1. |
ABOUT US
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2. |
YOUR STATUS
By placing an order through our site, you warrant that: (a) you are legally capable of entering into binding contracts; and (b) you are at least 18 years old.
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3. |
WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
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4. |
PRICE AND PAYMENT |
4.1 |
Our site displays the prices of Products. Delivery charges will be as quoted at the checkout. |
4.2 |
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. The correct price will be as quoted at the final stage of the payment procedure. |
4.3 |
Payment for all Products and delivery charges must be made through PayPal when you place your order. You may use your own PayPal account or a well-known credit or debit card except Diners Club and American Express. When you enter the area of the PayPal site where you submit your card information you are in a secure server. |
4.4 |
The total amount of the payment (including delivery charges) will be shown at the final stage of the payment procedure, before you make your secure payment via PayPal. |
4.5 |
A copy of the invoice detailing your order and payment will be incorporated into the address label used to deliver the Products to you. It will also be sent to you by email (see clause 5.1 below). |
4.6 |
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
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5. |
THE CONTRACT AND DISPATCH OF PRODUCTS |
5.1 |
After placing an order, you will receive an e-mail from us notifying you that we have received your order and payment. The email contains the invoice reference number in the header and a copy of the invoice is attached. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail containing the invoice reference number and date of dispatch (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation. |
5.2 |
We fulfil most orders the next working day after you place the order. Large orders may take a little longer so please allow for this when ordering. If we have several, but not all, of the Products of the order in stock we will dispatch those Products in stock, followed by separate dispatch of the remaining Products at no additional delivery charge for you. In this case, the copy of the invoice incorporated into the address label will indicate which Products have not yet been dispatched. |
5.3 |
If we are unable to dispatch Products within 30 days from the day after the day you placed your order, we will inform you before the expiry of that period. If we are unable to agree an alternative delivery date, you are entitled to a refund which we will make as soon as possible. |
5.4 |
Before you sign for delivery of Products from the carrier company, please inspect the package for any indication of damage or the package having been opened. If there is any such indication, please write DAMAGED with any details (including any missing Products) on the carrier's delivery record (on the status section, or similar, under your signature), retain the packaging and contents, and notify us in writing immediately. If you do not do this and we do not receive your written notification within 24 hours of delivery, we are unable to claim from the carrier company, and we will not be liable to you, for any loss or damage.
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6. |
WARRANTY |
6.1 |
Subject to clauses 5.4 and 6.2, we warrant to you that any Product purchased from us through our site will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. |
6.2 |
A colour of a Product may differ slightly from the colour shown on our site, and may vary slightly between Products.
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7. |
CONSUMER RIGHTS AND OUR REFUNDS AND EXCHANGES POLICY |
7.1 |
If you wish to exchange a Product for a different size, you must inform us in writing quoting the invoice reference number and within 28 days of receiving the Product: (a) place a new order through our site for a different size of the Product; and (b) at your own cost return to us the unused Product with its original packaging and invoice reference number. You must take reasonable care of the Product while in your possession and to ensure that the Product is not damaged in transit. We will refund to you the price of the Product (but not its delivery to you) as soon as possible and in any case within 30 days of our receipt of the Product. |
7.2 |
If you return a Product to us because you consider that the Product is defective, we will examine the returned Product and will notify by e-mail within a reasonable period of time whether you are entitled to a refund. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you that you were entitled to a refund. We will refund the full price of a defective Product, any applicable delivery charges and any reasonable costs you incur in returning the item to us. |
7.3 |
If you are contracting as a consumer, you may cancel a Contract within seven working days (beginning on the day after you received the Products) by informing us in writing quoting the invoice reference number. You must return the Products and their original packaging to us as soon as reasonably practicable, and at your own cost. You must take reasonable care of the Products while in your possession and to ensure that the Products are not damaged in transit. We will refund to you the price of the Products and their delivery to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. |
7.4 |
We will usually refund any money due to you using the same method originally used by you to pay for your purchase. |
7.5 |
We cannot be held responsible for Products lost or damaged in transit to us. |
8. |
PRIVACY POLICY |
8.1 |
We use information collected from you to carry out our obligations under the Contract, and we will not disclose your information to third parties other than as necessary to carry out those obligations or to comply with any other legal obligations. |
8.2 |
We may contact you by email with information about our products and special offers, but if you do not want us to do so please notify us by email at sales@swordpricefighters.com.
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9. |
OUR LIABILITY |
9.1 |
Subject to clause 9.2, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and any losses that you suffer as a result of our failure to comply which are a reasonably foreseeable consequence of such failure. |
9.2 |
Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979; (d) defective products under the Consumer Protection Act 1987; or (e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability. |
9.3 |
If you order Products from our site for delivery outside the UK you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
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10. |
EVENTS OUTSIDE OUR CONTROL |
10.1 |
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; and (f) the acts, decrees, legislation, regulations or restrictions of any government. |
10.2 |
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
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11. |
NOTICES
All notices given by you to us must be given to SwordPriceFighters.com at sales@swordpricefighters.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 3 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
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12. |
WAIVER |
12.1 |
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. |
12.2 |
A waiver by us of any default will not constitute a waiver of any subsequent default. |
12.3 |
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 3 above.
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13. |
SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
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14. |
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS We have the right to revise and amend these terms and conditions from time to time You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
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15. |
TRANSFER OF RIGHTS AND OBLIGATIONS |
15.1 |
The Contract between you and us is binding on you and us and on our respective successors and assignees. |
15.2 |
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. |
15.3 |
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
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16. |
LAW AND JURISDICTION Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales. |
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