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Terms and Conditions Terms and Conditions of Supply.
SSL International plc aim to give you a superb on line shopping experience. This page tells you the terms and conditions on which we supply the products (Products) listed on our website www.durexshop.com (our Site) to you and it sets out what you can expect from us. Please read these terms and conditions carefully before ordering any Products from our Site as by ordering any of our Products, you agree to be bound by these terms and conditions. 1. INFORMATION ABOUT US www.shopdurex.com is a site operated by SSL International plc (We). We are registered in England and Wales under company number 00388828 and with our registered office at 35 New Bridge Street London EC4V 6BW. 2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US 2.1 Our Site invites you to make an offer to buy our Products. You make an offer by placing an order. After you place an order with us you will receive an email acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. You order constitutes an offer to us to buy our Products. All orders are subject to acceptance by us and we will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched (the Dispatch Confirmation). The contract between you and us (Contract) will only be formed when we send you the Dispatch Confirmation. For details on how to place your order please see the “Help” section below. 2.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation. 2.3 You undertake that all Products ordered by you are for your personal use only and are not for resale. 2.4 We reserve the right to reject any order we receive from you. 3. INFORMATION ABOUT YOU 3.1 We need to make sure that you can enter into the Contract with us. By placing an order through our site, you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old. You agree that all details you provide to us for the purpose of ordering and purchasing Products are correct and that the credit or debit card you are using is your own. 3.2 You must choose a username and password on completion of registration. You are responsible for all actions taken under that username and password and shall only use our Site under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your username to anyone or permit anyone to use your username or password. 3.3 If there are any changes to the details supplied by you it is your responsibility to inform us as soon as possible. 4. CONSUMER RIGHTS 4.1 You have a statutory right to cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products excluding any delivery charges. You will however, have to pay the cost of returning the Product to us. 4.2 To exercise your right to cancel a Contract, you must inform us in writing either by emailing consumer.relations@durex.co.uk or by letter to Consumer Relations, Durex, SSL International plc. 1 Old Park Lane, Trafford Park, Manchester, M41 7HA. You must also return the Product to us immediately, in the same condition in which you received it and at your own risk. You have a legal obligation to take reasonable care of the Product while it is in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. 4.3 Further details of this statutory right will be provided when your order is delivered to you. 5. DELIVERY 5.1 We will deliver to the delivery address provided by you. Delivery will be made in accordance with the “Delivery Info” section. Our standard delivery service normally takes 3-5 working days, however this is only a guide to the delivery date and time will not be of the essence in relation to delivery. 5.2 Delivery charges will apply to your Products as set out in the “Delivery Info” section. 5.3 Where you have ordered more than one Product we may deliver your products to you in instalments. 5.4 The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when the Products are delivered. 6. PRICE AND PAYMENT 6.1 The price of any Products will be as quoted on our Site at the time that we receive your order, except in cases of obvious error or where the price has changed due to reasons beyond our control such as alteration in applicable taxes. These prices include VAT but exclude delivery costs, which will be added to the total amount due. 6.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation. 6.3. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures. If a Product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. 6.4 If we have not notified you of the correct price prior to delivery the Products the Delivery Note which accompanies your Products on delivery will contain the correct price. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing. However, in any event that the price confirmed to you in the Delivery Note is higher than the price displayed on the Site at the time of your order you may return the Products in the same condition in which you received them, within 28 days of receipt in accordance with our “Refund and Return Policy” set out below. 6.5 Payment for all Products must be by credit or debit card. You can make payment using the following cards: 6.6 Your card will be debited with the value of your order and will appear on your statement as [Durex] OR [ Durex (SSL International)]. 6.7 We take every reasonable precaution to protect your payment details. In particular we use 256 bit encryption and SSL technology. 7. OUR RETURNS AND REFUNDS POLICY 7.1 If you change your mind you have 28 days (including weekends and bank holidays) to return the Products. If you wish to do this you must notify us in writing either by email to consumer.relations@durex.co.uk or by letter to Consumer Relations, Durex SSL International plc. 1 Old Park Lane, Trafford Park, Manchester, M41 7HA. If we have received your notice prior to your order being dispatched we will refund the full order value. If you are in receipt of your order a refund of the amount paid (excluding the delivery charge) will be issued only upon return of the Product to us in the same condition in which you received it. Please note that you will be responsible for the cost of returning the Product. 7.2 If you wish to return a Product because you are not satisfied with the Product or the Product is faulty please notify us in writing either by email to consumer.relations@durex.co.uk or by letter to Consumer Relations, Durex SSL International plc, 1 Old Park Lane, Trafford Park, Manchester, M41 7HA and return the Product to us immediately. We will examine the returned Product and will notify you of whether a refund will be paid via e-mail or post within a reasonable period of time. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. 7.3 For reasons of hygiene we cannot accept returns where the packaging has been opened or the Product has been used. 7.4 The Durex Play range of vibrators have a 1 year guarantee. In case of faulty product please contact consumer.relations@durex.co.uk or call our Careline on 0800 338 739. proof of purchase will help to ensure that we deal with your concerns as quickly as possible. Your statutory rights are not affected. 8. OUR LIABILITY 8.1 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses, which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. 8.2 This does not limit in any way our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. 9. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS 9.1 We have the right to revise and amend these terms and conditions from time to time 9.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Payment Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products). Therefore we recommend that you check this page periodically to review our current policy. 10. GENERAL 10.1 Applicable laws require that some of the information or communications we send to you should be in writing. For legal and contractual purposes, you agree that electronic means of communication such as email and web postings will be considered to be communications in writing. 10.2 All notices given by you to us must be given to either by email to consumer.relations@durex.co.uk or by letter to Consumer Relations, Durex SSL International plc, 1 Old Park Lane, Trafford Park, Manchester, M41 7HA. We may give notice to you at either the e-mail or postal address you provide to us when placing an order or via a posting on our Site, Notice will be deemed received and properly served immediately when posted on our Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 10.3 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. 10.4 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 events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action, 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, the failure of any machinery and/or information systems or telecommunications systems. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event. 10.5 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. 10.6 If any of these terms and conditions or any provisions of a Contract 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 terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. 10.7 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. 11. LAW AND JURISDICTION Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. WEBSITE TERMS OF USE AND PRIVACY POLICY IMPORTANT LEGAL NOTICE – PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE. ATTENTION: This legal notice applies to the entire contents of the Website under the domain name shopdurex.com (Website) and to any correspondence by e-mail between us and you. Please read these terms and conditions (Terms) carefully before using the Website. Using the Website indicates that you accept these Terms. If you do not accept these Terms, do not use the Website. SSL International plc may revise these Terms at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages of the Website. 1. About us www.shopdurex.com is a site operated by SSL International plc (We). We are registered in England and Wales under company number 00388828 and with our registered office at 35 New Bridge Street London EC4V 6BW. 2. Unavailability of Website 2.1 We will use our reasonable endeavours to make the Website available for you to access over the internet. You are responsible at your own cost and expense for providing internet access and any equipment and software necessary for you to access the Website. 2.2 From time to time the Website may be unavailable if we carry out routine maintenance and repairs or due to the unavailability or failure of the internet. We do not give any promises that the Website or the service it provides will be available for you to access, will continue uninterrupted or error free or will remain unchanged. 3. Copyright All material on the Website is protected by copyright. You may view pages of the Website on screen and may print or download extracts of them for your personal use. You may not provide such extracts to any third party. No art of the Website may be reproduced, transmitted to, or stored on any other website or in any other form of electronic medium without our express written consent. 4. Content of the Website We will use our reasonable endeavours to ensure that the information on the Website is accurate, complete and up-to-date. However, we do not give any promises or warranties in this respect. In addition the information provided on this Website is for general interest only and does not constitute professional advice. We do not accept any liability for any loss suffered by you as a result of your use of this Website or reliance on any of the information provided on it. We may change the content of our Website at anytime. The Website includes Services provided by us (“Services”). Your use of the services may be subject to additional or separate terms and conditions. We will provide the services with reasonable care and skill, but do not give any other express or implied promises about the Services (including without limitation relating to fitness for purpose or no infringement) which shall be excluded to the maximum extent permitted by law. This does not affect your statutory rights. The Website includes content, services and hypertext links to websites owned operated controlled and/or provided by third parties (“Third Party Content”). Your use of Third Party Content may be subject to the relevant third party’s terms and conditions and it is your responsibility to make yourself aware of these terms and conditions. We will not necessarily be aware of those terms and conditions. We will not necessarily see or be aware of any enquiries that you submit to any third parties that provide Third Party Content. We have no control over or proprietary interest in any Third Party Content. We do not give any promises about the quality, security accuracy or any other aspect of any Third Party Content and exclude any and all liability arising from your use of them. 5. Use of the Website 5.1 You must not: (a) Knowingly introduce any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; (b) Attempt to gain unauthorized access to the Website, the server on which the Website is hosted or any server, computer or data base connected to the Website; and/or (c) Attack our Website via a denial of service attack or a distributed denial of service attack. If you breach this provision you may be committing a criminal offence under the Computer Misuse Act 1990. We may report any such breach to any relevant authorities and we will cooperate with them. 5.2 You may include a hyper text link to our home page on any website owned by you, provided that: (a) You do so in a way that is fair and legal and does not damage our reputation or take unfair advantage of it; (b) You must not do so in such a away as to suggest any form of endorsement, association approval on our part where none exists; and/or (c) We may withdraw consent for you to do so at anytime. 5.3 You must choose a username and password on completion of registration. You are responsible for all actions taken under that username and password and shall only use our Website under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your username to anyone or permit anyone to use your username or password. 5.4 If there are any changes to the details supplied by you it is your responsibility to inform us as soon as possible. 6. Transactions through our Website All transactions made through our Website are governed by our Terms and Conditions of Supply. Please read our Terms and Conditions of Supply before placing an order with us. 7. General 7.1 We shall not be liable for: (a) Any direct loss or damage suffered or incurred by you in relating to your use of the Website or the Services unless, at the time that you use the Website or the service, that loss was reasonably foreseeable result of our negligence or failure to comply with these Terms; (b) Any indirect or consequential loss or damage in relation to your use of the Website or the Services; or (c) Any loss or damage due to circumstances beyond our reasonable control in relation to your use of the website or the Services. 7.2 For the avoidance of doubt we do not exclude or limit any liability the exclusion or limitation of which is not permitted by English law. 7.3 The remedies available to either you or us under these Terms shall not exclude or limit any other rights that you or we may have against each other. Any failure by us to enforce any of our rights under these Terms shall not affect our right to enforce them at a later date. 7.4 If any provision or right under these Terms is found to be invalid or unenforceable then the remaining provisions or rights under the Terms shall be unaffected as if the invalid or enforceable part did not exist. 7.5 These Terms contain all of the terms and conditions between you and us regarding your use of the Website. No other terms and conditions or promise shall be taken to have given or implied in the Terms except implied by law. This does not affect your statutory rights. 7.6 We may assign, transfer, mortgage, charge, subcontract, sub licence or otherwise dispose of the whole or any part of the Terms without your prior written consent. Nothing in the Terms shall give any right or benefit to any person who is not party to them. 7.7 We reserve the right to change the Terms at any time without prior notice to you. 7.8 Even though any contract between you and us relating to your use of the Website and/or services is concluded over the internet you and we agree that it has been concluded in England in writing. Any such contract will be governed by English law and you and we hereby accept the exclusive jurisdiction of the English courts. PRIVACY POLICY The privacy of users of our Website is important to us. We collect and process information about you, which may include personal data. However, we are aware that many users of the our Website may be concerned about the use made of their personal data and we are aware that our right to use such data is constrained by the Data Protection Act 1998 and, in many cases, subject to your consent. The purpose of this Privacy Policy is to describe what information we collect about you and how that information might be used. This Privacy Policy is incorporated into and subject to the Website Terms of Use set out above. We will be happy to answer any enquiries from you regarding this Privacy Policy, the personal data we hold about you or the use we make of it. If you have any queries, comments, or if you wish to correct or update the data we hold about you, please either email us at consumer.relations@ssl-international.com, or write to The Data Protection Compliance Officer, SSL International PLC, 1 Old Park Lane, Trafford Park, Manchester, M41 7HA . If you wish to know more about your rights, please visit the Information Commissioner's site at www.informationcommissioner.gov.uk. 1. What personal information do we collect and use? 1.1 The personal information collected by us will include your full name, e-mail address, postal address, country and phone numbers, but may also include additional information necessary to provide you with the services or products you request, for example your credit card details, or other information about yourself, your preferences or your experiences that you voluntarily share with us. 1.2 We will use your personal information to respond to your enquiries, to improve our Website and products, to supply you with requested information, to send you details of our services or products, to provide you with information about our businesses that may be of interest to you and for our general record keeping purposes. We may disclose your personal information to our group companies for use for these purposes. If you DO NOT want us to use your information in this way you can “opt out” by emailing us at anytime at consumer.relations@durex.co.uk or write to us at the address above. 1.3 We may from time to time request information for market research purposes. The provision of such information is always optional. 1.4 We aim to meet high standards and our policies and procedures are, therefore, constantly under review. From time to time we may change our Privacy Policy. Accordingly we recommend that you check this page periodically in order to review our current policy. This Privacy Policy was last updated on the date shown below. 1.5 You have the right to receive a copy of the personal information that we hold about you. We may charge a small fee towards the cost of administering any request you make. The current fee is £10.00. Should we be unable or prevented from disclosing your personal information to you we will confirm why we are not able to. 1.6 Should we sell or transfer any of our businesses this may include the sale or transfer of databases containing your personal information. 2. Cookies When you visit shopdurex.com, we will automatically track certain usage information. Certain parts of the Website use cookies to keep track of your visit and to help you navigate between sections. A cookie is a small data file that certain websites store on your computer hard drive when you visit them. They can contain information such as your user ID and the pages that you have visited. The only personal information a cookie contains is information that you have supplied yourself. We use cookies on the Website to enable us to deliver content that is specific to your interests and gives us an idea of which parts of the Website you are visiting. Our cookies do not read data from your computer's hard-drive or read cookies created by other websites that you have visited. This means that you visit will be tracked, but that to all intents and purposes you remain anonymous. 3. Links to External Sites Our Website provides links to other sites. When you click on these links, you are leaving our site and entering another site that we do not control and for which we are not responsible. You should carefully review the privacy statements or policies on any other site that you visit as those privacy statements or policies will apply to your visit to that site and they may differ greatly from our Privacy Policy. 4. Security The Website has numerous security measures in place to protect the loss, misuse and alteration of information under our control, such as passwords and firewalls. We cannot however guarantee that these measures are or will remain adequate. We do however take security very seriously and will use all reasonable endeavours to protect the integrity of the information that you provide. 5. Consent By using our Website you consent to the collection and use of your personal data as set out in this Privacy Policy. Last updated April 2008
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