Terms of Sale
About these Terms of Sale - Updated: May 2, 2017
What these terms cover. These are the terms and conditions which apply to your order for our products made through our website (your "Order"). These terms set out your rights and obligations in relation to the Order as well as some important legal information including what we are liable to you for. What these terms don't cover. These Terms do not cover the purchasing of gift cards or the terms of our loyalty programs. For information about the purchasing of gift cards (including any related terms and conditions) please click here. Information about any loyalty plans we are currently running is available on our homepage. Why you should read them. Please read these terms carefully before you place an Order. These Terms tell you who we are, what our obligations are, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss this. Who we are. Due to the way we structure our business, there are a number of different entities who sell our products to you depending on which webstore you're using. Please see our “Contact Us” page on our website for confirmation of the entity name, address and company details for the exact entity you are being sold products by and entering into a contract with under these Terms (referred to as "we" or "us" throughout these Terms). How to contact us. Please see our "Contact Us" page on our Website for details of how to get in touch with us. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. "Writing" includes emails. When we use the words "writing" or "written" in these Terms, this includes emails.
Our Contract with you
How we will accept your Order. Our acceptance of your Order will take place when we email you to accept it, at which point a binding legal contract will come into existence between you and us. This usually takes place when (or shortly before) your order is dispatched, but will be earlier when you purchase customized or personalized products from us. For customized or personalized products acceptance will take place when we email you confirmation that your order is being processed; it is important to note this as this will affect any right you may have to cancel your Order. If we are unable to accept all or part of your Order, we will inform you of this. This might be because: the product is out of stock; you have pre-ordered a product which we have subsequently decided to not stock or manufacture; there are unexpected limits on our resources which we could not reasonably plan for; you are purchasing products from one of our Pro Sites and:we reasonably suspect that you are not employed by one of our eligible partners; You are entitle to Pro Site discount for one region but are purchasing goods from another region (e.g. Pro Site entitlement for Japan cannot be applied in an EU region); or otherwise that the information that you've provided us about your employment is not correct; we reasonably believe fraudulent activity is being carried out using your details or under your account; and/or we have identified an error in the price or description of the product. These terms are important. Please ensure that you read these Terms carefully, and check that the details on the Order and these Terms are complete and accurate and submit your Order. If you think that there is a mistake or require any changes, please call us to discuss. We generally aim to confirm any changes in writing to avoid any confusion as to what your updated Order is. We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed. Every time you place an Order with us, the Terms in force at the time of your Order will apply to the contract between you and us. We can make changes to these Terms as they apply to your Order. We may only do so where there are changes in relevant laws and regulatory requirements, however. If we have to make any material changes to these Terms, as they apply to your Order, we will give you notice. In such situations we will give you reasonable written notice of any changes to these Terms before they take effect. If you are not happy with the changes you may cancel either in respect of all the affected products or just the products you have yet to receive which form part of your Order. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
Your Order: Cancellations, Warranty, Availability
You may cancel an Order before it is accepted by us. You can cancel your Order by calling us on the number on our “Contact Us” page for the appropriate customer services team. There is a process that you should follow if there is a problem with your Order. If there is a problem with any part of your Order: please contact us and tell us as soon as reasonably possible; please give us a reasonable opportunity to fix it; we will use every effort to repair or fix the defect as soon as reasonably practicable; and you will not have to pay extra for us rectifying any mistakes or problems with your Order under this section if they have been caused by us. You are also entitled to certain rights of refund or return under Part V below. Most of our products are covered by our warranty. Please see here for more information on what our limited warranty covers and what rights it gives you.
Images on our website may be different to products contained within your Order. Images of any products shown on our website are for illustrative purposes only. The contents of your Order may vary very slightly from those images but will always be as they are described on the relevant product page. The packaging of our products may vary from that shown on images on our website.
As a consumer, you have legal rights in relation your Order. We are under a legal duty to supply products that are in conformity your contract with us and nothing in these Terms will affect your legal rights. Depending on your jurisdiction, may have additional rights if your Order is unsatisfactory. For example, you may be entitled to get a repair or replacement for faulty or misdescribed goods during a certain number of days from your date of purchase. A local consumer advice organization will be able to advise you of your rights.
We will provide you with an estimated delivery date during the order process. We may not deliver our products to certain jurisdictions so please see here for more information on any current delivery restrictions. The costs of delivery will be as displayed to you on our website during the order process. Generally, shipping is handled by a third party courier. All Orders placed with us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Order passes to you upon our delivery of the Order to the third party courier.
Customers Located Outside of the U.S.: Our prices include VAT/sales tax. However, if the rate of VAT/sales tax changes between the date of the Order and the date of delivery or performance, we will adjust the rate of VAT/sales tax that you pay, unless you have already paid for the Order in full before the change in the rate of VAT/sales tax takes effect.
We will pass on changes in the rate of VAT. If the rate of VAT/sales tax changes between your order date and the date we supply your Order, we will adjust the rate of VAT/sales tax that you pay, unless you have already paid for the product in full before the change in the rate of VAT/sales tax takes effect.
Customers Located in the U.S.: We will collect applicable sales tax on Order shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we reserve the right to reject the order, or we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you as part of your Order.
You will not be charged for your order before we dispatch your order. Our accepted methods of payment will be shown on the order page during the order process. Please be aware that accepted payment methods may vary country by country and are subject to review and removal by our third party partners. Unless you have purchased customized or personalized products, we will not charge your credit or debit card until we dispatch the products to you. We also reserve the right to instead charge part of the payment upon dispatch and then the balance of the payment upon or after delivery. We will charge you for customized or personalized products following acceptance of your Order (see section "How we will accept your order" above). By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your Order (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your account, you can do so by logging into your account and editing your payment information.
Shipping and handling. You agree to pay any shipping and handling charges shown at the time you place your Order. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase.
We use a third party to process our payment. We currently use the following third party payment providers to provide secure payment services in relation to any transactions entered into using our online checkout depending on which website you are purchasing from:
These payment providers may change over time, however.
Refunds and Cancellation
You have the right to return products to us within 30 days of you receiving them for any reasons (subject to some restrictions and conditions of course). Unless one of the exceptions listed below applies, you may cancel your purchase without giving any reason within 30 days from the date on which you receive the product (or for a purchase of multiple products, the day on which you received the last product). Please see our Returns page for how to return products to us or any enhanced rights you may enjoy which apply based on your country of residence.
Our 30 day return right does not apply in all circumstances. It will not apply in the following situations: after delivery, you unseal sealed products which are unsuitable for return due to health protection or hygienic reasons; after delivery, you unseal sealed products containing software programs or audio or video recordings (such as DVDs and CDs); the products are customized/personalised; and/or the products purchased are liable to deteriorate or expire rapidly.
How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below. If you have returned the products to us because they are faulty or mis-described, we will refund the price of the applicable product(s) in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
Deductions from refunds if you are exercising your 30 day right to change your mind. If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns page for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
When your refund will be made. We will make any refunds due to you within reasonable time and in accordance with the timings set out on our Returns page We also have rights to cancel in certain situations. We may have to cancel an Order before it is delivered to you due to an Event Outside Our Control (see "Events Outside of Our Control" below) or if specific terms are disclosed to you at the time of Order if you are ordering from our Pro Sites. If this happens: we will promptly contact you to let you know; and if you have made any payment in advance for the Order and the Order has not been provided to you, we will refund these amounts to you.
Obligations and Restrictions
We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these terms that is caused by an Event Outside Our Control. An "Event Outside Our Control" means any act or event beyond Our reasonable control. Some examples of this include strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
We will keep you informed if an Event Outside of Our Control takes place which effects your Order. If an Event Outside Our Control takes place that affects the performance of our obligations under these terms: we will contact you as soon as reasonably possible to notify you; and unless we cancel your Order (see "We also have rights to cancel in certain situations" above) our obligations under these terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Other important information
Our websites are controlled, operated, and administered by us from regional hubs. As such, we are subject to a range of export and trade restrictions and we reserve the right to restrict sale of our products to only countries which are not subject to sanctions or export controls applicable to the relevant region from which you are supplied without liability to you. We further reserve the right to refuse to accept an Order from you in the event that you become the target of export control laws and regulations or trade sanctions of any particular region from which we operate including Canada, the European Union and the United States of America (for example, your identification as a Specially Designated National by the United States of America Department of the Treasury or as a Designated Person by the United Kingdom Her Majesty's Treasury). You represent and warrant that: (a) you are not named on any U.S. government list of persons or entities prohibited from receiving U.S. exports, or transacting with any U.S. person; (b) you are not a national of, or a company registered in, any jurisdiction where the provision of our services is prohibited by law; and (c) you will comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you are located.
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. Any right and licenses granted may not be transferred or assigned by you without our prior written consent.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, illegal or unenforceable, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings.
Dispute Resolution; Binding Arbitration; Governing Law and Venue
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with us and limits the manner in which you can seek relief from us. Except for small claims disputes in which you or we seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or we seek injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and we waive both of our rights to a jury trial and to have any dispute arising out of or related to these Terms resolved in court. Instead, all disputes arising out of or relating to these Terms will be resolved through confidential binding arbitration held in Multnomah County, Oregon in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and we agree that any dispute arising out of or related to these Terms is personal to you and us and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Any claim arising out of or related to these Terms must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and we will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section by sending an email to email@example.com.. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the following paragraph.
These Terms, including any dispute or claim arising out of or in connection with these Terms (including non-contractual disputes or claims) are governed by and shall be construed in accordance with Oregon law, without regard to conflict of law rules or principles (whether of Oregon or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Oregon and the United States, respectively, sitting in Multnomah County, Oregon.
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