Legal - E-Commerce (Physical Goods)
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If You Use this Website (at the URL http://icomuk.co.uk) You agree to be bound by these terms and conditions.
Table of Contents
1. Definitions
| 1.1. | In these terms and conditions the following words shall have the meanings as set out below unless the context requires otherwise:
| 1.1.1. | "We", "Us" and "Our" means icomuk.co.uk (company number 06948031), whose registered office is Balfour Lodge, 240 Dawes Road, London, SW6 7RG, United Kingdom. |
| 1.1.2. | "You", "Your" and "Buyer" means You, the Website User. |
| 1.1.3. | “Products” means all products and goods advertised by Suppliers and or sold through or in connection with Us or Our Website. |
| 1.1.4. | “Services” means all services advertised by Suppliers and or sold through or in connection with Us or Our Website |
| 1.1.5. | "Supplier" means a company or individual using one of Our Websites to promote and sell its Products or Services |
| 1.1.6. | "Website" means any of Our associated or affiliated Websites found at the following web addresses (URLs):
| 1.1.6.1. | http://(www.)worldlaunch.com |
| 1.1.6.2. | http://(www.)scotlandlaunch.com (and all other country or region specific web sites) |
| 1.1.6.3. | http://(www.)experiencebox.com |
| 1.1.6.4. | http://(www.)hospitalitybox.com |
| 1.1.6.5. | Any other domain name listed at the URL http://www.worldlaunch.com/international.asp or registered to Londonlaunch Ltd. |
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| 1.2. | Clause headings shall not be taken into account in the construction or interpretation of these terms and conditions |
| 1.3. | Words importing the singular mean the plural and vice versa. References to persons shall include bodies corporate and vice versa. Reference to specific statutes shall include any statutory extension or modification, amendment or re-enactment of such statute and any regulations or orders made pursuant to or under such statute |
| 1.4. | Reference to any clause sub-clause or schedule without further designation shall be construed as a reference to the clause, sub clause or schedule in these terms and conditions so numbered |
2. Price and Payment
| 2.1. | Unless otherwise agreed You shall make full payment to icomuk.co.uk in advance for any purchases of Products or Services that You make. |
| 2.2. | All payments made through this Website carried out by credit or debit card are credited directly into any one of Our accounts. |
| 2.3. | We may set limits on the amount and number of transactions completed through the Service during a set time period ("Velocity Limits") for both Buyers and Suppliers. For security reasons, icomuk.co.uk does not disclose Velocity Limits. Velocity Limits are different from the credit limits set by Your credit/debit card issuer. When a Velocity Limit is reached, if You are affected, You will be notified that additional transactions that are completed during the applicable time period must be settled directly between the Buyer and Supplier and not through icomuk.co.uk. |
| 2.4. | You accept that We may directly or indirectly pass Your payment onto one of Our Suppliers and in doing so transfer all responsibility for that order (or part of) to that Supplier. |
| 2.5. | If You fail to pay Us in advance, We shall be entitled to charge You interest at 4% above the base rate at the relevant time of Barclays Bank plc. Such interest may accrue daily from the day when the Product or Service is ordered and it will compound monthly. In addition, We may suspend Your access to and use of the Website. |
| 2.6. | When You place an order You accept that We will advise You to the best of Our knowledge at the material time, of all costs that Your order will incur. However, You also accept that the cost of any Product or Service is susceptible to change by the Supplier without Our knowledge and that Our information may be out-of-date when You place Your order. In every case, We will use Our reasonable endeavours to inform You of any changes to the cost incurred by Your order before You make Your payment. |
3. Fulfilment
| 3.1. | We are not an intermediary between You and the Supplier. We provide a site for Suppliers to complete transactions with a Buyer. Accordingly, the contract formed when Your order is confirmed is solely between Buyer and Supplier. The enforcement of any contractual obligations arising out of the completion of a transaction is the responsibility of Buyers and Suppliers party to that transaction. icomuk.co.uk is not obliged to mediate between parties or enforce or execute fulfilment of any contract. |
| 3.2. | We will confirm any order You make with Us. This confirmation will be made in writing and delivered to You by email as soon as is reasonably practicable after You have made Your order. |
| 3.3. | Defective Products, other than those fulfilled by Ourselves, are the responsibility of the respective Supplier. |
| 3.4. | You accept that You may be ordering Products or Services from a number of different Suppliers in a single transaction. |
4. Limitation and Exclusion of Liability
| 4.1. | IN USING THIS WEBSITE AND ADHERING TO THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT.
| 4.1.1. | WE ARE NOT THE ORIGINAL MANUFACTURER OR SUPPLIER OF THE PRODUCTS OR SERVICES. |
| 4.1.2. | IN EVERY CASE THE SUPPLIER SELECTS THE PRODUCTS AND OR DELIVERS THE SERVICE. |
| 4.1.3. | IN EVERY CASE WE ARE NOT AN INTERMEDIARY BETWEEN YOU AND THE SUPPLIER. WE PROVIDE A PAYMENT MECHANISM ONLY TO ENABLE YOU AND THE SUPPLIER TO COMPLETE A TRANSACTION. |
| 4.1.4. | THE ENFORCEMENT OF ANY CONTRACTUAL OBLIGATION ARISING OUT OF THE COMPLETION OF A TRANSACTION IS THE RESPONSIBILITY OF YOU AND THE SUPPLIER TO THAT TRANSACTION. |
| 4.1.5. | WE ARE NOT OBLIGED TO MEDIATE BETWEEN PARTIES OR ENFORCE OR EXECUTE FULFILMENT OF CONTRACT. |
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| 4.2. | YOU ACKNOWLEDGE AND AGREE THAT NO CONDITION WARRANTY OR REPRESENTATION OF ANY KIND HAS BEEN OR IS GIVEN OR MADE BY US OR ANYONE ON OUR BEHALF (WHETHER AUTHORISED OR NOT) EXPRESS OR IMPLIED, WHETHER ARISING BY LAW OR OTHERWISE IN RELATION TO THE PRODUCTS OR SERVICES. |
| 4.3. | THE CONDITIONS WARRANTIES AND REPRESENTATIONS REFERRED TO IN CLAUSE 10.2 INCLUDE ANY CONDITIONS WARRANTIES OR REPRESENTATIONS RELATING TO THE TITLE TO THE PRODUCTS OR THE DESCRIPTION, QUALITY, SUITABILITY, OR FITNESS FOR ANY PURPOSE, VALUE, CONDITION, DESIGN OR OPERATION OF ANY KIND OF THE PRODUCTS OR SERVICES. |
| 4.4. | WE SHALL HAVE NO LIABILITY IN CONTRACT TORT OR OTHERWISE FOR ANY LOSS (INCLUDING CONSEQUENTIAL LOSS) OF ANY KIND ARISING DIRECTLY OR INDIRECTLY FROM:
| 4.4.1. | DELAY IN DELIVERY OF OR FAILURE TO DELIVER ANY PRODUCT OR SERVICE. |
| 4.4.2. | DEFECT OR ALLEGED DEFECT IN ANY PRODUCT OR SERVICE OR ITS USE AND PERFORMANCE. |
| 4.4.3. | CANCELLATION OF SERVICE OR EVENT. |
| 4.4.4. | INADEQUACY OF ANY PRODUCT OR SERVICE. |
| 4.4.5. | INTERRUPTION IN THE USE OF ANY PRODUCT OR SERVICE. |
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| 4.5. | WE SHALL SO FAR AS IT IS REASONABLY PRACTICABLE AT YOUR REQUEST AND COST EXTEND TO YOU THE BENEFIT OF ANY GUARANTEES OR WARRANTIES THAT ARE GIVEN BY THE SUPPLIER IN RELATION TO THE PRODUCTS OR SERVICES PROVIDED THAT:
| 4.5.1. | ANY SUCH GUARANTEE OR WARRANTY SHALL ONLY BE EXTENDED TO YOU OR ENFORCED BY YOU ON TERMS THAT YOU SHALL INDEMNIFY US TO OUR SATISFACTION AGAINST ANY LOSSES INCURRED OR WHICH MAY BE INCURRED IN CONNECTION WITH THE ENFORCEMENT OF OR THE MAKING OF A CLAIM UNDER SUCH GUARANTEE OR WARRANTY. |
| 4.5.2. | THE PROVISIONS OF THIS CLAUSE 3.5 DO NOT ENTITLE YOU TO COMMENCE ANY PROCEEDINGS IN OUR NAME. |
| 4.5.3. | WE SHALL NOT BE JOINED BY YOU AS PARTY TO ANY PROCEEDINGS RELATING TO ANY GUARANTEE OR WARRANTY REFERRED TO IN THIS CLAUSE 3.5. |
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5. Cancellations and Cooling Off
| 5.1. | You must send any notice of Your cancellation of an order in writing to Us giving full details of the order, including any order number We have given You. |
| 5.2. | Buyers must inspect any items purchased from a Supplier immediately upon receipt to ensure that it accords with any description given by the Supplier in the item's listing and to ensure that the product is safe. |
| 5.3. | As described in the Consumer Protection (Distance Selling) Regulations 2000, Buyers in some situations are allowed a cooling - off period of 7 days. During this cooling off period You are entitled to cancel the order. |
| 5.4. | If the 7 day cooling-off period applies and You cancel the order within the period, the agreement for the supply of Products and / or Services can be treated as never having been made and you will receive a refund of any relative payment you may have made. |
| 5.5. | The cooling-off period does not apply to:
| 5.5.1. | Services that begin before the end of the cooling off period. |
| 5.5.2. | Products marked to your specifications or clearly personalised. |
| 5.5.3. | Products that due to their nature cannot be returned or that are liable to deteriorate, perish or expire rapidly. |
| 5.5.4. | Supplies of newspapers periodicals or magazines. |
| 5.5.5. | Tickets to events. |
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| 5.6. | When We confirm your order in writing as detailed in clause 2.2, this confirmation will also confirm whether or not a 7 day cooling-off period applies to any Product or Service You have chosen. |
| 5.7. | Unless the exceptions as described in Clause 4.5 apply, Your cooling-off period lasts for; in the case of Services, 7 working days from the day after the date You receive Our written confirmation of Your order, or in the case of Products, 7 working days from the day after the date You receive the Products. |
6. Complaints and Refunds
| 6.1. | We shall in all circumstances endeavour to resolve any reasonable order issues or complaints directly with Yourself, without involving You with the Supplier. |
| 6.2. | If a Product or Service is purchased which is classed as 'Non-refundable' then no refund will be given under any circumstances. The Website will clearly state if the item is classed as 'Non-refundable'. |
| 6.3. | Buyers must inspect any Products purchased from a Supplier immediately upon receipt to ensure that they accord with any description given by the Supplier in the item's listing and to ensure that they are safe. |
| 6.4. | If the Buyer of a Product has provided payment to the Supplier, but the Supplier did not deliver the Product, or, if the Buyer received the Product or Service, but it was materially different from the Supplier's description of the Product or Service then a full refund will be available from the Supplier. We will not provide a refund unless funds to do so are provided to Us from the Supplier. |
| 6.5. | In the event of You requesting a refund and that refund being appropriate:
| 6.5.1. | You must claim your refund within 14 days of making the purchase. |
| 6.5.2. | You must return Products in their original packaging, unopened and fit for resale (i.e. in mint condition). |
| 6.5.3. | You will be refunded within 30 days. |
| 6.5.4. | Refunds will be provided in the manner by which the original sale was carried out. Refunds will not be issued using any alternate method. |
| 6.5.5. | Refunds shall not exceed the total value (excluding booking and shipping fees) of an original transaction and are at Our discretion. |
| 6.5.6. | Any costs You have incurred in returning any Products or cancelling any Service will not be refunded. |
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7. General
| 7.1. | If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected. |
| 7.2. | We may modify these terms and conditions at any time by publishing the modified terms and conditions on the Website. Any modifications shall take effect 3 days after posting on the Website. |
8. Governing Law
| 8.1. | These terms are to be governed by and construed in accordance with English law. |
| 8.2. | Any disputes shall be subject to the exclusive jurisdiction of the English courts. |
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