TERMS & CONDITIONS
USE OF THE SITE & PROHIBITIONS
The Site allows you to shop online. However, you are prohibited to do the following acts, to with: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) collecting information about users' personal information; manoeuvring the price of any item or interfere with other users' accounts; (d) post false, inaccurate, misleading, defamatory, or libellous content; (e) take any action that may damage the rating system. For you to complete the sign-up process on our site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature.
We are committed to providing a safe working environment for our employees and staff. It is policy not to tolerate any incidents of harassment of staff or any individuals, including the posting of material on the website or social media, which ColThat.com deems is offensive, abusive, profane or hateful or which is threatening, or likely to cause annoyance, inconvenience or needless anxiety. By using this website you agree to comply with the spirit and letter of this policy.
We will determine, at our discretion, whether there has been a breach of this policy, and in the event of a breach will take such action as deemed appropriate which may include:
- immediate, temporary or permanent removal of any posting or material uploaded.
- immediate, temporary or permanent withdrawal of any right to use the site
- Issue of a warning
- legal proceedings for reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs) resulting from the breach
- Further legal action as deemed necessary
- Reporting the breach to controllers of other social media sites
- Disclosure of such information to Law Enforcement authorities as we reasonably feel is necessary
ColThat.com exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in the policy are not limited, and we may take other action reasonably deemed appropriate.
PLACING AN ORDER
Orders are placed on the system as request reservations with card payment details held by Braintree Payments, or, if selected, payment details processed by Paypal.
Order acknowledgements are emailed to Customers. The order acknowledgement is not a guarantee to supply, not a contract, and it is not an invoice. Customers should always check their acknowledgement to ensure that their requests have been entered correctly.
You must be 18 years or over to make web, email and/or catalogue purchases. We reserve the right to accept or reject any order for any reason at our absolute discretion.
No Sales Contract is formed until dispatch of goods.
Each contract so formed is specific to the items shipped. Other open “requests to supply” orders will generate separate, individual, and unconnected contracts on the date each is dispatched.
Orders are placed under the impression that they are non-urgent or required for a specific date. All orders are considered not of the essence.
PRE-ORDERS & RESERVED STOCK
Many items offered through the websites and in print media are “Pre-Order”, "Reserve Order" or “Back Order”.
Pre-order products are those in design, the early stages of manufacture, printing or reprinting and transit that have never been for sale to the general public. Where possible we shall indicate anticipated release, or arrival dates, (which are always subject to change without notice). Manufacture and shipping is inherently flexible and subject to change, not date given on our website should be considered a promise of delivery date. There is no guarantee that any anticipated release, arrival, or re-supply date(s) will be adhered to.
Therefore it is mandatory for the Customer to accept that any particular window of delivery dates is subject to slippage or change without notice. We shall endeavour to advise all Customers of revised availability dates, but the dissemination of information is, as always, governed by Supplier information. Additionally, such items may also have limited production runs or be restricted in other ways.
Note that all images used on the site are representational. Please do not assume that the image shown will be an exact likeness of the final product.
Back Order or Reserved products are items which have been in stock, have sold out, and are on re-order from the Supplier or Publisher. Back Orders are placed in good faith by ColThat.com and, in the main, are re-supplied to us within acceptable time frames. However, outside circumstances can intervene and delays are possible.
We shall always do our best to keep Customers appraised of any delay by means of updating the information regarding your order on your account. To view the latest information about your order and possible delays you should login to your ColThat.com account and view the order in question. Where available a product estimated arrival date will be shown.
When products do arrive they are normally shipped in the same sequence as orders are placed on the system, barring product limitations or other restrictions such as customer qualifiers, variations, or product quality which may create shipping barriers. Customers who demand criteria such as "ensure mint" "Triple package" etc are regarded as informal requests. While we do our best to meet our customers needs these are not binding or mandatory and may not be fulfilled.
As all orders are placed on the system as a “request to supply”, you can reserve your items safely in the knowledge that we do not charge your card, until we have goods ready to ship.
ColThat.com only charge cards for the actual item(s) being shipped plus postage (if applicable).
ColThat! Reward Points are only earned and can only be spent online via ColThat.com. Order qualifying for points will have points credited on dispatch. Points cannot be earned on orders where points have been redeemed in the same transaction.
Card Security when ordering through the website
When ordering, your card details are secure. ColThat.com does not keep your card data. We use the services of payment service provider (PSP) Braintree Payments. PSP’s are Payment Card Industry compliant security organisations that offer fully secure facilities for the holding of Customer confidential data. At final check out on the ColThat.com website, when you are requested to confirm your order request, you are seamlessly transferred to Braintree Payments where card details are processed and stored for future use.
Braintree Payments will pre-authorise the card for the full amount of your order (to prove that it is genuine) then send us a secure, randomly generated access code known as a token. After the pre-auth, Braintree Payments return you to the ColThat.com website, where you can continue shopping or log out.
Billing Agreement & Stored Card information
When completing an order you are adding your payment details as a billing agreement which allows us to use your token code to recharge your payment method via Braintree in the future. This is a necessary process for use to be able to fulfil your orders and request balances due for orders and subscriptions. ColThat.com do not store your payment details on our systems only the token generated by our payment provider Braintree. This billing agreement will also allow you to quickly checkout in the future by using this same token during checkout, meaning you do not need to re-enter your payment information. You can remove a payment method at any time by visiting your account dashboard and saved payments. Removing payment information does not however cancel any existing orders due for payment.
Card Payment Process
When goods arrive and are ready for shipment, ColThat.com use the Braintree Payments token to apply for release of funds, and then, only for the goods about to be dispatched and postage if applicable
If your Card order is for several items shipped in different parcels over time , the contents of each parcel will be charged separately when ready to ship. The only deviation from this process is postage which is charged in full relevant to the whole order request as a single item with the first parcel only.
Should any initial request for funds be declined, the Customer will receive a notification email that payment has been unable to be processed and the the unpaid order will be cancelled.
You can respond to this email within 48 hours of email notification to request request that funds be made available, or alternate payment be advised, such as securely bank transfer or online payment. If stock is still available for goods we will accept this and place a 48 hour hold on these goods.
If payment is not received within the 48 hour grace period, or if the payment declines again, the items requested will be returned to stock, and the unpaid order cancelled.
Paypal Payment Process
PayPal advertises itself as the safer, easier way to pay and get paid online. The service allows anyone to securely pay in any way they prefer, including through credit cards, bank accounts, buyer credit or account balances, without sharing financial information.
Customers should note that when paying by PayPal the money will be debited from your account by Paypal the same as Card payment processing.
RETURNS & REFUND POLICY
We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the goods are faulty, we will meet our obligations under the applicable laws. You can and should read our separate guidelines on returns found HERE
RISK OF LOSS
All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT PRICING & DESCRIPTIONS
The List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. In cases of mispriced in our catalogue in which the item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered on our website is not as described, your sole remedy is to return it as described in our Returns & Replacements Policy.
EDITING, DELETING AND MODIFICATION
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISIT AND SHOPPING IN OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
ACKNOWLEDGEMENT OF RIGHTS
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
FRAUDULENT ACTIVITIES are highly monitored on our site and if fraud is detected ColThat shall resort all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed £1,000 or the total price of the subject products paid or payable to you whichever is less. We make no express or implied warranties or representations with respect to the Program or any products sold and offered on our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an "as is" and "as available" basis. You understand and agree that your use of this site is at your own risk.
You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted by an end-user customer pursuant to a Program is proprietary information of ColThat Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Failure of the ColThat to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
This Agreement shall be governed by and construed in accordance with the substantive laws of England, without any reference to conflict-of-laws principles. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Leicester, England, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence. The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein. Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice. In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.