Terms of Conditions of Sales

Terms of Conditions of Sales

www.zippo.co.uk

Version Date: April 22, 2014

1. Introduction

1.1 These terms and conditions govern the sale and purchase of products through our website and by consumers via telephone.

1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.

1.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Sale of Goods Act 1979 or the Consumer Protection (Distance Selling) Regulations 2000).

2. Interpretation

2.1 In these terms and conditions:

  • "we" means Zippo UK Ltd; and
  • "you" means our customer or prospective customer,
    and "us", "our" and "your" should be construed accordingly.

2.2 Any reference in these terms and conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-entacted or extended at the relevant time.

3. Order process

3.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.

3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.

3.3 To enter into a contract through our website to purchase products from us, the following steps must be taken:

  • CHOOSE PRODUCTS AND PROCEED TO CHECKOUT: Add the products you wish to purchase to your shopping cart, and then proceed to the checkout.
  • CREATE OR LOGIN TO YOUR ZIPPO UK ACCOUNT (OPTIONAL): You have the option of creating or logging into your Zippo UK account, where you can store billing and delivery details (other than credit card
    data, which are not input or stored on our system).
  • INPUT/REVIEW DELIVERY AND BILLING DETAILS: You must input your delivery and billing details. If you are logged into your Zippo UK account, you can instead confirm/select previously stored delivery and/or billing details.
  • SELECT METHOD OF DELIVERY: Select your preferred method of delivery
  • REVIEW AND CONFIRM YOUR ORDER, AND ACCEPT THESE TERMS OF SALE: Your order details will then be presented to you, and may be edited as described in Clause 3.4, below. Once you are satisfied with the order details, you must then confirm your order and your consent to these Terms and Conditions of Sale, and click on the “Checkout” button at which point your order will be placed which constitutes a binding offer to purchase the goods.
  • PAYMENT: To the extent you are paying with a Zippo UK eGift Card, payment will be processed on our website. To the extent you are paying via any other accepted means, you will be transferred to our payment service provider's website, and our payment service provider will handle your payment.
  • ORDER CONFIRMATION: We will then send you an order confirmation (“Order Confirmation”), which shall constitute our acceptance of your order and, subject to Clause 3.5, shall create a contract which is subject to these terms and conditions (the “Contract”).

3.4 You will have the opportunity to identify and correct input errors prior to making your order by editing the content of your shopping cart and delivery and billing details, as necessary, via links on the data-entry confirmation page presented prior to you confirming your order and consent to these Terms and Conditions of Sale.

3.5 Acceptance of your order is not a guarantee by us of the availability of the goods and all acceptances are conditional on availability of the goods.

3.6 Purchases of, and purchases made with, Zippo UK eGift Cards are subject to the Zippo UK eGift Card Supplemental Terms of Sale (in addition to these Terms and Conditions of Sale), available for review at zippo.co.uk/giftcards. Purchase or use of a Zippo UK eGift Card constitutes acceptance of those Supplemental Terms of Sale. The Zippo UK eGift Card Supplemental Terms of Sale are incorporated herein and made a part hereof by reference.

3.7 If the goods which you have ordered are not available, we shall inform you of this as soon as possible, but in any event within seven (7) days from when you placed your order.

3.8 If you are an individual purchasing as a consumer (as defined by the Consumer Protection (Distance Selling) Regulations 2000) you must be over eighteen (18) years of age before you can purchase goods from us.

4. Products

4.1 The following types of products are or may be available on our website from time to time: Zippo® lighters, outdoor gear, watches, writing implements, supplies, accessories, gifts and apparel.

4.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product. We reserve the right in our absolute discretion to make any changes to the goods which do not in our opinion affect the quality of the goods.

4.3 All illustrations, dimensions, weights and capacities listed on the website, or in any catalogue, price list or other advertisement are intended merely to present a general idea of the goods described and shall not form part of the contract.

4.4 Any typographical, clerical or other error or omission on the website 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.

4.5 Our employees and agents are not authorised to make any representations concerning the goods unless confirmed by us in the Order Confirmation. In entering into the Contract, you acknowledge that you do not rely on any such representations which are not confirmed in the Order Confirmation.

5. Prices

5.1 The prices of our products are stated on our website.

5.2 We will from time to time change the product prices stated on our website, but this will not affect contracts that have previously come into force.

5.3 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.

5.4 In addition to the price of the products, you will have to pay a delivery charge, which will be notified to you before the Contract comes into force.

6. Payments

6.1 You must, during the checkout process, pay the prices of the products you order.

6.2 Payments must be made in pounds sterling by any of the permitted methods specified on our website from time to time.

6.3 Payment by any UK credit card, or debit card or corporate purchasing card is subject to authorisation by the credit card issuer. If such authorisation is refused to us, we will not be liable for any delay or non-delivery of the goods and the order will be deemed to be cancelled.

6.4 If you fail (or we reasonably believe that you will fail) to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products. All outstanding sums shall be due immediately if the Contract is terminated by us for any reason detailed in Section 12.

6.5 Payment of the price shall be the essence of the Contract.

6.6 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

  • an amount equal to the amount of the charge-back;
  • all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
  • an administration fee of GBP 25.00 including VAT; and
  • all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Clause 6.6 (including without limitation legal fees and debt collection fees),

and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.6.

6.7 If you fail to pay us any sum due pursuant to the Contract, you will be liable to pay interest to us on such sum from the due date for payment at an annual rate of four per cent 4% above the base lending rate of Barclays Bank PLC from time to time accruing on a daily basis until payment is made in full (whether before or after judgement).

7. Deliveries

7.1 Our policies and procedures relating to the delivery of products are set out in our Delivery Policy document available at Delivery Policy.

8. Distance selling: right of cancellation

8.1 This Section 8 applies if and only if you contract with us as a consumer

8.2 Under the Consumer Protection (Distance Selling) Regulations 2000, consumers have a legal right to cancel any distance contract to purchase a product or products from us at any time within the period.

  • beginning upon the conclusion of the Contract under these terms and conditions; and
  • ending after a period of 7 working days beginning with the day after the day on which you receive the product or products (and working days means that Saturdays, Sundays or public holidays are not included in this period).
    subject to the limitations set out in this Section.

8.3 You will not have any legal right to cancel a Contract if it relates to:

  • the supply of any productions which constitute audio or video recordings or computer software which have been opened or unsealed by you:
  • the supply of products the price of which is dependent upon fluctuations in financial markets and we cannot control:
  • the supply of newspapers, periodicals or magazines:
  • the supply of goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly: and
  • the supply of goods made to your specifications of clearly personalised.

8.4 To cancel a Contract on the basis described in this Section 8, you must give to us written notice of cancellation, which may be sent to

Zippo UK,
Barley Mow Centre,
10 Barley Mow Passage,
Chiswick London
W4 4PH or sales@zippo.co.uk.

You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date your sent us the email or posted the letter to us.

8.5 If you cancel a Contract on the basis described in this Section 8, and you have received the product or products, you must return the product or products to us. While the product or products are in your possession, you have a legal obligation to take reasonable care of them.

8.6 If you cancel a Contract on the basis describe in this Section 8, then subject to our Returns Policy, you will receive a full refund of the amount you paid, including the cost of sending the product or products to you: however, you will be responsible for paying the cost of sending the product or products to us. But if you returned a product or products because they were faulty or mis-described, we will refund the full amount you paid plus any delivery charges and any reasonable costs in returning the product or products to us.

8.7 If you cancel a Contract on the basis described in this Section 8 and you do not return the product or products to us, we may recover the product or products and charge you for the costs we incur in doing so: similarly, if you return the product or products at our expense, we may pass that expense on to you.

8.8 We will usually refund money using the same method used to make the payment.

8.9 We will process the refund due to you as a result of a cancellation on the basis described in the Section 8 as soon as possible and, in any case within the period of 30 days of the day on which you gave us valid notice of cancellation. Advice about your legal right to cancel the contract is available from you local Citizens" Advice Bureau or Trading Standards office.

9 Warranties and representations

9.1 You warrant and represent to us that:

  • you are legally capable of entering into binding contracts;
  • you have full authority, power and capacity to agree to these terms and conditions:
  • all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading: and
  • you will be able to take delivery of the products in accordance with these terms and conditions and our Delivery Policy.

9.2 If you discover a fault with the product or products and wish to make a claim to us should give us written notice to us stating: your name and address, the name of the catalogue number of the defective goods, the date of delivery and defect complained of.

9.3 We will note be liable for any defective product or products where and to the extent that the defect arises as a result of:

  • the conditions of your premises:
  • your negligence or (if you are in business) the negligence of your employees or subcontractors;
  • fair wear and tear, accident, misuse, wilful damage or abnormal working conditions:
  • any defective parts, materials or equipment used in conjunction with the goods not manufactured by us;
  • you failing to follow our instrucitons (whether oral or in writing) as to the storage, assembly, installation, commissioning, use or maintenance of the good; and/or

9.4 If we are not the manufacturer of the goods, you many be covered by the manufacturer's warranty. Such warranty, if applicable to your purchase, is described on the Guarantee page of our website. If you are a consumer, a manufacturer's guarantee is in addition to your legal rights if the product or products are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office

10. Limitations and exclusions of liability

10.1 If we do not comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

10.2 We only supply the product or products for domestic and private use. You agree not to use the product or products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10.3 We do not in any way exclude or limit our liability for:

  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation;
  • any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
  • any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
  • defective products under the Consumer Protection Act 1987.

11. Force Majeure

11.1 We shall not be liable to you or be deemed to be in breach of any Contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the sale of the goods if the delay or failure was due to any of the following acts of force majeure beyond our reasonable control:

  • act of God, explosion, flood, tempest, fire or accident;
  • war or threat of war, terrorism, sabotage, insurrection, civil disturbance or requisition;
  • acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental,parliamentary or local authority;
  • import or export regulations or embargoes;
  • strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
  • difficulties in obtaining raw materials, labour, fuel, parts of machinery;
  • power failure or breakdown in machinery.

11.2 If any of the circumstances detailed in clause 11.1 should arise, we shall have the right to cancel or suspend the Contract and/or defer delivery without incurring any liability of any nature to you. If such event detailed in clause 11.1 exceeds a period of one (1) month from you placing the order, we shall notify you. You shall then be entitled to cancel your order without any liability to us and we shall refund to you any part of the price paid in relation to such cancellation or suspension.

12. Order cancellation

12.1 We may, without prejudice to any rights or remedies which we may have against you, defer or cancel any Contract made under these terms and conditions immediately, by giving you written notice, if:

  • you fail to pay, on time and in full, any amount due to us under the Contract; or
  • you commit any breach of the terms of the contract; or
  • we discover that we can’t deliver your order within a reasonable time due to non-availability, in which case we will not process your order and shall refund you in respect of any amounts you have paid to us; or
  • You (if you are in business) enter into any compromise or arrangement with your creditors, or if an order is made or an effective resolution is passed for your winding up (except for the purposes of amalgamation or reconstruction as a solvent company) or if a petition is presented to court, or if a receiver, manager, administrative receiver or administrator is appointed in respect of the whole or any part of your undertaking or assets; or
  • you (if you are in business) cease or threaten to cease to carry on your business; or
  • you (if you are an individual) are made bankrupt or have entered into an individual voluntary arrangement with your creditors or any informal arrangement with your creditors.

12.2 We may cancel a Contract made under these terms and conditions as otherwise provided in these Terms and Conditions of Sale or in any document referenced herein and made a part hereof.

13. Consequences of order cancellation

13.1 If a Contract made under these terms and conditions is cancelled in accordance with Section 12:

  • we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
  • you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
  • all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.6, 9.3, 10, 14, 17, 18, 19, 20, 21 and 22 will survive termination and continue in effect indefinitely.

14. Indemnity

You shall indemnify us in full against and hold us harmless from all claims, costs, damages, liabilities, expenses (including without limitation legal expenses) demands and judgements awarded against or incurred or paid by us as a result of or in connection with any and all of your acts, inactions and/or omissions (and if you are in business, the acts, inactions and omissions of your employees, agents and subcontractors).

15. Scope

15.1 These terms and conditions do not constitute or contain any assignment or licence of any intellectual property rights.

15.2 These terms and conditions do not govern the licensing of works (including software and literary works) comprised or stored in products.

15.3 These terms and conditions do not govern the provision of any services by us or any third party in relation to the products (other than delivery services).

16. Variation

16.1 We may revise these terms and conditions from time to time by publishing a new version on our website.

16.2 A revision of these terms and conditions will govern contracts made under these terms and conditions at any time following the time of the revision, but will not affect contracts made before the time of the revision.

17. Assignment

17.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

17.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

18. No waivers

18.1 No breach of any provision of these terms and conditions will be waived except with the express written consent of the party not in breach.

18.2 No waiver by us of any breach of any provision of these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or a waiver of any other provision of these terms and conditions.

19. Severability

19.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

19.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

20. Third party rights

20.1 These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.

20.2 The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.

21. Entire agreement

21.1 These terms and conditions, together with our Delivery Policy (available via link at Delivery Policy)our Returns Policy (available via link at Returns Policy and our Zippo Uk eGift Card Supplemental Term of Sale (available via link at zippo.co.uk/giftcards ) constitute the entire agreement between you and us in relation to the sale and purchase of our products and supersede all previous agreements between you and us in relation to the sale and purchase of our products.

22. Law and jurisdiction

22.1 These terms and conditions shall be governed by and construed in accordance with the law of your country of residence for UK residents, and England for non-UK residents.

22.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of your country of residence for UK residents, and London, England for non-UK residents.

23. Statutory and regulatory disclosures

23.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

23.2 These terms and conditions are available in the English language only.

23.3 Our VAT number is gb832629032.

24. Our details

24.1 This website is owned and operated by Zippo UK Ltd.

24.2 We are registered in England and Wales under registration number 545691, and our registered office and principal place of business is at Barley Mow Centre, 10 Barley Mow Passage, London, W4 4PH.

24.3 You can contact us by writing to the business address given above, by using our website contact form, by email to sales@zippo.co.uk or by telephone on 0208 964 0666.