Terms and Conditions
Terms and Conditions
Please review the basic rules that govern the use of and purchase of our products:
1. Website Use
Welcome to the Aftershock e-commerce website (the "Website"). By accessing this website you agree to these terms and conditions (the"Terms"). If you do not agree to them you may not use this website and should leave it immediately.
Aftershock Online (www.aftershockplc.com) is an online service of Aftershock ("Aftershock"/"We"/"our"/"us") provided solely for your personal use for the sale of clothing, accessories and other Items ("Items").
We have taken great care to ensure that the Items on our website are presented as accurately as possible. However colour clarity will depend upon your own personal monitor and we therefore cannot guarantee that the colour of the actual Item is absolutely accurate. Before placing an order please read through these Terms.
To be eligible to purchase Items on this Website you must:
a. be the holder of a valid debit/credit card.
b. warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects.
If your personal information changes then please notify us immediately by contacting Customer Services on the following email: firstname.lastname@example.org
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
By using this site you agree to comply with, and be bound by, these Terms.
We may from time to time change these Terms at our sole discretion. By using this Website after any such change(s), you agree to comply with, and be bound by, the Terms as changed.
2. Use Restrictions
All content available on the Website, including, but not limited to, text, graphics, logos, button, icons, images, audio clips, data compilations, and software, and the compilation thereof (the "Content") is the property of Aftershock, our affiliates, our partners or our licensors, and is protected by UK and international copyright laws.
The trade marks, logos, and service marks displayed on the Website (collectively, the "Trade Marks") are the registered and unregistered marks of Aftershock, our affiliates, our licensors or our partners, in the UK and other countries, and are protected by UK and international trade mark laws. All or any other trade marks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited licence in the section entitled "Limited Licence" below, or as required under applicable law, neither the Content, the Trade Marks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent. Any violation of these may result in legal action.
3. Communications and Submissions
All communications, comments, feedback, suggestions, ideas or other submissions offered to Aftershock shall be and remain the property of Aftershock. In turn, Aftershock shall be free to use the content of such communications (including ideas, inventions, concepts, techniques) for any purpose including development and/or marketing of goods and services. By participating in surveys, competitions or promotions of this site or by requesting promotional information or updates, you hereby agree that Aftershock Online may use information about you for marketing, product development or promotional purposes and is under no obligation to pay the user any compensation for any submissions.
Products seen on Aftershock Online (www.aftershockplc.com) have limited availability and are subject to supply. Descriptions, specifications, colours and pricing are subject to change at any time and without any notice.
Each product purchased is sold subject to its product description. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including product descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our Order Acceptance Policy.
Prices displayed on the site are quoted in GBP Pounds Sterling (£), U.S. Dollars ($) and Euros (€).
5. Refusal of Transaction
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
The technical steps required to create the contract between you and us are as follows:
You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website. We will send to you an order acknowledgement e-mail detailing the products you have ordered. As your product is shipped from our warehouse we will send you a dispatch confirmation email.
Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it in accordance with our conditions set out below.
Non-acceptance of an order may take place in the following circumstances:
- The product you ordered being unavailable from stock.
- Our inability to obtain authorisation for your payment.
- The identification of a pricing or product description error.
- You not meeting the eligibility to order criteria set out in the main Conditions of Use.
The contract will be concluded in English.
All prices are stated in either Pounds Sterling (£), US Dollars ($) and Euros (€) and are calculated on a weekly basis. Prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. The total cost of your order is the price of the products ordered plus delivery charges.
Payment can be made by any of the methods specified in the payment section of this website and payment will be debited and cleared from your account prior to despatch of orders.
You must confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
7. Discount Codes
Discount vouchers are given to you via an online code. This code will be sent to you by e-mail or mail at the relevant time. Certain codes will appear directly in your account.
Only one voucher code is usable per order. Under no circumstances can it be converted into currency. The vouchers have an expiry date which can not be changed. No new voucher can be sent or given to replace an out-of-date or unused voucher.
The use of a voucher code necessarily implies that the value of the basket (before the calculation of carriage costs) is higher than the value of the voucher, except where the particular conditions of usage of said voucher specifies a minimum amount of purchase (before the calculation of carriage costs). In this case, the value of the basket (before the calculation of carriage costs) will have to be higher than the value of the minimum purchase necessary specified for the use of the discount code.
Aftershock Online refuses to deduct from an already confirmed and paid order, the value of a discount code where the code:
- Was not entered
- Is erroneous
Use of discount codes
In order to benefit from the reduction associated with a discount code, you should click in your basket on the link "Do you have a discount code?".
After selecting the code, you should click on the "Redeem" button. The discount will then be taken from the amount of the order.
Refunding of an order containing a discount code
In the event of a total cancellation of an order which has used a discount code, we will refund you the amount debited at the time of the order (minus the delivery costs in the case of returns) and will give you another discount voucher equivalent to that used at the time of order with the same validity date.
In the event of partial cancellation, we will calculate the amount to be refunded (minus the delivery costs) and take into account the eligibility of the discount voucher used on a lower amount than the initial order placed.
If the initial order would not have enabled you to use the discount code, we will refund you the value of the product minus the amount of the code, and will give you a code equivalent to that used at the time of the order with the same validity date.
8. Shipping & Returns
Our charge for Royal Mail 1st Class Standard Delivery is £4.00 per order on all orders to all mainland UK addresses. Royal Mail Special Next Day Delivery is £5.95 per order on all orders to all mainland UK addresses. Areas inside the EU will be charged at £15 per order and areas outside the EU will be charged a flat rate of £20 per order.
Stock items will be despatched the day after they are ordered and will be delivered within 2-3 working days within the UK mainland for all 1st Class Standard Deliveries. All deliveries must be signed for and any damages notified to us within two days of receipt of delivery. Someone must be available to sign for the goods during normal working hours and this person should be known to you. We will not be responsible where the person signing for the goods is not the person who has placed the order/paid for the goods.
9. Limited Licence
We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Website. Please note that you may not frame, link to, or utilise any framing or linking techniques to enclose the Website or any portion thereof without our prior written consent which may be withheld in our absolute discretion.
The limited licence set forth in this section does not include the right to:
a. modify or download the Website or its contents (except caching or as necessary to view content);
b. make any use of the Website or its Content other than personal use;
c. create any derivative work based upon either the Website or its Content;
d. collect account information for the benefit of another party;
e. use any meta tags or any other "hidden text" utilising our name or the Trade Marks without our express written consent; or
f. use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A Website that links to our Website may:
a. link to, but not replicate, our Content;
b. not imply that we are endorsing such Website or its services or products;
c. not misrepresent its relationship with us;
d. not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages;
e. not portray us or our products, services or Items, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions;
f. not use any Trade Mark without our prior written consent; and
g. not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the website, and upon receipt of such request, you shall immediately remove such link.
Any unauthorised use by you of the Website terminates the limited licence set forth in this section without prejudice to any other remedy we may have provided for by applicable law.
10. Third Party Links
We are not responsible for the content of any off-Website pages or any other Websites linked to or from the website. Links appearing on the website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other Websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Websites, including, without limitation, their privacy statements and Terms . You should carefully review the Terms and privacy policies of all off-Website pages and other Websites that you visit.
Aftershock shall not be liable for any damages or injury resulting from your access to, or inability to access this site, or from your reliance on any information contained in this site.
We make no representations or warranties of any kind whatsoever, expressed or implied, in connection with these terms or the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any
a. interruption of business;
b. access delays or access interruptions to the website;
c. data non-delivery, mis-delivery, corruption, destruction or other modification;
d. loss or damages of any sort incurred as a result of dealings with or the presence of off- Website links on the Website;
e. computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party Websites;
f. any inaccuracies, omissions or misleading, false or deceptive statement in the content; or
g. events beyond our reasonable control.
Further, to the fullest extent permitted by law we will not be liable for any direct, indirect,special, incidental, or consequential damages of any kind (including lost profits) related to the Website regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred pounds (£100.00). Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by applicable law.
To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the Website and any purchase by you of any Items from Aftershock shall be submitted to confidential arbitration in London, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the English Courts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the International Chamber of Commerce. The arbitrator's award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the Website shall be submitted to an appropriate court or other judicial body in London, and all applicable provisions of this section shall apply.
If any provision of these Terms is held to be illegal, invalid or unenforceable in whole or in part, then these Terms shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any of the provisions of these Terms by Aftershock shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of these Terms.
No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms as regards any of the times, dates and/or periods mentioned herein.
Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
We reserve the right to change these Terms at any time and we encourage you to revisit these Terms periodically to ensure that you are at all times fully aware of our Terms. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms.
We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
We reserve the right to refuse to supply Items to any person for any reason whatsoever, to withdraw any Items from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our withdrawing of any Items from this Website whether or not such Items have been sold; removing or editing content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
If you have any questions regarding these Terms, please contact us by email at: email@example.com
This site and its contents are displayed solely for the purpose of promoting Aftershock Online (www.aftershockplc.com), the Aftershock label and its respective products and services. This site is controlled and operated by Aftershock Plc, Company Registration No: 05802935 (www.aftershockplc.com). Aftershock reserves the right to make changes to the information in this site or services described therein, at any time without notice.
Aftershock may terminate this agreement at any time without notice, and deny you access to the site if you fail to comply with the provisions of this agreement.
16. Governing Law
Your use of this Website and any purchase by you of any Item from Aftershock shall be governed by English law and you hereto submit to the exclusive jurisdiction of the English courts.