Coles Distribution Limited Trading as Coles Shirts
WEBSITE TERMS AND CONDITIONS OF USE
IMPORTANT LEGAL NOTICE
ATTENTION: This legal notice applies to the entire contents of this Website under the domain name and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website.
Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this Website.
This Website is for use by consumers over the age of 18 years only.
This notice is issued by Coles Distribution Limited
1. Definitions
The following words and expressions shall have the following meanings unless the context otherwise requires:
“Commercial Gain” includes, without limitation: using the Website as part of advertising which may result in revenue generation or personal gain, selling Goods to a third party and copying, reproducing, distributing, publishing, transferring, licensing, selling, commercially exploiting or duplicating any element of this Website whatsoever;
“The Company” means Coles Distribution Limited a company registered in England and Wales with registration number 05788259 whose registered office is at 3 Deepdale Lane, Sinfin, Derby DE24 3JY;
“Goods” means those products available for purchase via the Website by consumers;
“Website” www.colesshirts.com]
2. Introduction
2.1 You may access most areas of this Website without registering your details with us. Certain areas of the Website are only open to you if you register.
2.2 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
2.3 The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages of this Website.
3. Consumer information
In the event you order Goods from the Website then you need to be aware of the following information:
3.1 all Goods are supplied by the Company;
3.2 descriptions, prices and delivery costs of the Goods are available on the Website and viewing such information does not place any obligation whatsoever on you to place an order with the Company. Please see FAQ and also Shipping for information on ordering, delivery, payment and responsibilities;
3.3 payment for the Goods is made either via the Website when the order is placed [or via telephone by calling [01332 730689]] using one of the following methods of payment: [Amex, Delta, Mastercard, Visa, Maestro or Solo;]
3.4 estimated delivery times are available on the Website. Whilst the Company endeavours to have Goods dispatched within 14 days of order placement. In the event the Company does not have your Goods in stock at the time of such order, delivery may be extended up to 7 weeks. Where delivery is likely to be in excess of 7 weeks the Company will notify you of the likely period of delay;
3.5 under the Consumer Protection (Distance Selling) Regulations 2000 you have the legal right to cancel any orders for any reason by issuing the Company with a notice of cancellation in writing within 7 working days of receipt of the Goods quoting your order number. This does not apply to items personalised or made to your specification. You must take reasonable care of the Goods whilst they are in your possession and must not use them prior to returning them to the Company. Any Goods returned must be in the original packaging in the condition in which you received them;
3.6 in the event you cancel an order in accordance with clause 3.5 above then the Company shall reimburse you for the price paid for the Goods as soon as reasonably practicable and in any event no later than 30 days from the Company’s receipt of your notice of cancellation;
3.7 in the event that you choose to cancel an order in accordance with clause 3.5 above, you must return the Goods to the Company as soon as possible after issuing the notice of cancellation to the Company. The cost of returning the Goods shall be borne by you. In the event that you do not return the Goods or return the Goods at the cost of the Company, the Company may recover the direct costs of recovering the Goods from you;
3.8 you may cancel the contract in the event that the Company is in breach of any of its express or implied obligations under the contract including the provision of faulty Goods;
3.9 unless otherwise specified, the materials on this website are directed solely at those who access this Website from the United Kingdom. The Company makes no representation that any products or services referred to in the materials on this website are appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable; and
3.10 in the event that the Goods you order are not available, the Company shall not substitute goods but shall notify you that your order shall not be processed and offer you the option of either ordering alternative goods or cancelling the contract. In the event that the Company is unable to contact you then the Contract shall be deemed cancelled within 7 days following the Company’s notification to you. On cancellation of the Contract in accordance with this clause 3.10 any money already paid to the Company shall be refunded.
3.11 Unfortunately most parcels abroad undelivered turn out to be either held in customs awaiting import duty/clearance or an attempt to deliver has been made awaiting a re-arrangement for collection. In either case the parcel is delayed for upto 13 weeks (depending on location) held in a warehouse before being processed for return or is considered lost. In all cases we have to liaise with UK agents and the postal service before processing refunds. Please note that this can take approximately 2 month from notification of non receipt to verify the location of a parcel as they have to liaise with other countries.
4. Licence
4.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
4.1.1 no documents or related graphics on this Website are modified in any way;
4.1.2 no graphics on this Website are used separately from accompanying text; and
4.1.3 the Company’s copyright and trade mark notices and this permission notice appear in all copies.
4.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with clause 4.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
4.3 Subject to clause 4.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.
4.4 Any rights not expressly granted in these terms are reserved.
4.5 You must not visit or use the Website for the purposes of Commercial Gain.
5. Service access
5.1 While the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
5.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
6. Visitor material and conduct
6.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
6.2 You are prohibited from posting or transmitting to or from this Website any material:
6.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
6.2.2 for which you have not obtained all necessary licences and/or approvals; or
6.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the United Kingdom or any other country in the world; or
6.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
6.3 You may not misuse the Website (including, without limitation, by hacking).
6.4 The Website contains robot exclusion headers. Third parties may license information on the Website to the Company. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Website without the prior expressed written permission of the Company and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website. We do not authorise you to extract or re-utilise substantial parts of our Website, or to make systematic and repeated extractions or re-utilisations of insubstantial parts of our Website.
6.5 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clauses 6.2, 6.3 or [6.4].
7. Links to and from other websites
7.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
8. Information contained on the website
8.1 While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the Goods and prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material. For the avoidance of doubt this clause 8.1 does not affect your statutory rights as a consumer.
8.2 The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extended permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties and conditions and other terms (including without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
9. Liability
9.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
9.2 Nothing in this legal notice shall exclude or limit the Company’s liability for:
9.2.1 death or personal injury caused by the Company’s negligence; or
9.2.2 fraudulent misrepresentation; or
9.2.3 any liability which cannot be excluded or limited under applicable law, including without limitation all relevant consumer law.
9.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
10. Governing law and jurisdiction
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
The Website is operated by;
Coles Distribution Limited
3 Deepdale Lane
Sinfin
Derby
DE24 3JY
Registered Company No.: 05788259
VAT No.: [ GB829421815]
