CONDITIONS OF USE
If you visit the Site, you accept these Terms of Use (“Agreement”) so please read them carefully. This Agreement is between you and accompade.com pursuant to which accompade.com is prepared to grant to you access to this Site.
FORMATION OF CONTRACT
A contract is formed between us when we confirm in writing (which shall include email) that your order has been accepted. Orders will not be accepted until we receive authorisation of your credit card payment or your cheque has been cleared. By placing an order with us you warrant that:
1 You are at least 18 years old;
2 You are legally capable of entering into binding contracts;
3 You have ensured all aspects of your order are correct and suitable for your requirements including (but not limited to) measurements, dimensions and product features. .
accompade.com reserves the right to change this Agreement from time to time, in its sole discretion, and your rights under this Agreement will be subject to the most current version of this Agreement posted on this page at the time of your use or purchase. If you do not agree with these terms of use, do not use this Site. This Agreement is in addition to your obligations and rights under the Privacy Policy and Terms and Conditions of Sale posted on the Site. If you are unsure of your rights under this Agreement, please contact us as set forth below.
PROPRIETARY RIGHTS
accompade.com and its affiliated companies own, solely and exclusively all rights, title and interests (including, without limitation, copyrights and trademarks) in and to the Sites, all the content (including, but not limited to, all audio, photographs, images, illustrations, renderings, drawings, Webcasts, RSS feeds, podcasts, other services, graphics, logos, games, widgets, gadgets, applets, other distributable applications, other visuals, video, copy and software), functionality, code, data and other materials thereon (collectively, the “Site Content”), the look and feel, design and organization of the Sites, and the compilation and organization of the Site Content, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership or title of, in or to any Site Content or any other part of the Site, nor does it grant you any license to use or display the same except as expressly permitted herein.
Excluding references to the Products, all materials on this Site and the Site itself, are protected by copyrights, trademarks and/or other intellectual property rights. These materials are owned, co-owned or licensed by accompade.com or its subsidiaries or affiliates, or used with permission of their owners. Such materials include, but are not limited to, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks, trade dress and other materials contained in this Site, as well as the software used in the design and development of this Site. All rights are reserved, worldwide.
The name and mark accompade.com and the accompade.com logos and all other accompade.com-related marks depicted in this Site, whether registered or unregistered, are trademarks or service marks belonging to accompade.com.
The materials contained in this Site are displayed for informational and promotional purposes only. This Site is solely for private, personal, and non-commercial use. You may not download or copy materials in this Site for any reason. You do not obtain any right, title or interest in any material or software as a result of any downloading or copying. You may not reproduce, publish, transmit, distribute, display, remove, delete, add to, otherwise modify, create derivative works from, sell or participate in any sale of, this Site, any of the materials in this Site, or any related software. Any other use of materials on this Site, including reproduction for purposes other than your personal non-commercial use, modification, distribution or republication, without the prior express written permission of accompade.com, is strictly prohibited.
If Client prints, copies, modifies, downloads or otherwise uses or provides any other person with access to any part of the Site in breach of the Terms and Conditions, the right to use the Site will cease immediately and Client must, at our option, return or destroy any copies of the materials made. No right, title or interest in or to the Site or any content on the Site is transferred to Client and all rights not expressly granted are reserved by accompade.com. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
accompade.com does not knowingly request or collect personally identifiable information online from any person under the age of Eighteen. If you are under the age of Eighteen, you are not permitted to use the Website or its services.
PERSONAL DATA
Personal data shall be collected by accompade.com on the www.accompade.com Site with a goal of allowing the Client to set up an account and/or to purchase Products from www.accompade.com and, otherwise, in accordance with accompade.com’s Privacy Policy.
MY ACCOUNT
Certain personal data is essential for setting up a Client account and making purchases; such information includes Title, First Name, Last Name, Email Address, Password, Birthday, and Telephone. Failure to provide this mandatory information may mean that the Client’s account cannot be set up and used. In creating this account, the Client authorizes www.accompade.com to store their name and email, which shall be maintained in accordance with accompade.com’s Privacy Policy.
accompade.com permits one (1) email address per account. Accounts are authenticated after a user validates their email through the email to which they registered the account.
Email registration for the accompade.com online newsletter is optional. To register an email for the accompade.com online newsletter, the Client can submit it through the “Email Address” field on the bottom of the page. The Client can also sign up when creating a www.accompade.com account by checking the Email Newsletter option during registration. In both circumstances, information provided to accompade.com shall be held in accordance with accompade.com’s Privacy Policy.
PURCHASES
Credit card information will be collected when placing an order. If you are a registered accompade.com user, we will securely store your tokenized credit/debit card details on our systems. This information will be fully encrypted and only used to process card transactions which you have initiated. You can remove your payment details by logging into your account and clicking “remove.” In accordance with Personal Privacy Protection laws, in regards to information technology, files and rights, the Client shall have the right to access, change, correct and delete personal data. This right may be exercised, where applicable, via the Client account. To make changes to a www.accompade.com profile, you may go to the My Account page and choose “Edit” or “Remove” to change home address, email address, etc. information and save to finish updating.
The security, confidentiality or integrity of information sent via the Internet cannot be guaranteed on account of the nature of the internet, other than to assure that accompade.com shall take all reasonable and appropriate measures to protect your personal information from theft and fraud. However, we are not accountable and may not be held liable in the event of loss, communication to a third party or fraudulent uses of login details.
AVAILABILITY
We reserve the right to withdraw our acceptance of your order if any goods are not readily available to us and to refund in full any payment you have made for them. Other goods ordered by you will be despatched in the normal way.
1 Orders advertised as pre-orders will be delivered within 3 working days of the date stated. Delivery may also be made earlier than the pre-order date with notification sent by the courier company being used to make delivery.
2 We reserve the right to change the pre-order date stated and advertised on our Website to reflect the delivery date given to accompade by the haulage company.
3 By placing an order where pre-order is stated you are agreeing to make full payment at this time, allowing the order to be processed and accepted by accompade with delivery made after the pre-order date stated.
4 On rare occasions and due to circumstances out of accompade's control, there could be a delay and goods may be received outside of the pre-order delivery date stated at the time of ordering. If this happens an e-mail may be sent notifying the customers of the delay and giving the option to proceed with the order or to receive a full refund.
CONSUMER RIGHTS AND YOUR RIGHT TO CANCEL
In the event you cancel the contract under clause 14 above:
1 You shall be responsible for paying all reasonable costs and expenses incurred in the goods being returned to us within 14 days of notifying us of cancellation; and
2 We shall reimburse any sum paid by you within 14 days of the notice of cancellation being given or receiving the goods back;
Where you have not exercised your right to cancel, you have the right to require goods be repaired or, where appropriate, replaced for a period of six months after the contract between us is formed if you assert the goods do not conform to the contract save where we can establish that the goods do so conform.
SEVERABILITY OF CLAUSES
If one or more of the provisions in the General Terms and Conditions are deemed or declared null and void, unenforceable, or illegal, the other provisions shall remain unaffected in terms of their validity and scope.
DISCLAIMER, ERRORS, INACCURACIES
Our goal is to provide complete, accurate and up to date information on our Site, The use of the Site is at your own risk and you are entirely responsible for your use of the site and any linked sites. accompade.com is not responsible for any inaccuracies or errors, or for any loss or damage caused by or arising from any user's reliance on information obtained from or through this site. Unfortunately, it is not possible to ensure that any Site is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and to change or update information at any time without prior or subsequent notice.
WAIVER
No waiver of by the accompade.com of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the accompade.com to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and accompade.com with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
STANDARD WARRANTIES
We warrant that, at the time of delivery, the goods will, subject as hereinafter provided, be free from defects in materials and workmanship. There may, however, be minor variations between the goods as shown or described in our sales literature and those despatched to you (the goods despatched will always be of a comparable or superior quality).
Please note in respect of all our products the limitation in respect to our advertising and marketing literature set out in clause.