Terms and Conditions of Sale

 

GENERAL TERMS AND CONDITIONS
 
Use of Site
 

Thank you for visiting the www.silverbackchaps.com ("Website").

The use of the Website, which is owned by Silverback chaps ltd, a company having  an office at Unit 3, Station Yard, Lealholm  Whitby. North Yorkshire. YO21 2AG, ENGLAND (compnay registed at South Gables, Underhill, Glaisdale. North Yorkshire YO21 2PJ ENGLAND. Registration number 07973262 is subject to the following terms and conditions (“Terms”). Silverback Chaps may revise these Terms from time to time at its sole discretion by updating this section, with the revised Terms taking effect for all Users as of the date stated on the section.

Please read these Terms carefully before using the Site and, if you decide to provide your personal data to Silverback Chaps, also read carefully and accept the "Privacy Policy" regarding the collecting and processing of your information and personal data by Silverback Chaps.

 

The content included in the Website may contain technical inaccuracies or typographical errors. Silverback chaps assumes no liability for the accuracy and/or fitness for particular purposes of any information and elements contained in the Website. By furnishing the information and elements contained in the Website, Silverback Chaps grants no licenses to any copyrights, trademark rights or any other intellectual property rights on the information and elements contained in the Website.

IN NO EVENT WILL SILVERBACK CHAPS LTD BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE OR ANY OTHER HYPER-LINKED WEBSITES, INCLUDING, WITHOUT LIMITATION, DAMAGES SUCH AS LOSS OF PROFITS OR SALES, INTERRUPTION OF BUSINESS OR PROFESSIONAL ACTIVITY, THE LOSS OF PROGRAMS OR OTHER DATA, OF WHATEVER NATURE, ON THE USER'S INFORMATION PROCESSING SYSTEM EVEN IF SILVERBACK CHASP IS MADE EXPRESSLY AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

Information and Materials Submission

You agree that any and all information and materials, including, but not limited to, any data, questions or answers, comments, suggestions, which you transmit to Silverback Chaps through the Website, by electronic mail or otherwise, shall be considered and treated as non–confidential and non–proprietary by Silverback Chaps, except for your personal data which shall be collected and treated by Silverback Chaps in accordance with the "Privacy Policy".

By transmitting information and materials to Silverback Chaps, you automatically grant Silverback Chaps a worldwide, royalty free, perpetual, irrevocable and non-exclusive right to use such information and materials including the right to reproduce, copy, publish, edit, translate, modify, communicate, distribute and display such information and materials, alone, or as a part of other works in any form, media, or technology whether now known or hereafter developed and to sublicense such rights to anyone, without compensation to you or any other person, for any title, reason or cause.

Further, with regard to such information and materials transmitted by you, Silverback Chaps has an unlimited and irrevocable right to use any idea, concept, know-how or technique contained, expressed or implied in such information and materials, for any purpose, without any compensation to you or any other person, for any title, reason or cause.

By transmitting any information or materials to Silverback Chaps, you represent and warrant that no submission made by you breaches the rights of any third party.

Links

Silverback Chaps is in no way liable for the availability or any content of any websites accessible by means of the Website. When accessing a website through the Silverback Chaps Website you acknowledge that such site is independent from the Silverback Chaps Website. Silverback Chaps has no control over the content of any website accessible by means of the Website. Further, the presence of a link to a website other than the Silverback Chasp Website does not imply acceptance of liability by Silverback Chasp for the content or the use of such website. It is your exclusive responsibility to take all necessary precautions to ensure that whatever element or material you select for your use is free of destructive items such as viruses, worms, "Trojan horses" or similar.

Copyrights, Trademarks and other Intellectual Property Rights

The Website as a whole, and any single element on this Website, is protected by copyright, trademark rights and the other intellectual property rights either owned by Silverback Chaps or by the companies controlled by, or affiliated to, Silverback Chaps, or licensed to Silverback Chaps. Such elements include, among others, photographs, designs, testimonials, images, texts, video and audio clips, logos, trademarks and software programs used for the management and development of the Website. The elements contained in the Website are reproduced for information and/or promotional purposes only. The Website is for personal use only. You may download or copy the elements contained in the Website for personal use only, not for commercial or other purposes. As a consequence, you are not entitled to reproduce, copy, publish, transmit, distribute, modify, cancel and, in general, to perform any other activity using the elements contained in the Website (including any software used for the management and/or development of the Website) for any purposes, other than for personal use.

Termination

These Terms, and the use of the Website itself, shall be exclusively governed by the laws of the United Kingdom without regard to their conflicts of law provisions. Any disputes concerning the interpretation and execution of these terms of use of the Site, or the use of the Site itself, shall be referred exclusively to the competent courts.


General Provisions

 

TERMS AND CONDITIONS OF SALE

 

Definitions

1. Terms of Use

1.1 Use of this Site confirms your agreement to both General Terms and Conditions as well as Terms and Conditions of Sale applicable to this online shop. 

1.2 We reserve the right to change at our discretion these Terms and Conditions at any time and continued use of this website will be construed as your acceptance of any new terms. If these terms and conditions are changed in any way the date at which they were last updated will be featured at the bottom of this page. The version published on the Site is the version currently in force. Silverback Chaps invites you to periodically read the Terms and Conditions to ensure you are fully informed of any relevant and applicable changes

1.3 By using this website you agree that it is for your own non-commercial use and that whilst a visitor to this site you will not use it to infringe, restrict or abuse the rights of others, or distribute material of an illegal nature including but not restricted to obscene, defamatory, racist, xenophobic, homophobic or other discriminatory or derogatory material or material which by its nature is spam or designed for the promotion of another organisation.

1.4 You also undertake that you will not gain or attempt to gain access to our information technology systems to distribute any form of malicious software designed to affect our own information technology systems or that of any other website user. Whilst we have taken the necessary precautions to protect Silverback Chaps from malicious software, we cannot be held responsible should a third party implement any form of malicious software on the website and the resulting effects this may have on our users. We reserve the right to withdraw access to the website at our discretion if we feel an individual is in breach of our terms and conditions. As well as report to the police where necessary, the details of any user who may be criminally liable under the Computer Misuse Act 1990.

1.5 Use of this website infers an agreement to observe all relevant intellectual property rights, trademarks, copyrights and patents of ours.

1.6 We reserve the right to change or remove any part of this website or the entire website itself at any time without notice. We also reserve the right to make the website unavailable in whole or part at our discretion without notice.

 

2. Liability 

Whilst we will make every effort to ensure that our website meets the requirements set forth we can in no way be held liable except where mandated by law for losses or damages caused by the use of the Silverback Chaps online shop or any dealings with us. This does not extend to liabilities which we cannot be excluded from under all applicable legislation.

3. Indemnity 

You agree through use of this website to indemnify, defend and hold harmless Silverback Chaps, its employees, directors, agents, partners, licensees and any affiliated party from any liability through your own breach of these terms and conditions or illegal action in relation to the use of this website.


4. Waiver 

If we do not to take legal action whether it be criminal or civil against any party for breach of these terms and conditions, this does not affect our right to do so in future against the same or different parties, whether it be for breaches of a similar or differing nature.

5. Goods – Guarantee of Authenticy


All goods offered for sale on this website are official Silverback Chaps merchandise sold and we therefore guarantee the authenticity of the Goods purchased on this Website. We aim to ensure all goods are represented fairly and accurately. As such we are unable to take responsibility for any technical issues customers may have that cause an item to appear differently than it actually is.

6. Pricing 

All prices on our website are in Pounds Sterling (GBP)  unless otherwise stated. All charges will be made in Pounds Sterling (GBP) and where applicable this will then be converted to your local currency at the exchange rate applied by your card provider. We reserve the right to change, amend or alter the price of goods on this website at any time without notice. All prices displayed on the website are exclusive of Value Added Tax (VAT) at the rate applicable at the time of purchase. Please note that the final order cost is inclusive of any local import duties or taxes applicable to countries outside the European Union.

7. VAT Refunds 

As an online retailer we are not legally able to participate in the United Kingdom VAT refund scheme for orders delivered outside the European Union.


8. Promotions 

 

On occasion there may be promotional offers on goods available for sale. We withhold the right to extend, change or withdraw any promotion at any time without further notice.

 

PAYMENT

 

9. Card Payment

The Silverback Chaps Online store accepts payment by Visa, Visa Debit, MasterCard, American Express and PayPal.

10. Card Payment Processing 

 

All card payments will be processed by our partner Paypal. 

 

CONTRACT & CANCELLATION

11. The Contract and Contract Cancellation 


The offer of goods on this website or the acknowledgement of having received your request for an order does not amount to a contractual offer on our part. Acceptance of your order and the implied contractual offer will be confirmed by us via email once we despatch your order in part or full. The acceptance of your order will only pertain to the goods named within the email confirming despatch of your goods. We reserve the right not to accept your order, entirely or partially, for any commercial reason whatsoever.

12. Cancellation Policy

Under the European Distance Selling Regulations, you have up to 14 working days after you have received your delivery to cancel your order (other than in respect of goods made to your specification or have been personalized for you). Any delivery charges will be refunded. However, if only part of your order is cancelled, the delivery charge will not be refunded.

To cancel this contract, you need to do so in writing. Please email our customer service department info@silverbackchaps.com stating the order number and giving your clear instruction to cancel the order.

If you have contacted us to cancel your order before you have received your goods, unless cancellation takes place within 30 minutes of your order placement, your cancelled order may already be picked and will be delivered to you. Please refuse any delivery of cancelled goods or arrange for them to be couriered back to us by contacting our customer service team at info@silverbackchaps.com

In the meantime you must take reasonable care of the Goods.
Silverback Chaps will approve the return of the Goods only if the Goods sent back to Silverbcak Chaps are in perfect condition, new, unused and with all tags and labels attached. In such a case, Silverback Chaps will reimburse the price originally paid by crediting the refund to the card/payment method you originally used to pay for the Goods, within approximately fourteen (14) days from the date of receipt of the returned Goods unless possible delays of a technical nature occur that are not attributable to Silverback Chaps.

On the contrary, if the Goods appear to be worn or used, any of the labelling or tags are missing, do not comply with these General terms and Conditions of Sale or silverback Chaps has any reason to believe that the Goods have been altered or are imitation of the Goods or were not purchased directly through the Site, Silverback Chaps will not accept the return and will return the Goods back to you.

 

DELIVERY, RETURNS & REFUNDS

13. Delivery 

We aim to deliver in the quickest time possible and delivery timings will be provided for your country at checkout. Please note that in certain exceptional circumstances events beyond our control (known as force majeure) may prevent our couriers from delivering within a guaranteed time period.

14. Order Tracking 

Once an item has been despatched by us you can track the progress via the courier website using the link provided in your despatch confirmation email.

15. Returns and Refunds Policy 

15.1 Returns Period 

 

After receiving your goods you have 14 days within which to return them should you wish.

15.2 Returns Process 

All goods to be returned must be in the condition in which they were received, complete with all the original packaging, labelling, security tags and the appropriate returns documentation (including the original commercial invoice that you received with your goods as well as the new commercial invoice for the return journey). We cannot accept returns where the security tag has been removed. Goods must be sent by our free courier service arranged by contacting our customer service team. We recommend that you keep your courier collection receipt when returning all goods, as we cannot be held responsible for goods lost or stolen before they are received by us.

15.3 Return of Faulty Items

If an item you receive turns out to be faulty you are entitled to a full refund. Please return all goods to us with the appropriate documentation clearly marking the relevant fields.

15.4 Non-Returnable Goods 

We are unable to accept returns of personalized goods. These provisions do not affect your statutory rights.

15.5 Lost Returns Information 

If you have mislaid the returns documentation please contact our customer care team with all the details you do have.

Please note all deliveries, returns and customer queries are managed by a third party. Please only return goods using the procedure outlined above. Returns cannot be accepted at any other address associated with Silverback Chaps or any of the Brands associated with the event or that are offered for sale on this website.

15.6 Refunds

Once we have received your goods and processed your refund you will receive an email confirmation from us.

15.7 Refund Process 

Refunds will usually be processed by us within 14 days of our receipt of the returned goods and will be made to the same payment card used to pay. However please clarify with your payment provider or bank how long they will take to process the refund as this is beyond our control.


16. Guarantees 

 

We guarantee that all goods offered for sale on this website will be as described accurately and fit for the purpose described without fault in their design or manufacture.

 

17. Faulty Goods Policy

 

If for any unforeseeable reasons an item purchased from us does have a fault then we will refund the item at no cost to yourself.

 

18.Applicable Law and Jurisdiction

These General Terms and Conditions of Sale are governed by UK law. Any dispute related to the validity, 

The effective date of these Terms and Conditions is 6th December 2014

 

19. SILVERBACK CUSTOMiSED ORDERS

 

Customised items need to be individually assembled, manufactured and monitored for quality. This means that your Silverback CUSTOMiSED product takes longer to reach you. Usually it takes approximately 4-6 weeks to receive your order, depending on the order, if  ordering a BLACK EDiTION please check delivery time, as through late May and June the tannery shuts down for 4 weeks and some times stocks are low.  How ever we do try to pre order, to counter act this from happening. If you are at all worried about delivery please feel free to contact us.

 

Once a SILVERBACK CUSTOMiSED no refund will be given. As this product is bespoke to the indivdual.