PERKZ LIMITED CONSUMER TERMS OF SALE PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.In this agreement:- "the Host" means Perkz Limited registered in England and Wales no. 4782609 "Host Site" means the website run by Perkz Limited "Supplier" means any supplier of content, goods or services in connection with the Host Site 1 Formation of the contract 1.1.1 These terms of sale apply to all goods or services ordered through the Host Site and supplied by a Supplier. 1.1.2 This agreement is made between you and the Supplier and to the maximum extent permitted by law, except as expressly set forth in this agreement, the Host specifically disclaims all warranties (including warranties with respect to the merchantability, particular purpose and non-infringement of third party rights) with respect to the Host Site and any functionality, goods or services offered, supplied or made available through or in connection with the Host Site 1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and sends you confirmation in writing or by email to the address or email address you have given. Once the Host and/or the Supplier does so, there is a binding legal contract between you and the Supplier. 1.3 The contract is subject to your right of cancellation (see below). 1.4 The Host and/or the Supplier may change these terms of sale without notice to you in relation to future sales. 2 Description and price of the goods 2.1 The description and price of the goods you order will be as shown in the Supplier's current catalogue or on its website at the time you place your order. 2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Host and/or Supplier will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods. 2.3 Every effort is made to ensure that prices shown in the Supplier's current catalogue or shown on its website are accurate at the time you place your order. If an error is found, the Host and/or Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods. 2.4 In addition to the price, you may be required to pay a delivery charge for the goods, as shown in the section of the Supplier's catalogue or website about delivery. 3 Payment Payment for the goods and delivery charges can be made by any method shown in the Supplier's current catalogue or shown on its website at the time you place your order. 4 Delivery 4.1 The goods you order will be delivered to the address you give when you place your order, except that some deliveries may not be made outside the United Kingdom, and some parts of the United Kingdom may not be covered, as shown in the Supplier's current catalogue or on its website at the time you place your order. 4.2 If delivery cannot be made to your address, the Host and/or Supplier will inform you as soon as possible, and refund or recredit you for any sum that has been paid by you or debited from your credit card for delivery. 4.3 If there is no one at the address given who is competent to accept delivery of the goods, the Supplier will endeavour to notify you of an alternative delivery date or a place to collect the goods. 4.4 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, neither the Host nor the Supplier will be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. In this case, the Host and /or the Supplier will inform you as soon as possible. 4.5 You will become the owner of the goods you ordered and responsible for risk of loss of or damage to them once they have been delivered to you and payment has been received in full. 5 Your right of cancellation 5.1 You have the right to cancel the contract at any time up to the end of seven working days after you receive the goods (see below). A working day is any day other than weekends and bank or other public holidays. 5.2 To exercise your right of cancellation, you must give written notice to the Supplier by hand or post, fax or email, at the address, fax number or email address shown below, giving details of the goods ordered and (where appropriate) their delivery. 5.3 If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the address shown below. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. 5.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. 5.5 If you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods. 5.6 You do not have the right to cancel the contract if the order is for audio or video recordings or computer software which have been unsealed by you, or for goods which by their nature cannot be returned or are liable to deteriorate or expire rapidly. The Supplier will notify you at the time your order is accepted if this applies. 6 Warranty 6.1 All goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply. This warranty does not affect your statutory rights as a consumer. 6.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier's instructions, or any alteration or repair carried out without the Supplier's approval. 6.3 If the goods supplied to you develop a defect while under warranty, or you have any other complaint about the goods, you should notify the Supplier in writing at the Supplier's postal address, fax number or email address as provided. 7 Data protection 7.1 The Host and the Supplier will take all reasonable precautions to keep the details of your order and payment secure, but unless the Host and/or the Supplier is negligent, the Host and/or the Supplier will not be liable for unauthorised access to information supplied by you. 7.2 The Supplier will only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise. You can correct any information about you, or ask for information about you to be deleted, by giving written notice to the Host and /or the Supplier at the address, fax number or email address provided. 8 Third Party Rights Where in this agreement representations and warranties are made to the Host and/or a Supplier through the Host Site it is acknowledged and agreed by you that such representations and warranties are intended to grant rights to, and operate for the benefit of the Host and/or the Supplier and that the Host and/or the Supplier may rely upon and enforce any such representations and warranties against you by virtue of the Contracts (Right of Third Parties) Act 1999 9 Links Certain links, including hypertext links, in the Host Site will lead you to websites or pages that are not under the Host's control. Links are for convenience and inclusion of any link does not imply endorsement in any way of the linked site or its contents and the Host does not accept responsibility for the content of any linked sites and shall have no liabilities to you for any failure on the part of such website operator or any of its suppliers to fulfil any obligation owed to you, for any misrepresentation any such person might make or permit nor any defective or deficient product or service area they might supply to you 10 Access The Host makes no representation and gives no warranty that the Host Site will be accessible at any particular time but will endeavour to ensure that the Host Site is operational. The Host reserves the right in its sole discretion to deny users access to the Host Site or any part of the Host Site without notice and to deny service to any user at any time. 11 Use of Discount Codes You are not allowed to advertise, use, give, or resell any discount offer associated with Perkz or offer to do so (for profit or otherwise) or use it in connection with a competition, promotion, business and charitable or any other similar venture without our express advance written permission. You should not copy, reproduce, re-distribute, republish, download, post, broadcast, transmit or otherwise use the site content in any way except for your own personal, non-commercial use. If you have been found to have distributed codes, 11.1 You will be prevented from using this website, as will all members of your household. 11.2 Your employer will be notified of your dishonest activity. 11.3 Perkz will notify any websites that you have illegally posted this information to. 11.4 This may lead to you being banned from those other websites. 11.5 You will be required to refund any discounts or benefits offered to yourself or your household. 11.6 You will be responsible for all discounts found to have been made through illegal disclosure of discount codes. 11.7 You will be liable for all incidental and administrative costs, specifically: 11.7.1 £35 per transaction with illegally obtained codes 11.7.2 £25 per letter 11.7.3 10% of first £500 of value of transaction and 5% thereafter Please note discounts cannot be applied retrospectively. If you have any problems using a Perkz discount please contact the retailer concerned and if this does not satisfactorily address your concerns then please contact us13 Applicable law These terms of sale and the supply of the goods will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract. |