TERMS AND CONDITIONS
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THE SITE CONSISTUTES YOUR AGREEMENT TO THESE TERMS OF USE (THE “TERMS AND CONDITIONS”). We recommend that you print or save a copy of these Terms and Conditions for future reference.
Thank you for visiting albatrossclothing.co.uk ("Website"). These Terms and Conditions are applicable to your use of this Website and to all purchases of products on or through this Website.
This Website is operated by A.M. Custom Clothing (UK) Ltd., a Registered Company Limited by Shares.
The terms "you" and "your" when used in these Terms and Conditions means any person or entity browsing, using or purchasing products on or through this Website . The terms "we," "us," "our," or "ALBATROSS CLOTHING" refer to A.M. Custom Clothing (UK) Limited.
This Website and its Content (as defined below) are intended solely for personal and non-commercial use by you. Any use of this Website or its Content other than for personal and non-commercial purposes is prohibited.
These Terms and Conditions are only available in the English language.
Terms Of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and ALBATROSS CLOTHING will attempt to get your order to you within the estimated period, although cannot guarantee that you will receive it within that time. ALBATROSS CLOTHING are not responsible for any late orders. Please see ‘Delivery’ section for more information.
When fulfilling the contract, we expressly reserve the right to deviate from the descriptions and information in our brochures, catalogues and other written and electronic documents with respect to material, colour, weight, measurements, design or other features, as far as these can be considered reasonable for the customer. Reasonable cause for change may result from fluctuations customary in trade and technical production processes.
In order to contract with ALBATROSS CLOTHING you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to ALBATROSS CLOTHING. ALBATROSS CLOTHING retains the right to refuse any request made by you. If your order is accepted you will be informed by email.
When placing an order you undertake that all details you provide to ALBATROSS CLOTHING are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to changes.
You will be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your username and password. You may not use the account or password of someone else at any time. You agree to notify ALBATROSS CLOTHING immediately of any unauthorized use of your account or password. ALBATROSS CLOTHING shall not be liable for any loss that you incur as a result of someone else using your account or password, either with or without your knowledge. You may be held liable for any losses incurred by ALBATROSS CLOTHING and its directors, employees and any companies working with ALBATROSS CLOTHING due to someone else's use of your account or password.
LOST OR STOLEN INFORMATION. You must promptly notify us if your credit card or password is lost, stolen, or otherwise used without permission. In such an event, we will remove that credit card number or password from your account and update our records accordingly.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods 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 and you have already paid for the goods, you will receive a full refund.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law ALBATROSS CLOTHING 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 Website, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect the liability of ALBATROSS CLOTHING for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Indemnity
You agree to indemnify, defend and hold harmless ALBATROSS CLOTHING, 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 this Website or your breach of the Terms of Service.
Linking to this Website
You may link to any page on our Website, provided you do so in a way that is fair and legal and does not damage the reputation of ALBATROSS CLOTHING 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. You must not establish a link from any online profile, blog, account, domain or Website page that is not controlled owned by you. This Website must not be framed on any other Website. We reserve the right to withdraw linking permission without notice.
Variation
ALBATROSS CLOTHING shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Complaints
ALBATROSS CLOTHING aims to resolve any disputes when they arise, please let us know if you have any complaints or comments via [email protected].
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
Ethical Sourcing Policy
We expect our suppliers to consistently provide an environment which protects their employees' health and safety and basic human rights.
UPDATES AND CHANGES TO TERMS OF SALE. We reserve the right, at any time and without notice, to add to, change, update, or modify the Terms OF SALE, simply by posting such change, update, or modification on the Website and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Website.
LIMITED LIABILITY. THE ALBATROSS CLOTHING LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ALBATROSS CLOTHING BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY ALBATROSS CLOTHING. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
ALBATROSS CLOTHING, Riverside Innovation Centre, Castle Drive, Chester, CH1 1SL, U.K.
Terms Of Use
Definitions
A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Website albatrossclothing.co.uk. This Website is operated by A.M. Custom Clothing (UK) Ltd., a Registered Company Limited by Shares.
The terms "you" and "your" when used in these Terms and Conditions means any person or entity browsing, using or purchasing products on or through this Website . The terms "we," "us," "our," or "ALBATROSS CLOTHING" refer to A.M. Custom Clothing (UK) Limited.
"Content" means all of the text, images, photos, audio, video, and all other forms of data or communication. "User Content" means Content that you submit or transmit to or through the Website, such as reviews, compliments, comments, invitations, advice, photographs, videos, and information that you display.
General
The terms and conditions outlined apply to ALBATROSS CLOTHING products and the online content/Website the company are responsible for. If at any time you find these Terms of Use unacceptable, you must immediately leave the Website and cease all use of the Website or Services.
Access to and use of this Website and the ALBATROSS CLOTHING products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page on a regular basis to take notice of any changes we may have made to the Terms of Service. We do not have to notify you of any changes in the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website. We are further not responsible for any damage caused as a result of using this Website or the products of ALBATROSS CLOTHING.
We reserve the right, at our sole discretion to remove you, your content or your account from our system/Website for any reason
You will be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your username and password. You may not use the account or password of someone else at any time. You agree to notify ALBATROSS CLOTHING immediately of any unauthorized use of your account or password. ALBATROSS CLOTHING shall not be liable for any loss that you incur as a result of someone else using your account or password, either with or without your knowledge. You may be held liable for any losses incurred by ALBATROSS CLOTHING and its directors, employees and any companies working with ALBATROSS CLOTHING due to someone else's use of your account or password.
LOST OR STOLEN INFORMATION. You must promptly notify us if your credit card or password is lost, stolen, or otherwise used without permission. In such an event, we will remove that credit card number or password from your account and update our records accordingly.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods 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 and you have already paid for the goods, you will receive a full refund.
Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. ALBATROSS CLOTHING will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Website linked to it. Nor are we liable for the content of, or any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material as a result of you clicking on external links from within this Website.
Prohibited Content
You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (including but not limited to):
1) is libelous, defamatory, obscene, pornographic, abusive, or threatening, or that you know is false or misleading;
2) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation;
3) is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
4) harasses or advocates harassment of another person;
5) exploits people in a sexual or violent manner;
6) contains nudity, excessive violence, or offensive subject matter or contains a link to an adult Website;
7) solicits or is designed to solicit personal information from or about any minor;
(8) contains information that poses or creates a privacy or security risk to any person;
9) constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
10) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
11) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
12) solicits or is designed to solicit passwords or personal identifying information from other Users;
13) involves commercial activities and/or sales without prior written consent from ALBATROSS CLOTHING;
14) includes a photograph or video of another person that you have posted without that person's consent; or
15) violates or attempts to violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person.
ALBATROSS CLOTHING reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Website or Service, and, if applicable, to delete any such material from its servers. ALBATROSS CLOTHING intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
Prohibited Conduct
You are also prohibited from engaging in the following activities, or assisting others in engaging in the following activities, in using the Website or Services (including but not limited to):
1) threatening, stalking, defrauding another person, or inciting, harassing, or advocating the harassment of another person, or otherwise interfering with another user's use of the Website;
2) using the Website in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;
3) using the Website to promote bigotry or discrimination;
4) using the Website to solicit personal information from minors or to harm or threaten to cause harm to minors;
5) using the Website for commercial or promotional purposes, advertising or otherwise solicits funds or is a solicitation for goods or services, displaying an unauthorized commercial advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Website or Service on behalf of that person, such as placing commercial content in a product review/Comment, placing links to e-commerce Websites not authorized by Albatross Clothing Ltd in a product review, placing links to blogs or forums with a commercial purpose, or otherwise attempting to post messages or advertisements with a commercial purpose;
6) engaging in criminal or tortious activity, including, but not limited to, fraud, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, or theft of trade secrets;
7) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
8) attempting to probe, scan, or test the vulnerability of the Website or any associated system or network, or to breach security or authentication measures without proper authorization, including circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Website or Service;
(9) interfering or attempting to interfere with service to any User, host, or network, including, without limitation, by means of submitting a virus to the Website, overloading, "flooding," "spamming," "mail bombing," or "crashing;"
10) using the Website to send unsolicited e-mails, including, without limitation, promotions, or advertisements for products or services;
11) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting;
12) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by ALBATROSS CLOTHING in providing the Website;
13) using the Website for keyword spamming or to otherwise attempt to manipulate natural search results;
14) recording, processing, or mining information about other users;
15) using any viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network, or using any other automated system in order to harvest e-mail addresses or other data from the Website or Service for the purposes of sending unsolicited or unauthorized material;
16) modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the ALBATROSS CLOTHING Services other than your User Content which you legally post on, through or in connection with your use of the Website;
17) providing or using "tracking" or monitoring functionality in connection with the Website or Service, including, without limitation, to identify other Users' views, actions or other activities on the Website;
18) interfering with, disrupting, or creating an undue burden on the ALBATROSS CLOTHING Website or the networks or services connected to the ALBATROSS CLOTHING Website;
19) impersonating or attempting to impersonate ALBATROSS CLOTHING or an employee, administrator or moderator of ALBATROSS CLOTHING, another User, or person or entity (including, without limitation, the use of e-mail addresses associated with or of any of the foregoing);
20) using or distributing any information obtained from the ALBATROSS CLOTHING Website or products in order to harass, abuse, or harm another person or entity, or attempting to do the same;
21) using invalid or forged headers to disguise the origin of any Content transmitted to or through ALBATROSS CLOTHING computer systems, or otherwise misrepresenting yourself or the source of any message or Content;
23) using the Website in a manner inconsistent with any and all applicable laws and regulations.
ALBATROSS CLOTHING reserves the right to terminate your use of the Website and Service, and, in its sole discretion, to reject, to refuse to post, or to delete any Content on the Website or associated Websites for any reason. To ensure that ALBATROSS CLOTHING provides good experience for Users of the Website, you agree that ALBATROSS CLOTHING or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other prohibited uses of the Website. ALBATROSS CLOTHING does not intend to disclose the existence or occurrence of such an investigation unless required by law, but reserves the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability to you.
ALBATROSS CLOTHING assumes no responsibility for monitoring the Website for prohibited Content or conduct. ALBATROSS CLOTHING assumes no responsibility or liability for User Content or conduct, assumes no obligation to modify or remove prohibited Content, and assumes no responsibility or liability for prohibited User conduct.
If you become aware of misuse of the Website or of any prohibited Content or conduct, please report it to ALBATROSS CLOTHING by clicking on the "Contact Us" section, we aim to do all we can to keep the Website safe, and prevent breaches of these terms.
Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through this Website remains the property of ALBATROSS CLOTHING or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by ALBATROSS CLOTHING 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 Website nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by ALBATROSS CLOTHING or its licensors. You further agree that without written permission from ALBATROSS CLOTHING you have no right to use the ALBATROSS CLOTHING brand name, or branding materials in any way.