WEBSITE TERMS OF SALE

This page (together with our PRIVACY POLICY, and TERMS OF WEBSITE USE gives you information about us and the legal terms and conditions (“Terms”) on which we sell any of the products (“Products”) listed on our website (“our site”) to you.

These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms.

Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.

We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on February 5, 2013.

These Terms, and any Contract between us, are only in the English language.

1. Information About Us

1. 1. We operate the website soxiety.com. We are Soxiety Limited, a company registered in England under company number 07639311 and with our registered office at 3 Park Court, Pyrford Road, West Byfleet, Surrey, KT146SD, United Kingdom. Our main trading address is at the same address. Our VAT number is GB 133 6672 13.
   2. To contact us, please see our CONTACT US page.

2. Our Products

1. 1. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer’s display of the colors accurately reflect the color of the Products. Your Products may vary slightly from those images.
   2. The packaging of the Products may vary from that shown on images on our site.
   3. All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.

3. Use of Our Site

1. 1. Your use of our site is governed by our TERMS OF WEBSITE USE. Please take the time to read these, as they include important terms which apply to you.

4. How we use your personal information

1. 1. We only use your personal information in accordance our Privacy Policy. For details, please see our PRIVACY POLICY. Please take the time to read these, as they include important terms which apply to you.

5. Consumer Matters

1. 1. As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available in the UK from your local Citizens’ Advice Bureau or Trading Standards office and in other countries from equivalent organizations. Nothing in these Terms will affect these legal rights.
   2. Products are available for sale only to consumers buying the products for personal use. When buying the Products you warrant that you are such a consumer; if you are not, you are in breach of these terms and are liable accordingly. In addition we accept no liability of any nature in relation to the Products where the purchaser is such a consumer.

6. How the contract is formed between you and us

1. 1. For the steps you need to take to place an order on our site, please see our HOW TO SHOP ONLINE page.
   2. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
   3. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.4.
   4. We will confirm our acceptance to you by sending you an e-mail which confirms that the Products have been dispatched (“Shipping Confirmation”). The Contract between us will only be formed when we send you the Shipping Confirmation.
   5. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

7. Applicable Terms

1. 1. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

8. Your consumer right of return and refund

1. 1. You may, at your own cost, send back any items ordered which are not to your liking for any reason as long as they are received by us within one month of their delivery date. You will receive a full refund of the price you paid for the returned Products excluding delivery charges you paid. This right does not apply to Products which have been used, removed from their original packaging or damaged in any way.
   2. In addition to the return service described above, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling Regulations 2000) during the period set out below in clause 8.3. This means that during the period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund subject to return of the Products as in 8.1 (above).
   3. Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed and ends on the expiry of 7 (seven) Working Days starting from the day after the day you receive the Products. Working Days excludes Saturdays, Sundays and public holidays.
   4. To cancel a Contract, you must contact us through the CUSTOMER CARE CONTACT FORM. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
   5. If you elect to cancel, you will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for subject to the return of the Products as provided in Clause 8.1. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 3.
   6. If you have returned the Products to us under this clause 8 because they are faulty or mis- described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
   7. We will refund you on the credit card or debit card used by you to pay.
   8. As part of the cancellation procedure:
      1. you must return the Products to us as soon as reasonably practicable, and in any event within any time limits set out in this clause;
      2. unless the Products are faulty or not as described (in this case, see clause 8.6), you will be responsible for the cost of returning the Products to us;
      3. you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
   9. Details of your legal right to cancel and an explanation of how to exercise it are provided in the Shipping Confirmation.
   10. As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms.

9. Delivery

1. 1. Your order will be fulfilled by the estimated delivery date set out in the Shipping Confirmation, unless there is an Event Outside Our Control (as defined in clause 14.2).
   2. Delivery will be completed when we deliver the Products to the address you gave us.
   3. The Products will be your responsibility from the completion of delivery.
   4. You own the Products once we have received payment in full, including all applicable delivery charges.

10. International Delivery

1. 1. We deliver to the countries listed on THIS PAGE (“International Delivery Destinations”). However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.
   2. If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
   3. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
   4. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

11. Price of products and Delivery charges

1. 1. The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, we will get in touch with you to clarify the price and confirm or, as the case may be, cancel your order.
   2. Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Shipping Confirmation.
   3. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
   4. The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our DELIVERY CHARGES PAGE.
   5. Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or canceling 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. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognized by you as a miss-pricing, we do not have to provide the Products to you at the incorrect (lower) price.

12. How To Pay

1. 1. You can only pay for Products using a debit card or credit card. We accept the following cards: Visa, MasterCard, and JCB.
   2. Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.

13. Our liability

1. 1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
   2. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
   3. We do not in any way exclude or limit our liability for:
      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation;
      3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
      4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
      5. defective products under the Consumer Protection Act 1987.

14. Events outside our control

1. 1. 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. An Event Outside Our Control is defined below in clause 14.2.
   2. 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].
   3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
      1. we will contact you as soon as reasonably possible to notify you; and
      2. 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 Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

15. Communication between us

1. 1. When we refer, in these Terms, to “in writing”, this will include e-mail.
   2. Procedure for contacting us:
      1. To cancel a Contract in accordance with your legal right to do so, please refer to clause 8.
      2. If you wish to contact us for any other reason, you should do this by e-mail sox@soxiety.com. You can always contact us using our Customer Services contact form.
   3. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

16. Other important terms

1. 1. We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms.
   2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
   3. This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
   4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
   5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
   6. Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

17. Retain a copy of these terms

1. 1. You should print out (or save to your computer) a copy of these terms.