Mail Order & Telephone Order Terms & Conditions
PRICING AND AVAILABILITY
• RRP is the recommended retail price on the high street.
• Unit Price Equivalent is a legal requirement under the Price Marking Order 1999.
• Goods are not to scale. We are unable to guarantee the size of the Goods beyond what is clearly marked.
• We have made reasonable endeavours to ensure the information is correct at the time of writing. We are unable to guarantee the prices or description of the Goods and reserve the right to make alterations without prior notice. We will notify you of any price changes in accordance with condition 3 below.
• Goods illustrated are subject to availability. Product images are reproduced with the consent of the owner or licence holder of the copyrights and trademarks in such products.
• Goods are available for order by overseas customers. Ryklyn UK Ltd at its sole discretion may decide which countries and territories we chose to service and may refuse orders without notice from areas that are known to have a high instance of postal fraud or from where the origination of the funds used to purchase may be unknown or from suspected illegal activities.
• All overseas customers are required to e-mail in advance in order to fulfil the above point and so that overseas shipping costs can be calculated (shopping cart is set to UK use only) and fully communicated before an order is placed. Ryklyn UK Ltd may refuse to fulfil any order that does not meet these conditions.
TERMS AND CONDITIONS FOR RYKLYN UK LTD
These are the Terms and Conditions for the products available for purchase through Ryklyn UK Ltd and its subsidiaries (the “Goods”) and ordered by you by purchasing through our websites, our trading partners websites, by e-mail, phone or in person.
1. ABOUT US
These Terms and Conditions are published by Ryklyn UK Ltd (“ryklynuk”, “we”, “us”), a company registered in England and Wales (Company number 5447250). If you have any comments or questions about these Terms and Conditions, Ryklyn UK Ltd or any aspect of our services please contact us by one of the methods shown in our ‘Contact Us’ section.
2. DATA PROTECTION
2.1 If you place an order with Ryklyn UK Ltd, we will record your personal details. Your data will be used principally to provide you with the Goods you have purchased. We retain the data you provide from time to time, including data we collect when you place an order or use our Goods. Your data may be used for the following purposes: accounting, billing and audit, payment card verification, security, administrative and legal purposes, systems testing, maintenance and development, customer relations and to help us in any future dealings with you, for example by identifying your requirements and preferences. For these purposes we may disclose your data to any of the following: other companies in the Ryklyn UK Ltd group, other companies involved in providing you with the Goods you have ordered (including our payment gateway service provider, logistics providers and customer service agents), data processing companies, our technology suppliers, government and enforcement agencies and credit and charge card companies. This may involve sending your data outside the European Economic Area and some of the countries to which the information is sent may not protect information as extensively as the UK.
2.2 If you would like more information regarding Ryklyn UK Ltd’s privacy policy please refer to the Privacy Policy.
3. ORDERS
3.1 By:
• Completing the ordering process via our websites or those of our trading partners;
• Completing a mail order form and emailing it to us;
• Placing an order with us via telephone;
together the “Requests”.
The Request you are making is an offer which, if accepted by us, will constitute a binding agreement between us.
3.2 You are responsible for ensuring the accuracy of the terms of any order you submit. If, due to any variation in price of the Goods, the price of the Goods is different to that set out in your Request, we will contact you separately to confirm the price of the Goods with you, prior to processing your order in accordance with condition 3.3 below.
3.3 No order shall be deemed to be accepted by us unless and until it is confirmed in writing via email by us (where applicable) and payment in full in cleared funds has been received by us from your payment card. We reserve the right to reject any order without notice or reason.
4. PRODUCT AVAILABILITY AND DESCRIPTIONS
4.1 We take care to ensure that all product information and pricing in respect of the Goods featured in Ryklyn UK Ltd’s websites are accurate. However, our Goods are continually updated and the images, specifications and prices may change. The representation of colours in the artwork may vary from the actual colours. Goods shown may not be to scale.
4.2 All Goods are subject to availability. In the event that your chosen Goods are not available we will cancel your order and: (a) notify you and no payment will be taken; or (b) if we have already taken payment from your card, we will notify you and credit your payment card within 3 days with the sum that we have taken. We may, with your permission, place your order on hold awaiting Goods.
5. ERRORS
Any typographical, clerical or other error or omission in Ryklyn UK Ltd’s websites and those of our trading partners shall be subject to correction without any liability on our part.
6. PRICE
6.1 The price of the Goods will be the price set out in Ryklyn UK Ltd’s websites and those of our trading partners (or such price as otherwise notified to you in accordance with condition 3.2) together with delivery charges as set out in conditions 8 and 9.
6.2 We reserve the right to change the prices quoted in Ryklyn UK Ltd’s websites and those of our trading partners at any time.
6.3 Prices for Goods in Ryklyn UK Ltd’s websites and those of our trading partners are shown in £sterling (GBP). However you will be liable for any import duties and local sales taxes that may be levied in the country of delivery. Goods shipped to overseas locations will be liable for increased shipping charges. Please e-mail your order instead of using the shopping cart as the postal rates are caculated for UK use only.
6.4 If you use a payment card, transactions in relation to your order will appear on your payment card statement as “Ryklyn UK Ltd”. Transactions will be effected in £sterling (GBP) and, where applicable, converted to your home currency at the rate prevailing on the date of the transaction.
7. PAYMENT METHOD
7.1 If you pay using a payment card then, upon providing us with details of your chosen payment card and submitting an order, you confirm that you are authorised to use the payment card to pay for Goods on the Request and authorise us to deduct from the payment card the full price of the Goods and all other payments due such as delivery charges.
8. DELIVERY
8.1 The Goods will be delivered to the address shown for delivery on your Request. Items ordered together might be dispatched separately.
8.2 Whilst we will try to deliver your order within 4 days from receipt of your Request (depending on the delivery address) you should allow up to 15 days for delivery.
8.3 Whilst every effort is made to deliver the Goods in accordance with the timescales set out in condition 8.2, we do not accept any liability for late delivery of the Goods and time for delivery of the Goods is not of the essence. Ryklyn UK Ltd may not be held liable for any losses, tangible or otherwise, that may occur due to late delivery for reasons beyond our control.
8.4 Title to and risk in the Goods shall pass to you on delivery.
8.5 Delivery charges may apply. You will be informed of this prior to payment being taken. Overseas customers should e-mail orders to Ryklyn UK Ltd prior to placing orders. Increased delivery charges will apply in all cases due to the cost of shipping to overseas locations. Ryklyn UK Ltd will calculate and communicate these prior to any overseas order being deemed complete.
9. CANCELLATION AND RETURNS
9.1 You may cancel your order without having to give a reason for up to 7 days after the date upon which you received the Goods. You must return to us Goods that you do not wish to keep within 14 days of receipt and in the condition in which they were received, together with our Returns Form which may be printed from our site, (detailing your order number, the delivery address and your contact details, date of order and why you are returning) and the original delivery note to enable us to process your request promptly. Once we have received the Goods, we will either credit the payment card that you used for payment or send you a cheque or, if you prefer, replace the Goods with alternative goods up to the value of the original Goods purchased.
9.2 You are not entitled to cancel orders for Goods that have been personalised or which have been used or damaged after delivery (except where the Goods are defective, excluding wear and tear or wilful damage or negligence of anyone other than us, our contractors or agents). We will not be responsible for returned Goods that are lost or damaged in transit. Proof of postage will not be accepted/deemed as proof of receipt/delivery. You should take reasonable care to ensure that the Goods returned to are not damaged in transit and if appropriate arrange suitable insurance and tracking. If the Goods are not received by us before 14 days from receipt the sale will be deemed accepted and complete.
9.3 Please note that in the case of:
• non-defective Goods, you will be responsible in full for the cost of safe delivery back to us;
• defective Goods (excluding wear and tear or wilful damage or negligence of anyone other than us, our contractors or agents), the reasonable costs of safe delivery back to us will be refunded to you in full.
10. LIABILITY
10.1 You should notify us of any claim by you which is based on any damage to the Goods at the time of delivery or their failure to correspond with the description within 7 days from the date of delivery. If you do not notify us within the required timescales it may be harder for you to prove that the damage occurred before delivery and you shall be liable for any damage that occurs following delivery.
10.2 If there is a defect in the quality or condition of the Goods and you notify us of the defect within 7 days of the date of delivery of the Goods we will refund or replace the Goods purchased. If the defect in the Goods is due to wear and tear or wilful damage by or negligence of anyone other than us, our contractors or agents we shall have no liability to you in respect of such defect.
10.3 In the event that a valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods as stated in condition 10.2 and is notified to us in accordance with these Terms and Conditions, we (at our sole discretion) shall either replace the Goods free of charge or refund to you the price of the Goods but we will have no further liability to you.
10.4 Subject to condition 10.5, we shall not be liable for any loss or damage (in contract, negligence or otherwise) where:
(a) there is no breach of a legal duty of care owed to you by us; or
(b) the loss or damage is not a reasonably foreseeable result of any such breach; or
(c) the loss or damage is an indirect result of any such breach; or
(d) any increase in loss or damage results from a breach by you of these Terms and Conditions.
10.5 Nothing in these Terms and Conditions excludes or limits our liability for fraudulent misrepresentation or for death or personal injury caused by our negligence. These Terms and Conditions do not exclude or restrict the liability of us towards you as a consumer within the Unfair Terms in Consumer Contracts Regulations 1999, the Unfair Contract Terms Act 1977 or the Consumer Protection (Distance Selling) Regulations 2000.
10.6 Your statutory rights are not affected by these Terms and Conditions.
10.7 We shall have the right to suspend or cancel our obligations (without liability to you) in whole or in part if we are delayed or prevented from carrying on our business or any of our obligations under these Terms and Conditions due to any circumstance beyond our reasonable control.
10.8 Any intellectual property rights created by us in the course of performance of our obligations under these Terms and Conditions shall remain our property. Nothing in these Terms and Conditions shall be deemed to have given you a licence or any other rights to use the intellectual property rights owned by or licensed to us.
10.9 No third party (excluding any member of the Ryklyn UK Ltd group, who shall have such benefit and right) shall have the benefit of or the right to enforce these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
10.10 The Goods are sold for personal use only and not for resale. For sales by us only to other businesses, condition 10.10 shall not apply.
10.11 These Terms and Conditions set out the entire agreement and understanding between you and Ryklyn UK Ltd in connection with the sale of the Goods and shall supersede and replace all previous written or oral proposals, arrangements, understandings and agreements between us in relation to the matters dealt with in these Terms and Conditions. You acknowledge and represent that you have not entered into this agreement in reliance on and waives all rights and remedies which, but for this Condition 10.11, might otherwise be available to you in respect of any representation, warranty, undertaking or other statement, expressed or implied, oral or in writing, given or made by or on behalf of Ryklyn UK Ltd except in so far as contained in these Terms and Conditions.
11. FRAUD
11.1 It is an unfortunate sign of the times that we even have to include a section such as this, however their are people that feel that they can use loopholes or flaunt the law. This is unfair to us and all of our other customers, whom then have to foot the bill of others selfishness.
11.2 Every possible precaution is taken by us to cut any fraud from our business. We do not defraud you and consequently we do not expect it to be commited against us. Where any of the following occur they will be ajudged to be a fraudulent attempt to obtain goods by deception and will be reported to the authorities immediatley and followed up with a veiw to obtaining all lost monies and a conviction either by criminal or civil means.
(a) Paypal.
Any attempt to chargeback via Paypals insurance service, where unwarranted. Where a genuine claim exists we will refund directly.
(b) Card chargebacks.
Any attempt to chargeback via your cards chargeback service, where unwarranted. Where a genuine claim exists we will refund directly.
(c) Non Receipt claims.
With any attempt to claim non-receipt, we will use the Proceed of Crime Act 2002 to judge how a Reasonable and Honest person would act. If a parcel has not been received contact us first. We will instigate a post office investigation. This will involve you completeing a legal form to say that you have not received the parcel. A Reasonable and Honest client would have no problem doing this for us in the event of a claim and that any refusal to do so indicates clearly that the goods have in fact been received. A police investigation will then be undertaken.
The above are some examples of the fraud that we wish to eliminate, but are not restricted to these examples only.
12. LAW AND JURISDICTION
These Terms and Conditions shall be subject to English law and the parties hereby submit to the non-exclusive jurisdiction of English courts.