IMPORTANT: PLEASE READ
WE DRAW YOUR ATTENTION TO THESE TERMS AND CONDITIONS WHICH APPLY WHENEVER YOU BUY GOODS FROM US ONLINE. PLEASE READ THEM VERY CAREFULLY BEFORE YOU PROCEED TO MAKE YOUR PURCHASE BECAUSE THEY EXPLAIN IMPORTANT INFORMATION ABOUT THE BASIS ON WHICH WE WILL SELL GOODS TO YOU.
BY PLACING AN ORDER YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
YOU SHOULD PRINT AND KEEP A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
In these Terms:
- "Website" means Our website at gooners.online
- "Goods" means the goods which We will supply to You in accordance with these Terms and Conditions.
- "Order" means an order which You place with Us detailing the Goods You wish to buy from Us.
- "We/Us/Our" means eplurinum Limited (registered in England and Wales with company number 09079822 VAT No 191 0883 00
- “You/Your" means you, the person using Our Website and/or buying Goods from Us.
- 1.1 These terms and conditions shall govern the sale and purchase of services through our website.
- 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 Contracts (Information, Cancellation and Additional Charges) Regulations 2013).
2.1 In these terms and conditions:
- (a) "we" means eplurinum ltd; and
- (b) "you" means our customer or prospective customer, and "us", "our" and "your" should be construed accordingly.
3. Order process
- 3.1 The advertising of services 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 services from us, the following steps must be taken: you must select the services you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
- 4.1 The following types of services are or may be available on our website from time to time: fan domains, personal domains and associated software services.
- 4.2 We may periodically change the services available on our website, and we do not undertake to continue to supply any particular service or type of service.
- 5.1 Our prices are quoted on our website.
- 5.2 We will from time to time change the prices quoted 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 exclusive of VAT
- 5.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
- 6.1 You must, during the checkout process, pay the prices of the services you order.
- 6.2 Payments may be made by any of the permitted methods specified on our website from time to time.
- 6.3 If you 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 services ordered and/or by written notice to you at any time cancel the contract of sale for the services.
- 6.4 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:
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 6.4.
- (a) an amount equal to the amount of the charge-back;
- (b) 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);
- (c) an administration fee of GBP 25.00 including VAT; and
- (d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),
7. Distance contracts: cancellation right
- 7.1 This Section 7 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
7.2 You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:
- (a) beginning upon the submission of your offer; and
- (b) ending at the end of 14 days after the date of the confirmation of order.
- 7.3 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 8, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation function in the control panel. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
- 7.4 If you cancel a contract on the basis described in this Section 7, You must comply with your obligations referred to in this Section 7 without undue delay and in any event not later than 14 days after the date of the order confirmation
- 7.5 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
8. Warranties and representations
You warrant and represent to us that:
- (a) you are legally capable of entering into binding contracts;
- (b) you have full authority, power and capacity to agree to these terms and conditions;
- (c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
- (d) you will be able to take delivery of the services in accordance with these terms and conditions.
We warrant to you that:
- (a) we have the right to sell the services that you buy;
- (b) the services we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
- (c) you shall enjoy quiet possession of the services you buy, except as specified in these terms and conditions;
- (d) the services you buy will correspond to any description published on our website; and
- (e) the services you buy will be of satisfactory quality.
- 8.3 All of our warranties and representations relating to the supply of services are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 11.1, all other warranties and representations are expressly excluded.
9. Limitations and exclusions of liability
Nothing in these terms and conditions will:
and, if you are a consumer, your statutory rights will not be excluded or
limited by these terms and conditions, except to the extent permitted by
- (a) limit or exclude any liability for death or personal injury resulting from negligence;
- (b) limit or exclude any liability for fraud or fraudulent misrepresentation;
- (c) limit any liabilities in any way that is not permitted under applicable law; or
- (d) exclude any liabilities that may not be excluded under applicable law,
The limitations and exclusions of liability set out in this Section 11 and
elsewhere in these terms and conditions:
- (a) are subject to Section 11.1; and
- (b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
- 9.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
- 9.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
- 9.5 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
Our aggregate liability to you in respect of any contract to purchase services
from us under these terms and conditions shall not exceed the greater of:
- (a) £5.00; and
- (b) the total amount paid and payable to us under the contract.
10. Order cancellation
We may cancel a contract under these terms and conditions immediately, by
giving you written notice of termination, if:
- (a) you fail to pay, on time and in full, any amount due to us under the contract; or
- (b) you commit any breach of the terms of the contract.
- 10.2 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or services, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
11. Consequences of order cancellation
If a contract under these terms and conditions is cancelled in accordance
with Section 10:
- (a) we will cease to have any obligation to deliver services which are undelivered at the date of cancellation;
- (b) you will continue to have an obligation where applicable to pay for services which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the services); and
- (c) all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 11, 16, 17, 18, 19, 20 and 21 will survive termination and continue in effect indefinitely.
- 12.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
- 12.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in services.
- 12.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the services.
- 14.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
- 14.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
- 14.1 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.
- 14.2 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.
15. No waivers
- 15.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
- 15.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.
- 16.1 If a provision of a contract under 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.
- 16.2 If any unlawful and/or unenforceable provision of a contract under 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.
17. Third party rights
- 17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
- 17.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
18. Entire agreement
- 18.1 Subject to Section 11.1, these terms and conditions shall constitute the entire agreement between you and us in relation to the sale and purchase of our services and shall supersede all previous agreements between you and us in relation to the sale and purchase of our services.
19. Law and jurisdiction
- 19.1 A contract under these terms and conditions shall be governed by and construed in accordance with English law.
- 19.2 Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of [England].
20. Statutory and regulatory disclosures
eplurinum ltd, third floor, 207 Regent St., London W1B 2HH
- 20.1 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.
- 20.2 These terms and conditions are available in the English language only.