EAGLE EYE APPAREL
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms [or save them to your computer] for future reference.
We amend these Terms from time to time as set out in clause 9. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
Information about us
We operate the website www.eagleeyeapparel.co.uk. We are Eagle Eye Apparel Limited, a company registered in England and Wales under company number 05988859 and with our registered office at 40 South Road, TAUNTON, Somerset TA1 3DY. We are not currently VAT registered.
To contact us, please see our Contact Us page.
The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
Use of our site
Your use of our site is governed by our Terms of Website Use. Please take the time to read these.
How we use your personal information
If you are a consumer
If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
If you are a business customer
If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
How the contract is formed between you and us
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.
We will confirm our acceptance to you by sending you an e-mail (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
Intellectual property rights
We retain the intellectual property rights in any deliverable that we provide to you where they do not belong to a third party (e.g. images created by us). Provided that all our charges for such deliverable are paid by you, we grant you a perpetual, non-transferable licence to use all such intellectual property rights for the purposes of your business.
Where we obtain licences of intellectual property rights for you from third parties these shall only be for work in relation to the Product and shall not be used by you for any other purpose.
You agree to indemnify us against any claim that may be made against us by a third party in connection with work prepared for you by us which was based on information or material provided by you to us.
If your Product involves the use of a third party image you accept that this image must be cleared for copyright with the relevant authority and the ensuing fees paid.
You agree to gain permission and consent from all people to be involved with the images you submit to us and agree to indemnify us against all charges arising from issues of permission, consent or clearance.
We reserve the right to add the words “Printed by Eagle Eye Apparel Limited” to the Product and our logo.
You allow us to use and refer to your personalised product as an example of a Product which we have created.
Our right to vary these terms
We may revise these Terms from time to time in the following circumstances:
- changes in how we accept payment from you; and
- changes in relevant laws and regulatory requirements.
Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
We recognise that commercial considerations may require the amendment of your plans. You may require us to change, reject, cancel or stop any or all plans, schedules or work in progress and we shall take all reasonable steps to comply, provided that we can do so within our contractual obligations to third parties (including media and suppliers). In the event of any cancellation or amendment it will be necessary for you to reimburse us for any expenses to which we are committed and also pay our charges for work already done. Where we have committed contractors or our employees to work on your business, unless we have agreed otherwise we reserve the right to charge the equivalent of our minimum commitment to them upon your cancellation or amendment.
Any fixed charges that we agree with you are for the work that we agree at that time. If we are asked to carry out additional work or your brief to us changes or the term for the project changes we reserve the right to make an additional charge. We will try to notify you in advance that this additional work will mean additional charges but this may not always prove possible where commercial circumstances require us to carry out such additional work quickly.
Your cancellation and refund rights if you are a consumer
If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 10.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product , you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
However, this cancellation right does not apply in the case of any made-to-measure or custom-made products.
You may cancel a Contract from the date you receive the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 (fourteen) working days in which you may cancel, starting from the day you receive the Products.
To cancel a Contract, you must contact us in writing by sending an e-mail to [email protected] You may wish to keep a copy of your cancellation notification for your own records.
You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 10.5. If you returned the Products to us because they were faulty or mis-described, please see clause 10.6.
If you have returned the Products to us under this clause 10 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
We refund you on the credit card or debit card used by you to pay.
If the Products were delivered to you:
- you must return the Products to us as soon as reasonably practicable;
- unless the Products are faulty or not as described you will be responsible for the cost of returning the Products to us;
- you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by our returns policy. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
Delivery will be completed when we deliver the Products to the address you gave us.
The Products will be your responsibility from the completion of delivery.
You own the Products once we have received payment in full, including all applicable delivery charges.
Price of products and delivery charges
The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time.
Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
How to pay
You can only pay for Products using a debit card or credit card.
Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
Our liability if you are a business
We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
Nothing in these Terms limit or exclude our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- defective products under the Consumer Protection Act 1987.
Subject to clause 14.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
Subject to clause 14.2 and clause 14.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
Our liability if you are a consumer
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- defective products under the Consumer Protection Act 1987.
- Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract we will contact you as soon as reasonably possible to notify you.
These Terms shall be governed by English Law and the parties irrevocably submit to the exclusive jurisdiction of the English Courts.
Communications between us
If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to Eagle Eye Apparel Limited at40 South Road, TAUNTON, Somerset, TA1 3DY or [email protected] We will confirm receipt of this by contacting you in writing, normally by e-mail.