Terms of Sale at Valentino's Displays

Website Terms of Sale

These Terms of Sale set out the terms under which Goods are sold by us to business and consumer customers through this website, valentinosdisplays.com (our "Site”). Please read these Terms of Sale carefully and ensure you understand them before ordering any Goods from our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through our Site.

 

1. Definitions

"Contract”    means a contract for the purchase and sale of Goods, as explained in clause 5;

"Goods”    means the goods sold by us through our Site;

"Order”    means your order for Goods;

"Order Confirmation”    means our acceptance and confirmation of your Order;

"Order Number”    means the reference number for your Order; and

"we”, "us” and "our”    means Valentino’s Displays Ltd, a company registered in England and Wales under company number 07296062 and with its registered office at 70-72 Victoria Road, Ruislip, Middlesex, HA4 0AH.

 

2. Access to and use of our Site

2.1    Access to our Site is free of charge.

2.2    It is your responsibility to make any and all arrangements necessary in order to access our Site.

2.3    Access to our Site is provided "as is” and on an "as available” basis. We may alter, suspend or discontinue our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if our Site (or any part of it) is unavailable at any time and for any period.

2.4    Use of our Site is subject to our Website Terms of Use at valentinosdisplays.com. Please ensure you have read them carefully and that you understand them.

 

3. Business customers and consumers

 

3.1    Parts of these Terms of Sale apply either to business customers or consumer customers only. Those parts are clearly marked.

3.2    These Terms of Sale constitute the entire agreement between us and you with respect to your purchase of Goods from us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance or promise made by or on behalf of us that is not set out in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.

3.3    Consumers may only purchase Goods through our Site if they are at least 18 years of age.

4. Goods, pricing and availability

 

4.1    We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from us correspond to the actual Goods. Please note, however, the following:

 

4.1.1    images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in device displays and lighting conditions;

4.1.2    images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.

4.2    Clause 4.1 does not exclude our responsibility for mistakes due to negligence on our part and refers only to minor variations of the correct Goods, not to different Goods altogether.

4.3    Where appropriate, you may be required to select the required size, model, colour, and/or the number of the Goods you are purchasing.

4.4    We cannot guarantee that Goods will always be available.

4.5    Minor changes may, from time to time, be made to certain Goods between your Order being placed and us processing that Order and dispatching the Goods (for example, to reflect changes in relevant laws and regulatory requirements, or to address technical issues). Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.

4.6    We make all reasonable efforts to ensure that all prices shown on our Site are correct at the time of going online. We reserve the right to change prices and to add, alter or remove special offers from time to time and as necessary. Changes in price will not affect any order you have already placed.

4.7    All prices are checked by us before we accept your Order. If we have shown incorrect pricing information, we will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, we will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If we do not receive a response from you within seven days, we will treat your Order as cancelled and notify you of this in writing.

4.8    If the price of Goods you have ordered changes between your Order being placed and us processing that Order and taking payment, you will be charged the price shown on our Site at the time of placing your Order.

4.9    Prices on our Site are shown exclusive of VAT. If the VAT rate changes between your Order being placed and us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

4.10    Delivery charges are not included in the price of Goods displayed on our Site. Delivery options and related charges will be presented to you as part of the order process.

5.    Orders – how Contracts are formed

5.1    Our Site will guide you through the ordering process. Before submitting your Order, you will be given the opportunity to review your Order and amend it. Please ensure you have checked your Order carefully before submitting it.

5.2    If, during the order process, you provide us with incorrect or incomplete information, please contact us as soon as possible.  If we are unable to process your Order due to incorrect or incomplete information, we will contact you to ask you to correct it. If you do not give us the accurate or complete information within a reasonable time of our request, we will cancel your Order and treat the Contract as being at an end. If we incur any costs as a result of your incorrect or incomplete information, we may pass those costs on to you.

5.3    No part of our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance is indicated by us sending you an Order Confirmation by email. Only once we have sent you an Order Confirmation will there be a legally binding Contract between us and you.

5.4    Order Confirmations shall contain the following information:

5.4.1    your Order number;

5.4.4    estimated delivery date(s).

5.5    If we do not accept or cannot fulfil your Order for any reason, we will explain why in writing.

No payment will be taken under normal circumstances. If we have taken payment any such sums will be refunded to you within 14 days using the same payment method you used when ordering the Goods.

 

6. Payment

7. Delivery, risk and ownership

7.1    All Goods purchased through our Site will normally be delivered within 30 days after the date of our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of our control).

7.2    If we are unable to deliver the Goods on the delivery date, the following will apply:

7.2.1    if no one is available at your delivery address to receive the Goods and the Goods cannot be left in a safe place nominated by you, we will leave a delivery note explaining how to rearrange delivery or where to collect the Goods;

7.2.2    if you do not collect the Goods or rearrange delivery within 14 days, we will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, we will treat the Contract as cancelled and recover the Goods. If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery. We may also bill you for any reasonable additional costs we incur in recovering the Goods.

7.3    Delivery shall be deemed complete once we have delivered the Goods to the address you have provided.

7.4    Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).

7.5    Responsibility for the Goods will pass to you when ownership of the Goods passes to you.

8.1    We warrant that the Goods, on delivery, shall be as described; be free from material defects in design, material, and workmanship; be of satisfactory quality (as defined in the Sale of Goods Act 1979); and be fit for any purpose described by us.

8.2    If any Goods you have purchased do not comply, subject to clause 8.3 and your compliance with clauses 8.2.1 to 8.2.3, we shall, at our option, repair the affected Goods, replace them or issue you with a full refund for the price of the affected Goods. The following conditions shall apply:

8.2.1    you must give us written notice of the non-compliance within a reasonable time of discovering it;

8.2.3    you must give us a reasonable opportunity to examine the Goods in question.

8.3    We will not be liable for any non-compliance with the provisions of clause 8.1 of any Goods if any of the following apply:

8.3.1    you have made any further use of the affected Goods after giving us written notice of the non-compliance under clause 8.2.1;

8.3.5    the non-compliance is the result of normal wear and tear, deliberate damage, negligence or abnormal or unsuitable working conditions.

8.4    The terms of this clause 8 shall also apply to any Goods which are repaired or replaced by us under clause 8.2.

8.5    Except as provided in this clause 8, we shall have no further liability to you with respect to Goods which do not comply with clause 8.1.

8.6    In addition to the other terms of this clause 8, we also offer you a no-quibble, 14-day money back guarantee on most Goods as long as they are returned in their original, undamaged packaging and in a re-saleable condition. This 14-day guarantee does not apply to Goods delivered outside the mainland United Kingdom or to Goods such as mannequins and display busts that are made-to-order. Full details are available on our website.

8.7    To return Goods to us for any reason under this clause 8, please contact us to arrange for a collection and return. Unless you are returning Goods under our 14-day guarantee, we will be fully responsible for the costs of returning Goods under this clause 8 and will reimburse you where appropriate.

8.8    Refunds (whether full or partial) under this clause 8 will be issued within 14 days of the day on which we agree that you are entitled to the refund, using the same payment method that you used when ordering the Goods.

8.9    All refunds issued under this clause 8 will include all delivery costs paid by you when the Goods were originally purchased.

9. Faulty, damaged or incorrect Goods – consumers

9.1    By law, we must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information we have provided, and that match any samples or models that you have seen or examined (unless we have made you aware of any differences). If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact us as soon as possible to inform us of the fault, damage or error, and to arrange for a refund, repair or replacement. Your available remedies will be as follows:

9.1.1    beginning on the day you receive the Goods (and ownership of them) you have a 30-day right to reject the Goods and to receive a full refund if they do not conform as stated above;

9.1.5    within a period of six years after you have received the Goods (and ownership of them), if the Goods do not last a reasonable length of time, you may be entitled to a partial refund. Please be aware that after six months have passed since you received the Goods, the burden of proof will be on you to prove that the defect or non-conformity existed at the time of delivery.

9.2    You will not be eligible to claim under this clause 9 if:

9.2.1    we informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them);

Please also note that you may not return Goods to us under this clause 9 merely because you have changed your mind. If you are a consumer in the European Union you have a legal right to a 14-day cooling-off period within which you can return Goods for this reason. Please refer to clause 10 for more details.

9.3    To return Goods to us for any reason under this clause 9, please contact us to arrange for a collection and return. We will be fully responsible for the costs of returning Goods under this clause 9 and will reimburse you where appropriate.

9.4    Refunds (whether full or partial, including reductions in price) under this clause 9 will be issued within 14 days of the day on which we agree that you are entitled to the refund using the same payment method that you used when ordering the Goods.

9.5    All refunds issued under this clause 9 will include all delivery costs paid by you when the Goods were originally purchased.

10. Cancelling and returning Goods if you change your mind if you are a consumer

10.1    If you are a consumer in the European Union, you have a legal right to a 14-day "cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and we have sent you your Order Confirmation, i.e. when the Contract between you and us is formed. You may also cancel for any reason before we send the Order Confirmation.

10.2    If you wish to exercise your right to cancel under this clause 10, you must inform us of your decision within the cooling-off period using the contact methods set out in clause 14. Cancellation by email or by post is effective from the date on which you send Us your message. The cooling-off period lasts for whole days. If, for example, you send us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.

10.3    You lose your legal right to cancel under this clause 10 if the Goods have been custom-made for you: this includes, but is not limited to, hangers, mannequins and display busts.

10.4    Please ensure you return Goods to us no more than 14 days after the day on which you have informed us you wish to cancel under this clause 10.

10.5    You may return Goods to us by post or another suitable delivery service of your choice. You must bear the costs of returning Goods to us if cancelling under this clause 10. We will also charge you the direct cost to us of collection if you request that we collect the Goods from you.

10.6    Refunds under this clause 10 will be issued to you within 14 days of the latter of the following:

10.6.1    the day on which we receive the Goods back;

10.6.3    if we have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform us you wish to cancel the Contract.

10.7    Refunds under this clause 10 may be subject to deductions if there is any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop) and/or if the Goods are not in their original, undamaged packaging.

10.8    Refunds under this clause 10 will be made using the same payment method you used when ordering the Goods.

11. Our liability to consumers

11.1    We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms of Sale (or the Contract) or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

11.2    We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

11.3    Nothing in these Terms of Sale seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

11.4    Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

12. Our liability to business customers

12.1    Subject to clause 12.4, we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise for any loss of profit, loss of business, interruption to business, for any loss of business opportunity or for any indirect or consequential loss arising out of or in connection with any contract between you and us.

12.2    Subject to clause 12.4, our total liability to you for all other losses arising out of or in connection with any contract between you and us, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall be either 100% of the total sums paid by you for the Goods under the contract in question.

12.3    Except to the extent expressly set out in clause 8.1, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

12.4    Nothing in these Terms of Sale seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.

13. Events outside of our control

13.1    We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.

13.2    If any event described under this clause 13 occurs that is likely to adversely affect our performance of any of our obligations under these Terms of Sale:

13.2.1    we will inform you as soon as is reasonably possible;

14. Communication and contact details

If you wish or need to contact us for any reason, please do so by telephone on +44 (0)1489 808007, by email at info@valentinosdisplays.com, or by post at Valentino’s Displays Ltd, 22 Hunts Pond Road, Park Gate, Southampton, Hampshire, SO31 6QA, United Kingdom.

15. Data protection

15.1    All personal information we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (the "GDPR”) and your rights under the GDPR.

15.2    For details of our collection, processing, storage and retention of personal data (including, but not limited to, the purposes for which personal data is used), the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to our Privacy and Cookies Policy at valentinosdisplays.com.

16. Other important terms

16.1    We may transfer, novate or assign our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if we sell our business). If this occurs, your rights under these Terms of Sale will not be affected and our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.

16.2    You may not transfer, novate or assign your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without our prior written consent.

16.3    The Contract is between you and us. It is not intended to benefit any other person or a third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

16.4    If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Sale, which shall be valid and enforceable.

16.5    No failure or delay by us in exercising any of our rights under these Terms of Sale means we have waived that right, and no waiver by us of a breach of any provision of these Terms of Sale means we will waive any subsequent breach of the same or any other provision.

16.6    We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If we change these Terms of Sale as they relate to your Order, we will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 14 days of your cancellation using the same payment method that you used when ordering the Goods.

17. Governing law and jurisdiction

17.1    These Terms of Sale, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

17.2    If you are a business, any disputes concerning these Terms of Sale, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

17.3    If you are a consumer, any disputes concerning these Terms of Sale, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland or Northern Ireland, as determined by your residency.

Website Terms of Use

These Terms of Use, together with the other documents referred to herein, set out the terms of use under which you may use this website, valentinosdisplays.com (our "Site”). Please read these Terms of Use carefully and ensure you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of our Site. If you do not agree to comply with and be bound by these Terms of Use, you must stop using our Site immediately.

1. Definitions

1.1    In these Terms of Use, the following expressions have the following meanings:

"Content”    means all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, our Site;
"User”    means a user of our Site; and
"we”, "us” and "our”    means Valentino’s Displays Ltd, a company registered in England and Wales under company number 07296062 and with its registered office at 70-72 Victoria Road, Ruislip, Middlesex, HA4 0AH.

2. Access to our Site

2.1    Access to our Site is free of charge.

2.2    It is your responsibility to make any and all arrangements necessary in order to access our Site.

2.3    Access to our Site is provided "as is” and on an "as available” basis.  We may alter, suspend or discontinue our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if our Site (or any part of it) is unavailable at any time and for any period.

3. Intellectual property rights

3.1    All Content included on our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by us. All Content is protected by applicable the United Kingdom and international intellectual property laws and treaties.

3.2    Subject to clause 3.3, you may not reproduce, copy, distribute, sell, rent, sub-licence, store or in any other manner re-use Content from our Site without our prior written consent.

3.3    You may:

3.3.1    access, view and use our Site in a web browser (including any web browsing capability built into other types of software or app);
3.3.2    download our Site (or any part of it) for caching;
3.3.3    print page(s) from our Site; and
3.3.4    save pages from our Site for later and/or offline viewing.

3.4    Our status as the owner and author of the Content on our Site (or that of identified licensors, as appropriate) must always be acknowledged.

3.5    You may not re-use any Content printed, saved or downloaded from our Site for commercial purposes without first obtaining a licence from us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of our Site whether by business users or consumers.

4. Links to other websites

Links to other websites may be included on our Site. Unless expressly stated, these sites are not under our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

5. Liability and disclaimers

5.1    Nothing on our Site constitutes advice on which you should rely.  It is provided for information purposes only.

5.2    To the fullest extent permissible by law, we make no representation, warranty or guarantee that our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

5.3    We make reasonable efforts to ensure the Content on our Site is complete, accurate and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate or up-to-date. (This exception does not apply to information concerning goods for sale through our Site.)

5.4    To the fullest extent permissible by law, we accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty or otherwise, arising out of or in connection with the use of (or inability to use) our Site or the use of or reliance upon any Content included on our Site.

5.5    If you are a business user, we hereby exclude all implied conditions, warranties, representations or other terms that may apply to our Site or Content. We will not be liable for any loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

5.6    If you are a consumer User and if, as a result of our failure to exercise reasonable care and skill, any digital content from our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details, please contact your local Citizens Advice Bureau or Trading Standards Office.

5.7    We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war or legal restrictions and censorship.

5.8    Nothing in these Terms of Use excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

6. Viruses, malware and security

6.1    We exercise all reasonable skill and care to ensure that our Site is secure and free from viruses and other malware.

6.2    You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.

6.3    You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful, either to or via our Site.

6.4    You must not attempt to gain unauthorised access to any part of our Site, the server on which our Site is stored, or any other server, computer, or database connected to our Site.

6.5    You must not attack our Site by means of a denial of service attack, a distributed denial of service attack or by any other means.

6.6    By breaching the provisions of clauses 6.3 to 6.5, you may be committing a criminal offence under the Computer Misuse Act 1990. All such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use our Site will cease immediately in the event of such a breach.

7. Privacy and Cookies

Use of our Site is also governed by our Privacy and Cookies Policy, available from valentinosdisplays.com. This Policy is incorporated into these Terms of Use by this reference.

8. Changes to these Terms of Use

8.1    We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of our Site after the changes have been implemented. You should therefore check this page from time to time.

8.2    If there is any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

9. Contacting us

To contact us, please email us at info@valentinosdisplays.com, call us on +44 (0)1489 808007 or write to us at Valentino’s Displays Ltd, 22 Hunts Pond Road, Park Gate, Southampton, Hampshire, SO31 6QA, United Kingdom.

10. Data protection

10.1    All personal information we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (the "GDPR”) and your rights under the GDPR.

10.2    For details of our collection, processing, storage and retention of personal data (including, but not limited to, the purposes for which personal data is used), the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to our Privacy and Cookies Policy at valentinosdisplays.com.

11. Governing law and jurisdiction

11.1    These Terms of Use, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

11.2    If you are a business, any disputes concerning these Terms of Use, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

11.3    If you are a consumer, any disputes concerning these Terms of Use, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland or Northern Ireland, as determined by your residency.