Your terms and conditions of use

-WEBSITE TERMS AND CONDITIONS- 

1) INTODUCTION
Welcome to the Sole-Exchange.co.uk website ("our Website"). The following terms and conditions will apply when you access our Website and order goods. Before proceeding to place an order, we ask you to read these terms and conditions carefully. If you find yourself unable to agree to these terms and conditions, then you must not use this Website and we ask that you do not proceed to purchase any of our products.

2) THE COMPANY
Sole-Exchange ("us") is an intenet based company in Edinburgh.

3) OUR PRIVACY POLICY
We value your privacy and understand that you do not want your name and personal details to be released to third parties other than for processing your order and facilitating delivery. Please review our privacy policy which governs your use of this Website.

4) WHO CAN USE THIS WEBSITE
4.1) You may only use this Website if you are dealing as a consumer. If you are a business or purchasing for the purposes of onward sale please email contact@sole-exchange.co.uk as different terms and conditions will apply.

4.2) If you are under the age of 18, you may use the Website only with the involvement and express permission of a parent or guardian. By clicking on the "CHECKOUT" button, you confirm to us that you are at least 18 years of age.

5) USING OUR WEBSITE
5.1) We grant you a limited licence, subject to the following conditions, to access and make personal use of our Website.

5.2) You agree not to post or transfer to the Website (nor include in any message) any material which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties' computer system. You agree to indemnify us in respect of any liabilities, losses, expenses, or other costs whatsoever incurred as a result of a breach of your obligation under this condition 5.2, including, but not limited to, any claims made against us by any third party.

5.3) The Data Protection Act 1998 is designed to protect individuals about whom information is collected. Accordingly, it lays down strict standards of accuracy, relevance and care of such data including how it may be divulged. Any data about individuals you enter onto the Website directly or include in any message to us will be subject to the Act and you are responsible for its accuracy and relevance and must have the authority to disclose it and for us to utilise it for the purposes of any transaction concluded for or by you through the Website. We will process your personal data in accordance with our Privacy and Security Policy which can be read at Privacy Policy.

5.4) In consideration of agreeing to your use of the Website, you acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, copyright, database rights and trade marks) in the Website belongs to us and/or the manufacturers of goods featured. Accordingly, no part of the Website (or its source code) may be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilising the Website meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content and placing orders.

5.5) You may not link this Website to any other website mentioned on this Website without our express authority in writing.

6) PURCHASING GOODS

6.1)CONTRACT FORMATION
6.1.1) In order to conclude a legally binding contract with us you must first agree unconditionally to these terms and conditions before completing and submitting our online Order Form by clicking on the "CHECKOUT" button which appears in the shopping cart. Your order represents an offer to us to purchase a product or products which will be acknowledged as received by a confirmatory e-mail from paypal.

6.1.2) For the avoidance of doubt, the paypal Confirmation email is for your convenience only and does not constitute an acceptance of your offer.

6.1.3) We reserve the right not to process your order for any reason including by way of example, the goods no longer being available, we will notify you as soon as reasonably possible by e-mail if this is the case.

6.1.4) These terms shall be deemed to incorporate (and you agree to be bound by) any additional terms and conditions which may apply to offers and promotions appearing on the Website from time to time.

6.2.5) We reserve the right to change our terms and conditions from time to time at our sole discretion without liability to you. The latest terms and conditions will be made available on the Website. Any changes to our terms will only affect your future purchases from us and will not affect the terms on which you have previously bought products from us.

6.2)DESCRIPTION AND AVAILABILITY
6.2.1) Every effort will be made to ensure that the goods you receive match the description and images (if any) set out on this Website as far as reasonably possible. Where the specification of the goods changes materially, you will be entitled to a refund if requested. However, you acknowledge that some variation may occur especially in connection with the colour of goods.

6.2.2) If we become aware of an error in the description of goods, we will notify you of the error as soon as possible. Where we notify you of such an error you will have the opportunity either to confirm your order subject to the correct description or retract your offer to purchase, upon which you will receive a full refund if the goods have been paid for in full.

6.2.3) We list availability information for products sold by us on the Website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.

6.3) PRICING
6.3.1) Unless otherwise stated all prices of goods advertised on this Website are in pounds sterling and inclusive of VAT. You may view your total charge (including delivery) on the shopping cart page.

6.3.2) Despite our careful attention to pricing, an item could be priced incorrectly. If an item's correct price is lower than our quoted price, we will charge the lower (correct) amount and deliver the item to you. If an item's correct price is higher than our quoted price, we shall notify you of the error as soon as possible. Where we notify you of such an error you will have the opportunity either to confirm your order subject to the correct price or retract your offer to purchase upon which you will receive a full refund if the goods have been paid for in full.

6.3.3) In an effort to provide our customers with the most current information, price and availability information is subject to change without notice.

6.4) PAYMENT
Payment shall be made by you, using paypal, as explained on our website. You can read more information at "About payment".

6.5)RISK
The risk of damage to or loss of goods supplied by us will pass to you when the goods are received by you.

6.6) DELIVERY
6.6.1 Subject to Condition 5.3 and any contrary indication on the Website for specific items, we will endeavour to deliver your order in accordance with the delivery dates we state at the time of your order and at Delivery Information, unless otherwise advertised on the Website.

6.6.2 If for any reason we cannot despatch your order within the time period in, 6.6.1 above, we will contact you with an estimated timescale for despatch. You may at your option cancel your order at any time prior to the new estimated date of despatch and we will provide you with a full refund by contacting us at contact@Sole-Exchange.co.uk.

6.6.3 Any liability of us for non-delivery shall be limited to replacing the contracted goods within a reasonable time or refunding to you the purchase price.

6.6.4 If delivery is attempted and you are not present to accept delivery our Royal Mail will notify you of this by leaving a card for you to collect at your nearest office.

6.7) RETURNS, SHORTAGES AND REFUNDS
In addition to our returns policy, by law, customers located in the European Union have the right to withdraw from purchase within seven working days after the date the item was delivered. You must inform us in writing within seven working days starting on the day after they are delivered. You must ensure that you take reasonable care of the goods and must return the goods to us at your own cost. We will refund the amount you paid for the returned goods in accordance with our returns policy, excluding initial pastage costs.

7) YOUR RIGHTS UNDER THIS CONTRACT
7.1) We guarantee that on the date you receive goods purchased from this website those goods will:-

7.1.1) subject to condition 6.3, correspond with the description of the Goods on the Website; and

7.1.2) be of a "satisfactory quality" taking into consideration the description, price, appearance, finish and life expectancy of the goods;

7.1.3) fit for their purpose as fashion footwear; and

7.1.4) be free from defects, unless such defects have been brought to your attention on the Website.

7.2) If you think that your goods do not correspond with any of the three rights above please return them in accordance with our Returns policy and you will have the right to either:

7.2.1) claim a full refund for the goods; or

7.2.2) request that the goods are repaired or replaced (provided that this is a practical option).

7.3) In addition, when this condition 7 applies, we will be responsible repaying for your postage costs in connection with the delivery and return of your goods.

7.4) The above rights reflect your statutory consumer rights and we disclaim all warranties, express or implied other than those set out above.

7.5) In order to keep the prices of our goods listed on this Website as low as possible, we will not be responsible for any losses you incur over and above the price you have paid for the goods together with any postage and packaging costs you may incur. In particular, but not limited to the above, we will not be responsible for any indirect losses that you may suffer.

8) AVAILABILITY OF THIS WEBSITE
We will make every effort to ensure that the availability of this Website will be uninterrupted and error free. However, because of the nature of the Internet this cannot be guaranteed and your access to the Website may also be occasionally suspended or restricted to account for maintenance, repairs and the introduction of new facilities or services. We will attempt to limit the frequency and duration of any suspension or restriction, however, we shall not be responsible in any way for any loss caused to you by any interruption to your access.

9) DAMAGE TO YOUR COMPUTER
We will make every effort to ensure that our Website is free from viruses, other harmful components and defects. However, we cannot guarantee that your use of this Website or any website accessible through this Website won't cause damage to your computer. You are responsible for ensuring that you use the correct equipment to use the Website and screen out anything which may damage your computer. We shall not be responsible in any way for any loss or damage of any kind which may be caused to computer equipment as a result of using this Website.

10) LINKS TO OTHER WEBSITES
We may include links from our Website to other Internet sites. We have no control over the contents of such sites and we do not vet their content. We do not accept any liability in respect of your use of these websites.

11) GENERAL CONDITIONS
11.1) COMPLAINTS
We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can contact us at contact@sole-exchange.co.uk. We will try to do our best to solve any problems that arise.

11.2) EVENTS BEYOND OUR CONTROL
11.2.1) We do not take responsibility for any event or circumstance which is outside our reasonable control nor for any losses arising directly or indirectly from such an event. Non-exhaustive illustrations of events or circumstances reasonably outside of our control include war, riots, explosion, abnormal weather conditions, fire, flood, government action, strikes, lockouts, delays by suppliers, accidents and shortages of materials, labour or manufacturing facilities.

11.2.2) If such a circumstance or event as described in 11.2.1 occurs we will contact you and give you the option to cancel your order and obtain a refund.

11.3) ENTIRE AGREEMENT
This agreement supersedes any prior agreements or arrangements which may have subsisted between us, provided the information you have given to us is not incorrect or fraudulent.

11.4) SEVERABILITY
Notwithstanding that the whole or any part of any provision of this Agreement may prove to be illegal or unenforceable the other provisions of this Agreement and the remainder of the provision in question shall remain in full force and effect.

11.5) THIRD PARTIES
The parties confirm their intent not to confer any rights on any third parties by virtue of this Agreement and accordingly the Contracts (Rights of Third parties) Act 1999 shall not apply to this Agreement.

11.6) COMMUNICATIONS AND NOTICES
When you visit the Website or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

11.7) LAW
11.7.1) Use of this Website and any contract for the sale of goods entered into by you with us is subject to the laws of Scotland, England and Wales. If you live in Scotland, England or Wales, you agree to submit to the exclusive jurisdiction of the Scottish Courts.

11.7.2) Nothing in this contract shall limit your rights as a consumer.