Terms & Conditions
Welcome to Spirit shoes and clothing website.
Terms and Conditions of use. These terms and conditions apply to the use of this website at www.spiritshoesandclothing.co.uk. By accessing the Spirit shoes and clothing Website and/or placing an order, you agree to be bound by our terms and conditions.
- These terms and conditions (“Terms”) explain your rights and obligations in relation to this web site located at spiritshoesandclothing.co.uk(“Site”) and any goods purchased through this Site. Please read them carefully. You may have other rights granted by law and these Terms do not affect these. If there is anything you do not understand then please contact us.
- This Site is operated by Spirit Brands Ltd (“we”, “our” or “us”). Our Registered Office is 23 Station Road, Clacton-on Sea, Essex CO15 1TD. You can telephone us on 01255 434508.
- We may change the Terms at any time by posting such changes on the Site. Your continued use of the Site after notice of changes shall mean you are bound by the new terms.
2. USE OF THE SITE
- The content of and copyright in the Site is owned by or licensed to us. You are permitted to view or print individual pages for your own personal use. Any other use must be with our prior written permission.
- We reserve the right to suspend, restrict or terminate your use of this Site at any time.
3. PURCHASING FROM US
- The Site and the goods sold through it are subject to change without notice and we reserve the right to improve, alter or modify designs without prior notification. We will inform you of any changes to the advertised goods prior to despatch of such goods. If you are unhappy with these improved, altered or modified goods you may inform us within 14 days starting from the day you acquire, or a third party other than the carrier and indicated by you acquires, the goods.
- We recommend that you retain all of the original packaging and tags until you are sure that you intend to keep the goods as we may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
- Whilst we try to display goods on our Site that are held in stock, if the ordered goods are not available we will advise you of this as soon as reasonably possible and a full refund will be given.
- By submitting your order you are offering to buy and pay for the goods and allowing us to use your personal details for the purposes of supplying goods (including passing your details on to couriers and other subcontractors).
- We are not obliged to supply the goods to you until we have confirmed that we have accepted your order and received payment in full. Your order will be deemed to have been accepted when we dispatch to you the goods which form the subject matter of your order. We may at our total discretion reject your order.
- All drawings, specifications, sizes, photographs, descriptive matter and advertising published by us or contained on our Site are issued only for giving an approximate idea of the goods described in them and colours shown are intended as a guide only. They do not form part of the Terms.
- We make no representations or warranties of any kind whatsoever, expressed or implied, in connection with these terms or the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
- The cost of communication for the conclusion of the contract is calculated at the basic rate.
4. RIGHT TO CANCEL
If you are contracting with us as a consumer online or by phone, you have the right to cancel under the Consumer Rights Directive 2011/83 (“CRD”) and Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“CCR”). You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform Spirit Brands Ltd Ltd, 23 Station Road, Clacton on Sea ,Essex CO15 1TD, Telephone +44 (0) 1255 434508, or email firstname.lastname@example.org of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail stating that you are cancelling under the Consumer Contracts Regulations).
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, excluding the costs of delivery once we have received all (not part) of your order to the specified address below
Spirit Brands Ltd
23 Station Road
Essex CO15 1TD
Please take reasonable care of the goods as we are entitled to deduct an amount from the refund to reflect any loss in value of the goods supplied, if the loss is the result of unnecessary handling of the goods by you.
We will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you all (not part) goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have returned the goods.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
If the order was placed with delivery within the United Kingdom, you will bear the cost of returning the goods.
If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit and we recommend that you use a recorded delivery service. If returned goods are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attirbutable to) such loss or damage.
If the order was placed with delivery outside of the United Kingdom, you will have to bear the direct cost of returning the goods.
- All prices include Value Added Tax and we reserve the right to adjust the VAT element if this changes. The cost of transporting goods (“Carriage & Insurance Costs”) are as follows ; £3.49 for Royal Mail signed for 2nd Class or £4.49 for Royal Mail signed for 1st These Carriage & Insurance Costs shall be added to the price to be paid by you.
- All reasonable efforts have been made to ensure that the price information contained on the site is correct and up to date. However, we reserve the right to cancel an order if a price is inaccurate due to incorrect or out of date pricing.
- We aim to deliver goods to you within 2-5 working days for UK orders but we cannot give an exact delivery date. If we are unable to deliver the goods within 30 days of receiving your order, we will inform you, then if you wish, you may cancel the contract and we will refund any money paid by you.
7. DAMAGED OR DEFECTIVE GOODS
- You should inspect the goods when you receive them for defects or damage. If you find a defect or damage you must tell us as soon as possible before wearing the item and refer to our ‘Returns Policy’for instructions on how to return an item.
8. LIMITATION OF LIABILITY
- We do not limit our liability to you for death or personal injury caused by our negligence or for fraud.
- All reasonable efforts have been made to try to ensure that the information contained on the site is correct and up to date. However, we cannot guarantee this is the case and we shall not be liable for inaccuracies or for your reliance on incorrect or out of date information. Whilst we will try to take all reasonable steps to protect your personal details, we cannot guarantee the security of any data you disclose on-line and will not be responsible for any breach of security unless this is due to our negligence. We do not have any liability to you arising out of your use or inability to use the site. We will not be liable to you for any unforeseeable losses.
- We will be excused performance of any of our obligations if caused by circumstances beyond our reasonable control or beyond the reasonable control of our suppliers, including without limit industrial disputes, war, flood and changes in legislation.
- Save as set out in clause 7, our liability to you for:
- damage to physical property caused by our negligence or by the goods shall not exceed £100.00 per event or series of connected events (or the sum you have paid us for the item in relation to which you have the claim);
- subject to clauses 7, the aggregate of all claims arising in connection with the goods (whether due to breach of contract, or negligence, or otherwise) shall not exceed the price paid by you in respect of the goods that are the subject matter of the claim in question;
- except as set out in paragraph 5 above or as otherwise set out in this agreement, we disclaim all terms, conditions, representations and warranties (whether express or implied) to the extent permissible by law.
- any inaccuracies, omissions or misleading, false or deceptive statement in the content; or
- events beyond our reasonable control.
Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the Website regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred pounds (£100.00) or the sum you have paid us for the item in relation to which you have the claim. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by applicable law. Nothing in any warranty given in this clause affects your statutory rights.
9. GOODS PURCHASED
Spirit is under a legal obligation to guarantee the conformity of goods purchased. The goods are deemed to be in conformity if at the moment of delivery:
- they comply with the description given by the seller and possess
- they are fit for the purposes for which goods of the same type are normally used
- they are fit for any particular purpose for which the consumer requires them and which was made known to the seller at the time of conclusion of the contract, and accepted by the seller
- their quality and performance are satisfactory, given the nature of the goods and taking into account the public statements made about them by the seller, the producer or his representative.
Spirit Brands Ltd is also bound by relevant codes of conduct as defined in regulation 5(3)(b) of the Consumer Protection from Unfair Trading Regulations 2008. Copies of the Unfair Tradition Regulations 2008 can be found by visiting www.legislation.gov.uk
10. AFTERSALES & COMPLAINTS
If you need any aftersales assistance or have a problem with our products or service, our Customer Care Team are available by telephone on 01255 434508 Monday to Friday 9.30am – 4.30pm and weekends 9am – 1pm or email email@example.com Alternatively our Head Office address is located at Spirit 23 Station Road, Clacton-on-Sea, Essex CO15 1TD.
For further information about your statutory rights, contact your local authority Trading Standards Department or consumer advice centre (for example the Citizen’s Advice Bureau if you are within the UK).
11. Spirit CUSTOMER RATINGS & REVIEWS
By submitting any content to Spirit Brands Ltd, you confirm that:
- you are the sole author and owner of any information provided on the Customer Ratings and Review service
- all content you submit is correct and accurate
- you are 18 years old or above
- all “moral rights” that you may have in the content has been voluntarily waived by you
You further confirm and agree that any of the following content will not be submitted:
- That is known by you to be inaccurate, false or misleading
- That disobeys any third party’s copyright, patent, trademark, trade secret or other rights which go against the business, publicity or privacy.
- That breaches any law, statue, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- That is, or may be reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation
- For which you gained information or advice from any third party
- For which includes any details which references other websites, addresses, email addresses, contact information or phone numbers
- That contains any damaging computer programs or files e.g. computer viruses or worms.
By submitting your email address to complete your rating and review, you agree that Spirit Brands Ltd may use your email address to contact you about the status of your review and other administrative purposes.
You agree to indemnify and hold Spirit (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant Spirit a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
12. OTHER INFORMATION OF WHICH YOU NEED TO BE AWARE
- Any personal details you provide to us are kept and processed in accordance with our Privacy Statement.
- This Site may contain links to other web sites not under our control. We accept no responsibility or liability for the content or availability of those sites.
- We advise you to print a copy of these Terms and retain them for your information in the future.
- If any section of the Terms are held by a Court or other competent authority to be unenforceable then that section shall be considered deleted and not apply but the rest of the Terms will.
- This agreement between us is personal to us and no other person who is not party to these Terms shall be entitled to enforce any term of this Agreement under the Contracts (Rights of Third Parties) Act 1999 (or any analogous laws).
- The Terms are the entire terms and conditions between us in relation to your use of this Site and any purchase made over the Site and no other terms, conditions or representations made by us and any of our employees or agents (unless made fraudulently) shall apply.
- The Terms shall be governed by English law and the courts of England and Wales shall have non-exclusive jurisdiction over any dispute. All dealings, correspondence and contact between us shall be made or conducted in the English language.
- We will not be liable for any direct or indirect losses related to computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party websites.