READ CAREFULLY. These Terms & Conditions apply to use of the LondonCufflinks.co.uk website located at http://www.LondonCufflinks.co.uk (the “Site”). The Site is the property of LondonCufflinks.co.uk Before you make any purchases, you must first establish a customer account (“My Account”).
BY REGISTERING AND SUBMITTING ORDERS YOU AGREE TO THESE TERMS & CONDITIONS. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.
LondonCufflinks.co.uk reserves the right, at its sole discretion, to change, add or remove portions of these Terms & Conditions, at any time. It is your responsibility to check the Terms & Conditions each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the Terms & Conditions, which shall apply until we post a modified Terms & Conditions and then in accordance with such modified Terms & Conditions. As long as you comply with these Terms & Conditions and any such modifications, LondonCufflinks.co.uk grants you (“End User”) a personal, non-exclusive, non-transferable, non-sub licensable, limited privilege to enter and use the Site.
1. Content; Copyright and Trademark Notice All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, “Content”), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to LondonCufflinks.co.uk, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Terms & Conditions, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without LondonCufflinks.co.uk’s prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and LondonCufflinks.co.uk reserves all rights not expressly granted hereunder. LondonCufflinks.co.uk expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.
2. Registration; Customer Accounts; Use of Site Certain services offered on or through the Site require you to first open an Account. You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your account. You agree to notify LondonCufflinks.co.uk immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by LondonCufflinks.co.uk or any other user of the Site due to someone else using your password or customer account. You may not use anyone else’s password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer My Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your My Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site. You also agree that LondonCufflinks.co.uk may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others’ attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of this Terms & Conditions, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that LondonCufflinks.co.uk will not be liable to you or to any third party for termination of your access to the Site.
4. Consent to Our Communication with You by E-Mail By establishing an Account with us, and each time you make a purchase through our Site, you grant permission for LondonCufflinks.co.uk to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us at sales@LondonCufflinks.co.uk or follow the procedures set forth in your account section.
5. Conditions of Sale and Payment Terms To purchase any goods and/or services on our Site, you must (a) be at least sixteen (16) years of age, (b) be a natural person (no corporations, partnerships or other legal entities). Prior to the purchase of any goods or services on our Site, you must provide us with a valid payment method either cash, cheque, PayPal or valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable.
6. Methods of Payment, Credit Card Terms and Taxes All payments must be made before the goods are actually sent, either by cash, cheque, PayPal or a valid Credit/Debit card. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms & Conditions to determine your rights and liabilities as a cardholder. YOU, AND NOT LONDONCUFFLINKS.CO.UK LTD, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify LondonCufflinks.co.uk of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If LondonCufflinks.co.uk does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by LondonCufflinks.co.uk or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
7. Order Acceptance Policy Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. LondonCufflinks.co.uk reserves the right at any time after receipt of your order to accept or decline your order for any reason. LondonCufflinks.co.uk further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by LondonCufflinks.co.uk upon our delivery of products or services that you have ordered. We may require additional verifications or information before accepting any order. LondonCufflinks.co.uk is a reseller to end users and does not accept orders from resellers, exporters, wholesalers, any businesses of any kind or other customers who intend to resell.
7. No Responsibility To Sell Mispriced Products Or Services LondonCufflinks.co.uk shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. LondonCufflinks.co.uk shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, LondonCufflinks.co.uk shall immediately issue a credit to your credit card account in the amount of the charge.
8. Modifications to Prices or Billing Terms LONDONCUFFLINKS.CO.UK RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
10. Price Comparisons, “RRP” and “You Save” Price comparisons may be made throughout the site to indicate the relative savings amounts of our pricing. “RRP” is the suggested retail price provided to us by our suppliers. We make no representation that a substantial number of these products have been sold or offered for sale at the rrp. Actual retail prices in your area may be substantially different. Because we sell our merchandise over the internet on a national basis, it is not possible to know if our merchandise is sold at rrp in any particular location or at any particular time. “YOU SAVE” reflects the difference between our price and the supplier provided rrp shown on our sites. Because the rrp may be different than the actual retail prices in your area, you may not actually realise a savings of this amount and may want to make an exact comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase.
11. Service and Support for Goods Sold All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.
12. Indemnification You agree to indemnify and hold harmless LondonCufflinks.co.uk and its parents, sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or related to your violation of this Terms & Conditions, or your violation of any law, regulation or third-party right.
13. Disclaimer of Warranties THE SITE, PRODUCTS, SERVICES, CONTENT, DIGITAL DOWNLOADS, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED “AS IS” and “AS AVILABLE” basis and are subject to change at any time without notice to you.
14. LIMITATION OF LIABILITY THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT AND/OR DIGITAL DOWNLOADS REMAINS WITH YOU. IN NO EVENT SHALL LONDONCUFFLINKS.CO.UK OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THESE TERMS & CONDITIONS OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT AND/OR DIGITAL DOWNLOADS, WITH THE DELAY OR INABILITY TO USE THE LONDONCUFFLINKS.CO.UK SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE LONDONCUFFLINKS.CO.UK SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF LONDONCUFFLINKS.CO.UK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS & CONDITIONS OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT LONDONCUFFLINKS.CO.UK SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO LONDONCUFFLINKS.CO.UK BY END USER. YOU ASSUME ALL RISK OF LOSS FOR SHIPPED PRODUCTS. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF LONDONCUFFLINKS.CO.UK. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESETERMS & CONDITIONS) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
15. General No delay or failure to take action under these Terms & Conditions shall constitute any waiver by LondonCufflinks.co.uk of any provision of these Terms & Conditions. If any provision of these Terms & Conditions is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of these Terms & Conditions will continue in full force and effect. These Terms & Conditions will bind and inure to the benefit of LondonCufflinks.co.uk’s permitted successors and assigns. Any claim under these Terms & Conditions must be brought within one (1) year after the cause of action arises. These Terms & Conditions are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms & Conditions shall be null and void. LondonCufflinks.co.uk may freely assign these Terms & Conditions without consent or notice. These Terms & Conditions (including all documents expressly incorporated herein by reference, including but not limited, to the relevant Usage Rules) constitutes the complete and exclusive agreement between LondonCufflinks.co.uk and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
Last modified: September 30, 2005