Terms of service
TERMS AND CONDITIONS
("Conditions")
These Conditions set out the terms and conditions upon which you may access and purchase products from our website (https://stayingrelevantmerchadise.com/) (the “Website”). These Conditions apply to all users of the Website.
1. About Staying Relevant
We are Staying Relevant Productions Limited trading as “Staying Relevant.”
We are registered in England and Wales under company number 15534406 and with our registered office address is at The Long Barn, Cobham Park Road, Cobham, United Kingdom, KT11 3NE
2. Understanding these Conditions
2.1 When certain words and phrases are used in these Conditions which start with capital letters, they have specific meanings including those set out below (known as 'defined terms'). Where a defined term is used, it has the meaning given to it in the section of the Conditions where it was defined.
"Acknowledgement of Order" means an emailed acknowledgement of order issued by Us detailing the Products that you have ordered via the Website;
“Business Day” means any day other than a Saturday, Sunday or public holiday in England when banks are generally open for business;
"Contract" means a legally binding contract between You and Us for the sale and purchase of the Products made pursuant to clause 4;
"Order" means an order issued by You detailing the Products You wish to purchase via the Website;
"Price" means the price of the Products as confirmed in the Acknowledgement of Order;
"Product" means any products available for purchase on the Website.
2.2 When we refer to "We", "Us" or "Our", we mean Staying Relevant. Where we refer to "You" or "Your" we mean you, the person accessing the Website and/or purchasing Products.
3. Terms of Sale
3.1 If there is any conflict or inconsistency between these Conditions, the Acknowledgement of Order or the applicable details on the Product page, these Conditions shall prevail.
3.2 The Price of Products is subject to change without notice and will be confirmed in the Acknowledgement of Order.
3.3 We reserve the right at any time to modify or discontinue any Products (or any part or content thereof) without notice at any time. We shall not be liable to You or to any third-party in relation to any modification, price change, suspension or discontinuance of the sale of the Products.
3.4 We have made every effort to display as accurately as possible the colours and images of the Products that appear on the Website. We cannot guarantee that the display of any colour on your computer, phone or tablet relating to the Products will be accurate.
3.5 For an Order to be processed by Us in the same day, the Order must be placed by no later than 12:30pm (UK Time). If an Order is placed after 12:30pm (UK Time), it may not be processed until the next Business Day. This means that if an order is paced after 12:30pm (UK Time) on a Friday, it may not be processed by Us until the following Monday.
4. Contract Formation
4.1 The Website displays Products that are advertised for sale and gives information about them. By advertising Products on the Website, We are inviting You to place an Order with Us. Each Order You place shall be deemed to be an offer by you to purchase the specified Products subject to these Conditions and the applicable details on the Product page.
4.2 By placing an order, You are confirming that You have read, understood and accepted these Conditions. Once We have received confirmation that Your payment has been authorised, your Order will be submitted to us. No Order shall be deemed to be accepted until We issue an Acknowledgement of Order to You, at which point a legally binding contract will be formed between Us and You in respect of the specified Products (the “Contract”). We may refuse Your Order or cancel Your Order if we consider it reasonable to do so, including without limitation (a) your payment is incomplete; or (b) we identify a pricing error on the Website; or (c) the Products are unavailable or out of stock; or (d) we have reason to believe that Your Order relates to fraudulent activity; or (e) any other reason in Our reasonable discretion.
4.3 We may refuse to process a payment transaction for any reason at our sole discretion. We will not be liable to You or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after the process of payment has begun.
4.4 The Products shown for sale on the Website are intended for private, consumer use and You must not resell the Goods. We will not be liable for any losses related to Your use of the Goods in the course of a business such as, lost profits, loss of business or business interruption.
4.5 No amendment or variation to a Contract shall be effective unless signed in writing by Us.
5. Payment
5.1 The prices of the Products are as shown on the Website when We accept Your Order. Delivery charges are shown separately and are payable in addition to the Price of the Products. The delivery charge payable may vary depending on the location of delivery, the value of Products and the type of Products.
5.2 Any offers and promotions shown on the Website are strictly subject to availability and We may amend or withdraw them at any time and without notice in our sole discretion. Nothing shall oblige Us to maintain offers or promotions.
5.3 We shall not dispatch the Products until We have received full payment for the Products (and any applicable delivery charges) in cleared funds in full.
5.4 The Website allows You to check Your Order and correct any errors before completing the Purchase of a Product. Please take the time to read and check Your Order at each page of the Order process
5.5 Purchases for Products may only be paid for using the payment methods that We make available via the Website from time to time through Our payment facility.
5.6 All prices of Products shall be shown in GB Pounds Sterling currency unless otherwise stipulated on the Website.
5.7 You accept that some banks may charge You an additional fee for certain transactions (for example, international transactions).
5.8 Delivery charges may vary depending on the destination to which You choose to have the Product delivered. For delivery destinations within the EU prices include VAT or other sales taxes where applicable. For delivery destinations outside the EU, prices do not include VAT or other sales taxes. You will be responsible for the payment of any import duties and/or taxes that are not included within the Price of a Product.
6. Delivery Arrangements
6.1 Your shopping basket on the Website will display the Products you have chosen to purchase and details of postage. Products will be delivered to the address that You provide in the Order process. If the Products are not delivered on the date expected, You should notify us of such non-delivery within 30 days of such failure of delivery.
6.2 We aim to deliver the Goods within the indicative timescales shown on Our Website however any delivery times quoted in Our Website or correspondence are in working days and are estimates only. Time shall not be of the essence in relation to the delivery of any Products and We shall not be liable for the late delivery of any Products.
6.3 If You Order more than one Product, We do not guarantee that all Products will be delivered to You in one delivery, and We reserve the right to deliver in multiple consignments
6.4 Ownership of the Products will only pass to You upon delivery of the Products. The Products will be at Your risk from the time of delivery and You should therefore take reasonable care of them.
7. Returns
7.1 You have the legal right (subject to certain exceptions set out below) to return the Products within 14 days of the day on which you received the Product (the “Cancellation Period”). You will be unable to return the Products outside of the Cancellation Period.
7.2 If you wish to return the Products, you must send us an email at support@srproductions.co.uk during the Cancellation Period quoting the information on the Acknowledgment of Order. We will then process your return and provide instructions on how to send the product back. We will inform You of the locations of our delivery partners for you to process the return. You must then return the Products to Us (at your own risk) within 28 days of notifying Us that you wish to return the Products.
7.3 To be eligible for a refund, any Products that You return must be unused and in the same condition that You received them. The Products must also be returned in their original packaging.
7.4 You will be unable to return any Products which are personalised.
7.5 Within 28-days of receiving your return Products, We aim to refund the full purchase price of the Products, save that the delivery and postage fees will not be refunded.
8. Disclaimer of Warranties and Limitation of Liability
8.1 The following provisions set out Our entire liability in respect of any Products purchased via the Website.
8.2 To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of the Products.
8.3 The Website is provided “as is” and “as available” and We expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties relating to the Products.
8.4 Your access and use the Website is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Website.
8.5 Subject to clauses 8.6 and 8.7, Our total liability under the Contract (or these Conditions) shall be limited to the Price of the Products you have paid Us.
8.6 Subject to clauses 8.6 and 8.7, We will not be liable to You in contract, tort or otherwise for any economic loss of any kind (including but without limitation of loss of use, loss of profit, loss of anticipated profit, loss of data, loss of business, overhead recovery, machining costs, revenue, or anticipated savings), any damage to the reputation or goodwill, any product recall or business interruption costs or any other special, indirect or consequential loss or damage (even if We has been advised of such loss or damage) arising out of or in connection with the Contract.
8.7 Nothing in the Contract or these Conditions shall exclude or limit Our liability for any death or any personal injury caused by Our negligence or any liability which cannot be excluded under the laws of England & Wales.
8.8 The provisions of this clause 8 shall survive the termination or expiry (for whatever reason) of the Contract.
8.9 Nothing in these Conditions shall limit or exclude Our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
9. Import Regulations and Duty
If You order Products from our Website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the Product is imported into the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing Your Order if You require any further information before placing your Order.
10. Website Links
10.1 Our Website must not be framed on any other website or linked to any other website.
10.2 Our Website provides links to other websites for your information. If You use these links, you leave the Website. We have not reviewed these third-party websites and We have no control over such sites or resources. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If You decide to access any of the third-party websites linked to the Website, You do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from Your use of them including the group gifting application which is provided by a third party.
11. Intellectual Property Rights
11.1 For the purposes of these Conditions, “Intellectual Property Rights” means any and all patents, trademarks, service marks, registered designs, any application for any of the foregoing, copyright, unregistered design rights and any other similar protected rights in any other country that are owned by us or capable of being owned by Us. The ownership of and sole rights to obtain the ownership of all Intellectual Property Rights shall at all times be vested in us.
11.2 We own, or are the licensee to, all right, title and interest in and to the Website and the content featured on the Website. You must not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the Website.
11.3 You must not extract or otherwise use any of the content on the Website for commercial purposes without obtaining a licence to do so from Us.
12. Viruses, Hacking and Other Offences
12.1 You must not misuse our Website by introducing viruses, Trojans, worms or other material which is malicious or harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website.
12.2 By breaching the provisions of this Clause 12, you would commit a criminal offence under the Computer Misuse Act 1990. We adopt a zero-tolerance procedure to such actions. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing Your identity to them.
13. Waiver
If We fail or choose at any time not to insist upon strict performance of any of Your obligations under these Conditions or the Contract, or if We fail or choose not to exercise any of the rights or remedies to which We are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations. No waiver by us of any of these Conditions or the Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
14. Severability
If any of these Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining Conditions, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15. Variation of Conditions
We may update these Conditions (and the documents referred to in them) from time to time and will notify such changes to You by uploading details of them on the Website. You should review the Conditions periodically for changes. By using the Website You agree to be bound by these Conditions. If You do not agree to be bound by these Conditions then please do not use the Website or purchase any Products from the Website.
16. Entire Agreement
16.1 These Conditions and any documents expressly referred to in them (including but without limitation the Acknowledgement of Order) constitute the entire agreement between You and Us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between You and Us, whether written or oral, relating to its subject matter.
16.2 You agree that You shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Conditions or any documents expressly referred to in them.
17. Force Majeure
17.1 We shall not be liable to You by reason of any delay failure to deliver the Products if the delay or failure is due to any act beyond our reasonable control, including but without limitation, any act of God, explosion, inclement weather, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition, regulations, bye-laws, prohibitions or measures of any kind on the part of any government or local authority, import or export regulations or embargoes, strikes, lock-outs or other industrial actions or trade disputes or power failure (each a “Force Majeure Event”).
17.2 If for any reason We anticipate that We will be prevented or hindered from delivering any Products due to a Force Majeure Event then We shall notify You and You may cancel the Order.
17.3 In the event of any cancellation of an Order following the occurrence of a Force Majeure Event, We shall be under no liability or obligation to You other than to repay the Price of the Product paid by you.
18. Rights of Third Parties
No provision of these Conditions shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 (the “Act”) or otherwise and the provisions of the Act shall be excluded.
19. Governing Law and Jurisdiction
Contracts for the purchase of Products through our Website shall be governed by English law. Any dispute arising from, or related to, such Contracts or these Conditions shall be subject to the exclusive jurisdiction of the courts of England & Wales and by placing any Orders You agree to submit to the exclusive jurisdiction of the courts of England & Wales.
20. Feedback and Complaints
20.1 If You have any feedback or complaints regarding the Website or the Products, please contact us by emailing support@srproductions.co.uk.
20.2 If You wish to amend the terms of Your Order, please contact support@srproductions.co.uk and We shall try and accommodate Your proposed amends where possible, however, We cannot guarantee that we will be able to accommodate any amends after We have sent the Acknowledgement of Order.