dates are not guaranteed and that delivery times are from time of dispatch.
12.23 The prices are include VAT where applicable. VAT will be discounted for
‘Other Countries’ and Non-EU countries category. Deliveries outside the European Community may be subject to import duties and taxes. (Please read Clause No:4 International Customers.
You will be advised of any VAT applicable and delivery charges in Google Checkout before placing you order.
HC aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
All Return Goods must be sent to below address;
Mapreader Ltd.
Block H-First Floor,
Zetland House,
13.24 If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us and return the goods within 10 days of your delivery. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
13.25 If any Goods you have purchased have faults when they are delivered to you, you should contact HC within 28 days to arrange collection and return. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
13.26 If Goods are damaged in transit and the damage is apparent on delivery, you should report such damage to HC and return the goods within 10 days. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
13.27 If the Goods have been dispatched or have reached you, but you have changed your mind, please return them to HC within 10 days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of HC. You are responsible for paying shipment costs if Goods are returned for this reason.
13.28 If you wish to return Goods to HC for any of the above reasons, please contact us via your Google Checkout account or directly at customercare@husseinchalayan.com to make the appropriate arrangements.
13.29 HC reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
13.29.1.1.1 Any use or enjoyment that you may have already had out of the Goods;
13.29.1.1.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
13.29.1.1.3 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law.
13.30 Arranging return of Goods is the responsibility of the customer.
HC is responsible for paying the costs of shipping return Goods only:
- if the goods are faulty, or not as ordered,
- if the time limit for returns is met,
- if the cost of return shipping is not more than the original shipping costs.
13.31 In the event of any failure to return any goods to HC within the stipulated time
limits, even though validly cancelled, HC shall has the right to charge any costs of recovery of the goods.
13.32 Exchanges are subject to availability and HC can only exchange an item for the
same item in a different size. Exchanged goods can only be dispatched after
the returned goods have been received and undergone a quality control check.
13.33 International custom duties and sales taxes are NOT refunded for shipments
outside the European Community (EU).
The refund procedure will be started by HC within thirty (30) days from when
HC is aware of your decision to exercise your return right, after checking that the return right has been correctly exercised and that the returned goods are accepted. All undamaged, correctly returned goods will be credited to the original purchaser’s credit card including sales taxes for all EU country shipments excluding shipping charges. As previously stated, international customs duties and sales taxes are non-refundable for shipments outside the EU.
15.33 Payment can be made by Visa,Visa Electron,Master Card, Switch/Maestro and Solo credit and debit cards. Payment will be debited and cleared from your account upon receipt of your order by HC. You confirm that the credit/debit card that is beingused is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer.
If the issuer of your payment card refuses to authorise payment to HC, we willl not be liable for any delay or non-delivery.
15.34 HC take all reasonable care to make this site as secure as we can make it; All credit card transaction on this site are processed using Google Checkout, a secure online payment gateway that encrypts your card details in a secure host environment. HC does not hold your credit card details on the website or our customer database.
15.35 Furthermore, HC will take all reasonable care, in so far as it is in our power to do so to keep, the details of your order and payment secure, but in the absence of negligence our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the site.
15.36 Please note that HC accepts payment in British Sterling Pound only.
The total cost of your order will be the purchase price for the products, plus delivery charges.
You will find the information by clicking on Privacy Policy.
17.37 HC makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
17.38 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
17.39 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
18. Changes to the Service and these Terms and Conditions
HC reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If HC is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
19. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
HC accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20.40 To the maximum extent permitted by law, HC accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
20.41 Nothing in these Terms and Conditions excludes or restricts HC’s liability for death or personal injury resulting from any negligence or fraud on the part of HC.
20.42 Nothing in these Terms and Conditions excludes or restricts HC’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.
20.43 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
22. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to customercare@husseinchalayan.com .Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
These terms and conditions and the relationship between you and HC shall be governed by and construed in accordance with the Law of England and