Terms and Conditions
Thank you for using www.aztaro.com (the Website). These terms and conditions govern your use of this Website and the purchase of Goods from this Website. Please read these terms & conditions in full before you use this Website. If you do not accept these terms & conditions, please do not use this Website.
1. Definitions & Interpretation
means collectively the personal information, Payment Information and credentials used by Users to access paid Content and / or any communications System on the Website;
means any third party responsible for transporting purchased Goods from our Premises to customers;
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
means any products that Aztaro Ltd. advertises and / or makes available for sale through this Website;
means collectively any online facilities, tools, services or information that Aztaro Ltd. makes available through the Website either now or in the future;
means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
means Our place of business located at 19 Greenhill, Wembley Park HA9 9HF
means any online communications infrastructure that Aztaro Ltd. makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”
means any third party that accesses the Website and is not employed by Aztaro Ltd. and acting in the course of their employment;
means the website that you are currently using www.aztaro.com
means Aztaro Ltd. (please refer below for details)
www.aztaro.com is a Website operated by Aztaro Ltd. (trading as Aztaro). We are registered in England & Wales with registration no. 08218903 and with our Registered Office at Handel House, 95 High Street, Edgware HA8 7DB. Our Head Office is at 19 Greenhill, Wembley Park HA9 9HF. Our VAT registration no. is 176 7483 62.
2. AGE RESTRICTIONS
By placing an order through Our Website, you warrant that:
- You are legally capable of entering into binding contracts;
- You are at least 18 years old;
3. BUSINESS CUSTOMERS
These terms and conditions do not apply to customers buying Goods in the course of business. If you are a business customer please request a copy of our business terms & conditions by contacting our Head Office in London.
4. INTERNATIONAL CUSTOMERS
If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination. We are not responsible for these charges and We undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and that We cannot guarantee that the packaging of your Goods will be free of signs of tampering. Please also be aware that United Kingdom consumer protection laws may not apply.
5. COPYRIGHT/INTELLECTUAL PROPERTY
This Website and its Content is copyright of Aztaro Limited - © Aztaro 2015. All rights reserved.
Subject to the express provisions of these terms and conditions:
- We, together with Our licensors, own and control all the copyright and other intellectual property rights in Our Website and the Content on Our Website; and
- all the copyright and other intellectual property rights in Our Website and the Content on Our Website are reserved.
Any redistribution or reproduction of part or all of the Content in any form is prohibited other than the following:
- You may print or download to a local hard disk extracts for your personal and non-commercial use only
- You may copy the Content to individual third parties for their personal use, but only if you acknowledge the Website as the source of the material
You may not, except with Our express written permission, distribute or commercially exploit the Content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
You must acknowledge that all imagery, graphics, photography, designs, brand names and all other intellectual property will remain at Aztaro and/or will be upheld by their respective owners.
6. USE OF THE WEBSITE
- You agree to use the Website for lawful purposes only, and access the Website solely for your own personal use. You must not use any Content of the Website for any commercial or illegal purpose.
- Your use of the Website should in no way infringe, restrict or inhibit the use and enjoyment of this Website by any third party.
- You agree not to import or transfer to this Website, either directly or indirectly any information or content which is or may be inaccurate, misleading, defamatory, obscene or offensive, in breach of intellectual property right or damaging to the software or performance of this Website. We may terminate your use of the Website with immediate effect if you breach any of these terms.
- It is advised that submissions are made using the English language as We may be unable to respond to queries submitted in any other languages.
- The means by which you identify yourself must not violate these terms and conditions or any applicable laws.
- You must not impersonate other people, particularly employees and representatives of Aztaro Ltd. or Our affiliates.
- You must not use Our System for unauthorised mass-communication such as “spam” or “junk mail”.
- You acknowledge that We reserve the right to monitor any and all communications made to Us or using Our System.
- You acknowledge that We may retain copies of any and all communications made to Us or using Our System.
- You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
- It is your responsibility to ensure you have the appropriate hardware and software (including virus protection) to enable you to access and use this Website through your computer in a safe and secure manner. We are not responsible for any virus or bug that affects your computer or network as a result of using or downloading information from this Website.
7. AVAILABILITY OF THE WEBSITE
- Whilst We take all reasonable measures to ensure a fast and reliable service, We do not guarantee that your use of this Website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
- The Website and any Service provided therein is provided “as is” and on an “as available” basis. We give no warranty that the Website or any Service will be free of defects and / or faults. To the maximum extent permitted by the law We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- We reserve the right to suspend the Website at any time for operational, regulatory, legal or other reasons.
8. LINKS TO OTHER WEBSITEs
This Website may contain links to other sites. Any links We may provide to other websites are chosen exceptionally carefully to ensure the linked sites are appropriate and in line with Our code for undertaking commercial activity. We will not however be responsible nor liable for your use of any other website which you may access via links within Our Website. Unless expressly stated, these sites are not under the control of Aztaro Ltd. or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
9. LINKS TO THIS WEBSITE
10. WEBSITE CONTENT
We take every care to ensure all information we provide on this Website is correct and up–to-date.
- product descriptions and specifications
- pricing and delivery charges
- The use of photographic images to show accurate product detail and colour
However, due to the handmade nature of each product, descriptions and specifications on this Website are not intended to be binding and are intended only to give a general description.
Furthermore, while the colour reproduction of the products is a close representation, We cannot accept any responsibility for any variation in colour caused by software or computer system used by you, and of course due to the handmade nature of each product.
- Availability of Stock
Please note, whilst every effort is made to maintain the accuracy of Our information on available stock, on occasion discrepancies may occur. Should you place an order for an item displayed as available on Our Website, and in fact this item is out of stock, We will notify you as soon as possible.
- At any given time information posted on Our Website may be subject to inaccuracy or may be out of date.
- All Content provided on the Website is subject to change without prior notice.
- Aztaro Ltd. intends to use its Content to enhance and improve the shopping and purchasing experience on its Website. In no way is the Content used on Our Website intended to offend any of Our visitors and/or customers.
- In order to purchase Goods on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require Payment Information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
- all information you submit is accurate and truthful;
- you have permission to submit Payment Information where permission may be required; and
- you will keep this information accurate and up-to-date.
- Your creation of an Account is further affirmation of your representation and warranty.
- It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying Us of the unauthorised nature of the purchase, refer to our Refunds Policy.
- When choosing your username you are required to adhere to the terms set out in paragraph 6 above. Any failure to do so could result in the suspension and/or deletion of your Account.
12. TERMINATION & CANCELLATION OF ACCOUNTS
- Either Aztaro Ltd. or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
- If We terminate your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
- We reserve the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
- If purchases are cancelled for any reason prior to dispatch you will be refunded any sums paid in relation to those purchases within 14 calendar days.
- If you terminate your Account, any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases within 14 calendar days.
13. TERMS & CONDITIONS OF SALE
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending an order confirmation email to you indicating that your order has been fulfilled and is on its way to you.
- After placing an order, you will receive an automated e-mail from Us acknowledging that We have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to Us to buy Goods. All orders are subject to acceptance by Us, and We will confirm such acceptance to you by sending you an e-mail that confirms that the Goods have been dispatched (the Dispatch Confirmation). The contract between us will only be formed when We send you the Dispatch Confirmation.
- The contract will relate only to those Goods whose dispatch We have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.
- Once we have accepted your order it becomes a binding contract, subject to your rights of cancellation.
- Non-acceptance of an order by Us will occur in circumstances whereby We identify a pricing or product description error; the ordered Goods are out of stock or unavailable; or if We are unable to obtain authorisation for your payment. We reserve the right to cancel your order without liability. In such circumstances We shall let you know as soon as possible.
- If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
- We reserve the right to withdraw any Goods from the Website at any time and/or remove or edit any Content, therefore, prices and availability of Goods are subject to change without notice.
14. CONSUMER RIGHTS
- If you are contracting as a consumer, you may cancel a Contract at any time within 14 working days, beginning on the day after you received the Goods. In this case, you will receive a full refund of the price paid for the Goods in accordance with our refunds policy (set out in paragraph 16 below).
- To cancel a Contract, you must inform Us in writing and return the Goods to Us immediately, in the same condition in which you received them, and at your own cost and risk.
- You will not have any right to cancel a Contract for the supply of any bespoke Goods that are manufactured to be client specific by virtue of specific design requests or for commercial use.
- This provision does not affect your statutory rights.
We aim to dispatch all orders within 48 hrs and you should receive the Goods purchased by you within 3-5 working days if you are resident in the UK. For more details on delivery rates and delivery times please refer to our Delivery Guide.
Occasionally, it may take longer to deliver the Goods purchased by you, but no longer than 30 calendar days of the Dispatch Confirmation unless there are exceptional circumstances.
The risk in the Goods shall remain with Us until they come into your physical possession.
16. PRICE AND PAYMENT
- The price of any Goods will be as quoted on Our Website, except in cases of obvious error.
- These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.
- Prices are liable to change at any time, but changes will not affect orders in respect of which We have already sent you a Dispatch Confirmation.
- Our Website contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on Our Website may be incorrectly priced. We will normally verify prices as part of Our dispatch procedures so that, where the Goods correct price is less than our stated price, We will charge the lower amount when dispatching the Goods to you. If the Goods correct price is higher than the price stated on Our Website, We will normally, at Our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.
- We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after We have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as mis-pricing.
- Payment for all Goods must be by credit or debit card. We accept payment with Visa & Mastercard. We will not charge your credit or debit card until We dispatch your order.
17. OUR RETURNS POLICY
Aztaro aims to always provide Goods of exceptional quality and design that are fault free and undamaged. On occasion however, Goods may need to be returned.
- If you receive Goods which do not match those that you ordered, you should contact Us within 14 calendar days to arrange collection and return. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. If the card has expired, we will offer bank transfer as an alternative. Replacements/Refunds will be issued upon Our receipt of the returned Goods. We are fully responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. The packaging does not need to be unopened. Refunds will be issued as soon as possible and in any event no later than 30 calendar days after receipt of the returned Goods.
- If Goods are damaged in transit and the damage is apparent on delivery, you should sign any applicable delivery note to the effect that the Goods have been damaged. To return the damaged Goods, please contact Us within 14 calendar days to arrange collection and return. You will be given the option to have the Goods replaced (if available) or to be refunded through the payment method used by you when purchasing the Goods. If the card has expired, we will offer bank transfer as an alternative. We are fully responsible for paying shipment costs. Replacements will be issued upon Our receipt of the returned Goods. Refunds will be issued as soon as possible and in any event no later than 30 calendar days after receipt of the returned Goods.
- If any Goods you have purchased have faults when they are delivered to you, you should contact Us within 14 calendar days to arrange collection and return. You will be given the option to have the Goods replaced(if available) or to be refunded through the payment method used by you when purchasing the Goods. If the card has expired, we will offer bank transfer as an alternative. We are fully responsible for paying shipment costs. Replacements will be issued upon Our receipt of the returned Goods. Refunds will be issued as soon as possible and in any event no later than 30 calendar days after receipt of the returned Goods.
- If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 14 calendar days after the Goods have been delivered to you. If the Goods are delivered to you in instalments, the 14 calendar day period begins on the day that you receive the final instalment. If you change your mind about the Goods within this period, please inform Us within 14 calendar days of receipt. Goods must be returned to Us within 14 calendar days of the day on which you inform Us that you wish to return the Goods. You are responsible for paying return shipment costs if Goods are returned for this reason. Refunds will be issued as soon as possible and in any event no later than 30 calendar days after receipt of the returned Goods and will not include delivery charges. Please note we will not be responsible for items lost in transit during return, even if the service is provided by our Carrier.
- Aztaro may not be able to accept returns under the cooling off period of the following types of Goods and/or taking into account the following circumstances:
- Goods made to your specifications or that have been personalised;
- Any use or enjoyment that you may have already had out of the Goods beyond handling them to the extent necessary to establish the nature, characteristics and functioning of them (such as you would, for example, handle a display item in a shop).
- If any Goods you have purchased develop faults within 21 calendar days of delivery, you may be entitled to a replacement but not a refund. In order to arrange for such a replacement you should contact Us within the 21 calendar day period to arrange collection and return. We will assess the Goods and alleged faults upon receipt and if We conclude (at Our sole discretion, acting reasonably and in good faith) determine that the fault is not a result of mistreatment by you (deliberate, negligent or otherwise), We will issue replacement Goods at no additional cost to you.
- If any Goods develop faults beyond 21 calendar days from delivery but within their warranty period, you are entitled to a repair or replacement under the terms of that warranty. Aztaro Ltd. is not a party to such warranties and you must therefore contact the manufacturer of the Goods directly.
18. OUR LIABILITY
We warrant to you that any Goods purchased from Us through Our Website are of satisfactory quality.
Our liability in connection with any Goods purchased through Our Website is strictly limited to the purchase price of those Goods.
This does not include or limit in any way Our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for Us to exclude, or attempt to exclude, Our liability.
We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
19. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications We send to you should be in writing. When using Our Website, you accept that communication with Us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on Our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 19.
Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
21. TRANSFER OF RIGHTS AND OBLIGATIONS
- The contract between you and us is binding on you and Us and on Our respective successors and assigns.
- You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without Our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of Our rights or obligations arising under it, at any time during the term of the Contract.
22. 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 events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the Contract may be performed despite the Force Majeure Event.
If We fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by Us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 19 above.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
25. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Goods from Us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these terms and conditions before We send you the Dispatch Confirmation (in which case We have the right to assume that you have accepted the change to the terms and conditions, unless you notify Us to the contrary within 7 working days of receipt by you of the Goods).
We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of Our services.
No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
No part of this Website is intended to constitute a contractual offer capable of acceptance.
Whilst We use all reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
27. LAW AND JURISDICTION
Contracts for the purchase of Goods through Our Website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
28. OTHER INFORMATION
We may not necessarily keep a copy of these terms and conditions with your order. We advise you to print a copy of them for your information in the future.
29. ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of Contract as provided in these terms and conditions.