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These are the terms and conditions, upon which Silverhairs Limited trading as Silversurfers (we) will sell the products (Products) listed on shop.silversurfers.com (Site) to you through our fulfilment partner DC Thomson & Company Limited. Your purchase of any Products, whether such Products are bought online via the Site or over the telephone is subject to these terms and conditions and by placing an order for any Products, you agree to be bound by them. These terms only apply to sales to consumers – if you wish to make any business purchases of our Products please contact email@example.com.
If you do not agree to these terms and conditions, please do not purchase any Products.
We may change these terms and conditions from time to time by changing them on the Site. By continuing to purchase Products you accept these changes and agree to be bound by them. It is your responsibility to check the terms and conditions each time you purchase any Products from us.
From time to time we may offer special offers or temporary promotions for our Products on the Site. These may be subject to additional terms and conditions, which we will let you know about in those offers.
The advertisement of Products on the Site is an invitation to treat only and any order from you constitutes an offer to us to buy such Products. All orders are subject to acceptance by us. There will be no contract between you and us unless and until we accept your order in accordance with the procedures detailed in these terms and conditions.
The terms and conditions contain the following sections:
Applicability of these terms and conditions
How to purchase Products from the Site
How to purchase Products by post
Your personal information
Age of consent
Price and payment
Title and risk
Our rights to withdraw Products
Applicability of these terms and conditions
These terms and conditions only apply to the purchase of Products by consumers, whether such Products are bought online via the Site or over the telephone.
All orders are subject to acceptance by us.
How to purchase Products from the Site
You can choose to register with the Site, but you do not have to in order to purchase a Product from it. If you do register, it will make the process of making a purchase quicker the next time you use the Site. In registering, you will be providing certain personal information to us.
Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the submit order button on the checkout page. You will also have to agree to these terms and conditions before you can place your order.
You will then be transferred to a secure third party payment gateway to process your payment details.
We will then send you an initial acknowledgement by email and once we have checked whether we are able to meet your order and whether payment has been successful, we will either send you an order confirmation by email (order confirmation) (at which point a contract between you and us shall be formed), or alternatively, we will confirm by email that we are unable to meet your order. Where we are unable to accept your order due to the requested Products being out of stock or unavailable, we will aim to advise you when we expect the requested Products to be in stock/available and you will be given the opportunity to proceed with the order or receive a full refund. If you want to proceed with the order notwithstanding that there will be a delay in delivery of the Products due to them being out of stock or unavailable, we will send an order confirmation at which point a contract between you and us shall be formed. After entering into the contract, we will be under legal duty to supply you with Products that are in conformity with the contract.
Once the order confirmation has been sent to you, we will deliver the Products in accordance with the relevant delivery section below.
Your personal information
When you purchase Products from us, whether from the Site, over the telephone or by post, you will need to provide us with certain personal information to enable us to process your order.
Any personal information which you provide to us when you register with the Site or purchase Products must be true, accurate, current and complete in all respects. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use when purchasing goods. You will notify us immediately of any changes to any personal information supplied to us.
Age of consent
Although you may be able to register as a user of our Site if you are under 18 please note that we do not sell Products to under 18s. All Products must be purchased by an adult of 18 or over using their own account details.
By submitting an order, you are confirming to us that you are 16 or over.
If we discover or are of the opinion that you are not legally entitled to order Products, we shall be entitled to cancel the order immediately, without notice to you.
Price and payment
All prices are inclusive of VAT where applicable at the current rates.
Prices include delivery costs.
All prices are correct at the time they are given. Prices and delivery charges are liable to change at any time but changes will not affect orders for which you have already paid.
The Site and publications contain a large number of Products and it is always possible that some of the Products listed may be incorrectly priced. We will verify prices as part of our sale procedures so that the correct price will be stated when you pay for the Products. We will also confirm the price to you when you submit your order using the telephone. If we discover a manifest error with our prices then we may cancel your order and refund you.
When making a purchase via the Site, you can pay using a credit or debit card through our secure third party payment gateway. All credit/debit card purchases are subject to validation checks (which you consent to) and authorisation by the card issuer. If the issuer of your payment card refuses to or does not for any reason authorise payment to us for a particular purchase, we will not accept your order. Please note that it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
Payment options relating to purchase via the telephone or by post are set out in the relevant sections above.
Your order will be fulfilled by the delivery date set out in the order confirmation or, if no delivery date is specified, then within 30 days of the date of the order confirmation or the date the contract between you and us was concluded, unless there are exceptional circumstances.
We reserve the right to refuse to deliver in certain areas from time to time.
Products comprised within the same order cannot be delivered to different addresses.
Deliveries will be made to your door. Our delivery team will not be responsible for any additional carrying, unpacking or positioning of Products. If you order a large, heavy or bulky Product, you are advised to check that its dimensions (allowing for packaging) will allow it to pass freely through the doorways and corridors of the delivery address.
Our delivery teams will use their reasonable efforts to arrange delivery but if they are unable to do so, your order will be cancelled and you will be refunded by way of the original payment method, unless otherwise agreed. We reserve the right to impose storage and/or re-delivery charges if you are not present to take delivery.
We shall use our reasonable endeavours to meet any date agreed for delivery, but we will not be liable for any losses, costs, damages or expenses incurred by you or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
Delivery of the Products shall be made to the delivery address specified in the order and you shall make all arrangements necessary to take delivery of the Products whenever they are tendered for delivery.
Delivery outside the United Kingdom
Any restrictions on delivery locations are as stated on the Site. We reserve the right to refuse to deliver in certain areas from time to time.
If you order Products for delivery outside the United Kingdom, they may be opened and inspected by customs authorities and 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.
Please also note that 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.
Title and risk
Products ordered will be at our risk until they come into your physical possession or the possession of a third party nominated by you to take possession of the Products. Ownership of the Products will also pass to you on delivery, provided we have received full payment of all sums due in respect of the Products, including delivery charges. By placing an order you are authorising us to accept signature from another person at your address on your behalf if you are not present.
Cooling Off Period
If you change your mind about your order which is made by post, telephone or online via our Site, you may cancel your order at any time before your order is delivered and up to fourteen days afterwards, beginning on the day after you receive the Products. In this case, you will receive a full refund of the price paid for the Product in accordance with our refunds policy (set out below).
To cancel an order, you must inform us:
- in writing, either to the address noted at the end of these terms and conditions or by emailing us at firstname.lastname@example.org giving us your name, address and order reference.
- by telephone by calling us on [insert], giving us your name, address and order reference; or
- by completing our Cancellation Request Form available on the Site here and returning it to the address specified in that form.
You must also return all Products that you have received to us with the original packaging within fourteen days after the day of notifying us of the cancellation, and at your own cost and risk. Returned Products must clearly show the order number obtained from us on the package and should be sent to the address noted at the end of these terms and conditions.
You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration from you, up to the price of the Product, from the refund to which you are otherwise entitled.
You will not have any right to cancel a contract for the supply of any of the following Products:
- perishable items or cosmetic grooming products or other items which cannot be returned for health or hygiene reasons;
- audio and/or visual recordings or computer software or hygiene sealed items in each case where the sealed packaging has been opened; or
- Products that have been customised or made to your own specifications;
unless such Products were damaged or faulty when delivered to you or have been incorrectly delivered.
You will not have the right to cancel a contract relating to the purchase of any service or electronic content (such as downloads) where the performance of the service or supply of the electronic content has begun.
To return the Products, you should package the parcel securely (making sure you include a note of your name and address (enclosing any returns slip, if we have provided one inside the parcel) and then return it to us, either by courier or by recorded delivery mail or other form of certified mail, or if the Products are too bulky to return by mail then by a suitable carrier, to the following address:
c/o DC Thomson & Co Ltd
2 Albert Square
We advise that you take out enough postal/carriage insurance to cover the value of the contents. Please save your proof of posting/despatch and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the Products to us, except in the case of items which we substitute if the precise Products you order are not in stock.
Details of the consumer rights described above, and an explanation of how to exercise them, are provided in the order confirmation. Nothing in this section affects your legal rights.
To cancel a contract before you receive a Product, you must inform us in writing, either to the address noted at the end of these terms and conditions or by emailing us at email@example.com..
If you cancel a contract between us within the fourteen-day cooling-off period (see above), we will process the refund due to you as soon as possible and, in any case, within fourteen days after the day on which we receive the Products back, or, if earlier, the day on which we receive evidence that you have returned the Products to our return address (see above). We will refund the price of the Product in full, including the cost of standard delivery. However, we will not refund your cost of returning the Products to us.
We will refund any money received from you using the same method originally used by you to pay for your purchase unless otherwise agreed.
If any Product is damaged or faulty when delivered to you, we may offer an exchange or refund, as appropriate, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty, you must promptly inform us in writing, giving us your name, address and order reference. Nothing in this section affects your legal rights. If you sign for a Product and do not notify the delivery person of any damage to the Product, then this may result in us refusing a refund.
It is not possible to describe every detail of the Products available to purchase on the Site. Each description is therefore abbreviated and to the best of our ability, is correct at the time of its input onto the Site. Please be aware that the appearance of our Products may vary slightly from the way they appear on your screen. All measurements and sizes are approximate although we make every effort to make them as accurate as possible.
Our rights to withdraw Products
We reserve the right to withdraw any Products offered on the Site or in a publication at any time.
We shall not be liable to anyone for withdrawing any Product from the Site or in a publication or for refusing to accept an order.
Nothing in these terms and conditions shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded.
Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer arising from any contract shall not exceed the purchase price of the relevant Products and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us
We shall not be obliged to perform our obligations under this agreement to the extent that we are prevented, hindered or delayed by reason of ‘Force Majeure’ which shall mean any cause or event beyond our reasonable control and including: war, civil war, armed conflict, terrorist attack, riot, civil commotion, malicious damage; compliance with any law or governmental order, strikes, or other industrial disputes, accidents, explosions, breakdowns of plant or machinery, failure of transport links, failure of telecoms links, unavailability of the internet or any utility, fire, flood, storm or adverse weather conditions, epidemic or pandemic, acts of God or failure to perform by our suppliers or sub-contractors.
Our liability to you arising under or in connection with these product terms or arising from or in connection with any breach or non-performance of these product terms no matter how fundamental (including by reason of our negligence) in contract, tort or otherwise in relation to any Product shall be limited to the price you have paid to us for that Product.
If any part of provision of these terms and conditions are found to be unenforceable, this shall not affect the validity of any other part or provision.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. We may assign these terms and conditions or any rights hereunder without your consent or notice.
These terms and conditions supersede any previous versions.
These terms and conditions shall be governed by English law. Subject to the next paragraph, you agree that any dispute between us regarding them or the Site will only be dealt with by the English courts, provided that, if you are a consumer and not a business user and live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
We are required to inform you that The Retail Ombudsman (see www.theretailombudsman.org.uk for more information) is an alternative dispute resolution body to whom we are obliged to refer any dispute that cannot be resolved between you and us.
The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest and we are required to inform you that you may use it if there is a dispute that cannot be resolved between you and us
Please submit any questions you have about these terms and conditions or any problems concerning the Site by email to firstname.lastname@example.org, by telephone on [insert] between the hours of 9am to 5pm, Monday to Friday (UK time) or write to us at: Silversurfers, c/o DC Thomson Shop, 2 Albert Square, Dundee, DD1 1DD.