TERMS AND CONDITIONS
(Last Updated 20.10.2011)
Welcome Unique Inspirations website (the "Site") registered as www.unique-inspirations.co.uk Also known as Unique Inspirations Designer Wear on Facebook, the official Facebook page registered as www.facebook.com/unique.inspirations.
1 YOUR ACCEPTANCE
1.1 These terms and conditions will be asked to be agreed on before purchases but not limited to, you must read these as you will be bound by its term should you decide to purchase from us. These T & C’s also form the general terms of the whole site and us.
1.2 If you do not accept these Terms and Conditions, you cannot purchase any of the products offered on the Site.
2.1 Unless the context requires otherwise the following definitions shall apply to these Terms and Conditions:
"Content" means the textual and graphic content of the Site including but without limitation to, text, graphics, images, photographs, sounds, music, video, animation, characterisation and trademarks;
"Database" means an electronic database in which details relating to you and/or your use of the Site may be stored for the purposes for providing a service to you;
"Intellectual Property Rights" means all intellectual property rights including but not limited to all registered and unregistered trademarks, patents, service marks, trade secrets, design rights (whether registerable or otherwise), applications for any of the foregoing, copyrights and other rights in works of authorship (including rights in computer software), moral and artists' rights, semi-conductor topography rights, database rights, know-how, trade or business names and other similar rights or obligations, whether registerable or not, in any country (including the United Kingdom) for the full term of the rights together with any extensions or renewals;
"Price" means the price for the Products as offered on the Site or otherwise notified to you by us from time to time;
“Products” means the products we agree to supply to you under these Terms and Conditions.
“Registration Form” means our standard form request for information, completion and submission of which being your application for the services we offer to the applicant namely you.
•“Us” and “We” and “Our” refers to Unique Inspirations as a company.
•“You” “Your/s” refers to Yourself as an individual or any such company you trade as. Also refers to any information you provide to us at time of registration, purchasing, subscribing and contacting us which identifies you.
•“Site” refers to any URL under the domain or subdomain of unique-inspirations.co.uk. AND also refers to facebook.com/unique.inspirations whereever stated in these terms and conditions..
3 REGISTRATION & PURCHASING
3.1 In order to purchase any of the Products from the Site you must register with us by completing and submitting an online registration form. It normally registers automatically and your account is setup immediately. We have the right to cancel any account at any time without justifying or reasoning if we feel it’s a risk to security or your credibility as a purchaser.
3.2 Your order is only accepted once we have an order confirmation document detailing your purchased service and/or product clearly showing authorized and accepted payment via your chosen payment method. We then have a contract under these terms and conditions on this page. You should print a copy of this for your records.
3.3 We reserve the right to decline your purchase request for any reason pre or post payment. In this case a refund will be made within 28 days via the same method you paid where possible.
4 PRICE & DELIVERY
4.1 The Price of the Products are in pounds sterling and are expressed inclusive of Value Added Tax ("VAT") (where applicable) which is charged at the then prevailing rate.
4.2 All products, service & prices whether under offer or not are all subject to availability and change at any time by us on our site.
4.3 All deliveries to UK Mainland are included in the price at no additional cost to you, unless otherwise stated in the product description, title or offer on our internal or external ads and on our site.
4.4 We ship worldwide to most countries, to the list of countries that show on the checkout page when selecting postal address. Postage charges to anywhere outside UK will incur a delivery charge + VAT (if applicable) which during checkout will be applied into the total price.
4.5 Any customs or taxes charges incurred within the UK exporting or in your country importing but not limited to are all your responsibility to be paid by you. We are not responsible for these charges at any time these costs are your additional costs.
4.6 Damage caused by third party delivery couriers are not our responsibility, one your order is purchased, paid and dispatched the responsibility is yours to take any issues up regarding damage to your item with the delivery company.
5 ORDER ACCEPTANCE
5.1 This contract will be in place once the confirmation of the order has been created as detailed to you in clause 3.2 of these terms and conditions. We still have the right to exercise clause 3.3 of these terms and conditions.
5.2 If you wish to not proceed with your order before or at the checkout, then you must remove the items from your basket to do so and make sure you do not proceed to checkout and make payment, if payment is authorised and charged then you are bound to these terms and conditions.
5.3 We have the right to not accept any confirmed order if we feel there is fraudulent activity or any sort of credit card scam, we will cancel and terminate the contract immediately. We also have the right to cancel without any disclosed reason or any at all.
6.1 All payments must be made by any method accepted by us prior to delivery of goods, no payment then no sale. All payments are subject to authorisation by us, your bank or your credit card issuer depending on payment mode chosen at checkout either online or by phone.
6.2 We will not be responsible for un-authorised use of your personal and transactional information that is provided to us whilst you place your order.
6.3 Any information visible by you on our site is protected by a secure Geotrust Certified 256bit SSL server layer provided by RapidSSL. We use PayPal (Europe) S.à r.l. & Cie, S.C.A to process credit card information. We do not store credit card details nor do we share customer details with any 3rd parties whilst taking orders online or by phone.
6.4 We accept payment by credit/debit card and bank transfer, online checkout or by phone for credit/debit card payments. If you choose bank transfer you have accepted that you will pay using the order instructions during checkout. We will not send an order confirmation until payment is received in our bank and we have received your acknowledgement.
6.5 We always have the right to assume that you have authorised any third party to use your credit card details to place an order with us to purchase should an order be placed. You are solely responsible for your cards protection and privacy at all times. You are responsible for the price and payment of the order.
6.6 Once your order is submitted, you also give us full authority to obtain information from third parties from time to time, such as but not limited to your personal information such as details you provided on registration, payment or any information we hold on you. We may contact credit reference agencies and check credit reports, to identify you and authenticate or validate credit/debit or bank details for payment of our products and/or service.
6.8 Credit/debit card payments will be taken immediately at purchase unless your card issuer declines for any reason, then you will have to find alternative method yourself to complete the payment such as a different credit/debit card or bank transfer or any other payments we may have at the time of your checkout.
6.9 If you use bank transfer then we must receive a payment within 3 working days. If we do not receive the acknowledgment and the payment within 3 working days you will be charged a fee of £5 per working day thereafter for stock being held for you and goods not paid for. If we are contacted by you within the 3 days to explain when and why the delay will happen then it is our discretion to waiver the fee.
6.10 We do not offer any products on credit or finance on our site.
7 YOUR RIGHTS OF CANCELLATION
7.1 Under the Sale of Goods Act 1979 (and subsequent amendments) you have the right to a ‘cooling off period’ explained in clause 7.2.
7.2 As soon as delivery is taken at the address it was posted to, you have 7 days to return the item to us filling out the RMA form on out site. You must enclose the reason and details of your order and the cancellation and return will be upon discretion to us checking that all labels and tags are intact and the item is opened. If you have opened the packaging you must retain all packets, tags and labels and we should receive it ‘as new’ condition. If we accept the cancellation we will relieve ourselves of any money owed to you. Delivery charges are non-refundable and the return carriage is also your own responsibility we must receive the goods using a signed for courier service which requires our signature. We will inform you of our decision either way within 5 working days of receiving the goods back.
7.3 Any cancellations or refunds other than in accordance with the cooling-off period referred to above will not be allowed unless at our discretion you must contact us and raise an RMA request.
8 OUR RESPONSIBILITIES
8.1 Subject always to these Terms and Conditions, we shall:
8.1.1 Keep the site uptime 24/7 where possible, our servers are hosted on a third party secure server location which is beyond our control if you experience this then please understand it is not our liability. We will resume as quickly as possible.
8.1.3 Keep our servers SSL Secure at all times when sensitive data is on screen and to provide a robust layer of protection against prying eyes and hackers.
8,1.4 To do our level best to maintain the site with latest prices and offers. Although any information about products/services on our site are correct at time of publish and can be changed without prior notice whether you are a member or not totally at our discretion.
9 YOUR RESPONSIBILITIES
9.1 You acknowledge and agree that:
9.1.1 You as the account holder/member on our site are responsible for any payments due on your account to which we feel that you have authorised. Whether that is with your payment details or that of a third person with their consent or not on your behalf, if the third person disputes the transaction for your purchase, you are still held responsible for those liabilities and subsequent consequences. This will be your and the third party issue.
9.1.2 If for any reason you believe or find out that a person or third party as represented as being you or connected in any way to you and registered or purchased a product on your behalf without your prior consent or authorisation, this is your responsibility to protect your own identity.
9.1.3 You must keep your information up to date at all times such as name, address, contact details, telephone numbers and emails or any other data required by us to maintain your account with us as newsletters, subscriptions, orders will only be sent to what has been provided by you.
9.1.4 You must pay but not limited to the purchase price plus all additional costs incurred as shown without any counterclaims set offs or deductions to the totals.
9.1.5 You must comply when placing your order with us and understand that this agreement may change from time to time without notice and it is your responsibility to check regularly.
9.1.6 We expect you to follow our code of conduct when using this site.
9.1.7 You have checked the product thoroughly for any damage and promptly report within 24 hours of acceptance of the delivery by you or a representative.
10 CHANGES TO THE SITE
10.1 We have complete rights to change the sites contents from time to time and we can add or take away from it any functionality which currently exists at the time of this agreement being contractual with you.
10.2 We may change prices at any time and the prices on this site, they are final and cannot be matched or compared to any of our other channel prices such as Facebook offers.
10.3 We can add or end any method of payment and as such this may result refunds paid back via available methods at the time of the refund.
11.1 We can suspend your account without prior notice, meaning your use/access to the website and your membership with us in situations such as;
11.1.1 Solely in our discretion we feel that due to your actions we may become a part of or a liability to third parties, result in abuse, slander to us, or public losses to us. We also may suspend your account if we feel we need to investigate fraudulent activity either with our own intelligence or with third party intelligence that we have been informed of about you. We may also from time to time suspend accounts for random security checks on data and information held about you, but not limited to as we may also suspend for third party investigations from government authorities such as the police, HM revenue and credit reference agencies etc. ; or
11.1.2 You fail to pay sums of your purchases or services given to you by us within timescales.
11.2 We may suspend your account/s held in your name or any trading names for as long as so called required given that this contract is still in place and has not ended or been terminated as a result of suspension.
11.3 You are still obliged to pay any monies due on your account/s by you even whilst your account is in suspension under clause 11.
12.1 We can terminate and end your account/s or purchases with us on our site at any time subject to section 11 being exercised without disclosing any information should we need to protect our interest.
12.2 If the account is terminated any monies you owe will still be a liability upon you to pay it back. If your account balance is in credit and you have not received delivery of the goods or item is not already dispatched, you will be entitled to some or all of the sum back.
12.3 Without the effect of clause 12.1 and 12.2 we may also terminate the account totally at our discretion by giving you a written notice of;
12.3.1 you or any third party associated with you making material breaches to any part of these terms and conditions whether it’s a single material breach or consecutive breaches we will immediately terminate your account. Where possible we will write to you if the breaches can be remedied by you or third parties involved then you will have 14 days to do so in a written reply or however possible dependant on nature of breach/s, else your contract will be permanently deleted, terminated.
12.3.2 you having breached these terms and conditions to a point where it is not possible to remedy;
12.3.3 insolvencies affecting you or;; or
12.3.4 We are affected and suffer by ‘force majeur’ detailed herein these terms and conditions.
12.4 If we terminate your account, it does not relieve you of any rights and responsibilities should they still exist after termination.
13 LIMITATION ON LIABILITY
13.1 We are not liable to you or any third party for your loss (in any way)made by a purchase through us, or by use of the site (in any way) whether directly or indirectly, this is in light of the maximum permitted by law.
13.2 This site is made available to you and third parties on an “as is” and “as available” basis, we do our level best commercially and with compassion to keep this site up and running. We do not warrant, guarantee or represent site uptime; you agree that the site may be unavailable at times due to internet and computer server faults beyond our control. We will not be liable for any losses to you of any kind from the site while it is down.
13.3 You also acknowledge that any information provided by third parties on our site we do not represent or guarantee, warrant any of the information provided to us that we may show or communicate to you.
13.4 The maximum liability to you is the price of purchases or services under these terms and conditions. We will have liability to issues affecting you only, if it is, of our direct negligence to you.
13.5 You shall indemnify for all costs, including legal, claims, damages and expenses whether it is indirectly or directly out of any claim from any third party, to which the third party have a connection with your use of our site, Unless, it is solely and directly of our own negligence.
13.6 We do not warranty guarantee or indemnify any product or service to suit the purpose you have chosen to buy it for. We may offer you benefits to you which have been expressed to us by a third party only.
13.7 No warranty is given that:
13.7.1 Our site is virus free and/or any software document file picture, or any other site we are linked to or from;
13.7.2 The materials on our site will be correct accurate or complete in all respects unless otherwise stated within these terms and conditions and also any warranties implied by law regarding any issue without limits;
13.7.3 That our products are fitted to your purpose;
13.7.4 that the information contained on the Site constitutes professional advice or a recommendation for any particular service.
14.1 You agree that you will on demand fully indemnify us and keep us that way from and against any claims, threatened or made against us due to your non-compliance or negligence with any representations, warranties or obligations set out in your purchase/order or these terms and conditions.
15 INTELLECTUAL PROPERTY RIGHTS
15.1 We are the owner or the licensee of all Intellectual Property in the Site, in the material published on it, and in the documents and other content of the Site. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
16 LINKING TO AND FROM THE SITE
16.1 Links to any third party websites on the Site are provided solely for your convenience. Using these links will navigate you away from the Site. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability and you use such third party websites entirely at your own risk.
17.1 Dates for delivery of the Products and or Services are an estimate only and time is not of the essence.
17.2 You shall be responsible for inspecting the Products on delivery for any apparent defects or errors. If any defects are discovered during this inspection, you must notify us immediately, you will have 24 hours from accepting the delivery to report the defect, you must fill out an RMA on our site. Anybody presenting themselves as acting on your behalf in order to inspect or accept delivery of the Products shall be deemed to be your representative and as such has all relevant authorities to accept the Products on your behalf.
17.3 If you do not accept the Products for any reason other than as set out above we will store them at your expense, charging a daily storage rate of £10.00.. In such an instance you will be responsible for redelivery postage charges. We will not be liable for any damage to the Products while they are in storage or transit.
17.4 Risk and Liability of the products is yours as soon as we have booked the delivery and the item has left our premises. Any ownership of the products is ours until the payment due is paid in full regardless of the delivery have taken place or not.
17.5 No payment and then no delivery, this is exercised at all times regardless of your circumstance.
17.6 Delivery of Products shall be made by a courier of our choosing.
17.7 Further information can be found in our Delivery Information document which can be found on the Site.
18 REFUNDS AND RETURNS
18.1 Replacements will only be issued if there is a manufacturing fault found when you first receive your order and you have 24 hours to report any defects using the RMA form on our site or else we will not accept a refund on the basis of damage. You are responsible to check the goods properly when you have taken delivery.
18.2 Subject to clause 18.1 we will only accept an application of return after you have filled a RMA form and this will be assessed for a final decision you will be informed within 5 working days of you having reported the defect or fault.
18.3 We are not responsible under all of clause 18 for any products loss when being returned to us.
18.4 If returning within the ‘cooling off’ period only unworn (if appropriate) products returned in their original packaging will qualify for a refund. We shall charge a restocking fee at two different charges if the product is unopened and intact with all labels we will charge a 10% restock fee. If the product has damage, missing packaging marks and defects or missing any labels we will charge a restocking fee of up to 50% of the price as we cannot resale in a as new condition if at all.
18.5 We reserve the right at our sole discretion to offer a refund of the Price instead of a replacement of the Products where Products are returned to us.
18.6 If you have found a fault or damage to the product after the 24 hours given to report it then you will only be able to return in act with clause 18.4 and will be charged a restocking fee. Whatever is finalised will be decided at our discretion and on receiving an completed RMA form.
19.1 You shall not assign or otherwise dispose of all or any of your rights or obligations under these Terms and Conditions without obtaining our prior written consent.
20.1 Any notice required to be given under or in connection to these Terms and Conditions shall be in writing, signed by or on behalf of the party giving it and shall be served by pre-paid first-class post, recorded delivery or registered signed for post to the latest address on your account and for the attention of the relevant party notified for such purpose, or to such other address as that party may have notified to the other party in accordance with this clause 20.
20.2 A notice shall be deemed to have been received in the case of pre-paid first-class post, three Working Days from the date of posting;
20.3 A receipt will be retained showing your post code when using royal mail signed for service which will be sufficient enough for you to believe that we have written to you and given you reasonable notice.
21.1 Our failure or neglect to exercise any of our rights or remedies under these Terms and Conditions should not be construed as a waiver of our rights nor in any way affect the validity of the whole or part of these Terms and Conditions nor prejudice our right to take subsequent action.
22.1 If any part of these Terms and Conditions are held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, that part shall be severed without effect to the remainder.
23 ENTIRE AGREEMENT
23.1 These Terms and Conditions together with any documents on the Site constitute the entire agreement and understanding between you and us in respect of the matters dealt with in them and supersedes, cancels and nullifies any previous agreement between you and us in relation to such matters notwithstanding the terms of any previous agreement or arrangement expressed to survive termination.
23.2 You acknowledge and agree that, in placing an order you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or undertaking (whether negligently or innocently made) other than as expressly set out in these Terms and Conditions.
24.1 The headings are for convenience only and shall not affect the interpretation of these Terms and Conditions.
25 USE OF THE SITE
25.1 You or a third party on your behalf must not misuse the Site.
25.2 In accepting these Terms and Conditions you or a third party on your behalf agree you/they will not:
25.2.1 Commit or encourage a criminal offence;
25.2.2 Transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
25.2.3 Hack into any aspect of the Service;
25.2.4 Corrupt any data and or information;
25.2.5 Cause annoyance to other users;
25.2.6 Infringe upon the rights of any other person's proprietary rights;
25.2.7 Send any unsolicited advertising or promotional material, commonly referred to as "spam"; or
25.2.8 Attempt to affect the performance or functionality of any computer facilities of or accessed through the Site.
25.3 You agree that you shall fully indemnify and keep us fully indemnified against any breach of your obligations under this clause 25.
We reserve the right to change or amend these Terms and Conditions at any time and without prior notice. You will be taken as accepting the then current Terms and Conditions each time as a separate contract when you choose to order a Product or use the Services.
27 EXCLUSION OF THIRD PARTY RIGHTS
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and Conditions and no person other than you and us shall have any rights under them nor shall they be enforceable under that Act by any person other than you and us.
28 FORCE MAJEURE
28.1 We shall not be considered to be in default of these Terms and Conditions or liable to you by reason of any delay or failure in the performance of our obligations under these Terms and Conditions if caused in whole or in part by any act, omission or circumstance beyond our control (an Event of Force Majeure).
28.2 An Event of Force Majeure shall include, but not be limited to, an act of God, flood, storm, fire, war, terrorist act, riot, strike or other industrial action, act of Government, breakdown of machinery, shortages of materials, or a delay or failure on the part of any sub-contractor, supplier or carrier of goods or materials relating to these Terms and Conditions.
28.3 We shall endeavour to resume performance of our obligations as soon as the Event of Force Majeure has ceased.
28.4 If an Event of Force Majeure continues for a period of more than 1 month from the date of its commencement either you or us shall be entitled to terminate any contract between us immediately on
notice to the other without liability except for any rights and liabilities which have accrued up to the date of termination of our contract.
29 GOVERNING LAW AND JURISDICTION
29.1 These Terms and Conditions and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to them or their formation shall be governed by and construed in accordance with the laws of England.
29.2 Both we and you irrevocably submit to the exclusive jurisdiction of the courts of England to hear and determine any suit, action or proceedings or settle any disputes arising out of or in connection with these Terms and Conditions.
30 GENERAL TERMS
30.1 You acknowledge and agree that any review, feedback or rating which you leave on the Site may be published and used by us and or any affiliate companies for any purpose.