Terms & Conditions

BACKGROUND:

This agreement applies as between you, the User of this Web Site and White
Stone, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

No part of this Web Site is intended to constitute a contractual offer
capable of acceptance. Your order constitutes a contractual offer and our
acceptance of that offer is deemed to occur upon our sending a dispatch email to
you indicating that your order has been fulfilled and is on its way to
you.


1.                 
Definitions and Interpretation
In this Agreement the following terms
shall have the following meanings:





“Account”

means
collectively the personal information, Payment Information and credentials used
by Users to access Paid Content and / or any communications System on the Web
Site;


“Carrier”

means
any third party responsible for transporting purchased Goods from our Premises
to customers;


“Content”

means
any text, graphics, images, audio, video, software, data compilations and any
other form of information capable of being stored in a computer that appears on
or forms part of this Web Site;


“Goods”

means
any products that White Stone advertises and / or makes available for sale
through this Web Site;


“White
Stone”

means
White Stone Adventure Ltd trading as White Stone. Unit 1, Wellington House, Cold
Bath Road, Harrogate, North Yorkshire, HG2 0NA, UK;


“Service”

means
collectively any online facilities, tools, services or information that White
Stone makes available through the Web Site either now or in the
future;


“Payment Information”

means
any details required for the purchase of Goods from this Web Site. This
includes, but is not limited to, credit / debit card numbers, bank account
numbers and sort codes;


“Purchase Information”

means
collectively any orders, invoices, dispatch notes, receipts or similar that may
be in hard copy or electronic form;


“Premises”

Means
our place(s) of business located at Unit 1, Wellington House, Cold Bath Road,
Harrogate, North Yorkshire, HG2 0NA, UK;


“System”

means any online communications infrastructure that White Stone makes
available through the Web Site either now or in the future. This includes, but
is not limited to, web-based email, message boards and email
links;


“User” / “Users”

means any third party that accesses the Web Site and is not employed
by White Stone and acting in the course of their employment; and


“Web Site”

means the website that you are currently using
(www.white-stone.co.uk) and any sub-domains of this site (e.g. sub-domain.
http://www.white-stone.co.uk/category/2/Ski_Wear) unless expressly excluded by
their own terms and conditions.

2.                  Age
Restrictions
Persons under the age of 18 should use
this Web Site only with the supervision of an Adult. Payment Information must be
provided by or with the permission of an Adult.
3.                 
Business Customers
These Terms and Conditions also apply
to customers buying Goods in the course of business.
4.                 
International Customers
If Goods are being ordered from outside
White Stone’s country of residence, import duties and taxes may be incurred once
your Goods reach their destination. White Stone is not responsible for these
charges and we undertake to make no calculations or estimates in this regard. If
you are buying internationally, you are advised to contact your local customs
authorities for further details on costs and procedures. As the purchaser of the
Goods, you will also be the importer of record and as such should ensure that
your purchase is in full compliance with the laws of the country into which the
Goods are being imported. Please be aware that Goods may be inspected on arrival
at port for customs purposes and White Stone cannot guarantee that the packaging
of your Goods will be free of signs of tampering.
5.                 
Intellectual Property
5.1              Subject to the
exceptions in Clause 6 of these Terms and Conditions, all Content included on
the Web Site, unless uploaded by Users, including, but not limited to, text,
graphics, logos, icons, images, sound clips, video clips, data compilations,
page layout, underlying code and software is the property of White Stone, our
affiliates or other relevant third parties. By continuing to use the Web Site
you acknowledge that such material is protected by applicable United Kingdom and
International intellectual property and other laws.
5.2              Subject to
Clause 7 you may not reproduce, copy, distribute, store or in any other fashion
re-use material from the Web Site unless otherwise indicated on the Web Site or
unless given express written permission to do so by White Stone.
6.                 
Third Party Intellectual Property
6.1              Unless otherwise
expressly indicated, all Intellectual Property rights including, but not limited
to, Copyright and Trademarks, in product images and descriptions belong to the
manufacturers or distributors of such products as may be applicable.
6.2              Subject to
Clause 7 you may not reproduce, copy, distribute, store or in any other fashion
re-use such material unless otherwise indicated on the Web Site or unless given
express written permission to do so by the relevant manufacturer or
supplier.
7.                  Fair
Use of Intellectual Property
Material from the Web Site may be
re-used without written permission where any of the exceptions detailed in
Chapter III of the Copyright Designs and Patents Act 1988 apply.
8.                 
Links to Other Web Sites
This Web Site may contain links to
other sites. Unless expressly stated, these sites are not under the control of
White Stone or that of our affiliates. We assume no responsibility for the
content of such web sites and disclaim liability for any and all forms of loss
or damage arising out of the use of them. The inclusion of a link to another
site on this Web Site does not imply any endorsement of the sites themselves or
of those in control of them.
9.                 
Links to this Web Site
Those wishing to place a link to this
Web Site on other sites may do so only to the home page of the site www.white-stone.co.uk
without prior permission. Deep linking (i.e. links to specific pages within the
site) requires the express permission of White Stone. To find out more please
contact us by email at info@white-stone.co.uk.
10.              Use of

Communications Facilities
10.1          When using the
enquiry form or any other System on the Web Site you should do so in accordance
with the following rules:
10.1.1    You must not use obscene
or vulgar language;
10.1.2    You must not submit
Content that is unlawful or otherwise objectionable. This includes, but is not
limited to, Content that is abusive, threatening, harassing, defamatory, ageist,
sexist or racist;
10.1.3    You must not submit
Content that is intended to promote or incite violence;
10.1.4    It is advised that
submissions are made using the English language as we may be unable to respond
to enquiries submitted in any other languages;
10.1.5    The means by which you
identify yourself must not violate these terms of use or any applicable
laws;
10.1.6    You must not impersonate
other people, particularly employees and representatives of White Stoneor our
affiliates; and
10.1.7    You must not use our
System for unauthorised mass-communication such as “spam” or “junk mail”.
10.2          You acknowledge that
White Stone reserves the right to monitor any and all communications made to us
or using our System.
11.             
Accounts
11.1          In order to purchase
Goods on this Web Site you are required to create an Account which will contain
certain personal details and Payment Information (Payment details are sent to
SagePay) which may vary based upon your use of the Web Site as we may not
require payment information until you wish to make a purchase. By continuing to
use this Web Site you represent and warrant that:
11.1.1    all information you submit
is accurate and truthful;
11.1.2    you have permission to
submit Payment Information where permission may be required; and
11.1.3    you will keep this
information accurate and up-to-date.
Your creation of an Account is further
affirmation of your representation and warranty.
11.2          It is recommended
that you do not share your Account details, particularly your username and
password. White Stone accepts no liability for any losses or damages incurred as
a result of your Account details being shared by you. If you use a shared
computer, it is recommended that you do not save your Account details in your
internet browser.
11.3          If you have reason
to believe that your Account details have been obtained by another without
consent, you should contact White Stone immediately to suspend your Account and
cancel any unauthorised purchases that may be pending. Please be aware that
purchases can only be cancelled until they are dispatched. In the event that an
unauthorised purchase is dispatched prior to your notifying us of the
unauthorised nature of the purchase, White Stone accepts no liability or
responsibility and you should make contact with the Carrier detailed in the
Purchase Information.
11.4          When choosing your
username you are required to adhere to the terms set out above in Clause 10. Any
failure to do so could result in the suspension and/or deletion of your
Account.
12.             
Termination and Cancellation
12.1          Either White Stone
or you may terminate your Account. If White Stone terminates your Account, you
will be notified by email and an explanation for the termination will be
provided. Notwithstanding the foregoing, we reserve the right to terminate
without giving reasons.
12.2          If White Stone
terminates your Account, any current or pending purchases on your Account will
be cancelled and will not be dispatched.
12.3          White Stone reserves
the right to cancel purchases without stating reasons, for any reason prior to
processing payment and dispatch.
12.4          If purchases are
cancelled for any reason prior to dispatch you will be refunded any monies paid
in relation to those purchases.
12.5          If you terminate
your Account any non-dispatched purchases will be cancelled and you will be
refunded any monies paid in relation to those purchases.
13.              Goods,
Pricing and Availability
13.1          Whilst every effort
has been made to ensure that all graphical representations and descriptions of
Goods available from White Stone correspond to the actual Goods, White Stone is
not responsible for any variations from these descriptions. This does not
exclude our liability for mistakes due to negligence on our part and refers only
to variations of the correct Goods, not different Goods altogether. Please refer
to Clause 15.1 for incorrect Goods.
13.2          Where appropriate,
you may be required to select the required [size] [model] [colour] [number]
[other features] of the Goods that you are purchasing.
13.3          White Stone does not
represent or warrant that such Goods will be available. Stock indications are
provided on the Web Site however these may not take into account sales that have
taken place during your visit to our website.
13.4          All pricing
information on the Web Site is correct at the time of going online. White Stone
reserves the right to change prices and alter or remove any special offers from
time to time and as necessary.
13.5          In the event that
prices are changed during the period between an order being placed for Goods and
White Stone processing that order and taking payment, you will be contacted
prior to your order being processed with details of the new price;
13.6          All prices on the
Web Site do include VAT. White Stone’s VAT number is GB 897719840.
14.             
Delivery
14.1          White Stone will
notify you by way of email when your goods are to be dispatched to you. The
message will contain details of estimated delivery times in addition to any
reasons for a delay in the delivery of the Goods purchased by you.
14.2          If White Stone
receives no communication from you, within 7 days of delivery, regarding any
problems with the Goods, you are deemed to have received the Goods in full
working order and with no problems.
15.              Returns
Policy
White Stone aims to always provide high
quality Goods that are fault free and undamaged. On occasion however, goods may
need to be returned. Returns are governed by these Terms and Conditions.
15.1          If you receive Goods
which do not match those that you ordered, unless accompanied by an explanatory
note detailing the changes, stating reasons for the changes and setting out your
options, you should contact us within 7 days to arrange collection and
return. White Stone is responsible for paying shipment costs. You will be given
the option to have the Goods replaced with those ordered (if available) or to be
refunded through the payment method used by you when purchasing the
Goods. Refunds and replacements will be issued upon our receipt of the returned
Goods.
15.2          If any Goods you
have purchased have faults when they are delivered to you, you should contact
White Stone within 7 days to arrange collection and return. White Stone are only
responsible for paying shipment costs if the goods are confirmed faulty by
us. Goods must be returned in their original condition with all packaging and
documentation. Upon receipt of the returned Goods, the price of the Goods, as
paid by you, will be refunded to you through the payment method used by you when
purchasing the Goods.
15.3          If any Goods develop
faults within their warranty period, you are entitled to a repair or replacement
under the terms of that warranty.
15.4          If Goods are damaged
in transit and the damage is apparent on delivery, you should sign the delivery
note to the effect that the goods have been damaged. In any event, you should
report such damage to White Stone within 7 days and arrange collection and
return. White Stone is responsible for paying shipment costs. Upon receipt of
the returned Goods, the price of the Goods, as paid by you, will be refunded to
you through the payment method used by you when purchasing the Goods. You must
obtain proof of the damage.
15.5          You have a statutory
right to a “cooling off” period. This period begins once your order is complete
and ends 7 days after the Goods have been delivered. If you change your mind
about the goods within this period, please return them to White Stone within 7
days of receipt. Goods can only be returned for this reason if their packaging
remains unopened or attached and the Goods can be re-sold, as new, without any
additional work on the part of White Stone. You are responsible for paying
shipment costs if Goods are returned for this reason.
15.6          If you wish to
return Goods to White Stone for any of the above reasons, please contact us
using the details on our contact page - (http://www.white-stone.co.uk/page/7/Contact)
to make the appropriate arrangements.
15.7          White Stone reserves
the right to exercise discretion with respect to any returns under these Terms
and Conditions. Factors which may be taken into account in the exercise of this
discretion include, but are not limited to:
15.7.1    Any use or enjoyment that
you may have already had out of the Goods;
15.7.2    Any characteristics of the
Goods which may cause them to deteriorate or expire rapidly;
15.7.3    Any discounts that may
have formed part of the purchase price of the Goods to reflect any lack of
quality made known to the Customer at the time of purchase.
Such discretion to be exercised only
within the confines of the law.
16.             
Privacy
Use of the Web Site is also governed by
our Privacy Policy which can be found at - http://www.white-stone.co.uk/page/70/Privacy_Policy
which is incorporated into these terms and conditions by this reference. To view
the Privacy Policy, please click on the link above.
17.             
Disclaimers
17.1          White Stone makes no
warranty or representation that the Web Site will meet your requirements, that
it will be of satisfactory quality, that it will be fit for a particular
purpose, that it will not infringe the rights of third parties, that it will be
compatible with all systems, that it will be secure and that all information
provided will be accurate. We make no guarantee of any specific results from the
use of our Services.
17.2          No part of this Web
Site is intended to constitute advice and the Content of this Web Site should
not be relied upon when making any decisions or taking any action of any
kind.
17.3          No part of this Web
Site is intended to constitute a contractual offer capable of acceptance.
18.              Changes
to the Service and these Terms and Conditions
White Stone reserves the right to
change the Web Site, its Content or these Terms and Conditions at any time. You
will be bound by any changes to the Terms and Conditions from the first time you
use the Web Site following the changes. If White Stone is required to make any
changes to Terms and Conditions relating to sale of Goods by law, these changes
will apply automatically to any orders currently pending in addition to any
orders placed by you in the future.
19.             
Availability of the Web Site
The Service is provided “as is” and on
an “as available” basis. We give no warranty that the Service will be free of
defects and / or faults. To the maximum extent permitted by the law we provide
no warranties (express or implied) of fitness for a particular purpose, accuracy
of information, compatibility and satisfactory quality.
White Stone accepts no liability for
any disruption or non-availability of the Web Site resulting from external
causes including, but not limited to, ISP equipment failure, host equipment
failure, communications network failure, power failure, natural events, acts of
war or legal restrictions and censorship.
20.             
Limitation of Liability
20.1          To the maximum
extent permitted by law, White Stone accepts no liability for any direct or
indirect loss or damage, foreseeable or otherwise, including any indirect,
consequential, special or exemplary damages arising from the use of the Web Site
or any information contained therein. Users should be aware that they use the
Web Site and its Content at their own risk.
20.2          Nothing in these
Terms and Conditions excludes or restricts White Stone’s liability for death or
personal injury resulting from any negligence or fraud on the part of White
Stone.
20.3          Nothing in these
Terms and Conditions excludes or restricts White Stone’s liability for any
direct or indirect loss or damage arising out of the incorrect delivery of Goods
or out of reliance on incorrect information included on the Web Site.
20.4          Whilst every effort
has been made to ensure that these terms and conditions adhere strictly with the
relevant provisions of the Unfair Contract Terms Act 1977, in the event that any
of these terms are found to be unlawful, invalid or otherwise unenforceable,
that term is to be deemed severed from these terms and conditions and shall not
affect the validity and enforceability of the remaining terms and
conditions. This term shall apply only within jurisdictions where a particular
term is illegal.
21.              No
Waiver
In the event that any party to these
Terms and Conditions fails to exercise any right or remedy contained herein,
this shall not be construed as a waiver of that right or remedy.
22.              Previous
Terms and Conditions
In the event of any conflict between
these Terms and Conditions and any prior versions thereof, the provisions of
these Terms and Conditions shall prevail unless it is expressly stated
otherwise.
23.             
Notices
All notices / communications shall be
given to us either by post to our Premises (see address above) or by email to
info@white-stone.co.uk. Such
notice will be deemed received 3 days after posting if sent by first class post,
the day of sending if the email is received in full on a business day and on the
next business day if the email is sent on a weekend or public holiday.
24.  Law and
Jurisdiction
These terms and conditions and the
relationship between you and White Stone shall be governed by and construed in
accordance with the Law of England and Wales and White Stone and you agree to
submit to the exclusive jurisdiction of the Courts of England and Wales.