Terms & Conditions
The ONETrueSaxon eBay Store (the "Website") is brought to you by ONETrueSaxon Limited ("OTS", or "we" or "us") and all rights, including copyright, in the content of the Website is owned or controlled by OTS.
Please carefully read these Terms and Conditions before using the Website. By using the Website and purchasing from us, you agree to be bound by these Terms and Conditions.
1. Your Account
If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
The Website only sells products to individuals who can purchase using a paypal account. If you are under sixteen (16), you may use the Website only with the express permission and supervision of a parent or guardian.
OTS reserves the right to refuse access to the Website, remove or edit content, or cancel orders at its discretion. If we cancel an order, it will be without charge to you.
2. Access to the Website
We will do our utmost to ensure uninterrupted availability of the Website and that transmissions will be without errors. However, due to the nature of the Internet, this cannot be guaranteed. Your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
3. Licence for Website access
OTS grants you a limited licence to access and make personal use of this Website. The licence does not allow you to download (other than page caching) or modify it, or any portion of it, except with express written consent of OTS. This licence does not include:
• any resale or commercial use of this Website or its contents;
• any collection and use of any product listings, descriptions, or prices;
• any derivative use of this Website or its contents;
• any downloading or copying of account information for the benefit of another merchant; or
• any use of data mining, robots, or similar data gathering and extraction tools.
This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without OTS's express written consent.
You may not frame or use similar techniques to enclose any trade mark, logo, or other proprietary information (including images, text, page layout, or form) of OTS and its affiliates. You may not use any meta tags or any other 'hidden text' utilising OTS or its affiliates' names or trade marks. Any unauthorised use terminates the permission or licence granted by OTS.
You may not use any logo or trade mark which is featured on the Website or other proprietary graphic or trade mark as part of the link without our express written consent.
4. Your conduct
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
You must not use the Website:
• for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
• to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trade mark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of, or contains, software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any 'spam'; or
• to cause annoyance, inconvenience or needless anxiety.
5. Our contract
When you place an order to purchase a product from the Website, we will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we ship that product to you and is confirmed by an email we send to you confirming that we have shipped (the 'Shipping Confirmation E-mail'). All orders will be shipped by post (UK) or parcel delivery service. Such acceptance will be complete at the time we send the Shipping Confirmation Email to you. Any products on the same order which we have not confirmed in a Shipping Confirmation Email to have been dispatched do not form part of that contract. You are seeking to enter into a contract with OTS when you place an order. OTS will retain the title in the products until full payment has been made by you and has been received by OTS.
OTS reserves the right to hold any orders prior to shipping for security review. OTS only delivers its products to the locations listed on the Website. In the event that an order is placed for a delivery to a location where we do not deliver to the order will be cancelled and a refund processed.
Shipping costs are applied to each item purchased and will be calculated and displayed on your order according to the relevant destination of your order. Please note: ONETrueSaxon only delivers to the locations listed on the Website. Anywhere not listed will not be possible. In such cases, the order will be cancelled and a refund processed.
6. Deliveries
We will endeavour to deliver all products you have ordered within the time period specified on your Shipping Confirmation Email.
All products purchased from the Website are made pursuant to a shipment contract. The risk of loss for such products pass to you upon our delivery to you. If you have received confirmation of shipping but your products have not arrived, please ensure that you have allowed sufficient time according to the estimated delivery times provided to you on your Shipping Confirmation Email.
Delivery Times and Costs
UK Delivery 3-5 days £3.95
European Delivery 3-7 days £7.95
Worldwide Delivery 5-10 days £9.95
If your order has not been received within our specified timescales above, in the first instance please check with your local mail delivery office to see that they are not holding your parcel. If they confirm that they do not have your products, please contact us and we will do our best to assist.
7. Distance Selling Regulations and Faulty Returns
Under the Distance Selling Regulations you have seven (7) working days (beginning the day after receipt of the goods) to cancel your order.
Where you exercise your statutory right to cancel, we will provide a full refund on the price paid for the goods. If you have cancelled your entire order, we will also refund your original delivery charge. If you only cancel part of your order and return only some of the goods delivered to you, delivery charges will not be refunded. This is because the delivery charge is normally the same regardless of the number of items delivered and, if you retain part of your order, the delivery charge still applies to the part that you retained.
Where you exercise your right to cancel within seven (7) working days, you should return the goods to us as soon as reasonably practicable.
How do I exercise my statutory right to cancel?
In order to exercise your right to cancel, please:
a) send an email to "fellas@ONETrueSaxon.com"; or
b) write to us at ONETrueSaxon International Limited, The Pentland Centre, Squires Lane, London, N3 2QL;
making it clear in your correspondence that you are giving notice to exercise your statutory right to cancel.
Your email or letter will be deemed to have been received by us on the date you send it (provided it is sent to the correct address and it is sufficiently clear that you are exercising your right to cancel). Please try and keep the confirmation of any letter or email to demonstrate the date when you sent it.
Outside of the Distance Selling Regulations cancellation timescales, we shall only accept returns of faulty products. Any faulty products must be returned within six (6) months of receipt of your products.
All goods must be returned to us unused, together with all original packaging, and must have any swing-tickets still attached (please note you have a duty to take reasonable care of returned goods and any refund may be withheld or a charge incurred if you fail to take such care and damage the goods). Please make sure that your return package is packed and sealed securely (in or with the original packaging if possible).
8. Feedback and Complaints Policy
We welcome any comments about our service, so that we can improve what we are doing. Our aim is to deal with any problems quickly and fairly. If you have reason to complain about our service, please e-mail our Customer Care Team stating clearly that you are making a complaint. Our aim is to respond to your complaint within seven (7) working days, either resolving the complaint, or with a timescale for resolution.
9. Pricing and availability
All prices are quoted in Pounds Sterling and are inclusive of VAT unless otherwise specified. All item prices are exclusive of delivery charges. We list availability information for products sold by us on the Website, including on each product information page. Beyond what we say on that page or otherwise on the Website, we cannot be more specific about availability. Please note that shipping dates are estimates only. Unless otherwise stated, despatch dates are not guaranteed and should not be relied upon. As we process your order, we will inform you by email if any products you order are subsequently found to be unavailable.
Despite our best efforts, a small number of the products on our Websites may be mis-priced. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping the products or cancel your order and notify you of such cancellation.
10. Disclaimer and limitation of liability
This Website is provided by OTS on an "as is" and "as available" basis. OTS makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. It is expressly agreed by you that your use of this Website is at your sole risk.
OTS disclaims all warranties, express or implied, including, but not limited to, implied warranties of saleability and fitness for purpose to the fullest extent permissible by applicable law. OTS does not warrant that this Website, its servers, or e-mail by us are free of viruses or other harmful components. OTS will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Laws of certain countries or states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
11. Electronic communications
When you visit the Website or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12. Disputes
Any dispute relating in any way to your visit to the Website or to products you purchase through the Website may be submitted to the courts of England and Wales, except that, to the extent you have in any manner violated or threatened to violate OTS's intellectual property rights, OTS may seek injunctive or other appropriate relief in any court in any country in the world, and you consent to exclusive jurisdiction of such courts.
13. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our Website, policies, and these Terms and Conditions at any time. Your usage of the Website and your orders will be subject to the policies and Terms and Conditions in force at the time that you use the Website or that you order products from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.
14. Events beyond our reasonable control
OTS will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
15. Waiver
If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
16. Governing law and jurisdiction
Your use of the Website, any purchase by you on the Website of any products and these conditions will be governed by and construed in accordance with the laws of England and Wales and will be deemed to have occurred in England. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
Your statutory rights are not affected by these Terms and Conditions.
17. Our details
The OTS eBay Store is owned by ONETrueSaxon Limited, 8 Manchester Square, London, W1U 3PH, England
© OTS Limited, 2011. All Rights Reserved. |
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