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TERMS AND CONDITIONS OF SALE AND PURCHASE
Please read through the following terms and conditions of sale and purchase carefully. They are the terms on which you agree to order items from Island Tourist Products Limited on this website. If you submit an order for any item advertised for sale on this website, this will constitute acceptance by you of these terms:
- CONTRACT OF SALE
- If you wish to purchase any of the items for sale on this website, you must provide us with either a completed order form or sufficient information for us to complete the form on your behalf. If we agree to accept your order, this will be confirmed by email and we will supply the items you have ordered to you in accordance with the confirmation and with these terms.
- The sale and purchase of goods via this website is governed by a contract between you and us formed when you have placed an order, your order has been accepted by us and you have received confirmation of this. The terms of the contract will comprise these terms, as amended or updated by us from time to time, and the prices (subject to clause 4 below) and other relevant information about the goods published by us on this website at the time the contract is formed.
- We reserve the right to change these terms at our discretion. A note of the date and clause number of any such changes will be included as part of these terms. Any changes will be posted to the website and it is your responsibility to ensure, from time to time, that you are aware of any such changes. Changes will become effective 24 hours after first posting and you will be deemed to have accepted any change if you continue to shop on the website after that time.
- You acknowledge and agree that you do not rely on and have no remedy in respect of any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to the contract or not) which is not expressly set out or referred to in the contract. This is not intended to limit or exclude liability for fraud on our part.
- ORDERS AND QUOTES
- All information and specifications relating to the goods and any material produced by us are approximate only and in particular owing to the limitations of the reproductive process the colour of items on this website may vary from the goods supplied to you.
- We may correct any error in any unconfirmed order, sales literature or other document or information issued by us or placed on this website without any liability.
- We may make any changes in the specification of the goods to conform to any applicable safety or other statutory or European Union requirements which do not materially affect their quality or performance.
- The price of each item is the trade price that is quoted on this website on the date you place your order, subject to any inadvertent pricing errors (whether technical or otherwise) by us, unless a special promotional price or other discounts are stated on the website in respect of that item.
- The price of any item excludes the cost of postage, packaging and delivery. Delivery to an Isle of Wight address is free. The cost of delivery to any non Isle of Wight address you specify in your order form will be your responsibility. The method of delivery and packaging applicable will be those quoted on this website on the date of the order.
- The price of the goods is exclusive of any applicable Value Added Tax.
- We reserve the right to revise the price of any items on this website without notice. We also reserve the right to refuse to supply to you, whether you are an individual or company, for whatever reason.
- PAYMENT TERMS
- This website is only available to those who hold an agreed credit account with us and payments shall be made in accordance with the terms of that account.
- The time and method for delivery will be at our discretion. The place of delivery will be the delivery address. Time for delivery shall not be of the essence.
- If you do not take delivery of the goods or give us adequate delivery instructions then we may store the goods until actual delivery and charge you for the reasonable costs (including insurance) of storage.
- If the goods delivered to you do not include all of the goods that you ordered in any particular order or include incorrect goods, you must inform us in writing within 5 working days from the date of delivery. If you do not, we will not be responsible for any loss or damage suffered by you as a result. In any event, our liability is limited to the price of the goods not delivered or the cost of replacing such goods.
- RISK AND OWNERSHIP
- Risk of damage or loss of the goods will pass to you on delivery or, if you fail to take delivery of the goods, at the time when we have tried to deliver the goods.
- Title in the goods will pass to you when we have received payment in full.
- INTELLECTUAL PROPERTY
- All intellectual property and other proprietary rights (including, but not limited to, brand names, product names, copyright and trade marks) and all technical, business or similar information (including, but not limited to, all designs, documents and other materials relating to the goods) used in the goods are and remain the property of us or of our licensors.
- Other than as stated in Clause 8.3 below, we do not grant permission for the use of the intellectual property and such use may constitute an infringement of the holder's rights.
- All website design, text and graphics appearing on this website and the selection or arrangement thereof are the copyright of us or of our licensors. Permission is granted to print once in hard copy portions of this website for the sole purpose of placing an order with or using this website as an ordering resource. Any other use of materials on this website (including reproduction for purposes other than those noted above and modification, distribution, or republication in any form or media) without our prior written permission is strictly prohibited.
- We are the owner of the Island Tourist Products name and logo. Any other trademark materials, including, but not limited to, product names and company names or logos cited herein are the property of their respective owners.
- All goods are supplied on a firm sale basis unless previously agreed in writing. Your attention is drawn to our policy on damages and shortages on delivery as set out in clause 5.3 above.
- Prior authorization is required for any claims for returns. The acceptance of such claims is entirely at the discretion of the Company. Claims will not be considered under any circumstances where:
- The goods were invoiced by the Company more than six months before the date of the claim and/or
- Any returned goods are not in good clean resaleable condition, without defacing marks or stickers.
- Claims should be made in writing to the address shown below. Goods should not be returned without authorisation which will be notified to the Customer by the Company in writing within seven days of the receipt of the claim.
- Goods may be returned for credit without prior authorisation in the following exceptional circumstances:
- Claims for credit for any goods which are imperfect and unsaleable as a result of a production fault will be accepted without time limit. This does not apply to goods damaged whilst in the possession of the Customer.
- Superseded editions of books or maps can be returned for credit and replacement with the new edition within 3 months of its publication.
- All correspondence and enquiries on these matters should be addressed to the Company at the address shown above.
- We shall not be liable in respect of any defect in the goods arising from fair wear and tear, neglect, failure to follow our instructions, misuse or improper alteration or repair of the goods.
- Nothing in these terms and conditions excludes or limits our liability arising under the Consumer Protection Act 1987, or our liability for fraud or for death or personal injury caused by our negligence, or any other liability to the extent that we cannot so exclude or limit such liability as a matter of law.
- Where the goods are sold under a "consumer transaction" (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976), your statutory rights are not affected by this clause.
- Unless expressly provided in these terms, and except where the goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties conditions terms and liabilities express or implied by statute or common law are excluded to the fullest extent permitted by law and we will not be liable to you for any loss of any kind whatsoever which arises out of the breach of implied warranties or conditions or breach of any other duty of any kind imposed on us by operation of law.
- We will not be liable for any of the losses which may arise by reason of any breach of a contract or any implied warranty, condition or other term, any representation or any duty of any kind imposed on us by operation of law.
- Without prejudice to any other provision of these terms, we will not be in breach of the contract for any delay in performing, or failure to perform, our obligations under it if that delay or failure was due to any cause or circumstance beyond our reasonable control, such as, without limitation, the failure of a third party, any act of God, civil commotion, riot, flood, drought, fire or the operation of any rule of law or legislative provision. This clause does not affect your statutory rights.
- We are providing the website on an "as is" basis and we make no representations or warranties of any kind with respect to the website or its contents and disclaim all such representations and warranties.
- WITHDRAWAL AND USE OF GOODS
- We may withdraw any goods that we produce or generally supply from the market without prior notice.
- If we provide you with information about the use for which the goods are designed and about any conditions necessary to ensure that the goods will be safe, then you must use the goods accordingly.
- When you place an order, we need to know your name and address so we can deliver your goods and your email address and telephone number in case we need to contact you about the order. We will not use this information for any other purposes. In particular we will not sell or give the information to third parties unless required to do so by law.
- Any notice required under these terms must be in writing. In your case it must be addressed to our registered office or principal place of business or any other address that we notify to you from time to time whether on the website or otherwise. Any notices to you will be sent to your usual billing address. Any notice shall be deemed to be served:
- if sent by pre-paid first class post to the party to whom it is given, on the second working day after posting; or
- if sent by pre-paid air-mail post to the party to whom it is given, on the seventh working day after posting; or
- if sent by fax to the recipient's fax number at the date and time given on the sender's transmission acknowledgement slip or (in the case of manifest error or loss of the slip) on receipt.
- If any of these terms is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the validity of the other provisions of these terms and the remainder of the provision in question shall not be affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
- Each contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English Courts if there are any disputes between them of any kind.
- Failure or neglect by either party to enforce at any time any of these terms shall not be a waiver of that party's rights and it shall not affect the validity of the whole or any part of these terms or the contract or prejudice that party's right to take subsequent action.
- Nothing in these terms is intended to confer on any third party any benefit or any right to enforce any of these terms.
Island Tourist Products is a limited company incorporated in England and Wales with registration number 4537787, whose registered office and principal place of business is at Unit C1 Spithead Business Centre
Isle of Wight