1 - Introduction
These terms and conditions relate to goods which you offer to purchase from the ScootWear.com website ("our/this website"). Please read these terms and conditions, which govern your use of this website and our supply to you of any goods which you offer to purchase through our website. We will be unable to process any offer to purchase goods until you have done so. If there is anything you do not understand, please feel free to e-mail us at sales@scootwear.com
By making an offer to purchase, you agree to be bound by the whole provisions of the Agreement (as defined in clause 3.1 below) between you and us. If you do not accept these provisions you should not place an order. Your attention is drawn in particular to clauses 5 (limitation of liability) and 6 (indemnity).
These terms and conditions may be changed at any time by us and we are not under any obligation to notify you of such changes.
2 - Definitions
In these terms and conditions: -
2.1 - "Commencement Date" means the date when our agreement with you is concluded (see clause 3.3);
2.2 - "Confirmation Form" means the form that is shown on screen after you have placed an order, confirming details of the Goods which you have offered to purchase and which we have agreed to supply to you;
2.3 - "Consumer" means an individual whose use of the service is for personal purposes only, and not for use in connection with any trade, business or profession;
2.4 - "Order Form" means the form completed by you online and showing details of the goods which you have offered to purchase from us;
2.5 - "Goods" means the goods to be provided by us to you, as described in the Order Form and Confirmation Form and on the pages of our website relevant to those goods. (In the event of a discrepancy between the description of the Goods on the website and that on the Order Form Confirmation Form, the description on the Order Form or Confirmation Form shall be conclusive);
2.6 - "we/us/our" refers to ScootWear Limited, a company incorporated in England (registered number 05431534); and
2.7 - "you/yours" refers to you, the person offering to purchase goods from us.
3 - Your Agreement with Us
3.1 - These terms and conditions, together with the Order Form, Confirmation Form, Privacy Policy, constitute the entire agreement between you and us relating to the provision of the Goods ("the Agreement"), and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to this, and all past courses of dealing or industry custom. No oral explanation or oral information given by any party (including any information given via our customer service departments) shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions, and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in these terms and conditions.
3.2 - Nothing on our website is intended or shall be interpreted to mean that we are making a legal offer to you to provide the Goods; we are inviting you to make a legal offer to us to purchase the Goods. It is entirely at our discretion to accept or reject the offer to purchase.
3.3 - The agreement is concluded only when we have accepted your order by sending you a Confirmation Form (with the date of conclusion of the Agreement being the date shown on that Confirmation Form).
4 - General
Payment can be made using any of the methods listed on this website and will be debited when we have accepted your offer to purchase.
All prices are quoted in UK pounds Sterling and include VAT where applicable.
Our acceptance of your offer to purchase Goods is subject to their availability.
Our acknowledgement of order acceptance via web or e-mail is not a guarantee of delivery. We will inform you if we are unable to deliver the Goods which you have offered to purchase and a full refund will be given.
Every effort has been made to ensure the descriptions and price of goods are correct. We will inform you as soon as possible in the event of an error in pricing or description coming to out attention. Where we notify you of such an error, you will have an option of either (i) confirming your offer to purchase subject to the corrected description or price, or (ii) retracting your offer to purchase and receiving a full refund if the Goods have been paid for.
5 - Delivery Details and Returns Policy
5.1 - Delivery
All Deliveries are subject to stock availability and authorisation of your payment.
We shall endeavour to deliver the Goods you have offered to purchase within 7-14 working days after we receive your offer. If there are any delays we will notify you of such delay as soon as possible.
We can deliver to addresses in the United Kingdom BFPO and Europe. Please check first if you are unsure.
Your order will be delivered to the address which you state in your order. For credit card payments, the Goods will only be delivered to the address which is listed for the credit card which you have used to pay for the Goods.
We can only deliver the goods to you during office hours, Monday to Friday. We are unable to specify the time at which the goods will be delivered to you.
A signature may be required on delivery of the goods to you. Receipt of a signature at the delivery address will be proof that the order has been delivered to you where applicable
5.2 - Returns
We accept returns via post to the address stated below.
If you are not completely happy with your purchase, simpy return the unused goods to us in their original condition within 7 days of receipt. The garment must be returned with all original tags and packaging, as well as a copy of the delivery note. Items must be returned neatly folded and in a saleable condition.
All Goods are inspected before despatch, however if the Goods are faulty or damaged we will meet the cost of return and (at your option) we will replace or exchange such goods or we will refund you the price you paid for the Goods. If the Goods are found to have been damaged by you the customer (including but not limited to goods which have been stained by make-up, deodorant or perfumes whist being tried on or have been damaged by you after receipt, then no costs or refund will be offered. In all other circumstances, we will exchange the goods or refund you the amount which you paid for the goods providing they have not been used and remain in 'as new' condition, but we will not refund any costs to return the goods to us. This policy is in addition to any statutory rights which you have as a consumer.
Where you cancel this Agreement because you think that the Goods are faulty, incorrect or damaged on delivery please return them to: Customer Services Department, Scootwear Ltd, PO Box 179, Benfleet, SS7 9AY in the following manner: -
Goods must be adequately sealed and returned with the original packaging with all labels still attached. Please note that Royal Mail may reject any package that is not adequately wrapped;
Please make sure that you have addressed the package clearly with the ScootWear Ltd address. The goods are your responsibility until they reach us. For your own protection, we recommend that you send the goods using a delivery service that insures you for the value of the goods and provides you with proof of posting (such as Royal Mail Recorded Delivery).
Make sure that you get a certificate of posting from the Post Office as proof that you have sent the package (the Post Office do not charge for issuing these certificates),
Returns must be received by us within 7 days of you receiving them.
Please note that the Goods which you return, you are responsible for the costs of returning the goods to us.
Refunds will only be made if items are returned to us within 7 days of receipt of the goods.
Unfortunately, we will not refund items which are returned to us after the 7 days period.
Unfortunately, we cannot make a refund for goods which have been stained by make-up, deodorant or perfumes whist being tried on or have been damaged by you after receipt. Items must be returned neatly folded and in a saleable condition. If we believe that reasonable care has not been taken of items in your possession we will contact you by email and may not be able to make a full refund for goods.
We will issue a refund (which will not include the costs of delivery) if the terms of return are adhered to.
Refunds will only be made to the credit or debit card on which the purchase was made, or a cheque will be sent if payment was made by any other method (including but not restricted to cheque and postal order).
Returned items will be processed/checked in within 3 working days. We aim to make refunds to cards as soon as possible, normally within 7 working days, but during busier periods this may take slightly longer (maximum of 30 days). Please allow 10 working days for the refund to appear on your credit card or bank statement as the length of time refunds take varies depending on the card issuer.
Scootwear Ltd retain the right to refuse a full refund or to make only a partial refund if they feel the above has not been met. Typically a handling fee of 25% may be charged by the company at their descretion.
6 - Payment Options
Payment
We accept the following methods of Payment.
6.1 - Cheques: -
Drawn on UK banks and in Pounds Sterling
6.2 - Credit or Debit cards: -
These payments are made via Paypal, who have a secure website. For further details visit www.paypal.com
7 - VAT
Our prices include VAT where applicable.
8 - Security & Data Protection
8.1 - Data Protection
We are committed to protecting your privacy and the security of any information given to us in order for us to process your order.
8.2 - Our Data Protection Policy
We will not gather or hold personal information about you unless you have given your express permission for us to do so. By placing an order, you will consent to the use of such personal information.
Any personal information held or processed will be kept up-to-date and will be destroyed as soon as the reason for its collection or processing has lapsed.
No personal data about customers will be passed to any third party, except to fulfil the delivery of the goods to you, and as is necessary to process credit or debit card payments whenever we begin with this facility.
Your privacy and confidence will be respected at all times.
8.3 - What information is collected about you and how is it used?
When you place an order we need to collect your name, address, e-mail and telephone number as well as details of the method by which you intend to pay for the Goods. This information allows us to process your offer to purchase Goods and delivery of those Goods to you. We use your e-mail address to send you notification of the status of the order. We will contact you by e-mail or by telephone if any problems occur regarding delivery of the Goods to you.
This information may be provided to third party service providers for the purpose of processing your offer to purchase the goods.
We may use your e-mail address to provide you with information on products, services, promotions and special offers where you have indicated that this is acceptable.
8.4 - Third Parties
We will not sell or pass your details to third party organisations except for the purpose of processing your offer to purchase the Goods.
8.5 - Consent
By making an offer to purchase Goods you consent to the information you provide to us being processed for any of the above purposes.
9 - Distance Selling Regulations
We are obliged by law to provide you, prior to the delivery to you of the goods which you have purchased, with certain information in relation to those goods and your rights in relation to the agreement with us. This information appears throughout these Terms and Conditions, and you will be referred to these again upon making your order.
10 - Right to Cancel this Agreement
Under the Distance Selling Regulations, you have seven working days from the Commencement Date ("the cooling-off period") in which to cancel this Agreement if for any reason you are not happy with the Goods which have been delivered to you. This Cooling off period begins on the day after the day you receive the goods from us.
If you wish to cancel the agreement, you must notify us of this fact in writing and send your notification to us by e-mail or post. Full contact details are set out below.
On cancellation, you must return the Goods that we have delivered to you within 7 days. On our receipt of the returned Goods, we will exchange the Goods or we will refund to you the price you paid for the Goods. You will be liable for the costs of returning the Goods to us.
You should return such Goods to the following address:
Customer Services Department, Scootwear Ltd, PO Box 179, Benfleet, SS7 9AY.
Goods must be adequately sealed and include the original packaging. Please note that the Royal Mail may reject any package that is not adequately wrapped; please make sure that you have addresses the package clearly with the above address. Make sure that you get a certificate of posting from the Post Office as proof that you have sent the package (the post office do not charge for issuing these certificates).
11 - Limitation of Liability
IMPORTANT: THIS CLAUSE 11 CONTAINS PROVISIONS WHICH RESTRICT THE EXTENT TO WHICH WE ARE LIABLE TO YOU FOR ANY LOSS YOU MAY SUFFER IN CONNECTION WITH THE GOODS. PLEASE READ IT CAREFULLY AND DO NOT MAKE AN OFFER TO PURCHASE UNLESS YOU AGREE TO THIS CLAUSE.
11.1 - Nothing in these terms and conditions is intended to exclude any provision of the Unfair Contract Terms Act 1977, or of the Unfair Terms in Consumer Contracts Regulations 1999, or of any other legislation designed to ensure that the rights of parties to a contract of the type of this Agreement (i.e. standard terms and conditions which are not individually negotiated) are fairly balanced.
11.2 - Subject to the aforesaid, we shall not be liable to you for any loss or damage unless such loss or damage arises as a direct result of our negligence, recklessness or wilful misconduct, or fraud, or misrepresentation on our part.
11.3 - To the fullest extent permitted by applicable law, we disclaim all liability for our employees' or sub-contractors' negligence.
11.4 - We may include links from time to time from our website to other internet sites. We have no control over the content of such sites and disclaim any liability in respect of your use of such sites.
11.5 - All conditions, terms, representations and warranties relating to the Goods which are not expressly stated in this Agreement are hereby excluded to the fullest extent permitted by law.
11.6 - Our total liability to you in respect of any claim by you arising out of or in connection with the provision (or the failure to provide) the Goods shall be limited to the value of the goods supplied.
11.7 - No claim by you against us shall be valid unless you have notified us of the details of the claim within one year of it arising.
11.8 - Every provision of this clause 11 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason any of these provisions is held inapplicable or unenforceable in any circumstances, and shall remain in force notwithstanding the expiry or termination of this Agreement.
12 - Indemnity
IMPORTANT: IN THIS CLAUSE 12 YOU AGREE THAT YOU WILL BE LIABLE FOR ANY LOSS WE (OR CETAIN PEOPLE CONNECTED WITH US) SUFFER AS A RESULT OF BREACH OF THE AGREEMENT BY YOU OR BY CERTAIN PEOPLE CONNECTED WITH YOU. PLEASE READ IT CAREFULLY AND DO NOT MAKE AN OFFER TO PURCHASE THE GOODS UNLESS YOU AGREE TO THIS CLAUSE.
You agree that you shall be liable for, and hereby agree to indemnify us on demand in respect of any and all demands, liabilities, losses, costs and claims (including reasonable legal fees) sustained or incurred by us, our agents, suppliers, resellers, our customers, officers or employees, and arising as a result of breach by you of this Agreement.
13 - Website Content
We have used reasonable care and skill in compiling the content of our website but make no warranty, express or implied, as to the nature or accuracy of any of the material on the website and cannot accept liability for any particular material on the website or as a result of any use of or reliance placed upon information contained within the website.
Although every effort is made to ensure complete accuracy, some prices or details shown on the website may change from time to time, and it is possible that errors will occur. We will use reasonable endeavours to rectify any errors as swiftly as possible.
14 - Contact details
If you have any queries about these terms and conditions, or any other aspect of our website, or you have a complaint, you can email us at sales@scootwear.com or write to us at: Customer Services Department, Scootwear Ltd, PO Box 179, Benfleet, SS7 9AY.
We shall respond to any communication received by us as quickly as we can.
15 - Law and Jurisdiction
The Agreement shall be governed by and construed in accordance with United Kingdom law and you agree to submit to the non-exclusive jurisdiction of the United Kingdom courts. You are responsible for the compliance with any applicable laws of the country from which you access our website.
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