Terms and conditions
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Terms and conditions

Delivery

United Kingdom Delivery – £4.95, Rest of world – £9.95. Please allow 14 days for UK deliveries, 21 days for the rest of the world.

Returns Policy

If you wish to return your viStylus, simply send it back unused with the original box and accessories for a refund excluding any postage costs. Please contact us before returning anything so that we can provide a returns number.

Limited 1 year warranty

ViStylus warrants this appliance to be free of defects in material and workmanship for a period of one year from the date of original purchase. If appliance exhibits such a defect, viStylus will, at it’s option, repair or replace it without cost for parts and labor. The product must be shipped, prepaid and insured (recommended), to an authorised viStylus Service Center, see “viStylus.com” for details. Proof of date of original purchase is required. The cost to ship the product to an authorised Service Center is the responsibility of the customer; the cost to return the product to the customer is the responsibility of viStylus. Warranty does not cover finishes or normal wear, nor does it cover damage resulting from accident, misuse, dirt, water, tampering, unreasonable use, service performed or attempted by unauthorised service agencies, failure to provide reasonable and necessary cleaning and maintenance, or regular battery changes. ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO ONE YEAR FROM DATE OF ORIGINAL PURCHASE. IN NO EVENT WILL VISTYLUS BE RESPONSIBLE FOR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT.

Security

When you place your order online, we use Stripe Online Payments and Globalsign SSL technologies. Both ensure your credit card details are encrypted and extremely secure. They are recognised industry-standard technologies to ensure the privacy of the transaction and are approved by the banks and credit card issuing companies for this purpose. Apart from the last 4 digits, we don’t have access to your credit card details, as it’s all processed online. We also only take funds from your card (authorisation) at the time of dispatch.

Privacy Policy

viStylus (“We”) are committed to protecting and respecting your privacy.

This policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

For the purpose of the Data Protection Act 1998 (the Act), the data controller is viStylus, Hadfield House, Congleton Road, Gawsworth, Macclesfield, SK11 9ER.

Our nominated representative for the purpose of the Act is Justin Saynor.

Information we may collect from you

We may collect and process the following data about you:

Information that you provide by filling in forms on our site www.viStylus.com (our site). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you enter a competition or promotion sponsored by viStylus and when you report a problem with our site.

If you contact us, we may keep a record of that correspondence.

We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.

Details of transactions you carry out through our site and of the fulfilment of your orders.

Details of your visits to our site [including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise] and the resources that you access.

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:

  • To estimate our audience size and usage pattern.
  • To store information about your preferences, and so allow us to customise our site according to your individual interests.
  • To speed up your searches.
  • To recognise you when you return to our site.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

Where we store your personal data

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Athough we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Uses made of the information

We use information held about you in the following ways:

  • To ensure that content from our site is presented in the most effective manner for you and for your computer.
  • To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
  • To carry out our obligations arising from any contracts entered into between you and us.
  • To allow you to participate in interactive features of our service, when you choose to do so.
  • To notify you about changes to our service.

We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.

If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.

If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.

If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the order form).

Disclosure of your information

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985.

We may disclose your personal information to third parties:

In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

If viStylus or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use or terms and conditions of supply and other agreements; or to protect the rights, property, or safety of viStylus, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Your Rights

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at by post at viStylus, Hadfield House, Congleton Road, Gawsworth, Macclesfield, SK11 9ER, or by email to [email protected].

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Access to Information

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

Changes to our Privacy Policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed by post to viStylus, Hadfield House, Congleton Road, Gawsworth, Macclesfield, SK11 9ER, or by email to [email protected].

Terms & Conditions

Last updated 09/08/16.

These are the Standard Terms and Conditions of Sale of:

viStylus, Hadfield House, Congleton Road, Gawsworth, Macclesfield, SK11 9ER.

(“the Seller”, “We” or “Us”) for certain products as set out in the pages on this site (“the Goods”). Subject to the provisions of Clause 4.2 below, the price of the Goods the delivery charges and Value Added Tax where applicable is set out on the Order Form. Whilst every effort is made to deliver the Goods in accordance with the time-scales set out for delivery in the relevant pages, we do not accept any liability for late delivery of the Goods and your attention is drawn to the provisions of Clause 6 below.

By placing and Order and purchasing goods from viStylus Ltd you enter into a legally binding agreement with us on the following Conditions. You should read and understand these Conditions because they affect your rights and liabilities.

In accordance with the provisions of the Consumer Protection (Conclusion of a Contract at a Distance) Regulations 2000, you have the right to withdraw from this transaction. Details of your right to withdraw will be sent to you with the Goods when they are delivered and can be found in Clause 9 below. [PLEASE NOTE THAT THE RIGHT TO WITHDRAW FROM THE CONTRACT DOES NOT APPLY IN RESPECT OF ANY AUDIO OR VIDEO RECORDINGS OR COMPUTER SOFTWARE WHICH HAVE BEEN OPENED BY YOU.]

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Conditions at any time. Please check these Conditions periodically for changes.

THESE CONDITIONS DESCRIBE THE BASIS FOR PURCHASE BY YOU AND SALE BY US OF THE PRODUCTS DESCRIBED ON THIS WEB SITE.

1. Interpretation

1.1 In these Conditions:

‘Conditions’ means the standard Terms and conditions of sale set out in this document;

‘Contract’ means the contract for the sale of the Goods;

‘Payment Card’ means the credit or debit card or other payment system chosen by you to be used as the method of payment for the Goods of which you have provided details to us when placing the Order;

‘Delivery Area’ means the UK.

‘Goods’ which you have ordered including any instalment of the goods or any parts for them which are available for purchase from our Web Site in accordance with the Conditions;

‘Information System’ means a system for generating, sending, receiving, storing or otherwise processing electronic communications;

‘Order’ means any order placed by you with us for the supply of Goods;

‘Order Form’ means the electronic order form completed and submitted electronically by you;

‘Regulations’ means the Consumer Protection (Distance selling) Regulations 2000;

‘Web Site’ our presence on the world wide web, currently accessible via the address http://www.viStylus.

1.2 Reference to any statute or statutory provisions shall be deemed to include any statutory modifications or re-enactments thereof or any rules or regulations made there under or any enactment repealing and replacing the act referred to.

1.3 Unless the context otherwise requires:-

1.3.1 words importing the singular shall include the plural and vice versa;

1.3.2 words importing the masculine gender shall include the feminine gender and vice versa;

1.3.3 references to persons shall include bodies of persons whether corporate or incorporate.

1.4 Unless the context otherwise requires references to clauses shall be construed as references to clauses of these Conditions.

1.5 Headings are inserted for convenience only and shall not affect the construction or interpretation of these Conditions.

2. Basis of the sale

2.1 We shall sell to you and you shall purchase only those Goods which you have set out in an Order and which has been accepted by us. We reserve the right to reject any Order. Each such sale of Goods will be subject to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any Order is made or purported to be made by you.

2.2 No Order submitted by you shall be deemed to be accepted by us unless and until confirmed by e-mail or in writing by us.

2.3 No variation to these Conditions shall be binding upon us unless and until agreed by e mail or in writing by us.

2.4 Any advice or recommendation given on this web site or otherwise given by us or any of our employees or agents to you as to the storage, application or use of the Goods is followed or acted upon entirely at your own risk, and accordingly we shall not be liable for any such advice or recommendation.

2.5 Any typographical, clerical or other error or omission on any page of this web site or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.

3. Orders

3.1 The quantity, quality and description of the Goods will be those set out in your Order (if accepted by us).

3.2 Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your credit or account card is authorised for the transaction.

3.3 viStylus LTD are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the Goods appearing on our website.

3.4 You shall be responsible for ensuring the accuracy of the terms of any Order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with its terms.

3.5 The quantity, quality and description of and any specification for the Goods shall be those set out in the relevant pages of this site.

3.6 We reserve the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements or where any particular Good is unavailable to substitute for the Goods ordered other Goods which are substantially similar in nature and price.

4. Price of the goods

4.1 The price of the Goods shall be the price set out on the relevant page of this site. We reserve the right to change the prices set out on this site provided that if we accept an order from you the price for the goods will be the price set out in the relevant range at the time the order is placed.

4.2 If the price of the Goods increases between the date we accept your Order and the delivery date, we will let you know and ask you to confirm [by e-mail/in writing] that the new price is acceptable. If it is not acceptable then you will, of course, have the option of cancelling the order.

4.3 In addition to the price of the Goods you will be liable to pay our charges for transport, packaging and insurance as shown on the Order Form.

4.4 The total price is inclusive of any applicable value added tax.

5. Terms of payment

5.1 Upon providing us with details of the Payment Card and submitting the Order you :

5.1.1 confirm and undertake that the information contained within the Order is true and accurate and that you are duly authorised to use the Payment Card; and

5.1.2 authorise us to deduct from the Payment Card account the full price of the Goods and all other payments which may become due to us under the Contract.

5.2 The deduction of monies from your Payment Card does not mean that we have accepted your order nor does it mean that a contract has been formed between us. In the event that we reject you order we will credit your Payment Card with the amount deducted.

5.3 If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to you, we can cancel the Order or suspend any further deliveries to you. This does not affect any other rights we may have.

5.4 Where Goods are returned by you in accordance with your rights under the provisions of Clause 9, we shall credit the Payment Card with the appropriate amount.

5.5 We will take all reasonable care to keep all information connected with your order secure but we cannot be held liable for any loss that you may suffer if a third party obtains unauthorised access to any data, including credit and account details you provide when accessing or ordering from this Web Site, unless this is solely due to our negligence.

6. Delivery

6.1 Delivery of the Goods shall be made by us or our carrier to the address for delivery shown in the Order Form. It is important that this address is accurate. Please be precise about where you would like the Goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the Goods once they have been delivered in accordance with your delivery instructions.

6.2 Whilst every effort will be made to ensure that any Goods ordered are delivered within the period specified for delivery of such goods on the relevant page and subject to our obligations under the Regulations, any dates quoted for delivery of the Goods are approximate only and we shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract. The Goods may be delivered by us in advance of the estimated delivery date. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.

6.3 Customers have two working days to report any missing items from their order, either by phone, fax, letter or email.

6.4 The Goods may at our discretion be delivered in instalments. Each delivery shall constitute a separate contract and failure by us to deliver any one or more of the instalments in accordance with these Conditions or any claim by you in respect of any one or more instalments shall not entitle you to treat the Contract as a whole as repudiated.

6.5 If we fail to deliver the Goods (or any instalment) for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the price of the Goods.

6.6 If you fail to take delivery of the Goods or fail to give us adequate delivery instructions then, without prejudice to any other right or remedy available to us, we may cancel the Contract and refund to you the price of the goods less the cost of their delivery and the cost of their being returned to us.

7. Risk and property

7.1 Risk of damage to or loss of the Goods shall pass to you at the time of delivery or, if you wrongfully fail to take delivery of the Goods, the time when we or our carrier has tendered delivery of the Goods.

7.2 Subject to the provisions of clause 9 and notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the Goods. [Goods supplied to you are not for resale.]

8. Warranties and liability

8.1 Your statutory rights are not affected by these Conditions.

8.2 Any claim by you which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by you) be notified to the Company within 14 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and you do not notify us accordingly, you shall not be entitled to reject the Goods and we shall have no liability for such defect or failure, and you shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.

8.3 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods is notified to us in accordance with these Conditions, we shall be entitled to replace the Goods (or the part in question) free of charge or, at our sole discretion, refund to you the price of the Goods (or a proportionate part of the price), but we shall have no further liability to you.

8.4 EXCEPT IN RESPECT OF DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, WE SHALL NOT BE LIABLE TO YOU BY REASON OF ANY REPRESENTATION (UNLESS FRAUDULENT), OR ANY IMPLIED WARRANTY, CONDITION OR OTHER TERM, OR ANY DUTY AT COMMON LAW, OR UNDER THE EXPRESS TERMS OF THE CONTRACT, FOR ANY LOSS OF REVENUE OR PROFITS; LOSS OF ANTICIPATED SAVINGS; LOSS OF GOODWILL OR INJURY TO REPUTATION; LOSS OF BUSINESS OPPORTUNITY; LOSSES SUFFERED BY THIRD PARTIES; OR ANY OTHER INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS OR DAMAGE REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), WHICH ARISE OUT OF OR IN CONNECTION WITH THE SUPPLY OF THE GOODS OR THEIR USE OR RESALE BY YOU, AND OUR ENTIRE LIABILITY UNDER OR IN CONNECTION WITH THE CONTRACT SHALL NOT EXCEED THE PRICE OF THE GOODS, EXCEPT AS EXPRESSLY PROVIDED IN THESE CONDITIONS.

8.5 SUBJECT TO OUR OBLIGATIONS AND YOUR RIGHTS UNDER THE REGULATIONS, WE SHALL NOT BE LIABLE TO YOU OR BE DEEMED TO BE IN BREACH OF THE CONTRACT BY REASON OF ANY DELAY IN PERFORMING, OR ANY FAILURE TO PERFORM, ANY OF OUR OBLIGATIONS IN RELATION TO THE GOODS, IF THE DELAY OR FAILURE WAS DUE TO ANY CAUSE BEYOND OUR REASONABLE CONTROL.

8.6 We assume no responsibility for the contents of any other web sites to which this Web Site has links.

9. Right of Withdrawal

9.1 Subject to the provisions of clause 9.3 you shall have a period of 14 days after the date on which you have received the Goods to withdraw from the Contract and to return the Goods to us. Subject to the provisions of Clause 9.4, you shall be responsible for payment of the direct costs in returning the Goods to us.

9.2 The right to withdraw from the Contract does not affect any of your statutory rights.

9.3 The right to withdraw from the Contract does not apply in respect of any audio or video recordings or computer software which have been opened by the Customer.

9.4 In the event that we supply substituted Goods to you in accordance with the provisions of Clause 2 , your right of withdrawal is as set out as above except that the cost of returning the Goods shall be borne by us.

10. Communications

10.1 Any communication sent electronically by e-mail or otherwise:

10.1.1 will be deemed to have been sent once it enters an Information System outside the control of the originator of the message;

10.1.2 will be deemed to have been received by the intended recipient at the time that in a readable form it enters an Information System which is capable of access by the intended recipient;

10.1.3 will be deemed to have been dispatched in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides;

10.1.4 will be deemed to have been received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides.

11. General

11.1 Any communication sent by post will be deemed received by the intended recipient three days following mailing where sent by first class post or five days after mailing where sent by second class post.

11.2 No waiver by us of any breach of the Contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

11.3 No term of the Contract is intended to confer a benefit on, or be enforceable by, any person who is not a party to the Agreement (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).

11.4 If any provision of these Conditions is held by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction in whole or in part, it will not affect the validity or enforceability of the other provisions of these Conditions and the remainder of the provision in question shall not be affected nor will it affect the validy, lawfulness or enforceability of that provision in any other jurisdiction.

11.5 The Contract shall be governed by the laws of England and Wales, and you agree to submit to the exclusive jurisdiction of the English courts.

11.6 The headings in these Conditions are for convenience only and will not affect their interpretation.

11.7 You agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.