1 DEFINITIONS
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the
Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract
Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and
purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5 "Seller" means TheClickCity.com
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this
document and any special terms and conditions agreed in writing by the Seller.
2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as
a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by
the Seller to the Buyer and shall prevail over any other documentation or
communication from the Buyer.
2.3 Free movie trailers in the form of download contents are subject to fair usage policy.
Rights to such contents are reserved to their respective owners and are intended for promotional purposes only.
No modifications have been made to the original contents and users are urged not to do so.
2.4 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the
Buyer's acceptance of these Terms and Conditions.
2.5 Any variation to these Terms and Conditions (including any special terms and
conditions agreed between the parties) shall be inapplicable unless agreed in writing
by the Seller.
3 ORDERING
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase
Goods pursuant to these Terms and Conditions and are subject to acceptance by the
Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer
shall be notified and given the option to either wait until the Goods are available from
stock or cancel the order and receive a full refund within 30 days.
4 PRICE AND PAYMENT
4.1 The Price of the Goods shall be that stipulated on the Seller's Website. The Price includes delivery charges.
4.2 The total purchase price, including VAT and delivery charges, if any, will be
displayed in the Buyer's shopping cart prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email the details,
description and price for the Goods together with information on the right to cancel if
the Buyer is a Consumer.
4.4 Payment of the Price and delivery charges must be made in full before
dispatch of the Goods.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to adjust the price and specification of any item on
the Website at its discretion.
5.2 The Seller reserves the right to withdraw any goods from the Website at any
time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the
Website or for refusing to process an order.
6 AGE OF CONSENT
6.1 Where Goods may only be purchased by persons of a certain age the Buyer will
be asked when placing an order to declare that they are of the appropriate legal age
to purchase the Goods.
6.2 If the Seller discovers that the Buyer is not legally entitled to order certain
Goods, the Seller shall be entitled to cancel the order immediately, without notice.
7 WARRANTY
The Seller warrants that the Goods will at the time of dispatch correspond to the
description given by the Seller. Except where the Buyer is dealing as a Consumer, all
other warranties, conditions, or terms relating to fitness for purpose, merchantability
or condition of the Goods, whether implied by Statute, common law or otherwise are
excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer's
purpose.
8 DELIVERY
8.1 Goods supplied within the UK will normally be delivered within 30 working days
of acceptance of order.
8.2 Goods supplied outside the UK will normally be delivered within 30 working days
of acceptance of order.
8.3 Where a specific delivery date has been agreed, and where this delivery date
cannot be met, the Buyer will be notified and given the opportunity to agree a new
delivery date or receive a full refund.
8.4 The Seller shall use its reasonable endeavours to meet any date agreed for
delivery. In any event time of delivery shall not be of the essence and the Seller shall
not be liable for any losses, costs, damages or expenses incurred by the Buyer or any
third party arising directly or indirectly out of any failure to meet any estimated
delivery date.
8.5 Delivery of the Goods shall be made to the Buyer's address specified in the order
and the Buyer shall make all arrangements necessary to take delivery of the Goods
whenever they are tendered for delivery.
8.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
9 CANCELLATION AND RETURN
9.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the
Seller by e-mail to the address in the contact details provided on the web site within
7 working days of delivery, if the Goods are damaged or do not comply with any of
the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted
the Goods.
9.2 Where a claim of defect or damage is made the Goods shall be returned by the
Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery
costs) plus any return postal charges if the Goods are in fact defective.
9.3 If you are a consumer you have the right, in addition to your other rights, to
cancel the Contract and receive a refund by informing the Seller by e-mail to the
address in the contact details provided on the web site within 7 working days of
receipt of the Goods.
9.4 Goods must be returned by the Buyer at the Buyer's expense and should be
adequately insured during the return journey. The Buyer will receive a refund of all
monies paid for the Goods (including delivery charges, if any) except for return
postal charges within 30 days of cancellation. If the Buyer fails to return the Goods
following cancellation, the Seller shall be entitled to deduct the cost of recovering the
Goods from the Buyer.
9.5 Goods to be returned must clearly show the order number obtained from the
Seller on the package.
9.6 Where returned Goods are found to be damaged due to the Buyer's fault the
Buyer will be liable for the cost of remedying such damage.
10 LIMITATION OF LIABILITY
10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in
the event of any breach of these Terms and Conditions by the Seller the remedies of
the Buyer shall be limited to damages which shall in no circumstances exceed the
Price of the Goods and the Seller shall under no circumstances be liable for any
indirect, incidental or consequential loss or damage whatever.
10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the
Seller for death or personal injury resulting from the negligence of the Seller or that
of the Seller's agents or employees.
11 WAIVER
No waiver by the Seller (whether express or implied) in enforcing any of its rights
under this contract shall prejudice its rights to do so in the future.
12 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations
if the delay or failure results from events or circumstances outside its reasonable
control, including but not limited to acts of God, strikes, lock outs, accidents, war,
fire, breakdown of plant or machinery or shortage or unavailability of raw materials
from a natural source of supply, and the Seller shall be entitled to a reasonable
extension of its obligations.
13 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or
unenforceable for any reason by any court of competent jurisdiction such provision
shall be severed and the remainder of the provisions hereof shall continue in full
force and effect as if these Terms and Conditions had been agreed with the invalid
illegal or unenforceable provision eliminated.
14 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time. but this
right shall not affect the existing Terms and Conditions accepted by the Buyer upon
making a purchase.
15 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with
the law of England and the parties hereby submit to the exclusive jurisdiction of the
English courts.
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