Please carefully read these Terms and Conditions before purchasing any Metal Elvis products on the Website. By purchasing Metal Elvis products from the Website, you agree to be bound by these Terms and Conditions of Sale.
Your Account
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately ifF you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when you registered.
The Website only sells products to individuals and organisations who can purchase with a credit card/debit card or have an agreement to pay by invoice. If you are under sixteen (16), you may use the Website only with the express permission and supervision of a parent or guardian.
Metal Elvis reserves the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at its discretion. If we cancel an order, it will be without charge to you.
Privacy
Please review our Privacy Policy, together with the fraud prevention section below, explains how the personal information we collect from you will be used.
Our Contract
When you place an order to purchase a product from the Website, we will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send an email to you confirming that we have accepted the order (the ‘Order Confirmation Email’). Such acceptance will be complete at the time we send the Order Confirmation Email to you. You are seeking to enter into a contract with Metal Elvis when you place an order.
This contract is legally binding when you have placed an order, your order has been accepted by us and we have sent you the Confirmation Email.
Metal Elvis will retain the title in the products until full payment has been made by you and has been received by Metal Elvis.
Pre-orders and Substitutes
If you place a pre-order for a product, your order will be confirmed as set out above and payment will be taken.
Products which are ordered along with pre-ordered products: If you order available products with pre-ordered product, the entire order will be held until fully available and shipped together.
You agree that pre-ordered products may not be available and therefore ready for shipping for up to sixty (60) days from the date of the Order Confirmation Email. Whilst we will make every effort to supply you with the products listed on the Order Confirmation Email, there may be times when we are unable to supply products (either available products or pre-ordered products) because, for example:
• The products are no longer being manufactured or available; or
• There was a pricing error on the Website.
In such circumstances, we will contact you to let you know and may suggest alternative products that you may wish instead. If you do not wish to accept our suggested alternatives, we will cancel your order in relation to the products that cannot be supplied and refund you any money that you may have paid to us in respect of those products. In the event of a typographical error or technological error causing a mistake in prices published on the Website, we reserve the right to correct the error and to charge you the correct price. Before we do so, we will notify you of the mistake and will offer you the opportunity of a full refund.
We will pay the cost of your returning any products which we supply as substitutes (i.e. where products originally ordered or pre-ordered are unavailable)
Metal Elvis reserves the right to hold any orders prior to shipping for security review. The Metal Elvis Store only delivers within the UK, Northern Ireland, Scottish Highlands and Islands. In the event that an order is placed for a delivery to a location where we do not deliver to, the order will be cancelled and a refund processed.
Fraud prevention, fraud screening and age and identity verification checks
By confirming your order, including by taking the positive step of ticking the relevant box on our Website, you will be indicating that you have read, understood and agree to these e-commerce terms and conditions and that you explicitly consent to your personal information being used by us, its third party service providers and Fraud Prevention Agencies (as further described below) for the following purposes. You should not confirm your order or tick the relevant box on our website unless you consent to this use of your personal information. If you have any questions at all about this, please contact us at customerservice@speedo.com before you proceed with your purchase.
Your personal information including your full name and address will be used for fraud prevention, fraud screening and age and identity verification purposes. This personal information may be disclosed to and used by fraud prevention agencies (“FPAs”) for all such purposes and those agencies may keep a record of it where permitted by the Data Protection Act 1998 (as amended and/or replaced from time to time). This personal information will also be disclosed to third parties providing fraud prevention, fraud screening and age and/or identity verification services us.
As part of this, we may check the following records about you:
• our own records;
• records held by third parties providing services to us; and
• records at fraud prevention agencies (FPAs).
The checks described above may include assessing and verifying identities to prevent and detect fraud. The information we obtain from third parties providing services to us and FPAs will help us to decide whether we are willing to accept payments from you through our website(s) and whether to complete the payment process through our website(s).
As explained above, personal information about you may be sent by us to FPAs and recorded by them. In addition, we may give details of the payments you make to FPAs. All such information may be supplied by the FPAs to other organisations in order that they may perform similar fraud prevention, fraud screening and age and identity verification checks against you, including as part of online transactions and otherwise. Records remain on file for up to 6 years after checks are carried out.
If you give us false or inaccurate information about yourself and if we suspect fraudulent payments and/or identity fraud we will record this and may also pass this information to FPAs and other organisations involved in crime and fraud prevention. We and other organisations may access and use information which relates to you and which is recorded by FPAs in other countries.
This section constitutes a short form explanation about how your personal information may be used by us in conjunction with the FPAs. If you would like to obtain full details about this, please contact us.
ese services before you have exercised your right to cancel, we shall not reimburse the costs of such services.
Feedback and Complaints Policy
We welcome any comments about our service, so that we can improve what we are doing. Our aim is to deal with any problems quickly and fairly. If you have reason to complain about our service, please e-mail us. Our aim is to respond to your complaint within seven (7) working days, either resolving the complaint, or with a timescale for resolution.
Pricing and availability
All prices are quoted in Pounds Sterling and are inclusive of VAT unless otherwise specified. All item prices are exclusive of delivery charges. A list of our delivery charges can be found here. 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. Please note that shipping dates are estimates only. Unless otherwise stated, dispatch dates are not guaranteed and should not be relied upon. As we process your order, we will inform you by email if any products you order are subsequently found to be unavailable.
Despite our best efforts, a small number of the products on the Website may be mis-priced. If a product’s correct price is lower than our stated price, we will charge the lower amount and send you the product. If a product’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping the products or cancel your order and notify you of such cancellation.
PAYMENT OPTIONS
We are able to accept the credit cards listed on our site via WorldPay although we reserve the right to vary these from time to time without notice.
We also accept payment via PayPal.
You are responsible for payment of all orders placed using your user name and password.
Disclaimer and limitation of liability
This Website is provided by Metal Elvis on an “as is” and “as available” basis. Metal Elvis makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. It is expressly agreed by you that your use of this Website is at your sole risk.
Metal Elvis disclaims all warranties, express or implied, including, but not limited to, implied warranties of saleability and fitness for purpose to the fullest extent permissible by applicable law. Metal Elvis does not warrant that this Website, its servers, or e-mail by us are free of viruses or other harmful components. Metal Elvis will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Laws of certain countries or states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Electronic communications
When you visit the Website or send emails to us, you are communicating with us electronically. We will communicate with you by email 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. This condition does not affect your statutory rights.
Disputes
We are under a legal obligation to notify you that certain disputes can be settled by Alternative Dispute Resolution (“ADR”). The approved body to resolve disputes via ADR in our industry is The Retail Ombudsman. Alternatively, there is also an Online Dispute Resolution (“ODR”) Platform available here: http://ec.europa.eu/odr
However, please note that settling disputes via ADR / ODR is not mandatory and we have not elected to resolve our disputes via ADR / ODR. This means that any dispute relating in any way to your visit to the Website or to products you purchase through the Website should be submitted to the courts of England and Wales (unless you have violated or threatened to violate Metal Elvis’s intellectual property rights in any way in which case Metal Elvis may seek injunctive or other appropriate relief in any court in any country in the world and you consent to exclusive jurisdiction of such courts).
Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our Website, policies, and these Terms and Conditions of Sale at any time. Your usage of the Website and your orders will be subject to the policies and Terms and Conditions of Sale in force at the time that you use the Website or that you order products from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of the provisions of these Terms and Conditions of Sale are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.
Events beyond our reasonable control
Metal Elvis will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
Waiver
If you breach these Terms and 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
Your use of the Website, any purchase by you on the Website of any products and these conditions will be governed by and construed in accordance with the laws of England and Wales and will be deemed to have occurred in England. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
Your statutory rights are not affected by these Terms and Conditions of Sale.
