1.
TERMS OF SALE
1.1 What
these terms cover.
These
are the terms and conditions on which we supply products to you.
1.2 Why
you should read them.
Please
read these terms carefully before you submit your order to us. These terms tell
you who we are, how we will provide products to you, how you and we may change
or end the contract, what to do if there is a problem and other important
information. If you think that there is a mistake in these terms, please
contact us to discuss.
2.
INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who
we are.
We
are Universal Pictures Home Entertainment LLC trading as CLICKII.com, a company
registered in the United States of America. Our registered office is at 10
Universal City Plaza, Universal City, Los Angeles, CA, 91608, U.S.A.
2.2 How
to contact us.
You
can contact us by calling our customer service team on 1-888-959-4788, by email at customerservice@clickii.com, or by writing us clickii.com, 2 Ingram Blvd., La Vergne, TN 37089,
U.S.A.
2.3 How
we may contact you.
If
we have to contact you we will do so by telephone or by writing to you at the
email address or postal address you provided to us in your order.
2.4 "Writing"
includes emails. When we use the words "writing" or
"written" in these terms, this includes emails.
3.
OUR CONTRACT WITH YOU
3.1 How
we will accept your order.
Our
acceptance of your order will take place when we email you to accept it, at
which point a contract will come into existence between you and us.
3.2 If
we cannot accept your order.
If
we are unable to accept your order, we will inform you of this and will not
charge you for the product. This might be because the product is out of stock,
because of unexpected limits on our resources which we could not reasonably
plan for, because we have identified an error in the price or description of
the product or because we are unable to meet a delivery deadline you have
specified.
3.3 Your
order number.
We
will assign an order number to your order and tell you what it is when we
accept your order. It will help us if you can tell us the order number whenever
you contact us about your order.
3.4 We
only sell to the United States of America.
Our
website is solely for the promotion of our products in the USA. Unfortunately,
we do not accept orders from or deliver to addresses outside this territory.
3.5 Terms of sale for wholesalers and traders.
Orders placed for wholesale and trading purposes will not be eligible for any discount. We reserve the right to not supply orders to wholesalers and traders purchasing products in bulk to sell on for their own commercial purposes.
Wholesalers and traders who are interested in purchasing products should contact customer service customerservice@clickii.com.
4.
OUR PRODUCTS
4.1 Products
may vary slightly from their pictures.
The
images of the products on our website are for illustrative purposes only.
Although we have made every effort to display the colors accurately, we cannot
guarantee that a device's display of the colors accurately reflects the colour
of the products. Your product may vary slightly from those images.
4.2 Product
packaging may vary.
The
packaging of the product may vary from that shown on images on our website.
4.3 Making
sure your measurements are accurate.
Please
check your measurements using our sizing guide to ensure you order the correct
sizes of any apparel.
5.
PROVIDING THE PRODUCTS
5.1 Delivery
costs.
The
costs of delivery will be as displayed to you on our website.
5.2 When
we will provide the products.
We
will deliver them to you as soon as reasonably possible and in any event within
30 days after the day on which we accept your order.
5.3 We
are not responsible for delays outside our control.
If
our supply of the products is delayed by an event outside our control then we
will contact you as soon as possible to let you know and we will take steps to
minimize the effect of the delay. Provided we do this we will not be liable for
delays caused by the event, but if there is a risk of substantial delay you may
contact us to cancel your order and receive a refund for any products you have
paid for but not received.
5.4 If
you are not at home when the product is delivered.
If
no one is available at your address to take delivery and the products cannot be
posted through your letterbox, we will leave you a note informing you of how to
rearrange delivery (for couriered goods only) or collect the products from a
local depot or sorting office (as applicable).
5.5 If
you do not re-arrange delivery.
If
you do not collect the products from us as arranged or if, after a failed
delivery to you, you do not re-arrange delivery or collect them from a delivery
depot we will contact you for further instructions and may charge you for
storage costs and any further delivery costs. If, despite our reasonable
efforts, we are unable to contact you or re-arrange delivery or collection we
may end the contract.
5.6 When
you become responsible for the product.
The
product will be your responsibility from the time we deliver the product to the
address you gave us.
5.7 When
you own goods.
You
own a product which is goods once we have received payment in full.
5.8 Reasons
we may suspend the supply of products to you.
We
may have to suspend the supply of a product to:
(a) deal with technical problems or make minor
technical changes; or
(b) update the product to reflect changes in
relevant laws and regulatory requirements.
6.
IF THERE IS A PROBLEM WITH THE PRODUCT
6.1 How
to tell us about problems.
If
you have any questions or complaints about the product, please contact us. You
can contact us by calling our customer service team at 1-888-959-4788, by email at customerservice@clickii.com, or by writing us clickii.com, 2 Ingram Blvd., La Vergne, TN 37089, U.S.A.
7 PRICE
AND PAYMENT
7.1 Where
to find the price for the product. The price of the product, which does not
include Sales Tax, will be the price indicated on the order pages when you
placed your order. We take all reasonable care to ensure that the price of
product advised to you is correct. However please see clause 7.2 for what
happens if we discover an error in the price of the product you order.
7.2 What
happens if we got the price wrong.
It
is always possible that, despite our best efforts, some of the products we sell
may be incorrectly priced. We will normally check prices before accepting your
order so that, where the product's correct price at your order date is less
than our stated price at your order date, we will charge the lower amount. If
the product's correct price at your order date is higher than the price stated
on the clickii.com website at the time you place your order, we will contact you
for your instructions before we accept your order. If we accept and process
your order where a pricing error is obvious and unmistakable and could
reasonably have been recognized by you as a mispricing, we may end the
contract, refund you any sums you have paid and require the return of any goods
provided to you.
7.3
When you must pay and how you must pay.
We
accept payment by most major credit and debit cards and PayPal. Payment for the
products must be made before we send them.
8. OUR
RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU.
8.1 We are not liable for business losses. We
only supply the products for domestic and private use. If you use the products
for any commercial, business or re-sale purpose we will have no liability to
you for any loss of profit, loss of business, business interruption, or loss of
business opportunity.
9.
HOW WE MAY USE YOUR PERSONAL INFORMATION
9.1 We will use the personal information you
provide to us:
(a) to supply the products to you;
(b) to process your payment for the products;
and
(c) if you agreed to this during the order
process, to inform you about similar products that we provide, but you may stop
receiving these at any time by contacting us.
9.2 We will only give your personal information
to third parties where the law either requires or allows us to do so.
10.
OTHER IMPORTANT TERMS
10.1 We may transfer this agreement to someone
else. We may transfer our rights and obligations under these terms to another
organization. We will always tell you in writing if this happens and we will
ensure that the transfer will not affect your rights under the contract. If you
are unhappy with the transfer you may contact us to end the contract within 14
days of us telling you about it and we will refund you any payments you have
made in advance for products not provided.
10.2 Nobody else has any rights under this
contract. This contract is between you and us. No other person shall have any
rights to enforce any of its terms. Neither of us will need to get the
agreement of any other person in order to end the contract or make any changes
to these terms.
10.3 If a court finds part of this contract
illegal, the rest will continue in force. Each of the paragraphs of these terms
operates separately. If any court or relevant authority decides that any of
them are unlawful, the remaining paragraphs will remain in full force and
effect.
10.4 Even if we delay in enforcing this
contract, we can still enforce it later. If we do not insist immediately that
you do anything you are required to do under these terms, or if we delay in
taking steps against you in respect of your breaking this contract, that will
not mean that you do not have to do those things and it will not prevent us
taking steps against you at a later date. For example, if you miss a payment
and we do not chase you but we continue to provide the products, we can still
require you to make the payment at a later date.
10.5 Which laws apply to this contract and where
you may bring legal proceedings. These terms are governed by United States law
and you can bring legal proceedings in respect of the products in the US
courts.
