WEBSITE TERMS AND CONDITIONS OF USESumffWear Website Terms & Conditions of Use (“Terms”)
1. Your acceptance
(a) These are the terms on which Smuffwear permits users to access and use the Smuffwearcompany website www.Smuffwear.com and Smuffwear Online Store (Online Store)website http://store.Smuffwear.com (together "Website") including using the services madeavailable through the Website including viewing and purchasing goods, communicating withSmuffwear and reviewing Smuffwear goods specifications and information. By using, browsing oraccessing any part of the Website you agree to be bound by these Terms.
(b) Smuffwear may, from time to time, review and update these Terms to take account of new laws,products and technology. Your use of the Website will be governed by the most recent Terms,posted on the Website. By continuing to use the Website, you agree to be bound by the mostcurrent Terms. Please check the Website regularly for updated versions of the Terms.
2. Changes to the Website
The Website is subject to change at any time without notice and may contain errors. This includes any pricingor specifications of Smuffwear goods found on the Online Store.
3. Your Purchasing Account and password
(a) You may register for an account to use the Online Store on the Website.
(b) Smuffwear may, in its absolute discretion, permit your registration of a purchasing account for theOnline Store on the Website (Purchasing Account). There are 2 categories of Purchasing
You are also responsible for maintaining the confidentiality and secrecy ofyour password and Smuffwear is not responsible for and accepts no liability in relation to itsdisclosure or loss.
4. Goods and purchasing via the Online Store
a) You can place orders anytime, 24 hours a day, seven days a week.
In order to place an order, you must:
1. be 16 years of age or older
2. be a consumer - not a reseller
b) Please note that
• You need an e-mail address to place an order online.
• You'll need to set your browser to accept both cookies and pop-ups in order to make full use of Smuffwear.com, which includes adding items to your shopping cart and checking out from our stores.
c) A maximum of 10 Smuffs, each with a maximum value of $999.99 will be accepted per transaction on this Website.
d) Shipping and Service charges are applicable on each order
e) We at Smuffwear always do our best to accurately display and describe the colours of anything you see advertised in the Online Shop. Having said that, we can’t guarantee the colour of anything delivered to you will exactly match the colour you see on your screen. Partly that is because the colours on computer screens and printers can vary quite a lot.
f) Smuffwear reserves the right to refuse any order where particular goods are not in stock or wheregoods have been incorrectly listed or priced. While Smuffwear takes precautions to ensure thatthe price and details of goods listed are correct on the Online Store, if they are incorrect,Smuffwear reserves the right to cancel the order and refund any applicable amount charged toyour credit card or to your banking account (whichever applicable paymentmethod applies).
g) Any orders received by Smuffwear through the Website constitute offers and are subject toacceptance or rejection by Smuffwear on its discretion. Once an orderhas been placed and any applicable payment received, the order cannot be cancelled by you.
h) Smuffwear does not guarantee the availability of any goods advertised on the Website.
i) Prices are inclusive of goods and services tax. In all other respects the price is exclusive oftaxes, duties and charges imposed. You should note that some countries have import restrictions on certaingoods or materials. If you are outside India, you will be responsible for checking whethersuch restrictions apply before placing an order. If you are outside India you will become theimporter and will be liable to pay local taxes or duties, and you will assume all liability under anycustoms or import laws and regulations.
We can only fulfill an order if the delivery address is a home or office address in one of the countries listed under where we ship to.
Getting things delivered on time is important to us, but we cannot guarantee delivery times. Smuffwear Online Store will not be liable to you or anyone else for any losses suffered or incurred due to delay in delivery.
For Credit Card Purchasing Account holders only:
(a) We must receive payment of the whole of the price for the goods that you order before your order can be accepted. We will confirm that your order has been accepted by sending an email to you at the email address you provide, once we have received payment.
(b) Payment can be made by valid Visa or MasterCard. Payments may be processed immediatelyor as otherwise stated on the Online Store.
(c) It is really important that you can use your credit or debit card safely in the Online Shop. All of our payments are handled by an independent accredited payment processor that complies with the standards set by the Payment Card Industry. Smuffwear does not see or store card details.
(d) If your nominated credit card is declined by your financial institution, your Order will not proceed. You will be notified of this during your transaction.
(a) The Website may contain links to other web sites, including to the web sites of Smuffwear groupentities (including entities based overseas). Smuffwear provides those links as a ready referencefor searching for goods and brands on the internet and tracking purchases and not as anendorsement of those web sites, their operators, the goods, services or content that theydescribe.
(b) Web sites which are linked to the Website, including to the web sites of Smuffwear group entities,are not covered by these Terms, and may have their own terms and conditions and privacypolicy. If you choose to access these linked sites, you do so at your own risk. Smuffwear is notresponsible for and will not be liable in respect of the content or operation of those web sites orany of the goods, services or content that they describe. Smuffwear is not responsible for and willnot be liable in respect of any incorrect link to an external web site.
(c) You are not permitted to link to or frame the Website without Smuffwear's express writtenpermission.
7. Access and communication
(a) Smuffwear does not warrant that you will have continuous access to the Website. Smuffwear will notbe liable in the event that the Website is unavailable to you due to computer downtimeattributable to malfunctions, upgrades, preventative or remedial maintenance activities orinterruption in telecommunications supplies.
(b) Smuffwear does not guarantee the delivery of communications over the internet as suchcommunications rely on third party service providers. Electronic communications (includingelectronic email) are vulnerable to interception by third parties and Smuffwear does not guaranteethe security or confidentiality of these communications or the security of the Website.
(c) Although reasonable efforts are made by Smuffwear to ensure the integrity of the Websiteincluding by using virus checking software, firewalls and other measures, Smuffwear cannotguarantee the safety of computer systems of users of the Website. Smuffwear does not acceptliability for any loss or corruption of electronically stored data or any damage to any computersystem sustained in connection with the use of the Website. You acknowledge that you enterand use the Website at your own risk.
Any personal information submitted by you via the Website, including in the course of registering yourAccount and transacting in our Online Store; will be handled in accordance with Smuffwear's PrivacyPolicy.
9. Intellectual Property
(a) All intellectual property rights, including copyright and patents, in the Website, Smuffwear's goodsand services, and all components of them are owned or licensed by Smuffwear. You must notcopy, modify or transmit any part of the Website.
(b) The Website contains trade marks, logos, service names, trade names of Smuffwear orthird parties which may be registered or otherwise protected by law. You are notpermitted to use any trade marks, logos, service names or trade names appearing onthe Website.
10. Website License
Smuffwear grants you a non-exclusive and non-transferable license to use the Website for your ownpersonal or business use. You may not download (other than page caching) or modify the Website or any portion of theWebsite.
11. Prohibited Uses
In using the Website you must not:
(a) engage in any commercial activity including marketing, advertising or commercialpromotion of goods or services, resale, collect and use any product lists or pricing forthe benefit of other merchants, data mine or use robots or other data collectionmethods;
(b) Impersonate or falsely claim to represent a person or organisation;
(c) Defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others,including without limitation, rights relating to privacy and publicity;
(d) post, link to, or otherwise communicate or distribute any inappropriate, profane,defamatory, infringing, obscene, indecent or unlawful material or information, orotherwise use the Website in a manner which is unlawful or would infringe the rightsof another person including any intellectual property rights; or
(e) Post, link to, or otherwise distribute any information, material or item which contains avirus, trojan horse, worm or other harmful or disruptive component.
Smuffwear may at any time immediately terminate your Account or your access to theWebsite for any reason (including due to your breach or alleged breach of the Terms) in its sole discretion and without prior notice.
13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
(a) TO THE FULL EXTENT PERMITTED BY LAW, Smuffwear EXCLUDES ALLWARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANYWARRANTIES OR REPRESENTATIONS CONCERNING AVAILABILITY OF THEWEBSITE, QUALITY, COMPLETENESS, ACCURACY, SUITABILITY,MERCHANTABILITY OR FITNESS FOR PURPOSE IN RELATION TO THEWEBSITE, THE CONTENT, ALL LINKS TO OR FROM THE WEBSITE AND THEGOODS AND SERVICES ADVERTISED OR ACCESSIBLE ON THE WEBSITE.
(b) SUBJECT TO ANY APPLICABLE LAW WHICH CANNOT BE EXCLUDED,Smuffwear'S LIABILITY IN RESPECT OF ANY NON-EXCLUDABLE WARRANTIESOR CONDITIONS RELATING TO THE WEBSITE, THE CONTENT, ALL LINKS TOOR FROM THE WEBSITE, AND THE GOODS AND SERVICES ADVERTISED ORACCESSIBLE ON THE WEBSITE IS LIMITED TO RESUPPLYING THE RELEVANTCONTENT OR THE REASONABLE COST OF RESUPPLYING THE RELEVANTCONTENT, WHICHEVER Smuffwear SEES FIT TO PROVIDE.
(c) FOR ALL OTHER CLAIMS OR LIABILITY, THE MAXIMUM LIABILITY OFSmuffwear AND ITS RELATED BODIES CORPORATE FOR ANY LOSS, DAMAGE,CLAIM, COST OR EXPENSE WHATSOEVER ARISING OUT OF OR INCONNECTION WITH THESE TERMS, THE WEBSITE, THE CONTENT, ALL LINKSTO OR FROM THE WEBSITE AND THE GOODS AND SERVICES ADVERTISEDOR ACCESSIBLE ON THE WEBSITE WILL BE $10 FOR AN AGGREGATE OF ALLCLAIMS.
(d) Smuffwear WILL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT OR INDIRECTLOST PROFIT, DELETION OR CORRUPTION OF ELECTRONICALLY ORDIGITALLY STORED INFORMATION, OR INCIDENTAL, CONSEQUENTIAL ORSPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THEWEBSITE, THE CONTENT, ALL LINKS TO OR FROM THE WEBSITE AND THEGOODS AND SERVICES ADVERTISED OR ACCESSIBLE ON THE WEBSITE.
(a) You will fully indemnify Smuffwear in respect of all loss, damage, costs, expenses (including legalfees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoeverarising, whether at common law (including negligence) or under statute, in connection with any ofthe following:
(i) any breach of these Terms by you;
(ii) your use of the Website; or
(iii) your use of the purchasing facilities available on the Website.
15. Jurisdiction and Law
These Terms are governed by and must be construed in accordance with the laws of the State ofAndhra Pradesh, India. You submit to the exclusive jurisdiction of the courts of that State and thecountry of India in respect of all matters arising out of or relating to these Terms, theirperformance and subject matter.
Each provision of these Terms is severable from the others and no severance of a provision willaffect any other provision.