Terms and Conditions
Terms and Conditions
Last Revision: 28 – 02 - 2018
1.0 INTRODUCTION
Welcome to theicebreaker.co.uk. Anywhere the word “Icebreaker Bands Ltd”, “theicebreaker.co.uk”, “We”, “Website”, “Site”, “Us” or “our” is used in this document, it will be referring to the company and the products and services provided through it. Please read this terms and conditions carefully. By using our Website or purchasing goods from it, you agree to be bound by all of the terms and conditions of this agreement. If you do not agree to any part or all of this Terms and Conditions, please do not continue to use this site.
1.1 ABOUT THE COMPANY
This Site is operated by Icebreaker Bands Ltd and the goods you purchase will be supplied by us. We are registered in the UK under the company number 09405687.
Registered office: 10 Belmont Terrace, Thorpe on the Hill, Wakefield, West Yorkshire WF3 3DE.
Main trading address: 10 Belmont Terrace, Thorpe on the Hill, Wakefield, West Yorkshire WF3 3DE
Contact us
E-mail: info@theicebreaker.co.uk
Or
Tel: +447945 146974 (charged at your service provider’s basic rate)
2.0 Privacy Policy
We treat all customers’ information in accordance with our Privacy Policy. Please review our {Privacy Policy} for more details.
3.0 Product Image, Description and Satisfaction Policy
3.1 Product Image
Icebreaker Bands Ltd has made every reasonable effort to display as accurately as possible the colours of the products that appear on the Site. However, the actual colours you see will depend on a number of factors, including the monitor that you use and the settings of the monitor.
3.2 Product Description and Specification
The description and specification of the products on our Website is only approximate and we reserve the right to make any changes which do not materially affect the quality or performance of those products. Icebreaker Bands Ltd may correct any error appearing in the Site or withdraw any product from sale without incurring liability.
3.3 Satisfaction Policy
Icebreaker Bands Ltd does not guarantee that the colour of any displayed image will be accurate. If for any reason you are not satisfied with any products you purchase on the Site you can return them to the Main Trading address as provided, and any refunds or credits due shall be provided in accordance with our Return Policy.
4.0 Orders and Specifications
4.1 ORDERING
a) Any order you submit to Icebreaker Bands Ltd constitutes an offer to purchase products advertised for sale on this Site.
b) To place an order for an Icebreaker Band/Token you must be at least 18 years of age. You must confirm this on the order page in order to submit your order.
c) By purchasing a token from Icebreaker Bands Ltd, you represent and warrant that you are single, or if legally married/in a Civil Partnership that you are separated. This condition is only applicable if you are seeking to form a relationship from the wearing of the token. This does not apply to the use and wearing of the seeking
friendship token If you do not meet this criterion you may not purchase from our Site. You will be requested to confirm this on the order page in order when submitting your order.
d) Icebreaker Bands Ltd is only deemed to have accepted your order once the product you ordered have been shipped.
e) Where we accept your order, we have a legal duty to supply products that are in conformity with these Terms and Conditions. We therefore require that you review and consent to our Terms and Conditions before placing your order.
4.2 Confirmation of order
Once you click on the item you wish to purchase, you will need to follow the on-screen prompts. Here you have an opportunity to check and correct any input errors in your order up until the point at which you place your order by clicking the "Buy Now" button on the checkout page. You should print or save this page for your records.
You will receive an email notification containing the details of your order within 2 to 4 hours from the time you place your order. If you do not receive this email from us, kindly contact our customer care line +447495146974 as this may mean your order has not been placed, hence will not be processed for delivery. With this e-mail the contract will be concluded.
4.3 Order processing and Invoice
4.3.1 Order processing
Before your order can be processed, Icebreaker Bands Ltd will request some personal information from you during checkout. These may include name, shipping address, telephone number and financial information including credit card number and expiration date. This information is for billing purposes only and to fulfil your orders. If we have trouble processing your order, we will use this information to contact you.
4.3.2 Order Issues
Even though we strive to accept all valid orders, Icebreaker Bands Ltd reserves the right to reject any order you place with us for any reason, including if we:
a) discover an error in pricing;
b) discover an error in other information about the product;
c) receive insufficient or erroneous billing or payment information;
d) Suspect an order has been placed using stolen payment card information or otherwise appears to be connected to fraud; or if
e) The ordered item(s) or service is unavailable due to discontinuance or otherwise; or
f) Connected with a previous payment dispute.
4.5 Order Cancellation, Refund and Return policy
4.5.1 Order Cancellation policy
a) You have the right to cancel your order without having to give a reason at any time before your goods are dispatched for delivery or within 14 days after delivery. The 14-day period begins on the day after you, or the person you have nominated, receive the goods.
b) Where your order comprises multiple delivery shipments, the 14 day cancellation period for the goods in your order begins on the day after you, or the person you have nominated, receive the delivery of the last shipment.
c) All orders are subject to availability and on a first-come first-served basis. Icebreaker Bands Ltd reserves the right to cancel the contract between us if;
(i) Any product is discontinued or otherwise becomes unavailable;
(ii) We do not deliver to your area;
(iii) One or more of the products you ordered was listed at an incorrect price.
If we do cancel your contract, we will notify you by e-mail and provide you a full refund for the amount paid for the product as soon as possible.
d) You can notify us of your decision to cancel through;
(i) Email - info@theicebreaker.co.uk; or
(ii) Phone - +447945 146974.
e) Apart from the contact details above, you may wish to use the {cancellation form} to cancel your order, but you are not obliged to.
f) If you are cancelling because of any problem with the products, please notify us of the problem at the time of cancellation. If you are dissatisfied with any of our goods or services please contact us for resolution before leaving any feedback on our or any other forum.
4.5.2 Returns
a) All returns must be sent directly back to Icebreaker Bands Ltd at your own cost (unless we delivered the item to you in error or the item is damaged or defective) without unnecessary delay and in any event within 14 days after the day of the cancellation.
b) The return cost(s) as well as resending the product is non-refundable;
c) While sending the product, ensure that it is wrapped securely. And for your protection, we suggest you consider using a trackable company.
d) Icebreaker Bands Ltd cannot assure you that we will get the returned items, and cannot accept any liability for goods loss in transit.
e) If you have any inquiries or require assistance resolving a query, please contact our support team at info@theicebreaker.co.uk
4.5.3 Refund Policy
Icebreaker Bands Ltd does not issue refunds once the order has been successfully dispatched. However, there may be exceptional cases where a refund may be appropriate. These may include if:
a) Products are damaged, defective or not in its original condition for reasons due to manufacturer’s error;
b) Products are not delivered within 30 days from the date of purchase. Please read Section 6.2 c & d.
c) You are not satisfied with a product, for instance, if it is not what you ordered or we have delivered an incorrect quantity. You can request for a refund by emailing Icebreaker Bands Ltd at info@theicebreaker.co.uk.
d) We will provide a full refund for any product that is not what you ordered, damaged, defective or not in its original condition for reasons due to manufacturer’s error provided it is within a reasonable time following the sale; or at your option to repair or replace the goods at our cost (plus the postage cost). If this is not possible, we will offer full refund for the goods in question.
e) We may withhold any refund until we have received the goods or you have supplied proof of return for the goods.
f) The refund may not apply if the items returned show signs of unreasonable use or not in its original condition.
Icebreaker Bands Ltd will notify you of your refund through e-mail within a reasonable time period.
4.5.4 Refund payments
Icebreaker Bands Ltd will process all returns within 14 business days of receiving the item. Upon receipt and if your refund is approved;
a) We will refund you the price paid for the cancelled order (or part of the order cancelled), deducting any collection or return charges (if any)
b) We will also refund any standard delivery charges paid.
c) It will take about 14 days after the day:
(i) you notified us to cancel your order, where you have not received the goods (and the goods have not been dispatched to you);
(ii) We receive the goods you returned to us ;
or
(iii) you provide us with a proof of return for the goods, where you have returned the goods but we have not yet received them
d) We will refund you using the same means of payment as you used to pay for your order.
4.5.5 Late or Missing Refund (If Applicable)
If after 30 days you are yet to receive a refund to your Debit/Credit card/ PayPal account you should;
a) Contact your card issuer, though it may take a while before the refund is formally uploaded.
b) Contact your financial institution. There is usually some processing time before a refund is posted.
c) If after these actions you are yet to receive the refund, please contact us at info@theicebreaker.co.uk.
5. Pricing, Fees, and Payment Terms
5.1 Pricing
The price of the product(s) will be the price quoted on the Site at the time we accept your order, and are exclusive of delivery charges.
5.1.1 Change in pricing
a) Although every care is taken in the quality of content on this Site, there may occasionally be an error and products may be priced wrongly in which we are under no obligation to supply goods at the incorrect price. We reserve the right at any time without prior notice, to amend any pricing errors displayed due to human error, computer malfunction or other reasons.
b) If there is need for a price change for a placed order, we will:
(i) Cancel your order and refund the price you have paid;
or
(ii) Contact you to ask if you wish to continue the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid.
However, where the correct price of the goods is less than our stated price, we may (at our discretion) continue with your order and charge the lower amount on dispatch.
c) You may choose not to purchase any good/s where the price has been corrected.
5.2 Fees
Unless stated otherwise, all prices include VAT (where applicable) but exclude delivery costs. Delivery costs will be notified to you on submission of your order and will be confirmed to you by e-mail.
5.3 Payment
a) Unless agreed otherwise in writing, Icebreaker Bands Ltd receives payment in advance before your order can be processed and the product dispatched.
b) Icebreaker Bands Ltd accepts payments through PayPal, Credit/Debit card.
c) By providing us with your payment information, you agreed that Icebreaker Bands Ltd is authorized to:
(i) Immediately invoice your account for all fees and charges due and payable to Icebreaker Bands Ltd;
(ii) Share any payment information and instructions required to complete the payment transactions with our third-party payment service providers (e.g. credit card transaction processing, merchant settlement, and related services).
d) If payment cannot be charged to your payment card or your payment is returned for any reason, we reserve the right to either suspend or terminate your access to the unpaid-for services. You also agree to immediately notify Icebreaker Bands Ltd of any change in your payment information.
6.0 Availability and Delivery
6.1 Availability
Information displayed on our Site relating to availability is subject to change by us without notice. We cannot guarantee permanent or continuous availability of all products on this site. All orders are subject to availability at all times.
6.2 Delivery
a. We deliver within the United Kingdom only
b. Items ordered by you will be delivered;
(i) To the address you give us for delivery at the time you place your order on this Site;
(ii) According to the information on the product pages after your order is accepted; and
(iii) We will use reasonable endeavours to deliver the goods on any specified date we agree, or if no date is specified, within 30 days after your order have been accepted.
c. We are not responsible for any delay in delivery caused by your unavailability to take delivery of the products. It is your responsibility to contact the post office or courier company as applicable to arrange the collection or delivery of products that could not be delivered due to your unavailability.
d. In the event that a delivery does not occur, we will agree on another delivery date.
7.0 Title and Risk
a) You will become the right owner of the product you ordered once they have been delivered to you and Icebreaker Bands Ltd have received clear funds in full payment for the products.
b) Once goods have been delivered to you or a person nominated by you they will be held at your own risk and you will be responsible for them.
8.0 Limitation of liability
In no event shall Icebreaker Bands Ltd its employees, agents, merchants, partners, third-parties, or any of their officers, directors, employees, or agents be liable for any direct, indirect, punitive, incidental, loss, expense, consequential damages, negligence, negligent omission or fraudulent misrepresentation or any other liability that may not be limited or excluded under English law, which causes personal injury or death or any damages whatsoever including, without limitation, damages for loss of business, profits, contracts or goodwill, business interruption, arising from or in any way connected with the use of the product or the Site, the provision of or failure to provide products, or for any information, products, and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if Icebreaker Bands Ltd or any of its suppliers have been advised of the possibility of damages.
We do not limit or exclude our liability:
(i) For breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by us;
or
(ii) Relative to any other liability, including any liabilities under sale of goods or supply of services legislation that may not be applicable law be excluded or limited.
9.0 OBLIGATIONS - MEMBERSHIP OF THE COMMUNITY
The purpose of the Icebreaker Band is to display a token which identifies the wearer as a member of a like-minded community.
Icebreaker Bands Ltd:
a) does not have a legal obligation to:
(i) inquire into the background of our members (including conducting criminal background checks);
(ii) Verify the actual identity or intentions of all purchasers of the token/Icebreaker Bands;
(iii) Monitor the activity of our members either online or offline;
(iv) Verify the accuracy of statements made by members;
(v) Get involved in disputes between you and any other token purchaser and/or wearer
b) Does not facilitate the arrangement of “actual introductions” regardless of the Member’s individual intentions in this respect at the time of purchasing and/or wearing the token.
c) Does not represent an agency or negotiation facility for the forming of relationships and we are not responsible for the management of the ‘Community’ or the behaviour of our members
d) Has no further liability to any members after the provision of the Icebreaker Band/token
e) Our sole purpose is to provide Icebreaker Bands/tokens and invite purchasers to become a member of the Icebreaker community. Any consequence as a result of buying and using the Icebreaker Band/token is the responsibility of the wearer. The purchaser or wearer is solely responsible for all their interactions, communications or meetings with other members/wearers.
We recommend that each wearer, (at his or her own discretion) authenticate other members and are thereby empowered to make decisions about face-to-face overtures.
10.0 Disclaimer
It is important to exercise awareness when choosing to interact with another member.
Icebreaker Bands Ltd hereby disclaims:
a) All liability in relationship to putting on or wearing the token
b) All liability in relationship to any consequential meetings while wearing the token between Members and/or non-Members who identify, and respond to this token.
c) All liability for acts of any kind committed by the wearers of the token and/or non members who identify, and respond to this token
NB Members are recommended to take all reasonable precautions for their safety and security during all physical meetings which could include notifying an emergency contact and arranging for any meeting to be held in a public place. For your security, you should also not divulge any personal or financial information to strangers.
11.0 EVENTS BEYOND OUR CONTROL
In the case of unforeseen circumstances beyond our reasonable control including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports) we will have no liability to you for any delay or failure in delivering products you have purchased wholly or partly.
12.0 Third Party Site
Icebreaker Bands Ltd may contain links to third party websites or online contents that are not under our control. These links are only provided for convenience, and we do not undertake any responsibility for such. The inclusion of a link to another website or service is not an endorsement of such third parties. Your use of this third party website or service linked to by Icebreaker Bands Ltd is at your own risk.
13. Copyright, license, Limitation of use
13.1 Copyright
Unless otherwise stated, all contents included on this Site, such as text, graphics, logos, button icons, images, manuals, audios and videos are properties of Icebreaker Bands Ltd and is protected by copyright trademark and other laws that protect intellectual property and proprietary rights.
13.2 License
Icebreaker Bands Ltd is certified by Trusted Shops and has committed itself to the Trusted Shops Code of Conduct which can be viewed at www.trustedshops.co.uk.
13.3 Limitation of use
This Website or any of its portions may not be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose except where necessary for viewing this Website on your Internet browser, or specifically authorized by law or in writing by Icebreaker Bands Ltd.
You are granted a non-transferable, non-exclusive limited license to Icebreaker Bands Ltd, and to use our Website strictly in accordance with these terms. Nothing contained in the Site shall be interpreted as conferring by implication or otherwise, any license, other than the above-mentioned, or right to any copyright, trademark, patent or other proprietary interest of the Site or any third party.
14.0 Intellectual Property
All the trademarks appearing on this Website including logos, graphics, photographs, animations, videos and texts contained on the Site and within the Services offered are the property of the Icebreaker Bands Ltd as well as the property of their respective owners. The use of any of Icebreaker Bands Ltd trademarks is strictly prohibited unless we give a prior written consent.
We respect the intellectual property of others. If you believe that your work has been copied on our Site in a way that constitutes copyright infringement, please contact us at info@theicebreaker.co.uk.
15.0 GENERAL
a) If any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of any other part of these Terms and Conditions and the remainder of the provision in question will not be affected.
b) No person other than you and us shall have any rights to enforce our agreement, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
c) If we fail to insist that you perform any of your obligations under our agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
d) You may not assign or transfer your rights or obligations under our agreement, unless we agree in writing.
e) Online dispute resolution according to Art. 14 (1) Regulation on consumer ODR: The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed under http://ec.europa.eu/consumers/odr/.
16.0 Law and Jurisdiction
These terms and conditions and your use of our Website is governed by and construed in accordance with the English law. Any dispute for the purchase of goods arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English court. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident in Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident in Scotland you may also bring proceedings in Scotland.
17.0 Changes to the Terms and Conditions
Icebreaker Bands Ltd reserves the right in its sole discretion to edit or modify these terms and condition at any time. Changes made are effective as soon as they are posted and any changes we make are binding on you. Therefore, it is suggested you regularly check this page for any recent updates