Terms and conditions
Please carefully read these Terms and Conditions of Sale and Delivery before using the website. All information (including these Terms and Conditions of Sale and Delivery) on the website and all information related to the placing of an order is in English and the agreement is entered into in English. These Terms and Conditions of Sale and Delivery must be accepted by you before placing an order, and a copy will be included in the order confirmation that is sent by e-mail. They are available, any time, on our website and a copy may be obtained by contacting [%variable_ ep_name%] by e-mail or ordinary mail.
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. You should inform us immediately if you have reason to believe that your password has become known to anyone else, or if the password is being used by anyone else.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when you registered.
[%variable_ ep_name%] reserves the right to refuse access to the website, terminate accounts, remove or edit content or cancel orders at our discretion where we have a valid reason to do so. If we cancel an order, it will be without charge to you.
2 ORDER RECEIPT AND OUR CONTRACT
2.1 ORDER PROCEDURE
When you place an order to purchase a product from the website, we will send you confirmation of your order, containing the relevant details, terms and conditions. You are encouraged to review this confirmation and notify [%variable_ ep_name%] if the order confirmation in your opinion does not correspond to the order placed. You are encouraged to save and possibly print the order confirmation.
Your order represents an offer to us to purchase a product which is accepted by us when we ship that product to you and when a confirmation is sent to you confirming that we have shipped the order to you or notifying you that the order is ready to be picked up. That acceptance will be complete at the time we send a shipping confirmation to you. You are seeking to enter into a contract with [%variable_ ep_name%] when you place an order. [%variable_ ep_name%] will retain the title in the products until full payment has been made by you and has been received by [%variable_ ep_name%].
[%variable_ ep_name%] will send you an invoice by e-mail immediately after shipment of the order.
3 PRICES AND PAYMENT
3.1 PRICES AND CURRENCY
The current price is the price specified on the website next to the relevant product at the date of the order. All products are invoiced in British Pound (GBP) and all prices, charges and costs are quoted in GBP on the website, on the order confirmation and on the invoice.
All prices quoted are inclusive of charges and may be shown inclusive or exclusive of VAT; see the specification listed for each product.
3.2 DELIVERY COSTS
If the product is to be delivered at a specific address, an amount may be charged to cover the shipment costs. The shipment costs will appear on the list confirmed by you prior to purchase and will also appear from the order confirmation sent by e-mail.
If the product is picked up at [%variable_ ep_name%]'s premises, no delivery costs will be charged.
3.3 CREDIT/DEBIT CARD PAYMENT
We accept payment with recognised credit and debit cards, cf. the website. The amount is not charged to the card until the product has been delivered.
Website payments are handled by AltaPay. AltaPay's payment system is based on the SSL standard, which means that any information provided in connection with the payment transaction is protected by way of encryption. Card and account information is transmitted in an encrypted form for the purpose of payment and validation and the information is neither registered nor saved in any other way by [%variable_ ep_name%].
3.4 ACCOUNT PAYMENTS
It is also possible to make payments from an account/per invoice if this function has been activated by [%variable_ ep_name%]. The conditions related thereto must be separately agreed with [%variable_ ep_name%].
3.5 DELAYED PAYMENTS
An amount falls due for payment when the product has been delivered and the purchase is subject to sufficient credit being available on the credit/debit card used for the purchase.
In case of delayed payment, e.g. because the invoiced amount cannot be withdrawn from the account or if you illegitimately suspend a payment or demand that the payment be reversed:
if you are purchasing as a consumer a reasonable reminder fee will be charged, and default interest will be charged from the due date and until payment is received at the rate of 2%; and
if you are purchasing as a business operator, a reasonable reminder fee will be charged and default interest and fixed sum recovery costs will be charged in accordance with current legislation on late payments in commercial contracts.
4.1 TIME OF DELIVERY
Our standard time of delivery is 3-7 workdays. As [%variable_ ep_name%] cannot guarantee for local delivery circumstances, we cannot state with certainty when the product will be delivered to the requested address.
If the shipment of the ordered products is delayed, [%variable_ ep_name%] will notify you as soon as possible by an e-mail sent to the e-mail address you have provided.
Unless we have agreed a longer delivery time, delivery will be not more than 30 days after the date the contract between us is entered into.
5 RIGHT OF CANCELLATION
5.1 14 DAYS’ RIGHT OF CANCELLATION
You have the right to cancel this contract within 14 days without giving any reason.
The withdrawal period expires 14 days after the date on which you, or the person identified by you to take possession of the goods (other than the carrier) receive the last goods into your physical possession, in the case of an agreement on multiple goods that have been ordered in one order and then delivered separately.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement setting out your decision to cancel the contract (e.g. letter sent by post, fax or e-mail to the addresses given at clause 5.3 ) or you may use the attached standard withdrawal form, but it is not mandatory.
There is also the option of completing and submitting a withdrawal form or any other unequivocal statement on our website standard withdrawal form. If you use this option we will communicate to you an acknowledgement of receipt of such withdrawal on a durable medium e.g. e-mail without delay.
The deadline is met if you send your notice of withdrawal before the withdrawal period has expired.
Once you have exercised your right of cancellation of this agreement, we will refund all payments received from you without undue delay and within 14 days from the date we have received your decision notice to withdraw from this contract. Refunds include standard shipping costs but exclude additional costs incurred as a result of choosing a non-standard delivery option. We carry out such reimbursement using the same method of payment that you used for the initial transaction, unless you have expressly agreed otherwise.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods.
You may send back the goods or hand them over to [%variable_ ep_name%] without undue delay and no later than 14 days from the date you informed us of withdrawing from this contract. The deadline is met if you send back the goods before the expiry of the 14 days.
You have to bear the direct cost of returning the goods.
You shall only be liable for any diminished value of the goods resulting from handling which goes beyond what is necessary to establish the nature and properties of the goods and the way they function, for example, the sort of handling that might reasonably be allowed in a shop.
5.3 RETURN ADDRESS
Enquiries concerning the right of cancellation or the return of products may be sent to us, cf. the address and contact information below:
[%variable_ ep_address%] or
Email: [%variable_ ep_email%]
Phone: [%variable_ ep_phone%]
6 COMPLAINTS – ERRORS AND DEFECTS
6.1 IN GENERAL
You are encouraged to review and inspect the products immediately upon receipt, including an inspection as to whether the products may be damaged, and to ensure that the products delivered correspond to the products ordered.
6.2 A COMPLAINTS DEADLINE OF 24 MONTHS FOR ALL PRODUCTS
For all products, you have 24 months to submit a complaint, i.e. a claim for errors or defects cannot be submitted later than 24 months after delivery of the product.
Any errors or defects in the received products must be claimed within a reasonable time after such errors or defects have been noted or should have been noted. If a complaint is submitted within two months after a defect has been noted, the complaint is considered timely.
The right of complaint only applies to errors and defects related to the product that were present at the time of delivery and not errors and defects which have occurred due to wrongful use in contravention of the user instructions/maintenance instructions, or in case the product has been damaged after the receipt.
6.3 COMPLAINTS AND RETURNS
Any products having errors or defects, including any errors or defects which have occurred in connection with repairs or replacement deliveries, shall be returned at [%variable_ ep_name%]'s expense but at your risk, and you are thus always encouraged to pack the products sufficiently in case of return. When returning a product, you must specify the nature of such error or defect and you are encouraged to enclose a copy of the order confirmation and/or the invoice.
Products must be returned to the address specified in section 5.3. Any complaints must also be sent to this address.
6.4 REPAIRS AND REPLACEMENT DELIVERIES
In case of an error or a defect related to the product that appears within the deadline specified in section 6.2, and provided that a complaint is submitted in due time, you generally have the right to require [%variable_ ep_name%] to:
1. Remedy the defect;
2. Deliver a new product in accordance with the agreement (make a replacement delivery);
3. Accept a proportionate reduction of the purchase price, or
4. Cancel the purchase, if the defect is not insignificant.
A request for remedial action or replacement delivery cannot be submitted if this is impossible or will result in unreasonable costs for [%variable_ ep_name%].
If [%variable_ ep_name%] accepts to take remedial action or to make a replacement delivery, you cannot claim a reduction of the purchase price or cancel the purchase.
[%variable_ ep_name%] must comply with the request for remedial action within reasonable time. If [%variable_ ep_name%] does not comply with your request for remedial action within a reasonable time, you are entitled to claim a proportionate reduction of the purchase price, to cancel the purchase or to request a replacement delivery.
If remedial action is not possible, [%variable_ ep_name%] will instead refund the purchase price including any documented expenses related to the return shipment.
You have certain legal rights. These include that any goods will be of satisfactory quality and fit for their intended purpose, the remedies for defective goods set out in clause 6.4, that the information which
[%variable_ ep_name%] gives you about the goods and about the terms of this Agreement is to be treated as a term of the contract, and the cancellation rights set out in clause 5. Nothing in these Terms and Conditions is intended to affect these legal rights.
Nothing in these terms in conditions is intended to exclude or limit the liability of [%variable_ ep_name%] for death or personal injury due to [%variable_ ep_name%]'s negligence or that of [%variable_ ep_name%]'s employees or agents, or for fraudulent misrepresentation by [%variable_ ep_name%] or its employees or agents.
[%variable_ ep_name%] does not accept any liability which goes beyond your statutory rights. [%variable_ ep_name%] cannot in any circumstances be held liable for indirect loss, including but not limited to loss of data or consequential damages.
7 PERSONAL DATA
8 COPYRIGHT, LEGAL STATEMENT AND DATABASE RIGHTS
All content and compilation of such content on the website, such as text, graphics, logos, buttons, images and software is the property of [%variable_ ep_name%] or its content suppliers (including Mascot International A/S).
All software used on this website is the property of Mascot International A/S or its software suppliers and is protected by European and international copyright laws. You may not extract and/or re-utilise parts of the contents of the website without [%variable_ ep_name%]’s prior written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (either once or many times) for re-utilisation of any substantial parts of this website. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this website.
9 ALTERATION OF SERVICE OR AMENDMENTS TO THE TERMS AND 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 terms and conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). For the avoidance of doubt we will not change these terms and conditions to your detriment in relation to orders which have already been placed. If any of these terms and conditions is deemed invalid, void or for any reason unenforceable, that term or condition will be deemed severable and will not affect the validity and enforceability of the remaining terms and conditions
10 EVENTS BEYOND OUR REASONABLE CONTROL
[%variable_ ep_name%] or Mascot International A/S will not be held responsible for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond our reasonable control. This provision does not affect your statutory rights.
11 GOVERNING LAW AND JURISDICTION
If you live in England or Wales your use of the website and any purchase will be deemed to have occurred in England and Wales, and shall be governed by the laws of England and Wales and any disputes shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. If you live in Scotland your use of the website and any purchase will be deemed to have occurred in Scotland, and shall be governed by the laws of Scotland and any disputes shall be subject to the non-exclusive jurisdiction of the courts of Scotland.
Your statutory rights to bring legal action in the courts of the country where you live are not affected by this condition.
12 SPECIAL PROVISIONS FOR BUSINESS OPERATORS
The above-mentioned Terms and Conditions of Sale and Delivery shall also apply for business operators with the following modifications, unless otherwise explicitly agreed in writing.
12.1 RIGHT OF CANCELLATION
Business operators do not have a right of cancellation.
12.2 RIGHT OF COMPLAINT
A one year right of complaint applies from the original invoice date. In case a product is replaced or repaired, this will not result in a new one-year complaint period.
12.3 TERMS OF PAYMENT
If the products have not been paid for by a debit/credit card when ordered, the general terms of payment agreed between [%variable_ ep_name%] and the customer shall apply.
13 SITE ADMINISTRATION
http://www.mascotwebshop.co.uk/ is administered and maintained jointly by [%variable_ ep_name%], [%variable_ ep_address%] and Mascot International A/S, Central Business Registration No. 13 86 33 85. For further information about Mascot International A/S, please see www.mascot.dk.