1. Use of the Website
Welcome to the www.think-positive.co.uk website (the "website"). By accessing this website you agree to these terms and conditions (the"Terms"). If you do not agree to them you may not use this website and should leave it immediately.
Think-positive.co.uk is an online service of Think Positive ("Think Positive"/"We"/"our"/"us") provided solely for your personal use for the sale of jewellery, clothing, accessories and other Items ("Items").
We have taken great care to ensure that the Items on our website are presented as accurately as possible. However color clarity will depend upon your own personal monitor and we therefore cannot guarantee that the color of the actual Item is absolutely accurate. Before placing an order please read through these Terms.
To be eligible to purchase Items on this Website you must:
a. be the holder of a valid debit/credit card
b. warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects
If your personal information changes then please notify us immediately by contacting Customer Services on the following email firstname.lastname@example.org
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
By using this site you agree to comply with, and be bound by, these Terms.
We may from time to time change these Terms at our sole discretion. By using this Website after any such change(s), you agree to comply with, and be bound by, the Terms as changed.
2. Making a purchase
When you order an item from www.think-positive.co.uk you are offering to buy it for the price stated, subject to these Terms. You will be guided through the process of placing an order by a series of instructions on the Website. You place your order for Items from the Website by clicking on the [Confirm Order] button at the end of the on-line order process. Once you have placed your order, we will send you an email acknowledging the exact details of your order, providing you with a payment reference and the value of your order that will be debited from your credit/debit card. This is not an order confirmation or order acceptance from Think Positive.Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Returns policy set out in section 3b below, our acceptance of your order and the completion of the contract between you and us will take place when you receive an email from us notifying you that we have dispatched the Items ordered by you.
Our acceptance of your order will be deemed complete and received by you at the time and date of sending of the email, which time and date is specified on the email. The deemed time and date of receipt by you shall apply regardless of whether, for reasons outside our control, you have not received that email.
If you require any information regarding your order(s) please contact Customer Services by email
We may not accept your order if (i) an item you have ordered is out of stock, (ii) we are unable to obtain authorisation for your payment or (iii) if we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time and at our sole discretion.
If we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone advising you of this. See the Returns policy set out in section 3b below.
We will try to keep our Website as up to date as reasonably possible but cannot guarantee that any particular Item will always be available. If we can't supply any Item we will release the funds being held in your account for the purchase
3 Price and Delivery
All prices indicated for Items available via the Website are inclusive of V.A.T (where applicable) at the current rate and are quoted in pounds sterling.
Delivery outside the EU may be subject to local import taxes, which are your responsibility where they apply. If so, the shipping company will contact you by telephone once your Items are in customs to let you know the cost. Be aware that this may delay your delivery time as goods held at customs will be your responsibility to pay the necessary charges for local authorities to release the goods.
We ship to the following countries: Australia, Austria, Bahrain, Belgium, Bermuda, Brazil, Canada, Channel Islands, China, Cyprus, Denmark, Finland, France, Germany, Greece, Hong Kong, Iceland, Ireland, Israel, Italy, Japan, Jordan, Luxembourg, Korea, Kuwait, Macau, Mexico, Middle East, Monaco, Netherlands, New Zealand, Norway, Portugal, Saudi Arabia, Scotland, Singapore, South Africa, Spain, Sweden, Switzerland, Taiwan, Turkey, United Arab Emirates, United Kingdom, United States.
We aim to deliver your chosen items to the place and person of your choice, in perfect condition and in the shortest possible time. Our delivery charges are free to all delivery addresses. All purchases are insured by us while in transit until it is delivered to you. If you wish to track your parcel, please email us at email@example.com and we will either track your shipment for you or email you a tracking number, where possible.
Please order from www.think-positive.co.uk with enough lead-time to prevent any loss or disappointment resulting from the delivery time as Think Positive cannot be responsible for this.
If your order will not be delivered within the timeframe specified at ordering we will notify you and try to rectify the situation as quickly as is practically possible.
All new orders are deemed separate and each is treated individually.
Customer satisfaction is always our top priority, and as such we handle each query on an individual basis to the best of our ability. While we hope that you are delighted with your order, if you are not perfectly satisfied with your goods we will happily offer you a full refund or exchange.
5 Amend or cancel an order
Should you wish to cancel your order prior to dispatch or make changes to it, simply email our customer services team at firstname.lastname@example.org, who will be happy to help you with your query. Customer satisfaction is always our top priority, and as such we handle each query on an individual basis to the best of our ability. While we hope that you are delighted with your order, if you are not perfectly satisfied with your goods we will happily offer you a full refund or exchange. You can also cancel your order and obtain a full refund prior to any notification of already arranged delivery, usually within 3 day from the order. If you have any queries, or wish to discuss the returns procedure in further detail, please do not hesitate to contact us at email@example.com
Your credit card company may undertake an additional security check to confirm it is you making the order.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses, or subsequently refuses to, or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
7 Passing of property and risk
We will retain the legal ownership of the Items until full payment has been made by you and such payment has been received by us. Legal ownership of the Items will immediately revert to us if we refund any such payment to you.
Risk in the Items will pass to you on delivery to you.
8 Copyright and Trade Marks
All content available on the Website, including, but not limited to, text, graphics, logos, button, icons, images, audio clips, data compilations, and software, and the compilation thereof (the "Content") is the property of Think Positive and is protected by UK and international copyright laws.
The trade marks, logos, and service marks displayed on the Website (collectively, the "Trade Marks") are the registered and unregistered marks of Think positive, our affiliates, our licensors or our partners, in the UK and other countries, and are protected by UK and international trade mark laws. All or any other trade marks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
9 Representations and Warranties: Limitations of liability
We make no representations or warranties of any kind whatsoever, expressed or implied, in connection with these terms or the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any
a. interruption of business;
b. access delays or access interruptions to the Website;
c. data non-delivery, mis-delivery, corruption, destruction or other modification;
d. loss or damages of any sort incurred as a result of dealings with or the presence of off- Website links on the Website;
e. computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party websites;
f. any inaccuracies, omissions or misleading, false or deceptive statement in the content; or
g. events beyond our reasonable control.
Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the Website regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred pounds (£100.00). Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by applicable law.
If any provision of these Terms is held to be illegal, invalid or unenforceable in whole or in part, then these Terms shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any of the provisions of these Terms by Think Positive shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of these Terms.
No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms as regards any of the times, dates and/or periods mentioned herein.
Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
We reserve the right to change these Terms at any time and we encourage you to revisit these Terms periodically to ensure that you are at all times fully aware of our Terms. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms.
We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
We reserve the right to refuse to supply Items to any person for any reason whatsoever, to withdraw any Items from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our withdrawing of any Items from this Website whether or not such Items have been sold; removing or editing content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
11 Governing Law
Your use of this Website and any purchase by you of any Item from Think Positive shall be governed by English law and you hereto submit to the exclusive jurisdiction of the English courts.