BACKGROUND:

This agreement applies as between you, the User of this Web Site and JustStrut, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

1.                  Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 

1.                  Age Restrictions

Persons under the age of 16 should use this Web Site only with the supervision of an Adult.  Payment Information must be provided by or with the permission of an Adult.

2.                  Business Customers

These Terms and Conditions apply to customers buying Goods in the course of business.

3.                  International Customers

If Goods are being ordered from outside JustStrut’s country of residence, import duties and taxes may be incurred once your Goods reach their destination. JustStrut is not responsible for these charges and we undertake to make no calculations or estimates in this regard.  If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures.  As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported.  Please be aware that Goods may be inspected on arrival at port for customs purposes and JustStrut cannot guarantee that the packaging of your Goods will be free of signs of tampering.

4.                  Intellectual Property

4.1              Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of JustStrut, our affiliates or other relevant third parties.  By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

4.2              Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by JustStrut.

5.                  Third Party Intellectual Property

5.1              Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

5.2              Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.

6.                  Fair Use of Intellectual Property

Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

7.                  Links to Other Web Sites

This Web Site may contain links to other sites.  Unless expressly stated, these sites are not under the control of JustStrut or that of our affiliates.  We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

8.                  Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site http://stores.shop.ebay.co.uk/JustStrut__W0QQ_armrsZ1 without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of JustStrut and eBay Ltd.  To find out more please contact us by email at strut26@gmail.com.

9.                  Termination and Cancellation

9.1              JustStrut reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.

9.2              If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.

9.3              If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.

10.              Goods, Pricing and Availability

10.1          Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from JustStrut correspond to the actual Goods, JustStrut is not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether.  Please refer to Clause 15.1 for incorrect Goods.

10.2          Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.

10.3          JustStrut does not represent or warrant that such Goods will be available. All pricing information on the Web Site is correct at the time of going online.  JustStrut reserves the right to change prices and alter or remove any special offers from time to time and as necessary.  All pricing information is reviewed and updated on a monthly basis..

10.4          In the event that prices are changed during the period between an order being placed for Goods and JustStrut processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;

10.5          All prices on the Web Site Do include VAT.  JustStrtut’s VAT number is 923 8377 03.

11.              Delivery

11.1          JustStrut will notify you by way of marked as dispatched when your goods are to be dispatched to you. If goods are to be delayed JustStrut will contact you.

11.2          If JustStrut receives no communication from you, within 7 days of delivery, regarding any problems with standard Goods, you are deemed to have received the Goods in full working order and with no problems.

11.3          If JustStrut receives no communication from you, within 7 days of delivery, regarding any problems with special order Goods, you are deemed to have received the Goods in full working order and with no problems.

11.4    At Sellers standard rate to the UK only, you will recieve your goods within 1-4 working days.

12.              Returns and Exchange Policy

JustStrut aims to always provide high quality Goods that are fault free and undamaged.  On occasion however, goods may need to be returned.  Returns are governed by these Terms and Conditions.

12.1          If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 3 days to arrange return.  JustStrtut Is not responsible for paying return shipment costs.  You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods.  Refunds and replacements will be issued upon our receipt of the returned Goods.

12.2          If any Goods you have purchased have faults when they are delivered to you, you should contact JustStrut within 7 days to arrange return.  JustStrut is not responsible for paying shipment costs.  Goods must be returned in their original condition with all packaging and documentation.  Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods. This is subject to; Ensuring the product is not used, worn or damaged, the product is sent via recorded delivery and ensure our original invoice is attached on the outside of the package.

12.3          If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.

12.4          If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged.  In any event, you should report such damage to JustStrut within 3 days and arrange collection and return.  JustStrut is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

12.5          You have a statutory right to a “cooling off” period.  This period begins once your order is complete and ends 7 days after the Goods have been delivered.  If you change your mind about the goods within this period, please return them to JustStrut within 7 days of receipt.  Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of JustStrut.  You are responsible for paying shipment costs if Goods are returned for this reason.

12.6          If you wish to return Goods to JustStrut for any of the above reasons, please contact us using the details on http://stores.shop.ebay.co.uk/JustStrut/Contact-Us.html to make the appropriate arrangements.

12.7          Just Strut reserves the right to exercise discretion with respect to any returns under these Terms and Conditions.  Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

12.7.1    Any use or enjoyment that you may have already had out of the Goods;

12.7.2    Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;

12.7.3    The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;

12.7.4    Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.

Such discretion to be exercised only within the confines of the law.

13.8      We will be pleased to exchange your purchase subject to the following conditions.

·         Check with us that we have the product you require in stock.

·         Ensure the product is not used, worn or damaged.

·         Ensure the product is sent via recorded delivery.

·         You will have to bear the cost of return and re-shipping cost. Send payment of re-shipping cost to our PayPal account, strut26@gmail.com please also inform us via eBay once the shipping payment has been processed.

·         Ensure our original invoice is attached on the outside of the package.

Please note if our EXCHANGE POLICY is not adhered too, we will not accept your return.

13.              Changes to the Service and these Terms and Conditions

JustStrut reserves the right to change the Web Site, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes.  If JustStrut is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

14.              Limitation of Liability

14.1          To the maximum extent permitted by law, JustStrut accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

14.2          Nothing in these Terms and Conditions excludes or restricts JustStrut’s liability for death or personal injury resulting from any negligence or fraud on the part of JustStrut.

14.3          Nothing in these Terms and Conditions excludes or restricts JustStrut’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.

14.4          Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

15.              No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

16.              Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

17.              Law and Jurisdiction

These terms and conditions and the relationship between you and JustStrut shall be governed by and construed in accordance with the Law of England and Wales and JustStrut and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.