1.WHO WE ARE
We are skipnstitches.com.
These Terms and Conditions are our copyrighted intellectual property. Any use by third parties, even of extracts of the Terms and Conditions, for the commercial purposes of offering goods and/or services is not permitted. Infringements may be subject to legal action.
To place an Order with skipnstitches.com you must be over eighteen (18) years of age. If you are under eighteen (18), you may place an Order with skipnstitches.com only with the involvement of a parent or guardian.
You must not misuse our Platform. You shall not use any automated systems or software to extract data from this Platform for any purpose. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other material on the Platform which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s propriety rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Platform. Any breach of this provision may constitute an offence under the applicable laws. In the event such breach occurs, skipnstitches.com will report the breach to the relevant law enforcement authorities and appropriate legal action will be taken.
4.1 These Terms and Conditions shall apply to your use of the Platform and all Orders and Contracts made or to be made by us for the sale and supply of Products. These Terms and Condition constitute the entire agreement between you and skipnstitches.com and supersede any and all preceding and contemporaneous agreements between us.
4.2 You acknowledge that by entering into this Contract, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms and Conditions, except as expressly stated in the Terms and Conditions.
5.TERMS OF SALE
(a) To place an Order, you must register with us by creating an Account on the Platform. You must only submit to us information which is accurate and true. You must also keep your information up to date by informing us of any changes, by using the relevant sections of the Platform.
(b) You shall not misuse the Platform by creating multiple user accounts.
5.2 Formation of a Contract
(a) The information set out in the Terms and Conditions and the details contained on this Platform do not constitute an offer for sale but rather an invitation to treat. No Contract in respect of any Products shall exist between you and us until we have shipped the Products to your address.
(b) To submit an Order, you will be required to follow the online shopping process on the Platform. After this you will receive an Order Confirmation which will act as an acknowledgement of your Order.
(c) An Order is only considered accepted by us upon your Order being shipped to the delivery address provided by you.
(d) A Contract will relate only to those Products which we deliver to you. If your Order consists of more than one Product, the Products may be delivered to you in separate packages at separate times.
5.3 Price and Payment
Whilst we make best efforts to ensure that all details, descriptions and prices which appear on this Platform are accurate, there may be instances where errors may occur. If we discover an error in the price of any Products which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat the Order as cancelled. If you cancel your Order before we have shipped it to you, and you have already paid for your Order, you will receive a full refund.
(a)Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the ‘Grand Total’ .
(b) We are under no obligation to fulfil your Order if the price listed on the Platform is incorrect (even after your Order has been acknowledged by us).
(c) You can pay using any of our payment partners listed on our Platform or use the cash on delivery payment method. Similarly, you can pay all or part of the price of your Order using e-gift cards, wallet credit or a promotional voucher.
(d) E-gift cards and promotional vouchers must be entered online only. Physical presentation of vouchers to skipnstitches.com personnel will not be accepted.
(e) To minimise the risk of unauthorised access, we encrypt your card data. Once we receive your Order, we will request pre-authorisation on your card to ensure there are sufficient funds available to complete the transaction. Order will not be confirmed until this pre-authorisation check has been completed. Your card will be debited once we have sent you the Order Confirmation. Cards are subject to validation checks and authorisation by card issuer. If we do not receive the required authorisation, we will not be liable for any delay or non-delivery.
(f) Upon authorisation of the payment, by clicking the “Order now” button you are confirming that the card belongs to you or that you are the legitimate holder of the e-gift card or the promotional voucher, and have sufficient funds or credit facilities to cover the cost of the Product.
5.4 Refusal of Order
We reserve the right to withdraw any Products from this Platform at any time and/or remove or edit any materials or content on this Platform. We will make our best efforts to always process all Orders but there may be exceptional circumstances wherein, we may need to refuse to process an Order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.
If we cancel your Order and you have already made payment for your Order, the payment amounts will be fully refunded to you.
We will not be liable to you or any other third party by reason of our withdrawing any Product from this Platform, whether it has been sold or not, removing or editing any materials or contents on this Platform or for refusing to process or accept an Order.
6.DISCLAIMER OF LIABILITY
6.1 The content displayed on this Platform is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, skipnstitches.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Platform and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
6.2 Nothing in these Terms and Conditions shall exclude or limit skipnstitches.com’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
You agree to indemnify, defend, hold harmless skipnstitches.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this Platform or your breach of the Terms and Conditions.
8.GUARANTEE AND COMPLAINTS MANAGEMENT
8.1 skipnstitches.com shall perform its obligations under these Terms and Conditions with reasonable skills and care.
8.2 In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the Order number that was assigned to you in the Order Confirmation. In rare cases, your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you. If you did not receive any response from us within five (5) Business Days, please make further enquiries.
9.CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEURE)
9.1 We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation:
(a) Strikes, lock-outs or other industrial action
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks
(f) The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents.
9.2 In the circumstance that the Force Majeure event lasts for more than one week, either you or we may terminate the Contract forthwith by written notice and without any liability other than a refund of a Product already paid for by you and not delivered.
9.3 If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of a Force Majeure event, we may decide at our absolute discretion which Contracts we will perform and to what extent.
9.4 We reserve absolute discretion on the solution we adopt in fully meeting our obligations under the Contract despite the Force Majeure Event.
Any notice under a Contract shall be given in writing through either letter or email to the relevant party at the address or email address last known to the other.
(a) Notices given by post shall be deemed to have been served with two (2) Business Days of being posted to the recipient’s address.
(b) Any notice given by email shall be deemed to have been served within two (2) Business Days of the email being sent.
In proving such service, it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
11.INTELLECTUAL PROPERTY RIGHTS
11.1 All content included in or made available through our Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles and data compilations is the property of skipnstitches.com or its content suppliers and is protected by copyright laws and treaties around the world. All such rights are reserved by skipnstitches.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Platform nor may you use any such content in connection with any business or commercial enterprise.
11.2 In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Platform are trademarks of skipnstitches.com. skipnstitches.com’s trademarks may not be used in connection with any product or service that is not provided by skipnstitches.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits skipnstitches.com. All other trademarks not owned by skipnstitches.com that appear on the Platform are the property of their respective owners.
11.3 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
11.4 You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors. In the event skipnstitches.com becomes aware of any infringement of its intellectual property rights, it shall not refrain from taking any relevant legal action.
11.5 If you print, copy or download any part of our Platform in breach of these Terms and Conditions, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by skipnstitches.com or its licensors.
12.LINKS TO THE SITE
12.1 You may link to our home page, provided you do so in a way that is legal and is not likely to damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
12.2 You must not establish a link from any Platform that is not owned by you.
12.3 This Platform must not be framed on any other Platform, nor may you create a link to any part of this Platform other than the home page. We reserve the right to withdraw linking permission without notice.
Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
14.THIRD PARTY RIGHTS
No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.
No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.