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Website Terms and Conditions of Sale (the “Conditions”) |
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These Conditions (together with the documents referred to within them) set out the
terms and conditions on which we offer to supply to you any of the products advertised
for sale on our website, at http://www.platin-ice.com
(the “Products”). Please read these Conditions carefully before ordering any Products.
You should understand that by ordering any of the Products, you agree to be bound
by these Conditions.
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Please click on the button marked "I Accept" at the end of these Conditions if you
accept them. If you refuse to accept these Conditions, you will not be able to order
any Products from our Website. Please print off or store on your computer a copy
of these Conditions for future reference.
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References in these Conditions to “you” and “your” are to you, the individual accessing
the Website and purchasing the Products. References in these conditions to “we”,
“us” and “our” are to Platin Ice Limited.
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1. INFORMATION ABOUT US
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1.1 The http://www.platin-ice.com
website (our "Website") is operated by us, Platin Ice Limited. We are a company
registered in England and Wales under company number 05986534. Our registered office
is situated at Churchill House, 137 Brent Street, London, NW4-4DJ, UK which is also
our main trading address. Our VAT number is 901456548.
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2. USE OF OUR WEBSITE
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2.1 We endeavour to ensure that our Website is accessible 24 hours a day. However,
we will not be liable for any losses that you may suffer if our Website is unavailable
at any time or for any period or your access to our Website is interrupted, restricted
or delayed for any reason. Please note that access to our Website may be suspended
temporarily and without notice in the case of system failure, maintenance or repair
or for any reasons beyond our control.
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2.2 By using our Website you agree not to attempt to access our systems and you
agree not to post on or transmit to or from it any material that is defamatory,
obscene, discriminatory or in breach of confidence or privacy or a third party’s
rights. We will fully co-operate with any law enforcement authorities or court order
requesting or directing us to disclose the identity of or to locate anyone posting
any material onto our Website in breach of this Condition.
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3. YOUR STATUS
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By placing an order through our Website, you warrant to us that you are legally
capable of entering into binding contracts, are 18 years of age or over and aware
of how the contract is formed between you and us.
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3.1 After you have placed an order with us for the purchase of Products, you will
receive an e-mail from us acknowledging that we have received your order. Please
note that this does not mean that your order has been accepted. Your order constitutes
an offer to us to buy Product(s). All orders are subject to acceptance by us, and
we will confirm such acceptance to you by sending you an e-mail that confirms that
your order has been accepted (subject to these Conditions) once the Product(s) have
been dispatched (the “Order Acceptance”). The contract between us will only be formed
when we send to you the Order Acceptance.
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3.2 The contract between you and us will relate only to those Products whose order
we have accepted in the Order Acceptance. We will not be obliged to supply any other
Products which may have been part of your order until the order of such Products
has been accepted in a separate Order Acceptance.
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3.3 Should the Product(s) you order be unavailable, we reserve the right to send
to you substitute Product(s) of equivalent price and quality. However, we will always
notify you first of our intention to do so.
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4. DELIVERY, RISK AND TITLE
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4.1 The sale of the Products listed on our Website is subject to the availability
of those Products.
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4.2 We use every reasonable effort to ensure that the descriptions and photographs
of the Products are as accurate as possible but give no warranty in respect of the
accuracy of this information.
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4.3 Your order will be fulfilled by the delivery date set out in the Order Acceptance
or, if no delivery date is specified, then within 30 days of the date of the Order
Acceptance, unless there are exceptional circumstances.
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4.4 The prices for which delivery of the Products is charged are set out on our
Website, as amended from time to time.
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4.5 The Products will be at your risk from the time of delivery, or attempted delivery,
to the address you specify in your order.
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4.6 Ownership of the Products will only pass to you following delivery if we have
received full payment of all sums due in respect of the Products, including delivery
charges.
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5. THIRD PARTY WEBSITES
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5.1 We may provide links on our Website to the websites of other companies, whether
affiliated with us or not. We cannot give any undertaking that products you purchase
from companies to whose website we have provided a link on our Website, will be
fit for purpose or of satisfactory quality, and any such warranties are DISCLAIMED
by us absolutely. This DISCLAIMER does not affect your statutory rights against
the third party seller.
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6. CONTRACT CANCELLATION
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6.1 If you are ordering Products as a consumer, you may terminate and cancel your
contract with us at any time within 7 working days, beginning on the day after you
receive the Products.
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6.2 To cancel your contract, you must inform us in writing and obtain a returns
authorisation code in accordance with our Refund Policy (see Condition 7 below)
and return the Product(s) to us immediately, in the same condition in which you
received them together with all accessories, packaging and instructions that were
supplied with the Product (see Condition 8.4 below).
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6.3 If we do not receive notification of the cancellation in writing within the
7 day period and delivery of the returned Products promptly in a good condition,
your request to cancel the contract will be rejected.
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6.4 Details of this statutory right to cancel your contract, and an explanation
of how to exercise it, are provided in the Order Acceptance. This provision does
not affect your statutory rights.
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6.5 Provided that you cancel your contract and return the Products to us in accordance
with the requirements of these Conditions, you will receive a full refund of the
price paid for the Products in accordance with our refunds policy.
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6.6 We reserve the right to terminate and cancel your contract with us if:
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(a) we have insufficient stock to deliver the Products you have ordered;
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(b) we do not deliver Products to the geographical location requested in your order;
or
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(c) one or more of the Products that you ordered was listed at an incorrect price
due to an error in the pricing information on the Website.
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6.7 If we do terminate and cancel your contract with us, we will notify you as soon
as possible by e-mail and will refund the amount paid by you as soon as possible
but in any event within 30 days of your order. We will not be obliged to offer any
compensation in respect of this cancellation.
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7. REFUNDS POLICY
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7.1 Should you wish to cancel your contract or return a Product to us due to it
being defective, please notify us by contacting us at any one of the following addresses,
clearly describing the reason that you wish to obtain a refund and requesting a
returns authorisation code:
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(a) By e-mail to: sales@platin-ice.com.
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(b) By post to: Platin Ice Limited, Churchill House, 137 Brent Street, London, NW4-4DJ,
UK
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(c) Should the Products we deliver be damaged, defective or the incorrect quantity,
you should notify us of this within 14 days of receipt and return the Products to
us promptly in the same state as you received them.
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7.2 You must return the Product in accordance with Condition 8.4 below, otherwise
the cancellation of the contract and/or the refund may be rejected.
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7.3 All Products must be returned unopened and in the same condition in which you
received them, together with your proof of purchase and your returns authorisation
code and all accessories, packaging and instructions that were supplied with the
Product. Should you fail to obtain a returns authorisation code, this may preclude
you from obtaining a refund and/or cause delay in respect of your refund.
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7.4 All returns of Products are made at your own cost and risk. Therefore, we strongly
recommend that you use an insured delivery method such as Royal Mail Special Delivery.
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7.5 We will endeavour to refund any money received from you using the same method
originally used by you to pay for your purchase. We will process the refund due
promptly and, in any case, within 30 days of the day we receive your cancellation
or the day we confirm to you via e-mail that you are entitled to a refund for delivery
of a defective Product.
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7.6 We reserve the right to replace the faulty or defective Products or refund you
in full in respect of the faulty or defective Products, including a refund of the
delivery charges for sending the item to you. All Products returned as faulty, which
are returned outside the 7-day period referred to in Condition 7.1 above, will be
checked and if found to have no fault will be returned to you.
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7.7 Products returned by you within the 7-day period referred to in Condition 6.1
and in accordance with the Conditions will be refunded in full, including the cost
of sending the item to you. However, you will be responsible for the cost of returning
the item to us unless you cancel your contract in relation to substitute Products,
when your cost of returning those Products will be met by us.
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8. PRICE AND PAYMENT
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8.1 The price of any Products will be as quoted on our Website from time to time,
except in cases of obvious error.
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8.2 These prices include VAT but exclude delivery costs, which will be added to
the total amount due as set out on our Website.
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8.3 Prices are liable to change at any time, but changes will not affect orders
in respect of which we have already sent you an Order Acceptance.
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8.4 Our Website contains a large number of Products and it is always possible that,
despite our best efforts, some of the Products listed on our Website may be incorrectly
priced. We will normally verify prices as part of our dispatch procedures so that,
where a Product's correct price is less than our stated price, we will charge the
lower amount when dispatching the Product to you. If a Product's correct price is
higher than the price stated on our Website, we will normally, at our discretion,
either contact you for instructions before dispatching the Product, or reject your
order and notify you of such rejection.
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8.5 We are under no obligation to provide the Product to you at the incorrect (lower)
price, even after we have sent you an Order Acceptance, if the pricing error is
obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
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8.6 Payment for all Products must be by credit or debit card. We accept payment
with [Visa, MasterCard, Maestro, American Express, Diners Club, PayPal]. We will
charge your credit or debit card at the time that you make your order. Should we
not have a Product available for dispatch at the time of taking your payment, your
payment will be regarded as a pre-payment.
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9. OUR LIABILITY
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9.1 We warrant to you that any Product purchased from us through our Website is
fit for purpose and of satisfactory quality.
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9.2 Except as set out in Condition 10.3, our liability in connection with any Product
purchased through our Website is strictly limited to the purchase price of that
Product.
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9.3 This does not include or limit in any way our liability to you:
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(a) for death or personal injury caused by our negligence;
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(b) under section 2(3) of the Consumer Protection Act 1987;
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(c) for fraud or fraudulent misrepresentation; or
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(d) for any matter for which it would be illegal for us to exclude, or attempt to
exclude, our liability.
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9.4 We accept no liability for any loss of income or revenue, loss of business,
loss of profits or contracts, loss of anticipated savings, loss of data, waste of
management or office time or for any indirect or consequential loss or damage of
any kind however arising and whether caused by tort (including negligence), breach
of contract or otherwise, even if foreseeable.
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10. WRITTEN COMMUNICATIONS
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Applicable laws require that some of the information or communications we send to
you should be in writing. When using our Website, you accept that communication
with us will be mainly electronic. We will contact you by e-mail or provide you
with information by posting notices on our Website. For contractual purposes, you
agree to this electronic means of communication and you acknowledge that all contracts,
notices, information and other communications that we provide to you electronically
comply with any legal requirement that such communications be in writing. This Condition
does not affect your statutory rights.
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11. NOTICES AND COMPLAINTS
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11.1 All notices given by you to us (including any complaints that you may have)
should be sent to Platin Ice Limited:
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By e-mail to: sales@platin-ice.com. or
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(a) By post to: Platin Ice Limited, , Churchill House, 137 Brent Street, London,
NW4-4DJ, UK
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We may give notice to you at either the e-mail or postal address you provide to
us when placing an order, or in any of the ways specified in Condition 10.
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11.2 Notice will be deemed received and properly served immediately when posted
on our Website, 24 hours after an e-mail is sent, or two days after the date of
posting of any letter. In proving the service of any notice, it will be sufficient
to prove, in the case of a letter, that such letter was properly addressed, stamped
and placed in the post and, in the case of an e-mail, that such e-mail was sent
to the specified e-mail address of the addressee.
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12. TRANSFER OF RIGHTS AND OBLIGATIONS
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12.1 The contract between you and us is binding on you and us and on our respective
successors and assigns.
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12.2 You may not transfer, assign, charge or otherwise dispose of the contract between
you and us, or any of your rights or obligations arising under it, without our prior
written consent.
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12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of the contract
between you and us, or any of our rights or obligations arising under it, at any
time during the term of the contract, including due to an asset or business sale
of Platin Ice Limited.
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13. EVENTS OUTSIDE OUR CONTROL
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13.1 We will not be liable or responsible for any failure to perform, or delay in
performance of, any of our obligations under a contract that is caused by events
outside our reasonable control (a “Force Majeure Event”).
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13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident
beyond our reasonable control and includes in particular (without limitation) strikes,
lock-outs or other industrial action; civil commotion, riot, invasion, terrorist
attack or threat of terrorist attack, war (whether declared or not) or threat or
preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic
or other natural disaster; the impossibility of the use of railways, shipping, aircraft,
motor transport or other means of public or private transport; the impossibility
of the use of public or private telecommunications networks; or the acts, decrees,
legislation, regulations or restrictions of any government.
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13.3 Our performance under any contract with you is deemed to be suspended for the
period that the Force Majeure Event continues, and we will have an extension of
time for performance for the duration of that period. We will use our reasonable
endeavours to bring the Force Majeure Event to a close or to find a solution by
which our obligations under the contract may be performed despite the Force Majeure
Event.
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14. COPYRIGHT IN OUR WEBSITE
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14.1 The copyright and other intellectual property rights subsisting in the content
on our Website is owned by us and our licensors and we expressly reserve all rights
in the same. You may print and download extracts from the content of our Website
for your own non-commercial use provided that you do not modify any of the content,
you do not use any graphics or photographs separately from their accompanying text
and you do not remove any copyright or trade mark notification from such extracts.
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14.2 All other reproduction or use of extracts of content from our Website is strictly
prohibited. In particular, no part of this Website may be reproduced or stored in
any other website or included in any public or private electronic retrieval system
or service without our prior written permission.
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15. WAIVER
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15.1 If we fail, at any time during the term of our contract with you, to insist
upon strict performance of any of your obligations under the contract or any of
these Conditions, or if we fail to exercise any of the rights or remedies to which
we are entitled under the contract, this shall not constitute a waiver of such rights
or remedies and shall not relieve you from compliance with such obligations.
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15.2 A waiver by us of any default shall not constitute a waiver of any subsequent
default.
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16. SEVERABILITY
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If any of these Conditions or any provisions of a contract between you and us are
determined by any competent authority to be invalid, unlawful or unenforceable to
any extent, such term, condition or provision will to that extent be severed from
the remaining terms, conditions and provisions which will continue to be valid to
the fullest extent permitted by law.
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17. ENTIRE AGREEMENT
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17.1 These Conditions, our privacy policy and any document expressly referred to
in them represent the entire agreement between us in relation to the subject matter
of any contract and supersede any prior agreement, understanding or arrangement
between you and us, whether oral or in writing.
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17.2 You and we acknowledge that, in entering into a contract, you have not and
we have not relied on any representation, undertaking or promise given by the other
or be implied from anything said or written in negotiations between you and us prior
to such contract except as expressly stated in these Conditions.
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17.3 A person who is not a party to this agreement has no right under the Contracts
(Rights of Third Parties) Act 1999 to enforce any term of this agreement.
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18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
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18.1 We have the right to revise and amend these Conditions from time to time
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18.2 You will be subject to the policies and Conditions in force at the time that
you order Products from us, unless any change to those policies or these Conditions
is required to be made by law or governmental authority (in which case it will apply
to orders previously placed by you), or if we notify you of the change to those
policies or these Conditions before we send you the Order Acceptance (in which case
we have the right to assume that you have accepted the change to the Conditions,
unless you notify us to the contrary within seven working days of receipt by you
of the Products).
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19. LAW AND JURISDICTION
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Contracts for the purchase of Products through our Website will be governed by English
law. Any dispute arising from, or related to, such contracts shall be subject to
the non-exclusive jurisdiction of the courts of England and Wales.
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