WWW.INNERSANCTUM.UK.COM
INNER SANCTUM (THE SELLER)
THE CUSTOMER (THE BUYER/VIEWER)
TERMS AND CONDITIONS OF SALE, ACCESS AND USAGE
1. THE SELLERS CONDITIONS TO PREVAIL
These conditions of sale shall over-ride any terms or conditions stipulated, incorporated or referred to by the buyer/viewer, whether in the order or in any negotiations preceding the formation of the contract.
2. ACCEPTANCE OF TERMS AND CONDITIONS BY ACCESSING WWW.INNERSANCTUM.UK.COM
(a) By accessing, viewing and using www.innersanctum.uk.com the buyer/viewer signifies his/her agreement to all of the terms, conditions, rules and information contained and/or referenced herein (the "TERMS AND CONDITIONS OF SALE,ACCESS AND USAGE") and:
(1) If the buyer/viewer does not agree with these terms and conditions he/she should not use or view www.innersanctum.uk.com.
(b) Inner Sanctum reserves the right, at our discretion, at any time to update, change and/or revise these Terms and Conditions of Sale and Usage and:
(1) The buyer/viewer is encouraged to check these terms and conditions of sale and usage for changes.
(2) The buyers/viewers continued use of www.innersanctum.uk.com following the posting of any changes to Terms and Conditions of Sale and Usage shall constitute the acceptance of those changes.
3. LIMITATION OF LIABILITY
Under no circumstances shall Inner Sanctum, its subsidiaries or licensors, be liable for any direct, indirect, punitive, incidental, special, or consequential damages resulting from the use of, or inability to use, or unavailability of, this site. A This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Inner Sanctum has been advised of the possibility of such damage.
4. DISCLAIMER OF WARRANTIES
All materials, information, software, products, and services included in or available through www.innersanctum.ik.com ("the content") are provided "as is" and "as available" for the buyers/viewers and:
(1) The content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
(2) Inner Sanctum and its subsidiaries and licensors do not warrant that the content is accurate, reliable or correct; that www.innersanctum.uk.com will be available at any particular time or location; that errors will be corrected; or that content is free of viruses or other harmful components.
(3) The buyers/viewers use of www.innersanctum.uk.com is entirely the buyers/viewers own risk.
5. THIRD PARTY SITES
www.innersanctum.uk.com may contain links to other web sits on the internet and:
(1) These web sites may contain information or material that some people may find offensive or inappropriate.
(2) These web sites are not under the control of Inner Sanctum, and the buyer/viewer acknowledges that Inner Sanctum is not responsible for the accuracy, legality, decency, copyright compliance, or any other aspect of the content of such web sites.
(3) The inclusion of such a link does not imply endorsement of the web site by Inner Sanctum or any association with its operators.
6 PRICE
VAT at 17.5% will be added when applicable.
7. PAYMENT
(a) For customer present sales payment for goods will be strictly required simultaneously to the receipt of the goods and invoice.
(b) For Inner Sanctum made to measure and Inner Sanctum couture an advanced deposit payment of 50% of the total agreed amount will be required. The remaining 50% will be required upon order completion and receipt of invoice.
(c) For mail order and website orders, payment will be required in full upon the placement of the order. Orders will not be dispatched until the full payment has been made.
(d) For Inner Sanctum repair payment will be strictly required up on completion of repair and receipt of invoice.
(e) All costs incurred in recovering overdue debts including without limitation, legal expenses will be payable by the buyer/viewer.
(f) If a payment is overdue in whole or in part then the whole of any amounts outstanding to the buyer shall immediately become payable whether or not such monies would have been payable at the time.
(g) Interest will be charged currently at 2% over U.K. bank base rate per day thereof on all overdue payments as from the date of receipt/invoice until the outstanding balance including interest is paid.
8. TIME LIMIT FOR DELIVERY
Time shall not be of the essence as far as delivery of goods by the seller is concerned and by agreeing to deliver goods by a specific date the seller shall not be deemed to have waived the benefit of this condition.
9. SPECIFICATION AND DRAWING SUITABILITY
(a) The buyer/viewer shall be responsible for the contents of all plans, particulars and other information supplied by it to the seller and for any discrepancies, inconsistencies, errors or omissions therein.
(b) The suitability of the goods is the buyers/viewers responsibility and unless specifically stated in writing by the seller, no warranty or condition is given, or implied concerning fitness for the purpose for which the goods are used.
10. DISPUTES
The buyer/viewer shall within 3 days of the receipt of goods inform the seller in writing of any discrepancies concerning the goods. In absence of such notification, the buyer/viewer shall be deemed to have accepted the goods.
11. DISPATCH BY INSTALLMENTS
Every dispatch of goods made by the seller shall be deemed to have been made in respect of a contract different from other dispatches of goods (not withstanding that the seller may have contracted to dispatch all the goods in one consignment) and so that
(a) The buyer/viewer shall be liable to pay the seller for the price attributable to the goods so dispatched (not withstanding the seller shall not have fulfilled the remaining part of the contract).
(b) The buyer/viewer shall not be entitled to cancel the whole or any part of any order or contract, and:
(c) The seller subject herein provided shall remain liable to the buyer/viewer in respect of other goods yet to be dispatched.
12. BREACH
(a) The buyer/viewer will be treated as having repudiated the contract if he/she:
(1) Becomes insolvent: or
(2) Commits a serious breach or one, which is not remedied within 7 days of being asked to do so.
(b) The buyer/viewer may be treated as having repudiated the contract if he/she:
(1) Does not make payment when due: or
(2) Fails to accept delivery or give delivery instructions.
(c) If the buyer/viewer repudiates the contract:
(1) All standing invoices sent to it must be paid immediately:
(2) The listed price of all goods not delivered but invoiced by the seller or manufactured or ordered for sale to the buyer/viewer must be paid immediately.
(3) The seller will be released from all future obligations under all contracts with the buyer/viewer.
(d) The buyer/viewer may be treated as insolvent if:
It is a company which has a petition for winding up or administration presented against it or passes a resolution for winding up:
(1) A receiver of any of its assets is appointed:
(2) It convenes a meeting of its creditors:
(3) It (or any of its partners) becomes bankrupt;
(4) It unable to pay its debts (defined in Ss. 123 or 268 insolvency Act 1986):
(5) One of its creditors tries to serve on it a document purporting to be statutory.
13. PROPRIETARY RIGHTS
The buyer/viewer acknowledges and agrees that all content available on www.innersanctum.uk.com is protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights and laws, and:
(1) Except as expressly authorized by Inner Sanctum as in the case of free downloads which are clearly marked as such, the buyer/viewer agrees not to modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content.
(2) In addition the buyer/viewer agrees not to sell, license or rent any of the content of the site.
(3) Notwithstanding the above, the buyer/viewer may download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided the buyer/viewer keeps intact all copyright and other proprietary notices.
(4) Systematic retrieval of data or other content from www.innersanctum.uk.com to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Inner Sanctum is strictly prohibited.
(5) In addition, use of the content or materials for any purpose not expressly permitted in these Terms and Conditions of access and Usage is strictly prohibited.
(a) The goods remain the sellers property (even after delivery) until:
(1) The buyer/viewer pays all that it may owe to the seller (not just the price for the goods)
(b) While the goods belong to the seller;
(1) The buyer/viewer will hold them as the sellers fiduciary agent and bailee (but may not commit to seller to any liability under any contract); and
(2) The buyer/viewer will store them safely and separately from other goods.
(c) When the goods belong to the buyer/viewer but are under the sellers control, then if the buyer/viewer becomes insolvent or fails to pay the seller when it should have, the seller has (in addition to its rights under Ss.38-48 Sale of Goods Act 1979);
(1) A lien on the goods.
(2) A right of stoppage in transit; and
(3) A right of resale as the buyers/viewers agent.
(d) The seller may sue the buyer/viewer:
(1) If the buyer/viewer copies or replicates the sellers designs.
(2) If the buyer/viewer passes the sellers' designs to a third party for replication.
(3) If the buyer/viewer passes the sellers artwork, drawings and photographic material, or any artwork, drawings and photographic material depicting the sellers designs to a third party to study and to use as a guide to replicate the sellers designs.
(e) All artwork, drawings and photographic material provided by the seller to the buyer/viewer as a guide or in reference to an order placed by the buyer/viewer remain the sellers' property, and:
(1) The buyer/viewer must return artwork, drawings and photographic material upon demand by the seller.
(2) The buyer/viewer will not pass or show artwork, drawings and photographic material to any other party.
(4) The buyer/viewer will not copy artwork, drawings and photographic material.
AS ABOVEMENTIONED, REPRODUCTION, COPYING, AND/OR REDISTRIBUTION FOR COMMERCIAL PURPOSES OF ANY MATERIALS OR DESIGN ELEMENTS ON WWW.INNERSANCTUM.UK.COM IS
STRICTLY PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF INNER SANCTUM.
To request such permission, please e-mail: request@innersanctum.uk.com
14. USERS GRANT OF LIMITED LICENSE
By posting or submitting content to www.innersanctum.uk.com, you:
(1) Grant Inner Sanctum and its affiliates the right to use, reproduce, display, perform, adapt, modify, distribute and promote the content in any form, anywhere and for any purpose; and
(2) Warrant and represent that you own or otherwise control all of the rights to the content and that public posting use of your content by Inner Sanctum will not infringe or violate the rights of any third party.
15. INDEMNIFICATION
Up on request by Inner Sanctum, the buyer/viewer agrees to defend, indemnify, and hold harmless Inner Sanctum and its subsidiaries and all other affiliated companies, their employees, contractors, officers, and directors from all liabilities,
claims and expenses, including legal fees, that arise from your use and/or misuse of www.innerasnctum.uk.com, and:
(1) Inner Sanctum reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the buyer/viewer, in which event the buyer/viewer will cooperate with Inner
Sanctum in providing any available defenses.
16. GUARANTEE AND EXCHANGE POLICY
(a) The seller shall not be liable for:
(1) Any defect in the quality and in the state of the goods which would be apparent on a reasonable examination for their being otherwise not in accordance with the contract unless the buyer/viewer shall have given the seller within 3 days after the receipt of goods a written notice. Unauthorized returns to be replaced will not be accepted by the seller but may be returned to the buyer/viewersat the buyers/viewers expense.
(2) Any goods returned to be replaced to the seller by the buyer/viewer that have been worn, soiled, willfully tampered with, or misused.
(3) Any goods returned to be replaced without a receipt as proof of purchase.
(b) The seller will not be liable to exchange goods if:
(1) The buyer/viewer has not given the seller within 7 days after the receipt of the goods notice. Only authorized returns in immaculate condition will be credited to the buyer/viewer. Unauthorized returns will not be credited to the buyer/viewer but may be sent back to the buyer/viewer at the buyers/viewers expense.
(2) The buyer/viewer does not return the goods (to be received by the buyer/viewer) within 7 days from the point of notice.
(3) The buyer/viewer fails to present a receipt as proof of purchase when goods are returned.
(4) The buyer/viewer returns goods that have been worn, soiled, willfully tampered with, or misused.
(d) The seller does not refund money.
(e) Adult toys will not be exchanged if the packaging has been opened.
(f) Your statutory rights are not affected.
17. FORCE MAJURE
(a) The due performance of the contract is subject to cancellation or variation by the seller as a result of any default whatsoever on the part of the sellers own suppliers or the sellers inability to secure labour, materials or supplies, or as a result of any act of god, war, riot, or civil disturbance, strike lockout or any other labour dispute, fire, flood, drought or accident, legislation, requisitioning, or other act or order by any government department, council or duly constituted authority or any other cause beyond the sellers control, in such event, no liability shall attach to the seller by reason of cancellation or variation of any contract.
(b) Deliveries may be wholly or partly suspended, and the time of such suspension, added to the original contract in the event of stoppage, delay, or interruption of work, in the establishment of the seller during the delivery period as a result of the clauses set out in sub paragraph (a) or any cause whatsoever beyond the control of the seller.
18. RISK AND DAMAGE IN TRANSIT
(a) If the seller undertakes delivery of the goods, it shall not be liable: -
(1) For any loss, damage, deviation, delay/detention of the goods in the course of transit, or for mis-delivery, or short delivery unless the buyer/viewer gives to the seller and the carrier within 3 days of receipt of the goods. A written notice of the buyers/viewers complaints;
(2) For non-delivery/non-arrival of the whole of any consignment of the goods, or of any separate package, unless the buyer/viewer shall give to the seller and to the carrier, a written notice thereof, within 14 days of notification of the dispatch of the goods.
19. CALL RECORDING
Telephone calls with Inner Sanctum may be monitored / recorded to maintain and improve our service. If a misunderstanding should arise and a recording is available this would be accessed only under appropriate supervision
20. CLAIMS GENERALLY
In no circumstance shall the seller be liable for consequential loss, or for any claims relating to the condition of the goods stored by the buyer/viewer.
21. INTERNATIONAL USE
Inner Sanctum makes no representation that materials on this web site are appropriate or available outside the United Kingdom, and accessing them from territories where their contents are illegal is strictly prohibited, and:
(1) Those who choose to access www.innersanctum.uk.com from territories where some or all of its contents may be illegal do so at their own initiative and are responsible for understanding and complying with their local laws.
22. PRIVACY POLICY
All personal information and details the buyer/viewer shares with the seller is totally confidential and will not be passed to a third parties for any reason whatsoever other than to verify credit card details when provided for a purchase, and:
(1) All personal information shared with www.innersanctum.uk.com is performed over a SSL secured connection.
(2) All personal information provided will be stored in a protected database, and will only be accessed to administrate your order; this procedure is carried out by www.innersanctum.uk.com.
23. APPLICABLE LAW
The terms and conditions of the Agreement between the buyer/viewer and the seller will be constructed in accordance with English law and will be subject to the exclusive jurisdiction of the English courts. The buyer/viewer expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of Sale Access and usage or the buyer/viewer usage of www.innersanctum.uk.com shall be filed only in a state or federal courts located in England, and the buyer/viewer further agrees and submits to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim.
24. SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Inner Sanctum with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Inner Sanctum with respect to www.innersanctum.uk.com, and;
(1) If any part of these Terms and Conditions of Sale Usage is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect the original intentions of the parties, and the remaining g portions shall remain in full force effect.
25. TERMINATION
Inner Sanctum reserves the right, at its sole discretion, to terminate your access to all or part of www.innersanctum.uk.com, with or without notice.