Legal - Terms & Conditions
THESE TERMS AND CONDITIONS
You should print a copy of these Terms and Conditions to keep for future reference.
By placing any order with us, it is notification that you agree with these and any related terms & conditions and any other related important information, including our Delivery and Returns Policy. (to view this policy - click here)
These Terms and Conditions apply to all transactions on this website. They do not affect your statutory rights. Please read them carefully.
Please note that different terms (including, contacts, prices, delivery (charges, times) and returns policies) may apply to purchases made via this website if any 3rd party services, goods or term contracts are involved. If you choose not to buy online, your purchase will be subject to the same Terms and Conditions (available at your request) as if paying online.
We can and may change these terms and conditions at any time without notice. Any changes will take effect on the date they are posted onto our websites. You will be asked to read and accept the terms and conditions each and every time you place an order with us, to ensure that you have read the most current one.
'Ape Retail', 'Vikatec Limited', 'us', 'We', 'our team', 'and any other first person words' Vikatec Limited Trading as Ape Retail of Vikatec Limited, Eldo House, Kempson Way, Suffolk Business Park, Bury St Edmunds, Suffolk, IP32 7AR, United Kingdom.
'Item', 'items', means any gift, order, orders, product, service or digital media offered for sale or lease.
'Digital Media', means any item that is downloadable or Internet related, which includes but is not limited to, websites, software, dvds, cds, email and hosting.
'Customer', 'Client', 'you', 'your', 'and any other second person words', means the person, group or company who is placing any order via the website or offline that purchase any of the items.
'Order', means the items, goods, services you have ordered.
'The Website' means 'www.ApeRetail.co.uk'.
It is your responsibility to renew any item you own or lease that have renewal periods. We will try to contact you over a 3 month period to let you know they need renewing.
We do not accept any liability in relation to these items not being renewed and or the item being taken if you fail to renew it. The providers of some items and the 3rd parties charge a large fee once the item goes past the renewal date - these fees are with them and any payment of them has nothing to do with us what so ever. We can pay them on your behalf once you have made payment to us for the same value.
Personalised purchases are not eligible for 'change of mind' refund or exchange for any reason apart from in the very rare event of faulty goods being delivered (for which a replacement will be issued without delay). Most goods that are downloaded and or have related 3rd party set-up costs and or have contracted terms are also not eligible for 'change of mind' refund or exchange as according to 'The Consumer Protection Distance Selling Regulations'.
You have an opportunity to check and correct any of the information and or items and or their related services you have in your basket up until you click the payment option button.
After you submit an order we will give you an Order Reference Number and details of the items you have ordered. We will send details to you in an email. We will then send other emails as we process your order and 3rd party purchases are made. Please note that these emails are acknowledgements, not acceptance of your order unless clearly stated as a 'Receipt or Invoice'.
Please note that your order will be reviewed by our staff within good time and that it is not accepted by us until but not limited to, we have done so and all 3rd parties have accepted your order and or application and or contract and or payments.
At no point before you get the item is it yours and you have no legal right to use it in full or part, including by name, if you do so this is at your own risk. We recommend no use what so ever of a item until you own it.
Ordering is no guarantee or right to owning that item. We do not accept any liability in relation to items being used that you do not own, even if ordered and payment has been taken in advance.
Acceptance of your order and the creation of a legally binding contract between us will only occur after payment is received and when we send you a 'Receipt or Invoice' email, which will confirm your order and contain details of how we will deliver your items to you. Alternatively, we may decline all or part of your order for any reason, in which case an email will tell you so.
When deciding whether or not to accept your order we may use certain information about you, including any received from credit reference agency checks or other agencies. In particular, we may pass your details to them to check against certain public and private databases. They may keep a record to use in future security checks. This helps to protect us and you against fraudulent transactions.
We and or our payment service providers, will tell you if your payment details cannot be authorised for any reason and may invite you to try again or change the card payment details and or pay by another method and or use our mail order service and or suggest that you visit our office by appointment. Please note that items, prices and offers online may differ from those featured on elsewhere, but we will try to price match if applicable to us and at our discretion.
After you submit and purchase an 'Available Online' order we will give you an order number and details of your 'Available Online' order. We will send you an email with details. We may direct you to a download area or you may have to logon at a later time to this or other websites for the items to be downloaded.
PAYMENT AND PRICES:
All prices and charges on this website are in UK pounds sterling. They do include any TAX or VAT payable and exclude delivery charges. Any non UK customers will be charged VAT at the current UK rate where applicable, which you can claim back using the rules and terms of your own country.
The total cost of your order will be the price of the items you order, any additional services you choose (e.g. personalised), plus any applicable service charges and or any included charges (extra charges and or 3rd party costs and or Tax and or VAT and or any other duties or charges placed upon as) and or any delivery charges. All these will be set out clearly in your 'Shopping Basket' before you submit your order for payment via the payment service providers we use.
Prices, offers and items are subject to availability and may change before and sometimes after, we accept your order. If something becomes unavailable we may offer you an alternative or suggest that you visit one of our other websites, offices or view other related media. We always try very hard to ensure that all the information on this website is accurate and up to date. Occasionally, an error can occur. If we discover any errors in the price or description of a item you have ordered, we will tell you and ask you whether you wish to continue with your order and or change it or cancel it.
We accept online payments by Delta, MasterCard, Visa, Switch, American Express, PayPal, Bank Transfer. Payment in full or a deposit (if applicable) is deducted when we process your order. For face to face and mail, telephone orders we can also accept payment by cash or cheque. Payment is taken in full when you purchase the items unless we have agreed or specified to, a deposit and or split payment and or monthly service changes and or other payment plans that we may offer.
If your payment by cheque is returned by the bank or marked as unpaid for any reason, you will be liable for an administration charge of £25.
After 21 days of the payment due date, we reserve the right to cancel any service. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
ALL FEES ARE NON-REFUNDABLE, IN WHOLE OR IN PART, EVEN IF YOUR SERVICE IS SUSPENDED, CANCELLED OR TRANSFERRED PRIOR TO THE END OF THE 'THEN CURRENT' SERVICE TERM. We reserve the right to change fees, surcharges and renewal fees at any time, for any reason, at our sole discretion, without prior notice to you.
Due to the nature of some of the items, all digital media and personalised orders are final. No refunds can be issued once a order has been processed and or related services started.
FRAUD CHECKING PAYMENTS:
Some times we may feel that a payment needs time to be fully checked for fraud, which can take time, and in some cases weeks before we are happy that a sale/customer is paying for the goods with their own money.
We may decide to wait until such time that the payments can not be charged back before we send out the goods.
Often we will need to speak to you, and check you address.
If we are not happy to proceed with your order for any reason, we will refund you and not send out any items.
AGE RESTRICTIONS, REQUIREMENTS:
Some of the items shown on our website are alcohol and as such can only be ordered by an adult.
All of the content on our website should be child friendly and there should be no items that you would not want a child to see or read about. If you are unhappy with any content please let us know.
Some of our office based and phone staff have been CRB registered, so if your child is buying they are as safe as we can make them.
Some of our items have a general minimum age requirement. If you order any of our items with minimum age requirements, by ordering the item you are confirming that you are of the required age.
MAIN TERMS AND CONDITIONS:
1. These Conditions shall apply to all contracts between us to the exclusion of any other conditions.
2. Whilst we shall endeavour to adhere to any particulars shown or otherwise presented to or by us, we reserve the right to make any change in them which does not impair function or performance.
3. Each of your orders constitutes a separate account and shall be invoiced to you accordingly. Any default by us in relation to any order shall not entitle you to exercise a right of set off or to treat any other order as cancelled.
4. Any quotation is based upon current rates for labour and materials and we reserve the right to increase our charges to reflect any increase in such rates from the date hereof up to the date of completion of the work. Quoted prices are inclusive of VAT and any other duties or tax unless otherwise clearly stated.
5. The payment security used is industry standard for transactions requiring a high degree of security.
6. We retain legal title to the items until all payments have been made in full by the you.
7. The risk on the items shall pass to the Customer upon delivery.
8. Any date, time or period advised for delivery shall be considered as indicative only. If any item is not in stock we will try to deliver within 15 working days, but 28 working days should be allowed, and in the event that we cannot despatch any item to you, we will notify you and at your request we will cancel the order and refund your money in full.
9. We shall replace any defective or damaged products and re-execute any faulty work with all due despatch provided that the said product is manufactured by us and such defect damage or fault is reported to us in writing within 7 days of delivery or execution or at our option we shall refund the contract price. All products not manufactured by us must be returned to the manufactured as per their Manufactures Warranty.
10. You shall inspect the delivered items within a reasonable time after their receipt, which is currently set at 7 days.
11. Please check your items on delivery. If the items do arrive damaged or faulty please let us know within 7 days and arrange to post them back to us via recorded delivery. We may reimburse you these return postage costs. If you do not inform us of the damage or fault within 7 days, then we will have no liability for items said to be damaged or faulty on delivery.
12. We offer a standard 7 Day refund policy (see item Rush Delivery Returns Policy). If any item is not what you required, after checking the returns policy, just notify us, stating reason for return, within 7 days of receipt. We will then issue you with either a refund or allow you to exchange the item for something else instead. When refunding you, postage, and any other related costs on the original order are not refunded.
13. You have the right to cancel your order within 7 working days which starts from the day you receive the items. You will have to pay the cost of returning any items. We will refund you your money within 28 days of cancellation.
14. Please send items back via recorded delivery for your own proof of delivery. This postage cost is not reimbursed.
15. If you fail to comply with Conditions 9, 10, 11, 12, 13 and 14 above, you shall on demand compensate us for any payments, losses, costs or expenses thereby suffered or incurred by us and indemnify us against any actions, proceedings, liabilities, claims, damages, costs and expenses brought against us by you, any employee, agent or other third party.
16. No refunds or exchanges are available on personalised items, available for download, digital media, (earrings or body jewellery for hygienic reasons), rings ordered to a specific size or any item to made order or different in any way from the standard item on sale.
17. We reserve the right to refuse any order or part of order or to require further or better information to enable it to evaluate or process the order, this can include but is not limited to a valid email address and phone number.
18. We accept no liability for any failure to ship items where there is an inability to do so or any decision on reasonable grounds not to do so, provided we take all reasonable steps to notify the you within 14 days of order placement that items will not be shipped as ordered. In such cases we will immediately refund any payments made in full, less any 3rd party, set-up or related costs.
19. Subject to any other express provision of these Conditions and save for death or personal injury arising from our direct negligence ( which does not including delivery or any 3rd party items), we shall not incur any further or consequential liability whether in contract, tort, or under the Consumer Protection Act 1987 and whether under statute or common law.
20. We accept no liability what so ever arising from or directly form any form of deliverer or any 3rd party we use, we shall not incur any further or consequential liability whether in contract, tort, or under the Consumer Protection Act 1987 and whether under statute or common law.
21. We shall endeavour to meet any deadlines agreed between us but in the event of any delay howsoever caused this order may not be cancelled and we shall not be liable for any loss or damage thereby arising to you.
22. Where we supply items or products that we have not produced or have been imported into the UK we do accept any liability for death, personal injury or damage to personal property or any loss resulting from defective or damaged items, normal usage or incorrect use, any such liability must be obtained from the maker of the said items. By using our service you agree to this term and agree to pass all liability away from the Vikatec Group and agree that you will not under any circumstances break this term.
23. Neither legal title to nor beneficial ownership of our items shall pass to you by delivery until they have been paid for in full and other outstanding sums due from you to us have also been paid. Notwithstanding this reservation of title, we reserve the right to maintain an action for the price of our vs. Until title has passed you shall, shall store and keep our items separate and readily identifiable and available for collection. You shall not resell the items while we are the legal owner.
24. All warranties are at the item makers discretion and we accept no liability what so ever for any reason to do with any part of a said warranty.
25. At the time you place any order with us you have to agree and accept all these terms and conditions and any related terms and conditions without exception.
The contents of our website are the copyright of us and other copyright owners and we and they are protected by copyright law. Any brand names, product names and service names used on our site are registered trade marks or trade names of their respective holders. You may read, copy and download any of the material contained on our website solely for non-commercial personal use. You shall respect all license agreements delivered by the copyright owners. We cannot be held responsible for any misuse constructed by you or any third party.
By using this website you agree not to intentionally misuse it. Our websites may contain hyperlinks to other websites completely unrelated to us and we are not responsible for the content or practices of such websites. Service on our website may be interrupted occasionally and errors may occur. Use of our website is governed by English law and you submit to the exclusive jurisdiction of the courts in England.
General and Law:
These terms and conditions and all transactions relating to this website are governed by English law and are subject to the non-exclusive jurisdiction of the English courts. We do not accept amendments to these terms and conditions other than made by us. These terms and conditions are governed and shall be interpreted in accordance with the laws of England and Wales.
Other and or additional terms and conditions may apply to items and or services and or other aspects of our business and or within our group of companies which may include but is not limited to, offers, competitions, extra services, pre-release digital media and Beta orders. You will be alerted to them at the relevant juncture and like these terms you will be asked to read and accept them before you can proceed and make your purchase.
These terms and conditions only cover our controlled websites which contain them. We accept no responsibility or liability for the content or operation of websites which are not under our control.
Most items we sell and or send you have their own packing with usage instructions, once received, we recommend you read these details as well.