TERMS AND CONDITIONS OF BUSINESS
1. This website is operated by Fantastic Illuminations Ltd trading as PowerShackShop. Where these terms and conditions use terms such as "Site", "we", "us" and "our" they refer to PowerShackShop.
2. We offer this website, including all the information, tools and services available on it, on the condition that you accept these terms and conditions together with our Conditions of Use, Privacy Policy, Cookies Policy and Sale Terms.
3. By visiting our website and/or purchasing something from us, you are deemed to have accepted these terms and conditions.
4. You can view the most current version of these terms and conditions at any time by visiting this website page. We reserve the right to update, change or replace any part of these terms and conditions, without prior notice to you by posting updates on this page. It is your responsibility to check this page on each visit to this website to read these terms and conditions and ensure you understand them before making a purchase.
GENERAL CONDITIONS
5. If you are a consumer, you may only purchase Goods from our Site if you are at least 18 years old.
6. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our Site to purchase Goods.
7. We reserve the right to refuse service to anyone for any reason at any time.
8. Any content that you enter onto this website may be transferred unencrypted and involve transmissions over various networks and may involve changes in order to conform and adapt to the technical requirements of connecting networks or devices.
9. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit for commercial gain or otherwise any portion of any of the content on the website or any other part of the service that we offer on this website.
10. Headings and titles used on this website are done so for convenience only. They do not constitute any part of the terms and conditions and will not limit or otherwise affect the terms herein.
ONLINE STORE TERMS
11. Our website offers a range of products and or services for sale. Where we refer to an 'item' we are referring to a single product or service available for purchase on this website.
12. We will take all reasonable care to ensure that the details displayed for a particular item offered for sale are correct at the time when the information was entered onto the system.
13. The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display them accurately, we cannot guarantee that your computer will display the Goods accurately and therefore your Goods may vary slightly from the images on the Site. Also, the packaging of the Goods may vary from that shown on the images on our Site.
14. We may not be able to accept your order due to one or more of the following reasons, or for a reason not listed below:
i) The item you have ordered is out of stock
ii) We cannot authorise your payment or have reasonable grounds to suspect your payment may be fraudulent
iii) There has been a pricing or product description error
iv) There is a system or procurement failure
v) You have failed our customer validation checks
15. When you place an order you will receive an email confirming the details of your order. This email is not confirmation that your order has been accepted by us.
16. Your order will only be accepted by us once your goods have been dispatched.
MODIFICATIONS TO OUR SERVICE AND PRICING
17. Prices for items are subject to change without notice.
18. We reserve the right to at any time, modify or discontinue any part of the service that we offer or any part of content thereof, without any notice to you.
19. We accept no liability to you or to any third-party for any modification, price change, suspension or discontinuation of the service.
MISTAKE IN PRICES
20. It is always possible that despite our best efforts some of the Goods on our site may be incorrectly priced. If we discover an error in the price of the Goods you have ordered we will inform you to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process we will treat the order as cancelled and notify you in writing.
21. Please note that if a pricing error occurs (which is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing), we do not have to provide the Goods to you at the incorrect (lower) price.
DELIVERY
22. During checkout, you may be presented with one or more options for delivery. Where an estimated timescale for delivery is provided, this is an estimate only and your items may be delayed in being received due to circumstances beyond our control (such as a courier delay at busy times).
23. Timed delivery services apply from the point of dispatch, not from the time you placed the order.
24. We will deliver your Goods in accordance with the availability shown on the Site unless there is an Event Outside Our Control (please see below). For Goods shown as in-stock they will be dispatched on the next available dispatch date indicated in the red header box displayed at the top of every page on our Site. For goods not in stock and shown as available in a number of working days they will usually be despatched within that period. If for whatever reason we cannot source items which are not in stock then we will advise you of this by email as soon as possible.
25. Delivery will be completed when we deliver the Goods to the address you have given to us.
26. The Goods will be your responsibility from the completion of delivery. You own the Goods once we have received payment in full, including all applicable delivery charges. Unfortunately, we do not deliver to addresses outside the UK. If you are based outside of the UK, you should make your own arrangements to have the order delivered to a UK address, collected from the UK or arrange for delivery to be made outside of the UK.
ORDER CANCELLATION
27. If you are a consumer under a "distance contract", you have a legal right to cancel the Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 for up to 30 working days after the date the Goods are delivered. This means that during this period if you change your mind or for any other reason you decide you do not want to keep the Goods, you can notify us of your decision to cancel the Contract and receive a refund. However, this cancellation right does not apply to non stock items, made-to-measure or custom-made Goods.
28 .To cancel a Contract, please contact us through the web site contact page or e-mail us at sales@powershackshop.co.uk. If you contact us to notify us of your cancellation then your cancellation is effective from the date you contact us.
29. You will receive a full refund of the price you paid for the Goods and standard delivery charges. We will process the refund due to you as soon as possible and in any case within 10 calendar days of the day on which you gave us notice of cancellation.
30. We will provide you with a refund and credit the method of payment you used to pay for the Goods.
31. If the Goods were delivered to you, you must return the Goods to us within 30 days of the cancellation of your order, at your cost (unless the Goods are faulty or not as described). If the Goods are returned to us they must be in a saleable condition and we are permitted to reduce the refund to reflect any reduction in value of the Goods which are due to the manner in which you have handled them.
32. As a consumer, you may have additional legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by this refunds/returns policy. Further advice about your legal rights are available from your local Citizens' Advice Bureau or Trading Standards office.
33. Where items have not been dispatched prior to a cancellation request, our refund policy will apply.
LIABILITY AND INDEMNITY
34. We shall not be liable for any direct, special, indirect or consequential or incidental damages including loss of profit or loss of opportunity as a result of the use of or the inability to use any items that have been ordered on this website.
35. You agree to indemnify us and our agents, officers, directors and employees, immediately and on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of any of our terms and conditions.
EVENTS OUTSIDE OUR CONTROL
36. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
37. An Event Outside Our Control means any act or event beyond our reasonable control(including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
38. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
JURISDICTION
39. These terms and conditions shall be governed in accordance with English Law and are subject to the exclusive jurisdiction of the courts of England & Wales.
ENTIRE AGREEMENT
40. These terms and conditions combined with our published together with our Conditions of Use, Privacy Policy, Cookies Policy and Sale Terms constitute the entire agreement between the parties and supersede any and all preceding and contemporaneous agreements between you and us whether written or oral.
GENERAL
41. Should any part-term or term be found to be unenforceable then the remainder of the terms and conditions shall continue to have full force and effect as if the invalidated term was not present.
42. Should any delay or failure to comply with our obligations under these terms and conditions arise where it is beyond our reasonable control, we will not be responsible to you for such delay or failure nor liable for any loss that you incur, howsoever caused.