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AMBLE PIN CUSHION TERMS AND CONDITIONS
Welcome to Amble Pin Cushion. Please read the following Terms and Conditions (“Terms”) carefully before using the Service (defined below) so that you are aware of your legal rights and obligations with respect to your purchase from Amble Pin Cushion. Our company information is under “Contact Us” at the end of this document. By placing an Order through, or otherwise using, the Service, you signify your agreement to these Terms. Please print or save these Terms for future use as we will not keep a file copy specifically for the transaction with you, and we cannot guarantee that they will remain accessible on our website in future. If you do not agree to these Terms, please do not use the Service in any way, or place an Order through the Service. Where we refer to “Consumer”, we mean an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. We are legally required to remind Consumers that we are under a legal duty to supply goods that are in conformity with the contract. Furthermore, nothing below affects Consumers’ legal rights in relation to goods that are not in conformity with the contract, whether because they are faulty, not as described or otherwise. If you are in the United Kingdom, you can get advice about your legal rights from your local Trading Standards office or Citizens’ Advice Bureau.
- Ability to Accept Terms.
The Service is intended only for individuals who are over the age of eighteen (18). If you are under 18 years of age, please do not use any part of the Service or place an Order through the Service.
Amble Pin Cushion reserves the right to modify these Terms at any time by posting the changes on our website at https://www.amblepincushion.co.uk/terms-of-service. Such changes will take effect ten (10) days following the posting of the revised Terms, and your use of any part of the Service after we have posted such changes means that you agree to be bound by the Terms as modified.
- Use of the Service.
4.1. Right to Use.
Subject to your compliance with these Terms, Amble Pin Cushion hereby grants you a limited, revocable, non-transferable, non-sub licensable and non-exclusive license to access and use the Service solely for the purpose of buying Merchandise. Merchandise is intended for non-commercial use only, and you acknowledge that buying Merchandise for resale in the same manner (i.e. without being used in the construction of another product) is prohibited under these Terms.
You agree to comply at all times with these Terms as well as all applicable laws, regulations, and rules (“Laws”), and you agree not to directly or indirectly: (i) copy, distribute, make derivative works of, or modify any part of the Service without our prior written authorisation; (ii) transmit via the Service any software viruses, or other harmful computer code, files or programs; (iii) disrupt the servers or networks connected to the Service; (iv) circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Service; (v) collect Content(defined below) or information from the Service, or otherwise access the Service, by using any automated means, including without limitation, “robots,” “spiders,” “scrapers” and “offline readers,” or the like, without our prior written approval which, even if given, we may revoke at any time; (vi) collect or harvest any personally identifiable information from the Service; (vii) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on the Service; (viii) use the Amble Pin Cushion name, logo or trademarks without our prior written consent; and/or (ix)use the Service to violate any Laws, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches these Terms.
We cannot guarantee that our Service will be uninterrupted or error-free. We are entitled without notice and without liability to suspend the Service for repair, maintenance, improvement or other technical reason.
- Purchases; Payment; Delivery.
5.1. Accepted Payment Methods.
You may pay by debit card, credit card or another alternative payment method specified as part of the Retailer’s checkout process. We may change the payment methods at any time but this will not affect any existing Order. The availability of a certain payment method may depend on your geographical location.
If you buy Merchandise via the Service, then you acknowledge and agree: (i) that we, or one of our third party payment processors (“Payment Processor”), may charge you through the payment method you have selected for such Order and such other amounts that may accrue in connection with the Order; (ii) that you will provide valid and current information for (a) yourself and (b) if applicable, another person, but only if you have first obtained their express consent to do so; (iii) that we may use the tools, software or services of Payment Processors to process transactions on our behalf; and (iv) if your payment is not received by us for any reason from your card issuer, you agree to promptly pay all amounts due upon demand and using the method that we reasonably prescribe, and that any amount not paid when required to be paid will accrue interest on a daily basis until paid in full at the at the rate for the time being that is applicable under the Late Payment of Commercial Debts (Interest) Act 1998.
The price of Merchandise may be either pre-set in your local currency or calculated according to the rate of exchange between the base currency on the Retailer’s site and the currency that you select as part of the purchase process at the time you place your Order. We reserve the right to set and update such exchange rates regularly at our sole discretion, and you acknowledge that such updates may affect Merchandise pricing on the Service. You will be charged according to the applicable exchange rate at the time you place your Order via the Service.
5.4.1. For certain shipping destination countries and/or Merchandise, you may be offered the option to pre-pay applicable Taxes, which will then be calculated and included in the final price when you place an Order through the Service. You acknowledge that such Taxes are set by the shipping destination country and therefore may vary from country to country.
5.4.2. In the event that the option to pre-pay applicable Taxes is available for you and you choose to pre-pay such Taxes, your final price will be fully guaranteed by Amble Pin Cushion, and Amble Pin Cushion will be fully responsible for paying the actual Taxes as will be determined by your shipping destination country upon import of your Order, including if the amount of such actual Taxes will be different than the amount paid by you to Amble Pin Cushion as part of your checkout process. Amble Pin Cushion may contract with a local licensed customs broker in your country, in which case, by ordering Merchandise via the Service, you authorise the applicable customs broker to act as your agent to: (a) conduct transactions with the local customs authority, (b) execute related documents on your behalf in connection with the import of Merchandise in your Order, (c) facilitate the payment of applicable Taxes; and (d) if applicable, return such Merchandise to Amble Pin Cushion(subject to these Terms). However, you acknowledge that, in the case of a return of Merchandise under the Additional Returns Policy below, you will be fully responsible for claiming back such Taxes from the applicable tax authority, to the extent possible, and Amble Pin Cushion shall have no responsibility or liability in connection with such claim.
5.4.3. For clarity, you may decide not to pre-pay the Taxes via the Service or the option to pre-pay Taxes may not be available for your shipping destination country and/or your Merchandise, in which case (i.e. where pre-pay doesn’t apply): (a) you acknowledge that the amount of Taxes displayed under the pre-pay option on the Service may not reflect the actual Taxes payable by you as determined by your shipping destination country’s relevant authority, which may be more or less than such estimate; and (b) you will be fully responsible for paying all applicable Taxes directly to the relevant authority (and for reclaiming them in the event of a cancellation or return or a return of Merchandise, to the extent permitted in the these Terms) as determined by the authorities of the shipping destination country, and Amble Pin Cushion shall have no responsibility or liability in connection with the foregoing.
5.5. Orders, Acceptance and Steps to Conclude the Contract.
You place your order by using the applicable ordering process. This involves selecting the Merchandise, placing it in the shopping cart and transmitting the order by clicking on the “Place order” button. This process permits you to check and amend any errors before making an order by using the “back” button in your browser tool bar. Your acceptance of these Terms does not constitute our acceptance of your Order to buy the Merchandise – it only constitutes our acknowledgement of your Order. We do not accept your Order (and therefore we make no commitment to provide you with the Merchandise), and no contract for the sale of such Merchandise shall come into effect, until we specifically accept your Order and notify you by email that we have actually received the Merchandise from the Retailer. Once you have placed your Order, we will promptly acknowledge your Order by sending you an email which will contain the relevant details of your Order. To the extent that the payment method you selected during the checkout process supports an authorisation mechanism (e.g. most credit-cards), when you place your Order we will only authorise the applicable amounts, and you will be charged the applicable amounts only after the Merchandise you have ordered has been processed by Amble Pin Cushion . We make commercially reasonable efforts to process and fulfil any Order you place through the Service as quickly as possible. However, we reserve the right, upon notice to you, to refuse or cancel Orders if: (a) the Merchandise you selected is unavailable; (b) we are unable to verify the payment information you provided; (c) the description or pricing information for the Merchandise you selected is inaccurate or incorrect; and/or (d) you seriously breach these Terms. We may also require additional verifications or information before accepting any Order.
5.6. Fulfilment, handling and delivery of Orders.
Delivery will be complete when we deliver to the address which you specify when ordering. We may deliver different parts of your order on different dates. Delivery is only to the countries specified on the Retailer’s website and is subject to any restrictions stated there. Unless otherwise stated, delivery dates given on the Retailer’s delivery page and/or as part the checkout process are estimates only. We have no liability for any losses arising from delay in delivery to the extent that this is due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay. For example, delays resulting from customs clearance procedures or other actions of relevant authorities are generally outside our reasonable control. If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company to arrange re-delivery.
5.7. Risk and ownership.
Risk of damage or loss to the Merchandise passes to you on delivery to you or to somebody identified by you to take possession of the Merchandise or to your carrier. You become owner of the Merchandise after the later of delivery of the Merchandise and payment of the price plus delivery charges. Until that happens, you hold the Merchandise on our behalf.
- Right of Cancellation
6.1. If you are a Consumer resident in the European Economic Area (EEA), you have the right to cancel this contract subject to the provisions set out below. This right is not affected by any separate returns policy in these Terms or on our site or a Retailer site.
6.2. There is no right to cancel contracts for the supply of:
6.2.1. goods made to your specifications or which are clearly personalised;
6.2.2. goods liable to deteriorate or expire rapidly; or
6.2.3. newspapers, periodicals or magazines (excluding subscriptions).
6.3. You lose the right to cancel contracts for the supply of:
6.3.1.sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery; or
6.3.2.sealed audio or video recordings or software if unsealed after delivery.
6.4. If you do have the right to cancel, the following instructions apply:
Right to cancel
6.5. You have the right to cancel this contract within 14 days without giving any reason.
6.6. The cancellation period will expire after 14 days from the day:
6.6.1. on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods;
6.6.2.(in the case of multiple goods ordered by you in one order and delivered separately:) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good; or
6.6.3 in the case of a contract relating to delivery of a good consisting of multiple lots or pieces: on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.
6.7. To exercise the right to cancel, you must inform us:
Abrinor Ltd. T/A Amble Pin Cushion Address: 20-22 Queen Street
Amble By The Sea
of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail).
6.8. 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
6.9. If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
6.10. 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.
6.11. We will make the reimbursement without undue delay, and not later than:
6.11.1. 14 days after the day we receive back from you any goods supplied, or
6.11.2. (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
6.11.3.if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
6.12. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
6.13. You shall send back the goods or hand them over to us at:
Abrinor Ltd. T/A Amble Pin Cushion Address: 20-22 Queen Street
Amble By The Sea
United Kingdom, unless a different address will be provided by us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
6.14. You will bear the direct cost of returning the goods.
6.15. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
- Additional Returns Policy
7.1. Return Policy.
This is our Returns Policy which applies to all customers. It is in addition to, and does not affect, the separate legal right of cancellation which is available to EEA Consumers in some circumstances as explained above. Nor does it apply to faulty Merchandise. Please note, that, in the case of returns, even though you will be returning Merchandise directly to us, returns (including whether you have a right to return Merchandise) are nevertheless subject to the terms and conditions of the return policy of the applicable Retailer from whom Amble Pin Cushion has purchased such Merchandise and then resold to you (“Retailer Return Policy”). However, despite the provisions of any Retailer Return Policy: (a) in order to return Merchandise, you must request an RMA (see below) within thirty (30) days from the date the Order was placed (even if the Retailer Return Policy specifies a longer period) and ship the return Merchandise to us promptly upon receipt of the RMA, and (b) Amble Pin Cushion will not accept any return Merchandise that was used or damaged by you or where the original packaging of such Merchandise has been opened, without prior consent.
7.2. Return Procedure.
If you wish to return Merchandise under this Additional Returns Policy, you must first contact Amble Pin Cushion by sending an email to firstname.lastname@example.org in order to obtain a return merchandise authorisation (“RMA”) code. Amble Pin Cushion will then contact you within a reasonable time to confirm instructions concerning return shipment, including an RMA code which you must include in the return package. Upon receipt of the returned Merchandise by Amble Pin Cushion, and confirmation that it has been returned in accordance with the applicable requirements, Amble Pin Cushion will reimburse you for the original sale price of the returned Merchandise. If you have paid Taxes in connection with your Order (either pre-paid through the Service or paid upon receipt of the Order), you acknowledge that (a) you must request reimbursement directly from the customs authority in your country, (b) it will be your sole responsibility to claim such Taxes back from the customs authority in your country, and (c) we cannot guarantee that such claim will be successful. If you have pre-paid Taxes through the Service in connection with your Order, upon your written request we will use commercially reasonable efforts to assist you in obtaining reimbursement of such Taxes. Any Delivery Costs paid in connection with the Order are non-reimbursable. Moreover, any shipping and clearance costs incurred by you when returning Merchandise are non-reimbursable. You agree to ship the Merchandise back to us using a Fulfilment Provider substantially similar to the Fulfilment Provider used in shipping the Merchandise to you. For example, if your Order was shipped through a courier service offering a tracking number, you must return the Merchandise back to us using a similar courier service offering a tracking number.
- Intellectual Property Rights.
The (i) text, documents, articles, brochures, descriptions, graphics, photos, sounds, videos and interactive features on the Service (“Materials”), (ii) any software contained in or used by the Service (“Software”); and (iii) the trademarks, service marks and logos shown on the Service (“Marks” and together with the Software and Materials, the “Content”), are the property of Amble Pin Cushion and may be protected by applicable copyright or other intellectual property laws and treaties. The Amble Pin Cushion logos, are Marks of Amble Pin Cushion or its related companies. All other trademarks, service marks, and logos used on the Service are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Service, including all Content. Content on the Service is provided to you on an ‘as is’ and ‘as available’ basis for your personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
- Information Description and Accuracy.
We will take reasonable care to ensure that representations and descriptions of Merchandise are correct. However, you acknowledge and accept that there may be minor differences between the actual Merchandise and the way that it appears on the relevant website, e.g., in relation to appearance / colour / texture / finish. The labelling or packaging of the Merchandise may differ from the images of these which you see on the site.
We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Service, and your use thereof, as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Amble Pin Cushion, our users or the public
You agree that you will not export, sell, or transfer any Merchandise purchased via the Service in violation of any Laws.
14.1. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited.
14.2. You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.
14.3. The following clauses apply only if you are a Consumer:
14.3.1. We are not responsible for any loss or damage caused by us or our employees or agents in circumstances where:
22.214.171.124.there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
126.96.36.199.such loss or damage was not foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
188.8.131.52.such loss or damage is caused by you, for example by not complying with this agreement; or
184.108.40.206.such loss or damage relates to a business (as we do not intend for Merchandise bought by Consumers to be used for business).
14.3.2. You will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).
14.4. The following clauses apply only if you are not a Consumer:
14.4.1. In this clause, any reference to us includes our employees and agents.
14.4.2. Our liability of any kind (including our own negligence) is limited to the price paid for the Merchandise.
14.4.3. In no event (including our own negligence) will we be liable for any:
220.127.116.11.economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
18.104.22.168.loss of goodwill or reputation;
22.214.171.124.special, indirect or consequential losses; or
126.96.36.199.damage to or loss of data (even if we have been advised of the possibility of such losses).
14.4.4. You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement.
14.4.5. This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
14.4.6. To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
- Events outside our control
15.1. We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
16.1. Termination. These Terms are effective until terminated by Amble Pin Cushion or you. Amble Pin Cushion, in its sole discretion, has the right to terminate these Terms and/or your use of the Service, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Amble Pin Cushion shall not be liable to you or any third party for termination of the Service, or any part thereof. However, notwithstanding termination, we will fulfill Orders that have been accepted by us in accordance with these Terms and for which you have been charged before termination. Upon termination of these Terms, you shall cease all use of the Service.
- Contact Us.
We aim to constantly improve our Service. If you have any questions or complaints about Amble Pin Cushion, these Terms or the Service, please contact us at email@example.com
or at our trading address and registered offices at
Abrinor Ltd. T/A Amble Pin Cushion
Address: 20-22 Queen Street
Amble By The Sea
Our company registration number is 9786198 (Abrinor Ltd. t/a Amble Pin Cushion).
- Independent Contractors. You and Amble Pin Cushion are independent contractors, and nothing in these Terms creates a partnership, joint venture or employment relationship between you and Amble Pin Cushion.
- Governing Law and Disputes. These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of England and Wales.
- Miscellaneous. We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce any term of this agreement except insofar as expressly stated otherwise.
Cancellation of contract: – To
Abrinor Ltd. T/A Amble Pin Cushion Address: 20-22 Queen Street
Amble By The Sea
(or via email: firstname.lastname@example.org:
I/We [*] hereby give notice that I/we [*] cancel my/our [*] contract of sale of the following goods: – Ordered/Received on [*]: – Name of consumer(s): – Address of consumer(s): – Order reference number: – Reason: – Signature of consumer(s) [only if this form is notified on paper]: – Date of this cancellation notice: [*] Delete as appropriate