Terms and Conditions
Welcome to the Present Minded Terms and Conditions (we hope they aren't too boring!).
This agreement applies between you, the User of this Web Site and
the Company, the owner of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
2. The Contract
2.1 No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and the Company’s acceptance of that order is deemed to occur upon the Company sending a dispatch email to you indicating that your order has been fulfilled and has been dispatched to you.
2.2 The Company may refuse a contractual offer from you: if the Goods are not available; where full payment for Goods and delivery is not received; if there is a description or pricing error; or if you do not meet the criteria set within these Terms and Conditions.
3. Goods, Pricing and Availability
3.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from the Company correspond to the actual Goods, the Company is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether.
3.2 Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.
3.3 The Company does not represent or warrant that such Goods will be available. Stock indications are used on the Web Site however these may not take into account sales that have taken place during your visit to the Web Site.
3.4 All pricing information on the Web Site is correct at the time of going online. The Company reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
3.5 In the event that prices are changed during the period between an order being placed for Goods and the Company processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
3.6 All prices on the Web Site include VAT (where applicable) at the current rate.
4.1 The Company reserves the right to cancel purchases without stating reasons, for any reason prior to dispatch.
4.2 If you wish to cancel your order for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases. Please use our Contact Us page to request your cancellation.
4.3 If you wish to cancel your order after the Goods have been dispatched, please refer to the Returns Policy in Clause 5.
5. Delivery and Returns Policy
Use of the Web Site is also governed by our Delivery & Returns page which is incorporated into these terms and conditions by this reference.
7. Links To Other Web Sites
7.1 This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of the Company or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
8. Age Restrictions
Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
9.1 The Company makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
9.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
9.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
10. Limitation of Liability
10.1 To the maximum extent permitted by law, the Company accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
10.2 Nothing in these Terms and Conditions excludes or restricts the Company’s liability for death or personal injury resulting from any negligence or fraud on the part of the Company.
10.3 Nothing in these Terms and Conditions excludes or restricts the Company’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.
10.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
11. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
12. Changes to the Service and these Terms and Conditions
12.1 The Company reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If the Company is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
12.2 In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
13. Law and Jurisdiction
These terms and conditions and the relationship between you and the Company shall be governed by and construed in accordance with the Law of England and the Company and you agree to submit to the exclusive jurisdiction of the Courts of England.