In General
Prescotts Ltd (“prescotts.co.uk”) trades and operates on eBay. These terms and conditions govern your relationship with "PrescottsLtd" (“eBay Account)”).
This Website may contain links to other websites (the "www.youtube.com"), which are not operated by prescotts.co.uk. prescotts.co.uk has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on eBay remains the property of PrescottsLtd or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by PrescottsLtd and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with PrescottsLtd you must be over 18 years of age and possess a valid PayPal, credit or debit card issued by a bank acceptable to us. prescotts.co.uk retains the right to refuse any request made by you.
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
(c) Payment
Upon receiving your order we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
(d) Personalisation
We do not proofread or check personalisation’s and product may come blank or with fixed design or fixed text if you do not enter any personalisation. Due to the nature of our products, production may start immediately. Please check your order during the order process and the confirmation email carefully (you may also print copy of your order upon payment if you are registered with us) as we cannot refund or cancel your order for personalised products which have been misspelt or change of mind.
e) Returns
If you feel that you need to return an item, we will keep this process as smooth as possible. These terms do not affect your statutory rights.
We have no liability to you unless you notify us of any damaged, defective or incorrect quantity items within 72 hours of delivery. You must return goods within 7 days of receiving. The item must be in an unused state complete with packaging and all components. Upon receipt of the goods, we will refund you the price you paid for that product including postage and package. Please note that refunds of the purchase price for items bought as gifts can only be given to the original purchaser.
You are responsible for the cost of the return, unless the item is faulty, damaged or incorrect. We cannot be held responsible for packages lost in transit, we recommend sending the package by Signed for Courier, Royal Mail Recorded or Special Delivery services.
Our return policy does not apply to items which have been personalised or custom made for you or you have provided incorrect or inaccurate information during the order process. If the goods that we deliver are not what you ordered or are damaged or defective, we will replace the goods.
Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour on your computer monitor nor that any given image will reflect or portray the full design or options relating to that product.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law PrescottLtd and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect prescotts.co.uk's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with prescottsltd and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to prescottsltd.
Indemnity
You agree to indemnify, defend and hold harmless prescotts.co.uk, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the
Terms of Service.
Variation
prescotts.co.uk shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
Waiver
If you breach these 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.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and prescotts.co.uk. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of prescotts.co.uk.
Copyright © 2020 Prescotts - All Rights Reserved.
