1 ACCEPTANCE OF TERMS
Your access to and use of this web site, hereinafter
referred to as ("the Website") is subject exclusively to these Terms
and Conditions. You will not use the Website for any purpose that is unlawful
or prohibited by these Terms and Conditions. By using the Website you are fully
accepting the terms, conditions and disclaimers contained in this notice. If
you do not accept these Terms and Conditions you must immediately stop using
the Website.
2 ADVICE
The contents of the Website do not constitute advice and
should not be relied upon in making, or refraining from making, any decision.
3 CHANGES TO WEBSITE
Striker 3D reserves the right to:
3.1 change or remove (temporarily or permanently) the
Website or any part of it without notice and you confirm that Striker 3D shall
not be liable to you for any such change or removal; and
3.2 change these Terms and Conditions at any time, and
your continued use of the Website following any changes shall be deemed to be
your acceptance of such change.
4 LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party websites that
are controlled and maintained by others. Any link to other websites is not an
endorsement of such websites and you acknowledge and agree that we are not
responsible for the content or availability of any such sites.
5 USER ACCOUNT,
PASSWORD AND SECURITY
If a particular Service requires you to open an account
you will be required to complete the registration process by providing certain
information and registering a username and password for use with the Services.
You are responsible for maintaining the confidentiality of the username and
password and also for all activities that take place under your account. You
agree to immediately notify us of any unauthorised use of your password or
account or any other breach of security. In no event will we be liable for any
loss or damage whatsoever resulting from the disclosure of your username and/or
password. You may not use another person's account at any time, without the
express permission of the account holder.
6 TERMINATION
We have the right to terminate your access to any or all
of the Services at any time, without notice, for any reason, including without
limitation, breach of these Terms and Conditions. We may also at any time, at
our sole discretion, discontinue the Website/Services or any part thereof
without prior notice and you agree that we shall not be liable to you or any
third party for any termination of your access to the Website/Services.
7 COPYRIGHT & INTELLECTUAL PROPERTY
RIGHTS
7.1 All copyright, trade marks, database rights, and all
other intellectual property rights in the Website and its content (including
without limitation the Website design, text, graphics and all software and
source codes connected with the Website) are owned by or licensed to Striker 3D
or otherwise used by Striker 3D as permitted by law. You may not exploit, use,
link to, frame or reproduce any copyright material, trade marks or other
intellectual property rights without the prior written consent of Striker 3D or
its licensors.
7.2 In accessing the Website you agree that you will
access the content solely for your personal, non-commercial use. None of the
content may be downloaded, copied, reproduced, transmitted, stored, sold or
distributed without the prior written consent of Striker 3D. This excludes the
downloading, copying and/or printing of pages of the Website for personal,
non-commercial home use only.
7.3 We do not claim ownership of any materials you submit
to the Website. However, by doing so you are granting to us a world-wide,
royalty free, non-exclusive licence to copy, distribute, transmit, reproduce,
publicly display, edit, translate or publish such Content for as long as we
elect to display such Content. The licence shall be terminated when such
Content is deleted from the Website.
8 DISCLAIMERS AND LIMITATION OF LIABILITY
8.1 Use of the Website/Services is at your own risk. The
Website is provided on an "AS IS" and "AS AVAILABLE" basis
without any representation or endorsement made and without warranty of any kind
whether express or implied, including but not limited to the implied warranties
of satisfactory quality, fitness for a particular purpose, non-infringement,
compatibility, security and accuracy. Though Striker 3D takes all reasonable
steps to ensure that the Website is free from so-called computer viruses or
anything else that may be harmful or destructive, this cannot be guaranteed and
you check before downloading.
8.2 To the extent permitted by law, Striker 3D will not be
liable for any indirect or consequential loss or damage whatever (including
without limitation loss of business, opportunity, data, profits) arising out of
or in connection with the use of the Website. Subject to Clause 8.4 below,
under no circumstances shall Striker 3D’s liability for any claims hereunder
exceed the prices paid by you for any goods and services supplied via the
Website.
8.3 Striker 3D makes no warranty that the Website/Services
will meet your requirements, that the Content will be accurate or reliable,
that the functionality of the Website will be uninterrupted or error free, that
defects will be corrected or that the Website or the server that makes it
available are free of viruses or anything else which may be harmful or
destructive.
8.4 Nothing in these Terms and Conditions shall be
construed so as to exclude or limit the liability of Striker 3D for death or
personal injury as a result of the negligence of Striker 3D or that of its
employees or agents.
9 INDEMNITY
You agree to indemnify and hold Striker 3D and its
employees and agents harmless from and against all liabilities, legal fees,
damages, losses, costs and other expenses in relation to any claims or actions
brought against Striker 3D arising out of any breach by you of these Terms and
Conditions or other liabilities arising out of your use of this Website. Striker
3D shall be entitled to terminate your
access to the Website or any part of it in its sole discretion including,
without limiting its rights in any way, for over use or abuse.
10 SEVERANCE
If any of these Terms and Conditions should be determined
to be invalid, illegal or unenforceable for any reason by any court of
competent jurisdiction then such Term or Condition shall be severed and the
remaining Terms and Conditions shall survive and remain in full force and
effect and continue to be binding and enforceable.
11 USE OF YOUR INFORMATION
You agree to use of your information in accordance with
the terms of our Privacy Statement.
12 TERMS AND CONDITIONS OF PURCHASE
The E-Commerce Terms and Conditions govern purchases made
via the Website.
E-COMMERCE TERMS AND CONDITIONS OF SALE OF STRIKER 3D PLC
1 DEFINITIONS
1.1 "Buyer" means the individual or organisation
who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" means someone who buys Goods from
the Seller and who does so otherwise than in the course of a business;
1.3 "Contract" means the contract between the
Seller and the Buyer for the sale and purchase of Goods incorporating these
Terms and Conditions;
1.4 "Goods" means the goods and/or services that
the Buyer agrees to buy from the Seller;
1.5 "Seller" means Striker 3D PLC, a company
incorporated under the Companies Acts.
1.6 "Terms and Conditions" means the terms and
conditions of sale set out in this document;
1.7 "Website" means this website (or any
replacement website substituted therefor by the Seller);
2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the
Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all
Contracts for the sale of Goods by the Seller to the Buyer through the Website
and shall prevail over any other documentation or communication from the Buyer.
For the avoidance of doubt, the Seller reserves the right to amend the Terms
and Conditions at any time without notice, and the terms and conditions applicable
to each such Contract between the Buyer and the Seller shall be those
prevailing at the time of an order being placed by the Buyer.
2.3 Submission by the Buyer of an order for Goods shall be
deemed conclusive evidence of the Buyer’s acceptance of these Terms and
Conditions.
2.4 No variation to these Terms and Conditions (including
any special terms and conditions agreed between the parties) shall be
permitted.
3 ORDERING
3.1 All orders for Goods shall be deemed to be an offer by
the Buyer to purchase Goods pursuant to these Terms and Conditions and are
subject to acceptance by the Seller. The Seller may choose not to accept an
order for any reason. It should be noted that a simple acknowledgement of order
may also be issued which shall not be deemed to be acceptance of an order
unless stated otherwise.
3.2 Where the Goods ordered by the Buyer are not available
from stock the Buyer shall be notified and given the option to either wait
until the Goods are available from stock or cancel the order and receive a full
refund.
3.3 Certain security checks may also require to be carried
out by the Seller, in which event any sale to a Buyer is subject to the Seller
receiving satisfactory results (at its sole discretion) from such checks.
4 PRICE AND PAYMENT
4.1 The Price of the Goods shall be that stipulated on the
Seller’s Website. The Price is inclusive of VAT.
4.2 The total purchase price, including VAT and delivery
charges, will be displayed in the Buyer’s shopping cart prior to confirming the
order.
4.3 After the order is received the Seller shall confirm
by email the details, description and price for the Goods.
4.4 Payment of the Price plus VAT and delivery charges
must be made in full before dispatch of the Goods. Payment is to be made by any
of the credit or debit cards accepted by the Seller, details of which are noted
on the Website. All orders are subject to authorisation of payment by the
relevant card issuer prior to despatch of the Goods (or, as the case may be,
delivery of any Goods which consist of services).
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to adjust the price and
specification of any item on the Website at its discretion.
5.2 The Seller reserves the right to withdraw any Goods
from the Website at any time.
5.3 The Seller shall not be liable to anyone for
withdrawing any Goods from the Website or for refusing to accept an order.
6 AGE OF CONSENT
6.1 Where Goods may only be purchased by persons of a
certain age the Buyer will be asked when placing an order to declare that they
are of the appropriate legal age to purchase the Goods.
6.2 If the Seller discovers or is of the opinion (as to
which the Seller shall have sole discretion) that the Buyer is not legally
entitled to order certain Goods, the Seller shall be entitled to cancel the
order immediately, without notice.
7 WARRANTY
7.1 The Seller cannot describe every detail of the Goods
in the Website and each description is therefore abbreviated and is correct at
the time of its input. The Seller reserves the right to alter the
specification/description of Goods on the Website without notice.
7.2 Except where the Buyer is dealing as a Consumer, all
other warranties, conditions, or terms relating to fitness for purpose,
merchantability or condition of the Goods, whether implied by Statute, common
law or otherwise are excluded. Any recommendation or suggestion relating to any
of the Goods and made by the Seller is given in good faith. but it is for the
Buyer to satisfy himself as to the suitability of the Goods for the Buyer's
purposes.
7.3 The Goods may consist of goods and/or services to be
delivered online. In such circumstances, the Seller shall have no liability for
any temporary unavailability of such Goods due to any failure of the Website,
any telecommunications system and/or the World Wide Web in general, including
any downtime of the Website due to planned or emergency maintenance.
8 DELIVERY
8.1 Goods supplied within the UK will normally be delivered within 28
days of receipt of order.
8.2 Goods supplied outside the UK will normally be delivered within
28 days of receipt of order.
8.3 The Seller shall use its reasonable endeavours to meet
any date agreed for delivery. Notwithstanding the foregoing, time of delivery
shall not be of the essence and the Seller shall not be liable for any losses,
costs, damages or expenses incurred by the Buyer or any third party arising
directly or indirectly out of any failure to meet any estimated delivery date.
8.4 Delivery of the Goods shall be made to the Buyer’s address
specified in the order and the Buyer shall make all arrangements necessary to
take delivery of the Goods whenever they are tendered for delivery.
8.5 Title and risk in the Goods shall pass to the Buyer
upon delivery of the Goods.
9 CANCELLATION AND RETURNS
9.1 The Buyer shall inspect the Goods immediately upon
receipt and shall notify the Seller within 30 days of delivery if the Goods are
damaged or do not comply with any of the Contract. If the Buyer fails to do so
the Buyer shall be deemed to have accepted the Goods.
9.2 Where a claim of defect or damage is made the Goods
shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a
full refund (including delivery costs) plus any return postal charges if the
Goods are in fact defective.
9.3 Goods to be returned must clearly show the order
number obtained from the Seller on the package.
9.4 Where returned Goods are found to be damaged due to
the Buyer’s fault the Buyer will be liable for the cost of remedying such
damage.
9.5 If you are a Consumer, in addition to the above
rights, you have important statutory rights under the Consumer Protection
(Distance Selling) Regulations 2000. These are set out in Paragraph 15 (YOUR
STATUTORY RIGHTS) of these Terms and Conditions.
10 LIMITATION OF LIABILITY
10.1 Except as may be implied by law where the Buyer is
dealing as a Consumer, in the event of any breach of these Terms and Conditions
by the Seller the remedies of the Buyer shall be limited to damages which shall
in no circumstances exceed the Price of the Goods and the Seller shall under no
circumstances be liable for any indirect, incidental or consequential loss or
damage whatever suffered by the Buyer.
10.2 Nothing in these Terms and Conditions shall exclude
or limit the liability of the Seller for death or personal injury resulting
from the negligence of the Seller or that of the Seller’s agents or employees.
11 WAIVER
No waiver or delay by the Seller (whether express or
implied) in enforcing any of its rights under this Contract shall prejudice its
rights to do so in the future.
12 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to
perform any of its obligations if the delay or failure results from events or
circumstances outside its reasonable control, including but not limited to acts
of God, strikes, lock outs, accidents, war, fire, breakdown of plant or
machinery or shortage or unavailability of raw materials from a natural source
of supply, and the Seller shall be entitled to a reasonable extension of its
obligations. The Seller shall endeavour to notify the Buyer as soon as possible
should any such events or circumstances occur.
13 SEVERANCE
If any term or provision of these Terms and Conditions is
held invalid, illegal or unenforceable for any reason by any court of competent
jurisdiction such provision shall be severed and the remainder of the
provisions hereof shall continue in full force and effect as if these Terms and
Conditions had been agreed with the invalid illegal or unenforceable provision
eliminated.
14 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to change these Terms and
Conditions at any time.
15 YOUR STATUTORY RIGHTS
COOLING-OFF PERIOD
At Striker 3D PLC we want the Buyer to be delighted every
time they shop with us. Occasionally though, we know that Buyers may want to
return items. That's why under the Seller's "no quibbles" guarantee
if, for any reason a Buyer is unhappy with their purchase, and other than in
the case where the Goods consist of services, the performance of which has
already begun with the Buyer's agreement, they can return it to us in its
original condition within 30 days of the date they received the item. In such
circumstances the cost of returning the goods will be the responsibility of the
Buyer.
By law, the Buyer also has certain statutory rights to
withdraw from a purchase of Goods. This applies to all Goods except for digital
items (e.g.: e-Books) where the item has been downloaded. We regret that we
also cannot accept cancellations of contracts for the purchase of video, DVD,
audio, video games and software products where the item has been unsealed, nor
for the purchase of books and/or newspapers, periodicals or magazines.
Any Buyer who is not purchasing Goods in the course of a
business shall have the right to cancel an order, in terms of The Consumer
Protection (Distance Selling) Regulations 2000, within 7 working days of the
day after the date of receipt of Goods (or, in the case that the Goods consist
of services to be provided to the Buyer, within 7 working days of the day after
the conclusion of the contract with the Buyer), provided written notice of
cancellation is received by the Seller at the address specified to the Buyer
during the ordering process, within that period.
In the event that the Goods consist of services to be
provided to the Buyer, such services may be provided prior to the end of said 7
working day period. In such an event, the foregoing right of cancellation shall
expire at the time of commencement of the provision of such services to the
Buyer. In the case of Goods which consist of services to be delivered by online
means, your accessing of such services shall be deemed to be agreement to the
commencement of the provision of such services, and therefore at that point
your right of cancellation will expire.
In the event that the Buyer serves a valid notice of
cancellation, the Buyer shall have the right to a full refund within 30 days of
notification of cancellation. The Seller shall, within 30 days of notification
of cancellation, arrange for the Goods to be collected from the delivery
address (or such other address as may be agreed between the parties). In
such circumstances the cost of returning the goods will be the responsibility
of the Buyer.
On cancellation the Goods shall remain at the risk of the
Buyer until restored to the Seller and the Buyer is required to take reasonable
care of the Goods until that time. The Seller reserves the right to claim for
any loss in value to the Goods, due to damage, while at the Buyer's risk.
For more information on your right to withdraw from your
purchase within the seven working day cooling off period, visit the Department
of Trade and Industry's Web site at: http://www.dti.gov.uk/ccp/topics1/guide/homeshop.htm#cooling
OTHER STATUTORY RIGHTS
For more information about your other statutory rights,
please visit the Department of Trade and Industry's Consumer Gateway Web site
at: http://www.consumer.gov.uk/consumer_web/shopping.htm#4
CONTACT DETAILS
Striker 3D PLC
Langdale House
11 Marshalsea Road
London
SE1 1EN
United Kingdom
VAT NUMBER
Striker 3D PLC is registered for VAT. The VAT number is 446
1462 55
