Terms and Conditions
These terms and conditions help to keep the www.skyhighkites.co.uk (referred to as 'Sky High Kites', 'the website', 'we' or 'us') a safe place to buy your kite and to clarify the relationship between you and Sky High Kites in connection with the website. You should understand that by placing an order, you accept the following terms and conditions:
1. The owner(s) of this web site are Jon Raffoul
Sky High Kites C/O JVR Portfolio
Duck Farm Court
2. You must be eighteen years old to use this site. If you are under eighteen, you may only use the site in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the site.
3. You agree that e-mail can be used as the primary means of communication.
4. No contract for the sale of any product will subsist between you and us unless and until we accept your order by way of an e-mail confirming that it has received payment in full for all the goods you have ordered. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time we send the e-mail to you (whether or not you receive that e-mail). This confirmation e-mail amounts to an acceptance by Sky High Kites of your offer to buy goods from us. This confirmatory e-mail will also contain a link to these terms and conditions.
5. You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.
7. You undertake that all details you provide to us for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered. If posting a personal cheque for your order you must be the signator on the cheque or have the full and expressed permission of the signator.
8. If there are any changes to the details supplied by you it is your responsibility to inform us as soon as possible.
9. We want you to be absolutely satisfied with the items you purchase from us. In the unlikely event that you have to return faulty goods to us, we will replace, repair or refund the cost of the returned item in full. In exceptional circumstances, goods that you have ordered may be unavailable and we will do our best to provide equivalent goods. If so, you may cancel the sale and the cost of returning the goods will again be borne by us.
10. You have the right to cancel a sale of goods made through this website at any time after you have placed the order until the date 30 working days after the day you receive the goods. To cancel a sale, please contact us by email email@example.com or telephone 01296 481113 and request a return authorisation before returning goods. We will refund the whole sum paid by you including costs of postage and packing which we added to the sale price and will send you the refund within 30 days of you notifying us of cancellation. You must return the goods in the condition in which you received them, in all of the original packaging, within 30 days of you notifying us of cancellation. You must pay the cost of returning the goods to us; if you do not return the goods to us, we will arrange to collect them and will deduct the cost of such collection from the refund due to you.
10a. All goods that are sent are brand new in their original packaging (if applicable to the product) and have gone through rigerous QC testing by the manufacturer. We believe the goods to be fit for purpose, prior to their first use and although all goods are covered by a manufacturers warranty, we will not, under any circumstances, refund or replace goods that have become defective due to accidental damage or user misuse.
10b. We carry a wide range of spare parts for products available on our website. These spare parts are classed as 'consumable items' and as such are chargable. Certain spare parts are listed on our website. If you cannot find the spare part required for your product, please contact us with the model or part number and we will provide you with a price.
11. All returned goods should be addressed to:
Sky High Kites C/O JVR Portfolio
Duck Farm Court
12. We do not not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services without notice.
13. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the Site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms.
14. We have expended great time in ensuring that all details for products are correct and if in the case of any error or ommission, we will do its best to correct errors and omissions as quickly as practicable after being notified of them.
15. In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall, at its own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify us of the problem in writing at the address stated in the first term of this page.
16. Every purchase you make shall be deemed performed in the England.English law shall govern every aspect of contractual agreement concerning purchases made from the Site.
17. Sky High Kites aims to arrange shipment of all in stock items within 2 working days of receiving your order. Your order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable and the current stock status is approximate due to the nature of online ordering.
18. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
19. For Christmas Deliveries, we recommend that you order by the 19th December. We will endeavour to dispatch all 'In stock' orders within 24 hours, however we cannot guarantee delivery on or before the 24th December as the post may be delayed in your area.
20. We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
21. We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
22. No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.
23. You may not permit, create unauthorized framing of, or deep linking to, the Site or the creation of derivative works thereof from any other website under your management or control. Nor may you take any graphics and use them for your own purposes.
24. In these Terms, “Intellectual Property Rights” means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by Sky High KItes.
25. Subject to the licence granted to you to use the Site, we reserves all rights, title and interest in its Intellectual Property Rights in the Site.
26. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Sky High Kites Payment Processor tracks the electronic 'fingerprints' of every order placed on the website to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.
27. We reserve the right to terminate this Agreement and to suspend or terminate your access to the Site immediately and without notice to you if:-
(i) you fail to make any payment to us when due;
(ii) you breach the terms of this Agreement (repeatedly or otherwise);
(iii) when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
(iv) we suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Site.
28. We may amend these Terms from time to time, and place the new version on the Site. When we do, we will mention the fact on our home page for at least 14 days. If you do not agree to any changes to these Terms, then your only remedy is to cease using the Site.
29. These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between us and you relating to your purchase. We advise that you print off and keep safe a copy of these terms and conditions once your order has been accepted by Sky High Kites. We will store a copy of the contract entered into by you with us. You are advised to read (and are responsible for reading) fully all information on this website.
30. If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.
31. These Terms are subject to English Law.