TERMS & CONDITIONS


TERMS AND CONDITIONS
 
Copyright notice
The copyright and other intellectual property rights in this Web Site and its contents (including design, text, graphics, software and any other material) are owned by DMS Trading (UK) Limited t/a Safety Wear World or its licensors.
� DMS Trading (UK) Limited t/a Stonefly Shoes. All Rights Reserved.
Anyone is entitled to view this site and to print pages of this Web Site for the sole purpose of placing an order with Safety Wear World. Any other use is strictly prohibited without written consent from DMS Trading (UK) Limited t/a Stonefly Shoes.
Disclaimer
DMS Trading (UK) Limited t/a Stonefly Shoes has taken every precaution in compiling this Web Site. However neither it nor its directors, employees or other representatives will be liable for damages (direct or indirect) arising out of or in connection with the use of the Web Site, except where, as a result of the negligence of DMS Trading (UK) Limited t/a Stonefly Shoes, its directors, employees or representatives, death or personal injury is caused, in which case DMS Trading (UK) Limited t/a Stonefly Shoes�s liability is not limited or excluded.   Nothing in the disclaimer or in the Terms and Conditions below seeks to exclude or limit any statutory rights available under the law which cannot be excluded or limited, including DMS Trading (UK) Limited t/a Stonefly Shoes�s liability to the Buyer in respect of:
(a) fraud, or fraudulent misrepresentation;
(b) the terms as to title and quiet possession implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; or
(c) liability for defective products under the Consumer Protection Act 1987; and/or
(d) the terms as to goods corresponding with their description implied by Section 13 of the Sale of Goods Act 1979 (as amended) where the Buyer deals as a consumer (as defined in Section 12 of the Unfair Contract Terms Act 1977).
The Web Site is provided on an "AS IS" basis and DMS Trading (UK) Limited t/a  Stonefly Shoes excludes all warranties or representations of any kind with respect to this Web Site or its contents to the fullest extent permitted by law. In particular, DMS Trading (UK) Limited t/a Stonefly Shoes does not warrant or represent that the information contained on the Web Site is accurate or up to date.
The contents of this Web Site are designed to comply with English law. You may be viewing the Web Site in a market in which we do not commonly sell our goods. DMS Trading (UK) Limited t/a Stonefly Shoes  cannot be held responsible for non-compliance with any local advertising or other laws in relation to this Web Site or its contents.
For further information on the terms and conditions that apply in connection with your use of this Web Site, please refer to our Terms and Conditions below.
WEBSITE TERMS AND CONDITIONS OF SALE OF GOODS
DATED February 2008
DMS Trading (UK) Limited t/a Stonefly Shoes.
In these conditions, unless the context requires otherwise:
"Buyer" means the company, firm, body or person purchasing the Goods.
"Goods" means the goods (including any instalment of the goods) which Safety Wear World Limited will supply in accordance with these conditions.
" Safety Wear World " means DMS Trading (UK) Limited t/a Stonefly Shoes (company number 6859357, VAT  number GB971 0962 09) ,PO Box 305, Manchester, M22 2BX. 
"Order" means a purchase order issued by email by the Buyer to Safety Wear World in respect of the Goods on the order form set out on the Web Site.
"Web Site" means Safety Wear World Limiteds� Web Site www.stoneflyshoes.co.uk.
1. CONTRACT
1.1 A contract ("Contract") will only come into being upon acceptance by Stonefly Shoes  of the Order and the following conditions shall be deemed to be incorporated in the Contract. The Buyer accepts these terms and conditions by completing and submitting the Web Site Order form. By completing the Order Form, the Buyer grants to Stonefly Shoes  the authority to conduct any credit search which it deems necessary in order to allow for the acceptance and fulfilment of all orders received by Stonefly Shoes.  Stonefly Shoes reserves the right to refuse to supply any individual or company.
1.2 The Contract will be subject to these conditions. All terms and conditions appearing or referred to in the Order or otherwise stipulated by the Buyer shall have no effect. Any variation of the Contract must be confirmed in writing by Stonefly Shoes. Stonefly Shoes may revise these terms at any time and without notice at its sole discretion.  Any change will take effect immediately after posting on the Web Site and will be deemed to be accepted by Buyers who continue to access the Web Site. For the avoidance of doubt, any Contract will remain subject to the version of the terms on the Web Site at the time the Order is placed and shall not be affected by any subsequent alterations. Any person ordering from the Web Site may print and keep a copy of these terms and conditions.
1.3 Stonefly Shoes� acceptance of the Order shall be by email confirming the Goods ordered, the price of the Goods, the arrangements for payment, the arrangements for delivery and the packaging and postage charge.  The acceptance will be deemed complete and will be deemed for all purposes to have been sent to the Buyer at the time Stonefly Shoes send the email to the Buyer
2. PRICES
2.1 The price for the Goods shall be those prices published on the Web Site when the Order is accepted by Stonefly Shoes as confirmed when Safety Wear World accepts the Order in accordance with clause 1.3 above. These prices are inclusive of VAT, where applicable.
2.2 Stonefly Shoes� current delivery charges and anticipated delivery times are as published on the Web Site and for the purposes of the Contract shall be that information on the Web Site at the time when the Order is accepted by  Stonefly Shoes in accordance with clause 1.3 above.
2.3  Stonefly Shoes reserves the right to amend the price stated on the Web Site (or any other typographical, clerical or other error or omission on the Web Site) at any time.  Where there is a difference between the price of any Goods or delivery charges at the time the Order is made and the time when the Order is accepted, then  Stonefly Shoes will inform the Buyer by email or telephone and confirm whether the Buyer wishes to proceed with the purchase at the altered price.  If the Buyer elects not to proceed with the purchase then if any payment has been taken, this shall be re-credited to the Buyer's credit or debit account.
3. TERMS OF PAYMENT
3.1 Payment of the whole of the price of the Goods must be received by Stonefly Shoes  before the Goods are despatched to the Buyer. Stonefly Shoes accepts payment from most major credit and debit cards, including Visa, Mastercard, Switch, Maesto and Delta. Card details are checked and verified by a third party and the Goods are despatched once authorisation has been received.
3.2 If  Stonefly Shoes does not have sufficient stock of all or some of the Goods in the Order, Stonefly Shoes shall notify the Buyer by e-mail or telephone, informing the Buyer and if payment has been taken, Stonefly Shoes shall credit the Buyer's credit card or debit card account with the price of the Goods which were unavailable. Stonefly Shoes shall use its reasonable endeavours to credit the Buyer's account as soon as is reasonably practicable but in any event no later than 30 days from the date of the transaction. Stonefly Shoes will not be obliged to offer any additional compensation for disappointment suffered.
4. CANCELLATION
4.1 The Buyer may cancel the Contract for any reason in the period of seven (7) working days after the day of delivery of the Goods to the Buyer. To cancel the Contract, the Buyer shall notify Stonefly Shoes in writing or other durable medium such as e-mail or fax, but not by telephone of the cancellation within seven (7) working days after the day of delivery of the Goods to the Buyer and repackage the relevant Goods in an unused condition securely and send them to Stonefly Shoes at the address below:
Customer Services Department
PO Box 305, Manchester, M22 2BX  Fax; 0161 266 1001
email; sales@stoneflyshoes.co.uk so that Stonefly Shoes receives the Goods within fourteen working days after the date of delivery. Stonefly Shoes recommend that the Buyer uses a recorded delivery service. The Goods are returned under this clause at the Buyer's cost and risk. 
4.2 Notice of the cancellation by the Buyer shall be deemed to be delivered at the following times:
4.2.1 if a Buyer sends it by post to the above address marked for the attention of the Customer Services Department, Safety Wear World Limited, the day on which it was posted; or
4.2.2 if a Buyer sends it by facsimile or electronic email to the above number or address, the day on which it is sent.
4.3  Stonefly Shoes shall credit the Buyer's credit card or debit card account with the price of the Goods in relation to a contract cancelled under clause 4.1 and shall refund the Buyer's account as soon as is reasonably practicable but in any event in no later than 30 days, provided that Goods are returned to Stonefly Shoes in their original condition, from the date of receipt of notification of the cancellation.  If any Goods are not returned under clause 4.1, Safety Wear World may arrange for them to be collected from the Buyer at their residence and recover from the Buyer  Stonefly Shoes direct costs of doing so whether by off-setting the amount from the purchase price of the Goods or otherwise. 
5. NO QUIBBLE REFUND; WARRANTY; LIMIT OF RESPONSIBILITY
5.1 If the Buyer is not happy with any Goods they may within 14 days of delivery  return the Goods in an unused condition to Stonefly Shoes by post to the address set out in clause 4.1.
5.2 If the Buyer elects to return the Goods by post in accordance with clause 5.1 upon safe receipt of such Goods in their original condition, Stonefly Shoes shall give the Buyer a full refund of the purchase price of the Goods (but not the initial delivery charges levied against the Buyer) paid by the Buyer. The cost of returning the Goods shall be borne by the Buyer and the Goods are returned at the Buyer's risk unless the Goods are defective or were mis-described in which case the provisions of clause 5.4 shall apply in relation to delivery costs.
5.3 Stonefly Shoes warrants that it will either replace the Goods or refund the full purchase price of any Goods (together with the initial delivery costs levied against the Buyer in the case of a re-fund) which are accepted by Stonefly Shoes  as being defective or faulty or not in accordance with the Contract within a period of 30 days from despatch of such Goods from  Stonefly Shoes works to the Buyer's delivery address ("Warranty Period") provided that the defect or fault does not arise from fair wear and tear, wilful damage, negligence, failure to follow  Stonefly Shoes or the manufacturer's instructions or through the misuse, alteration or repair of the Goods without Stonefly Shoes approval. After the Warranty Period, refunds/exchanges/repairs shall be at the discretion of Stonefly Shoes. Your statutory rights are not affected.
5.4 THE BUYER'S REMEDIES IN RESPECT OF ANY CLAIM UNDER THE FOREGOING EXPRESS WARRANTY OR ANY CONDITION OR WARRANTY IMPLIED BY LAW OR ANY OTHER CLAIM IN RESPECT OF THE GOODS OR ANY WORKMANSHIP IN RELATION TO THEM (WHETHER OR NOT INVOLVING NEGLIGENCE ON THE PART OF Safety Wear World) SHALL, IN ALL CASES, BE LIMITED TO REPLACEMENT OF THE GOODS OR REFUND OF THE PURCHASE PRICE AS AFORESAID AND ANY OTHER CONDITION OR WARRANTY IMPLIED BY LAW SHALL CEASE TO APPLY AFTER THE EXPIRY OF THE WARRANTY PERIOD. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
5.5 EXCEPT IN RESPECT OF DEATH AND PERSONAL INJURY, Safety Wear World' AGGREGATE LIABILITY TO THE BUYER IN RESPECT OF BREACH OF CONTRACT, MISREPRESENTATION (BUT NOT FRAUDULENT MISREPRESENTATION), TORT, NEGLIGENCE, OR ANY OTHER LEGAL LIABILITY IN RELATION TO THE SALE OF THE GOODS SHALL BE LIMITED TO THREE TIMES THE PRICE OF THE GOODS PAID BY THE BUYER.
5.6 Safety Wear World SHALL NOT BE LIABLE TO THE BUYER FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS OR LOSS OF PROFITS WHICH ARISES OUT OF OR IN CONNECTION WITH THE SUPPLY OF GOODS EXCEPT AS EXPRESSLY PROVIDED IN THESE CONDITIONS.
5.7 The Buyer shall inform Stonefly Shoes by telephone, email or letter if the wrong Goods or the wrong number of Goods are sent to the Buyer.
5.8 Any complaints should be sent to;
Customer Services Department
Stonefly Shoes,PO Box 305, Manchester, M22 2BX.
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