These conditions govern all contracts of the sale of goods between Spike Leisurewear Ltd (hereinafter referred to as ‘the Company’) and any Customer (hereinafter referred to as ‘the Customer’) of the goods.
The goods offered by the Company through this website (www.spikedirect.co.uk) are subject to the Terms & Conditions as set out below. By using the site, you accept, without limitation or qualification, these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this site.
Accessing the Site
We cannot and do not guarantee or warrant that any content of the site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.
We reserve the right, at our discretion, to withdraw, suspend or modify the site or certain features or parts of the site, without notice to you. We do not accept liability for any losses or claims arising from any inability to access the site or any failure to complete a transaction.
USING THE SITE
In using the site and information available from the site, you agree that you will not:
- omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses or otherwise manipulate identifiers to disguise the origin of any content;
- engage in any activities in order to withhold or cloak identity or contact information;
- engage in “flooding” – i.e. ICMP flooding and mail bombing (sending large amounts of email repeatedly to the same email address);
- use the information available on the site for any illegal, immoral or anti-social purpose, in violation of any applicable laws or regulations or in a manner which is or may be damaging to Our name or reputation;
- engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission.
ACCURACY OF INFORMATION
We will use reasonable endeavours to ensure that information on the site is accurate. We make no representation or warranty that any information is accurate, complete or up-to-date and, to the fullest extent permitted by law, we accept no liability for any loss or damage caused by any reliance placed on such information by you or anyone to whom you communicate such information.
All content on the site is protected by copyright. We, or our licensors, own copyright and/or database rights in the selection, coordination, arrangement and enhancement of such content, as well as in the original content. Except as expressly set out in these Terms & Conditions, nothing shall give you any rights in respect of any intellectual property owned by us or our licensors. You shall not assert or attempt to obtain any such rights and you shall not use, copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, our name, trademarks, logos or other proprietary marks, or any of the content of the site, in whole or in part, except as provided in these Terms & Conditions.
No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner.
We assume no responsibility for the contents of any other web sites to which the site has links and we do not endorse the material on any linked web site. The provision of any links does not imply we have any association with their operators. We shall not be held responsible or liable for any loss or damages caused or alleged to have been caused by use of or in reliance on any content, goods or services available on such hyperlinked sites.
The prices of products are as set out on the site, errors and omissions excepted. All prices are in pounds (£) sterling inclusive of VAT. Delivery charges will be clearly set out when you place your order and will be added to the total amount due.
Prices may change at any time prior to acceptance of your order
In the unlikely event that the price of an item has been incorrectly advertised on the Site, we will usually contact you to ask whether you wish to proceed with your order at the correct price. If you are not happy to proceed, or we are unable to obtain your instructions, we will cancel your order and any sum debited by us from your debit/credit card will be refunded in full, to the same card. We will not be obliged to supply products at the incorrect price.
Only one discount code may be used per order. We reserve the right to refuse sale to anyone, without reason. Prices and offers are subject to change without warning and irrespective of all other clauses.
We have made every effort to display as accurately as possible the colours of our products that appear on this Site. However, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the actual goods. All detailing of products is subject to change and may not represent the finished product.
Offers cannot be used in conjunction with any other offer (online or otherwise). We reserve the right to restrict offers to one purchase per customer at our discretion. All offers are subject to availability while stocks last. Offers may be withdrawn without notice.
The feature on the Site of a product does not constitute a guarantee of its availability. Products, prices and specifications are subject to change at any time without notice.
ACCEPTANCE OF ORDERS
When you place an order from us this will be considered to be an offer to buy the Goods subject to these Conditions which will then be binding on you.
The appearance of Goods on the Website or anywhere else that we sell them is an invitation to you to make an offer to purchase them by placing an Order with us. We have the right to refuse any Order. It will not bind us until we have issued you with notification in writing that your Order has been accepted.
It is your responsibility to make sure that the terms of your Order are complete and accurate.
The supply of Goods is subject to availability. If we do not supply the Goods to you for any reason, we will not charge you for those Goods and we will refund any money already paid for them. However, we will not be responsible for compensating you for any other losses which you may suffer.
If, after accepting the Order, we discover that the Goods are unavailable, we will notify you of this and refund or re-credit you for the price of the Goods or give you the option to choose substitute goods. In the event that some but not all of the Goods comprising your Order are unavailable, we will give you the option of cancelling the whole Order or amending your Order to substitute the unavailable Goods with available goods. If you do not cancel your Order within 7 working days, we will deliver the available Goods and refund or re-credit you for the unavailable Goods.
We cannot accept your order until you have paid for it in full. You can pay by Visa or MasterCard credit or debit cards. Payment will be charged at the point of submitting your order.
For pre-release orders your card will be preliminarily checked for security purposes. You will be charged for the full amount of your order at the time of purchase. Should the release date move, you will be informed by email and have the option of either a) to proceed with your order or b) receive a full refund.
Upon submitting your order, you confirm that you have authority to use the payment card being used and you meet the legal age restrictions.
All credit/debit card holders are subject to validation, fraud checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not accept your order nor will we be obliged to inform you of the reason for the refusal.
Subject to availability, we will use reasonable endeavours to deliver the products you have ordered as soon as possible after your order is accepted by us. If the goods are not available for delivery within 14 days of being ordered you shall be entitled to cancel your order and receive a full refund of any monies paid.
We do not ship to PO Box addresses.
Delivery charges will be clearly set out when you place your order and will be added to the total amount due. Prices and delivery charges displayed are valid and effective only in the United Kingdom (except where otherwise stated).
We deliver the products ordered to the valid delivery address which you supply. We cannot deliver items within the same order to multiple addresses. For worldwide delivery charges please call Customer Services on 020 8427 3740 who will be pleased to assist. Certain deliveries may require a signature to confirm receipt.
We will advise you by email if there is likely to be a delay in despatching your order. We reserve the right at Our discretion to ship orders only to the billing address.
If your order can not be fulfilled due to a stock shortage, we will contact you to discuss changes to your order. There will be no extra postal charges for orders where delayed items are sent separately.
Once delivered, the products ordered will become your property – provided they have been paid for in full. Except in relation to products that are damaged or faulty when delivered or which have been incorrectly delivered, We will not accept any liability for their loss, damage or destruction after they have been delivered.
Due to customs, legal, regulatory and certain practical restrictions applicable to orders placed for non-UK deliveries, some of our products may not be available for delivery to certain destinations outside of the UK. We reserve the right to define what can and cannot be delivered to destinations outside of the UK.
DAMAGED OR FAULTY PRODUCTS
In the unlikely event that any product you purchase is damaged, faulty or is not what you ordered, we may offer an exchange or refund as appropriate, in accordance with your legal rights.
If you believe a product is faulty or damaged prior to delivery, please return the item to us following the guidelines set out in our Returns policy.
Our policy on damaged and faulty products does not affect your statutory rights.
To the extent not prohibited by law, we accept no liability for indirect, special or consequential losses or any business losses of whatever nature (including loss of profits, contracts, goodwill, opportunity and other similar losses) arising out of or in connection with the use of the Site or any products purchased from the Site.
We shall not be liable for any delay or failure to perform any of Our obligations insofar as the performance of such obligations is prevented by an event or by matters beyond Our reasonable control.
Nothing in this section or elsewhere in these Terms & Conditions affects your statutory legal rights.
In the event that any part of these Terms and Conditions are held to be illegal, invalid or unenforceable, such provisions will be severed and the remainder of these Terms and Conditions shall continue in full force and effect.
Failure by Us to enforce a right does not result in a waiver of such right. You may not assign or transfer your rights under these Terms & Conditions.
You and We agree that English law applies to these Terms and Conditions and that any dispute between us arising out of or in connection with these Terms and Conditions will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there.
A copy of these Terms and Conditions are available on written request to:
Customer Services, Terms and Conditions, Spike Leisurewear Ltd, 2 Park Lane, Hemel Hempstead, Hertfordshire, HP2 4YJ
Any formal legal notices should be sent to Customer Services, at the above address.
These terms and conditions were last updated on 27 October 2017