Updated 01 September 2012
This page sets out the terms and conditions for using Athenbys online Knitting Store. You can only use this website and purchase knitting goods from Athenbys if you agree to be bound by the conditions set out below.
If you have any questions about these terms and conditions please contact us prior to placing an order.
This website is owned and operated by Excelsior Data Design Limited (referred to as "Athenbys/we/our/us"). Excelsior Data Design Limited is a limited company (trading as Athenbys) registered in England and Wales under company number: 02966581. Our registered office is: 1 The Elms, Tushingham, Whitchurch, Shropshire, SY13 4QS.
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.
1.3 Access to our Website is temporary and is not guaranteed. The Website may, at times, become unavailable due to system failures, maintenance or updating.
1.4 Certain parts of our Website can only be accessed by registered users.
1.5 Users who register on our Website must choose a username and password. You are responsible for all interactions with our Website that are undertaken with your username and password.
1.6 By registering on this Website you are indicating that you are 18 or more years old. If you are under 18 you may only use the Website with a parent or guardian’s permission and supervision.
1.7 By registering on this Website you are agreeing to maintain and keep up to date personal contact information that maybe used in the process of completing an order.
2. Overseas Orders
2.1 This website is intended for use by customers living in the United Kingdom. We will, at our discretion, accept orders from overseas customers subject to you accepting any additional postage charges
2.2 Goods shipped overseas maybe subject import duties and/or additional taxes charged to comply with foreign regulations or laws. You will be responsible for paying all such charges. Athenbys has no control over such charges and are unable to predict what additional expenses maybe incurred when shipping to a particular destination.
2.3 Goods shipped internationally maybe subject to inspection by custom authorities and as such maybe opened. You must comply with all laws and regulations of the country for which the Goods are destined. Athenbys are not liable for any breach of any such laws.
3.1 We take payment from your card at the time we receive your order. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. You will have the option to wait until the item is available or cancel your order.
3.2 To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
3.3 You agree to undertake that all details you supply for the purpose of purchasing goods from Athenbys are correct and that the payment card you are using is your own.
3.4 The price you pay is the price displayed on this website at the time we receive your order apart from the following exception:
a) While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
3.5 Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
3.6 All prices are shown in £s sterling and include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise (see Home delivery information for further details).
3.7 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of our order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.
3.8 Any order placed by you constitutes an offer to purchase the Goods from us. All such offers received from you are subject to acceptance by Athenbys. We reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
4.1 The Goods will be delivered to you at the delivery address you provided during the order process.
4.2 We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. Athenbys shall be under no liability for any delay or failure to deliver the products within estimated timescales.
4.3 If no delivery dates are stated then delivery should take place within 30 days of the confirmation notice unless there are exceptional circumstances
4.4 Goods maybe sent in installments by different carriers.
4.5 Every care is taken when packaging goods and selecting carriers. However, you should examine the Goods upon receipt. Should a signature be required upon delivery you should examine the Goods before signing for them.
4.5 Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us or our nominated courier service.
5. Intellectual Property
5.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
5.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
5.3 Goods sold by Athenbys and content of this Website may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.
6. Returns, Refunds and Cancellations
6.1 Please see Important customer information
7. Liability and Indemnity
7.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
7.2 Subject to Section 7.1 above, Athenbys will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. Athenbys will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Athenbys accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
7.3 Subject to Section 7.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 6 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
7.4 Subject to Section 7.1 above, Athenbys will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
- economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
- loss of goodwill or reputation;
- special or indirect losses
- suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
7.5 Notwithstanding the above, subject to Section 7.1 Athenbys’ aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
7.6 This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
8. Miscellaneous Provisions
8.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
8.2 Athenbys shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
8.3 Athenbys reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
8.4 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999).
8.5 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and Athenbys relating to the use of this website (including the order of products), and sets forth the entire agreement and understanding between you and Athenbys for your use of this website.