These are Our Terms which you should read before you use Our site or before you
register as a Member (defined in Clause 1.3 below). These Terms are a legally
binding agreement between Latestsale.com Limited of 17 Ensign House, Admirals
Way Canary Wharf, London E14 9XQ (“We/Us/Our”) and you. They will
govern the relationship between you and Us and everything that you do on latestsale.com
(the “Site). If you do not wish to be bound by these Terms, please do not
use the Site.
Acceptance of Terms
1.1 These Terms govern your use of the Site, the information that We make available
to you on the Site and any goods or services that We sell you directly from this
Site. These Terms do not govern any other relationships with any third party.
If you are entering into a contract with a third party we will make this clear
to you on our site and you ought to read the third party’s terms and conditions
carefully before entering into an agreement with them. By clicking on the “I
accept” button below you accept that you will be bound by these Terms and
any changes that may be made to them from time to time. If you do not agree to
be bound by these Terms, please exit the Site immediately.
1.2 IF YOU ARE UNDER 16 YEARS OF AGE YOU MAY NOT BECOME A MEMBER OF THE SITE.
1.3 Portions of the Site may be viewed simply by visiting the Site. However,
in order to gain access to certain areas of the Site you may need to enrol as
a member (“Member”) of the Site.
1.4 We may update these Terms from time to time and it is your responsibility
to ensure that you are up to date with them at all times. Please note that your
continued use of the Site will indicate your acceptance of any such updated Terms.
2. Registration Information and Your Privacy
2.1 When you register as a Member, you will be required to provide Us with your
full name, your member name, your address, your post code, your date of birth,
your chosen password and email address (the “Registration Information”).
In the event that you do not provide Us with the Registration Information We
may refuse your request to become a Member. We use the Registration Information
as detailed in Our Privacy Policy. Please click here to read it.
3. Provision of Service
3.1 This Site may be modified or discontinued by Us with or without notice to
you and without liability to you or to any third party. The Site is made available
to you strictly on an “as is” basis and as available.
3.2 [Where We have posted information on the Site such information is provided
to you strictly on an “as is” basis where we make you aware that
it originates from a third party. We are not responsible in any way for the accuracy
or otherwise of information posted onto the Site which relates to third parties
and which has been provided by them to Us. We do not monitor any information
posted on the Site by third parties. We are also not responsible for the contents
of any site that you may go to via links from Our Site.
3.3 In the event that the Site is discontinued or modified, We will use reasonable
endeavours to complete such orders.
3.4 If you become aware of any information on Site which is inaccurate in any
way please let Us know by emailing Us on feedback@latestsale.com
4. Your Obligations to Us
4.1 You agree that you will only use the Site in such a way that adheres to these
Terms.
4.2 You hereby confirm that you have obtained the consent of the telephone line
user and of the person who pays the bill associated with that telephone line
prior to accessing the Site. You are responsible for obtaining all necessary
equipment to enable you to access the Site.
4.3 You are responsible for making back-up copies of the Site as and when you
need them for your own records, in accordance with these Terms.
5. Intellectual Property Rights and Use of Site
5.1 We do not give you any right or interest in any copyright, trade mark, trading
style, trade name, goodwill, design right, patent, database, software right,
whether registered or unregistered (“Intellectual Property Rights”)
in any text, image, logo, trade mark, table, compilation, database, software,
promotional material, or other material in which Intellectual Property Rights
subsist featured on or relating to the Site because they are owned by Us. You
can use all the material on Our Site and you may use, replicate, copy, modify,
distribute or adapt any area of the Site only to the extent We specifically permit
you to do according to these Terms.
5.2 We do not give you any rights in relation to any Intellectual Property Rights
in any product or service that you purchase from or via the Site.
5.3 We do not give any warranty or make any representation in respect of the
ownership or origin of any third party materials included on the Site.
6. Price and Delivery
6.1 All prices for goods and services that We sell to you on the Site include
(where relevant) VAT, packaging and delivery in the UK and are quoted in pounds
sterling.
6.2 If you order goods for postal delivery from Us We use a delivery partner
to deliver such goods to you and We aim to deliver them to you according to our
prevailing delivery period where we have the relevant item in stock. Should We
not hold the item ordered by you in stock, we will notify you at the email address
which you gave Us as part of the Registration Information.
6.3 Please order from Us in enough time to prevent any loss or disappointment
resulting from any delay in the delivery time. For
further details please click
here. Please note that if you order goods or services from a company or website
other than latestsale.com you will be responsible for reading that third party’s
terms and conditions and for ensuring that you fully understand them. We will
not be responsible for such orders from third parties.
6.4 Each order placed with Us is separate and is treated as an individual order
although each will be governed by these Terms.
6.5 We will insure any goods ordered by you based on the price on the Site whilst
in transit to you. Risk in the goods passes to you upon delivery.
6.6 Outside of the UK, delivery charges for goods and services will be calculated
on a product-by-product basis. We reserve the right not to deliver to places
outside the UK. Please read the Delivery and Orders Information Page for further
information.
6.7 Delivery outside the UK may be subject to local import taxes, which are your
responsibility where they apply. If so, the shipping company will contact you
once the products you have ordered have reached the local customs agency to inform
you of the amount of duty that is outstanding.
7. Making a Purchase
7.1 When you place an order for products on the Site you are making Us an offer
to buy such products for the price stated, subject to these Terms. If the products
are third party products, we are not party to the contract.
7.2 We will confirm all orders via email, using the email account that you give
Us as part of the Registration Information. In the event that the product or
service you order is out of stock or otherwise unavailable, We will inform you
of that fact together, where We are so aware, of the time at which the product
or service will become available. If the product or service is available and
the details of your order are clear to Us, Our email to you will be deemed an
acknowledgement of your offer and it will specify delivery details and confirm
the price of the goods or service purchased. Note: payment via our payment partner
is a condition of purchase.
7.3 We cannot guarantee that particular goods and services featured on the site
will always be available. If We cannot supply the requested product you will
not be charged for it and We will refund or re-credit your account with any amount
that We might have debited.
7.4 We may cancel any sale and not supply products or services if it is reasonable
to do so and may change or discontinue the availability of any product at any
time at Our sole discretion. However if We do so, We will always notify you that
We shall do so and, where relevant, refund you all payments made by you.
8. Payment
8.1 All payments are made via Our payment partner. In the event that any such
payment partner rejects your credit card details We will not release the order
to you. We will email you to inform you of such rejection. We release your order
only when We have received confirmation of acceptance to your order.
8.2 Your credit card company may perform an additional security check to confirm
that the cardholder is making the purchase. We are not responsible in respect
of any such security check.
8.3 A dispatch note will be sent to the credit or debit card billing address
and not the shipping or delivery address (if different). Please ensure that your
goods are being delivered to the required address. You are responsible for ensuring
that the goods reach the intended address.
9. Refunds and Returns
9.1 We aim to ensure that goods ordered from us are packaged securely so that
they arrive with you undamaged. However, if goods arrive which have been damaged
or have defects, We will either replace such goods free of charge or alternatively
give you a full refund if you return the product to Us at, Returns
Department, Latestsale.com Limited, 17 Ensign House, Admirals Way, Canary
Wharf, London E14 9XQ. Any item despatched to you will indicate
this returns address. We will try to attend to all returns as soon as practically
possible. This does not affect your statutory rights.
9.2 Our policy is to ensure that you are satisfied every time you place an order
on Our website. If you are unhappy for any reason with goods supplied to you
by Us when you receive them please return them with the despatch note, unused,
within seven working days of the receipt. We will refund your payment to your
credit/debit card after We have inspected the returned product and are satisfied
that the product in question has been returned in the condition it was in when
delivered to you.
9.3 Please note that We cannot give refunds in respect of personalised goods
or goods which by their nature cannot be returned to Us, goods which deteriorate
or expire rapidly, or in relation to any video cassette, CD, DVD or other digital
medium the seal of which has been broken, or any digital file downloaded from
the Site. Therefore, when purchasing such items, please think carefully before
you buy.
10. Competitions
10.1 Each competition that is run on the Site will have its own rules and you
agree to follow those rules. Please read them carefully before entering a competition.
10.2 Sometimes, a competition might be age-restricted. If so, you might be refused
entry on the basis of your age. We may verify your age using Cookies.
10.3 We will use your Registration Information to contact you in the event that
you win a competition and/or to deliver to you your prize. Please read Our Privacy
Policy in relation to use of your personal information.
10.4 We are not responsible for any competition or game run by any third party
which you access via Our Site.
11. Guarantees and Liability
11.1 Some goods or services may differ slightly from their description or appearance
on the Site. Please check the delivered product as soon as possible on receipt
as We will not be responsible for any subsequent loss or destruction.
11.2 We will not be liable for any indirect or consequential loss to you arising
out of your use of the Site or your use of any Goods or Services available on
the Site.
11.3 Except as provided above We give no other warranties, conditions or other
terms, express or implied, statutory or otherwise and all such terms are hereby
excluded to the maximum extent permitted by law, subject to your statutory and
common law consumer rights which remain in full force and effect.
12. Term and Termination
12.1 We may terminate these Terms immediately on giving notice in writing to
you if:
(a) you commit any breach of any term of this Agreement; or
(b) you do not comply fully with Clause 5 above; or
(c) you commit a material breach of these Terms; or
(d) we choose to so terminate in our sole discretion.
12.2 You may terminate these Terms forthwith subject to any outstanding payments
due.
12.3 Forthwith upon termination of this Agreement, you shall cease all use of
the Site.
Any termination of this Agreement (howsoever occasioned) shall not affect any
accrued rights or liabilities of either party nor shall it affect the coming
into force or the continuance in force of any provision in this Agreement, which
is expressly or by implication intended to come into or continue in force on
or after such termination and neither shall it affect any common rights that
are available to you.
13. General
13.1 If any provision of this Agreement is prohibited by law or judged by a Court
of competent jurisdiction to be unlawful, void or unenforceable the provision
shall, to the extent required, be severed from these Terms and shall not affect
the validity or enforcement of these Terms.
13.2 The provisions of the Contracts (Rights of Third Parties) Act 1999 shall
not apply to these Terms.
13.3 Our Site and these terms and conditions are subject to the laws of England
and the Courts of England have exclusive jurisdiction in respect of any disputes
arising from or subject to this Agreement.
PRIVACY POLICY
Your privacy is important to Us. We treat it, and any information that you give
to Us, with as much care as possible. Please read the following policy to understand
what We do with your information. You should also read the Terms, above.
Registration Information
13.4 We only collect your personal information in accordance with Our Terms,
above. The information that We collect is known as the Registration Information
(defined in Clause 2.1 of the Terms) and information relating to your use of
the site as detailed at Clause 2 below.
13.5 You warrant that the Registration Information is true, accurate and current
and you shall inform Us of any changes made to the Registration Information.
You shall not impersonate any living person when providing Us with the Registration
Information.
14. Use of Registration Information
14.1 We use the Registration Information only where you allow Us to do so and
only in respect of the offer and activities on the Site that you request.
14.2 If you enter a competition on the Site, We will use the Registration Information
to contact you to let you know if you have won and also to deliver your prize.
Each competition has its own rules and they will be visible when you enter the
competition online. Please read Clause 10 “Competitions” in the Terms.
14.3 We may use the Registration Information from time to time to offer you services
and products based on the preferences that you identify during the registration
process when you become a Member, and based on any preferences of which you subsequently
make Us aware such as favourite products/services. We will obtain your permission
to carry out such promotions during the registration process when We obtain your
Registration Information. To offer you such third party services We may email
you at the email address that you give Us when you give Us the Registration Information.
14.4 We will ask for and store your order and delivery details including your
address (if different to the address in the Registration Information) and may
automatically insert certain information on your order form so that you can order
and purchase products from Our website with the minimum amount of form filling.
14.5 We will use the Registration Information in relation to any goods or services
that you purchase directly from Us so that We can deliver such goods or services
to you.
15. Data Protection
15.1 We do not share your Registration Information or other information with
third parties and use it only to email you in accordance with these Terms to
notify you about offers and to confirm orders. We will also periodically give
you the opportunity to “opt out” of receiving such email communication
referred to in Clause 2 above.
15.2 We recognise that the Registration Information and the information that
We capture during your use of the Site is personal data for the purposes of the
Data Protection Act 1988 (the “Act”) and We hereby agree that We
shall treat the Registration Information and all other information that you give
Us in accordance with the Act.
15.3 In the event that you would like to view a copy of the information that
We hold on you, you may do so at any time by requesting a copy to be sent you
on the following email address: feedback@latestsale.com.
Please note that
We
may
charge
you
a
fee
of up to £10 for the provision of such information.
16. Cookies
We use cookies in relation to your use of the Site. A cookie is a file that We
put in your computer. That file tells Us how you use the Site. For example, it
will speed up your use of the Site, when you are purchasing goods and services
from Us. It also assists Us in understanding how you use the Site so that We
can constantly improve and update it. For more information about cookies, visit
www.allaboutcookies.org. We also collect details of your web browser, the address
at which it is based and details of the pages that you view on Our Site.