By visiting AubinandWills.com, you are accepting and consenting to the practices described in the Terms and Conditions. Jack Wills Limited website(s) (our "Site" or "Sites") and related services are made available to you pursuant to the following Terms and Conditions. We may modify the Terms and Conditions from time to time, and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified Terms and Conditions.
For those persons wishing to use our services, they must read and agree to be bound by our policies relating to those services. In particular, we draw you attention to our policies relating to the terms of purchase and our Privacy Policy. If you are under 18, you must let your parent or guardian know about Aubin & Wills Privacy Policy before you register to use this Site or any of this Site's services.
Please read the Terms and Conditions and check back often. If you do not agree to any change to the Terms and Conditions, then you must immediately stop using the Site.
REGISTRATION | ELIGIBILITY TO PURCHASE | ORDERS | ACCEPTANCE OF YOUR ORDER | PAYMENT | INTELLECTUAL PROPERTIES RIGHTS | CONTENT | NO COMMERCIAL USE | YOUR ACTIVITY | THIRD PARTY | GENERAL INDEMNIFICATION | OUR RELATIONSHIP | ENTIRE AGREEMENT | NO WAIVER | GOVERNING LAW
REGISTRATION
To use some of the services or features made available to you on this Site, you will need to register. We may change registration requirements from time to time. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address aubin@aubinandwills.com. You may also want to view our Privacy Policy.
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ELIGIBILITY TO PURCHASE
The purchase of merchandise through Aubin & Wills Limited is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with English law.
In order to make purchases through the Site, you will be requested to register and provide your personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the Aubin & Wills terms of eligibility, who have been issued a valid credit card by a bank acceptable to Aubin & Wills, whose applications are acceptable to Aubin & Wills and who have authorised Aubin & Wills to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase. Purchases made on the site are for the personal or gift use of the buyer only and are not to be used for re-sale, commercial purposes or any other commercial benefit. Aubin & Wills reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
Moreover, by making an offer to purchase merchandise, you expressly authorise us to perform credit checks and, where Aubin & Wills feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
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ORDERS
All orders are subject to acceptance and availability.
If you have registered your email address for notification of the arrival of a specific product featured on our website, we will attempt to notify you by email within 48 hours of the product becoming available on the site. Please note that on occasion certain products that are in particularly high demand will sell out during this period.
Prices shown on the site are in GBP and are inclusive of VAT unless an alternative country has been selected by the customer, as indicated in the top left hand corner of the website. All prices and offers remain valid as advertised from time to time. The GBP price of a product displayed on the website at the time the order is accepted will be honoured. If you are buying from outside the UK, you will also incur carriage costs and any duties for the UK. Aubin & Wills will not be responsible for any import duties on international orders.
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ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order. Unless you cancel your order, acceptance of your order and completion of the contract between you and Aubin & Wills will be perfected when we despatch the goods to you. The sale contract is therefore concluded in London, England and the language of the contract is English.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out above.
Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
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PAYMENT
Payment can be made by Visa, Visa Electron, MasterCard, Delta, and Maestro debit cards. Payment will be debited and cleared from your account upon receipt of your order by Aubin & Wills. You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Aubin & Wills, we will not be liable for any delay or non-delivery.
We take all reasonable care to make our Site as secure as we can make it. All credit card transactions on this site are processed using Barclays Bank Merchant Services, a secure online payment gateway that encrypts your card details in a secure host environment. We will also give you the opportunity to securely store your credit card details on our systems. These details will be fully encrypted and only used to process card transactions.
To help ensure that your shopping experience is safe, simple and secure Aubin & Wills uses Secure Socket Layer (SSL) technology.
Furthermore, 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 Site.
Aubin & Wills will store a record of your transactions for a minimum of one year.
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INTELLECTUAL PROPERTIES RIGHTS
You acknowledge and agree that all copyright, designs, trademarks and all other intellectual property and material rights relating to the Content as herein described, including Aubin & Wills Software and all HTML and other code contained in this Site, shall remain at all times vested in Aubin & Wills and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by Aubin & Wills and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
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CONTENT
In addition to the Intellectual property rights mentioned above, Content is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Aubin & Wills tries to ensure that the information on this site is accurate and complete. Aubin & Wills does not warrant or represent that Aubin & Wills’ Content is accurate, error-free or reliable or that your use of Aubin & Wills’ Content will not infringe rights of third parties. Your use of the Web Site is at your risk. Aubin & Wills does not warrant that the functional aspects of the Web Site or Aubin & Wills’ Content will be error free or that this Web Site, Aubin & Wills Content or the server that makes it available are free of viruses or other harmful components. If your use of this Web Site, or Aubin & Wills Content results in the need for servicing or replacing property, material, equipment or data, Aubin & Wills is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to you "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. Aubin & Wills and its suppliers make no warranties about Aubin & Wills Content, software text, downloads, graphics, and links, or about results to be obtained from using the Web Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. Aubin & Wills reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that Aubin & Wills is not liable to you or any third party for any such withdrawal.
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NO COMMERCIAL USE
This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
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YOUR ACTIVITY
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
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THIRD PARTY
We may include hyperlinks on this Site to other websites or resources operated by parties other than Aubin & Wills. Aubin & Wills has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
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GENERAL
While Aubin & Wills will use reasonable endeavours to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these Terms and Conditions shall limit your rights as a consumer under English law.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.
You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the Terms and Conditions.
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INDEMNIFICATION
At our request, you agree fully to defend, indemnify and hold harmless Aubin & Wills immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms and Conditions by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder.
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OUR RELATIONSHIP
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Aubin & Wills as a result of the Terms and Conditions or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Aubin & Wills, and we shall not be liable for any representation, act, or omission on your part.
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ENTIRE AGREEMENT
The Terms and Conditions (as amended from time to time) constitutes the entire agreement between you and Aubin & Wills regarding your use of this Site, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and Aubin & Wills in relation to such matters. In the event any other rules, code of conduct, or other matter posted on this Site conflicts with the terms of the Terms and Conditions, the Terms and Conditions shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the Terms and Conditions. You confirm that, in agreeing to accept the Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in the Terms and Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the Terms and Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the Terms and Conditions.
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NO WAIVER
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
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GOVERNING LAW
The Terms and Conditionstogether with all our policies and procedures will be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
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Aubin & Wills is a registered trademark of Jack Wills Ltd. 22 Fore Street, Salcombe, TQ8 8ET.
Registered in England. Company No: 3504842
