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TERMS OF SALE

Please read these terms of sale carefully. You will be asked to expressly agree to these terms of sale before you place an order for products.

(1) Interpretation

In these terms of sale, "we" means Strange Avenue (and "us" and "our" will be construed accordingly); and "you" means our customer or potential customer for products (and "your" will be construed accordingly).

(2) Order process

The advertising of products on our website constitutes an "invitation to treat"; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

In order to enter into a contract to purchase products from us, you will need to take the following steps:

(a) you must add any the products you wish to purchase to your shopping cart, and then proceed to the checkout;

(b) you must then enter your delivery details, and confirm your consent to these terms of sale;

(c) next, you will be given the opportunity to review your order for input errors, and correct any errors using the website interface; and

(d) to complete your order, you must make payment by submitting your credit or debit card details.

After you have submitted your credit or debit card details, you will be taken to a confirmation page, which you should print and retain for your records. We will also send you an initial acknowledgment. Once we have checked whether we are able to meet your order, we will either: (i) send you an order confirmation (at which point your order will become a binding contract); or (ii) we will confirm by email that we will not meet your order.

We reserve the right to refuse to accept any order. Examples of the reasons that an order may be refused include: (i) the product ordered is out of stock and discontinued; (ii) the Address Verification Service (AVS) and/or CV2 code you provide when paying does not match; (iii) the nature of the order has given rise to a suspicion of fraud or potential fraud; or (iv) the delivery address given makes it unusually difficult or expensive to arrange delivery. Where we refuse to accept an order, we will promptly to you any amounts paid in respect of the order in accordance with Section 9.

If we inform you that we cannot meet an order as an item is out of stock, we may give you the choice to wait for the item to be in stock, or to cancel the order and receive a refund. In these circumstances, we will provide to you an estimate of when the item will be back in stock - but we cannot guarantee the accuracy of any such estimate.

We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

The only language in which we provide these terms of sale is English.

(3) Price and payment

Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated when you pay for the product.

In addition to the price of the products, you will have to pay a delivery charge, which will be calculated by the website (taking into account the package size and delivery address) and stated when you pay for the product.

Payment must be made upon the submission of your order. We will withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.

The prices on the website excludes all value added taxes (where applicable).

Payment for all products must be made by credit or debit card (the cards accepted are stated on our website in the FAQ section).

Prices for products are liable to change at any time, but changes will not affect contracts which have come into force in accordance with Section 2.

(4) Chargebacks

If you dispute any payment made to us you must contact us immediately and provide full details of your claim.

If you submit an unjustified credit or debit card charge-back then you will be liable to pay us within 7 days following the date of the charge-back:

(a) an amount equal to the amount of the charge-back; and

(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer); and

(c) an administration fee of £30; and

(d) all our reasonable costs, losses and expenses incurred in recovering the amounts detailed above (including without limitation legal fees and debt collection costs).

Without prejudice to our other rights, if you submit an unjustified credit or debit card charge-back then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.

For the avoidance of doubt and without limitation, if you fail to recognise or remember the source of an entry on your credit or debit card statement, and make a charge-back as a result, this will constitute an unjustified charge-back.

(5) Your warranties

You warrant to us that:

(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;

(b) the information provided in your order is accurate and complete;

(c) you will be able to accept delivery of the products;

(d) you are at least 18 years of age;

(e) the sale of the products purchased by you under these terms of sale to you is now illegal or unlawful under the law of your jurisdiction.

(6) Delivery policy

We will arrange for the products to be delivered to the address for delivery indicated in your order.

We will use reasonable endeavours to deliver products to any UK delivery address by:

(a) any delivery date specified by us in your order confirmation or otherwise; or

(b) if no such delivery date is specified, within 2 working days of the date of our order confirmation.

However, we cannot guarantee delivery by this date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the date of our order confirmation.

We will not delivery products the USA, Canada or any country in Africa. We may from time to time determine that we will not deliver to other countries.

(7) "Cooling off" period

If you are a consumer in the EU, you may cancel a contract to purchase a product or products at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out below).

You will not have any such right insofar as a contract relates to: (i) the supply of any products which constitute audio or video recordings or computer software which have been unsealed by you; (ii) the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control; (iii) the supply of newspapers, periodicals or magazines; (iv) the supply of goods made to your specifications or clearly personalised; or (v) the supply of goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.

If you cancel a contract on this basis, you must inform us in writing and return the products to us immediately, in the same condition in which you received them (including with all seals unbroken and all packaging intact). Products returned by you within the 7 working day period referred to above will be refunded in full (including the cost of sending the products to you). However, you will be responsible for paying the cost of returning the product to us.

If you cancel a contract on this basis and you do not return to the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.

(8) Statutory rights

Nothing in these terms of sale affects your mandatory statutory rights under applicable law.

(9) Refunds

If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase.

We will usually process any refund due to you within two working days of the cancellation of the contract or receipt of your valid notice of cancellation. In any event, we will always process such a refund within 30 days of the day of cancellation of the contract or receipt of your valid notice of cancellation.

(10) Limitations of liability

Nothing in these terms of sale will limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude, liability.

Subject to this, the products we sell are intended for personal use only and we will not be liable for any business losses (including without limitation loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time) relating to the products.

(11) General terms

Images of products on our website are for illustrative purposes; actual products may differ from such images.

We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use.

Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.

You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time - providing, where you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms of sale.

Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

Subject to the first paragraph of Section 10: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.

These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.

(12) Our details

You can contact us by email to sales@strangeavenue.com


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