The Legal Part

Welcome

Welcome to the Samurai-Armour.co.uk website terms and conditions for use. These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you, agree to be bound by the terms and conditions set out herein. Please read the following terms and conditions carefully. By placing an order from our website you are deemed to have accepted these terms and conditions. If you do not agree to be bound by these terms and conditions you may not use or access this Website. Before you place an order, if you have any questions relating to these terms and conditions please contact us by email at info@Samurai-armour.co.uk

Definitions

"Seller" means Samurai-armour. "Buyer" means the person, firm or company purchasing the Goods from the Seller. "Goods" means goods or any part thereof to be supplied by the Seller to or for the Buyer. "Order Acknowledgement" means a written acknowledgement of the Goods ordered. "Conditions" means these terms and conditions and the Special Conditions; "Product" means a product displayed for sale on the Website; "Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided; "Special Conditions" means the terms and conditions in the Product Description; "Users" means the users of the Website collectively; "Personal Information" means the details provided by you on order; "An Act of Insolvency" means in the case of an individual Buyer becoming bankrupt or being the recipient of a statutory demand which is not satisfied within the period specified therein or applying for an interim order within the meaning of the Insolvency Act 1986 and in the case of a corporate Buyer means entering into liquidation whether compulsory or voluntarily (but not for the amalgamation or reconstruction of a solvent company) or having a receiver or administrative receiver appointed or being subject to a petition for the appointment of an administrator or in both cases means entering into any arrangement with creditors or having distress or execution levied on the Buyer's goods."We/us" means Samurai-armour; "Website" means the website located at www.Samurai-armour.co.uk or any subsequent URL which may replace it; "Cookies" means small text files which our Website may place on your computer's hard drive to store information about your shopping session and to identify your computer; "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands and "You" means a user of this Website.

Use of the website

You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions. Use of the Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. We reserve the right to:

- modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or

- change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

Information on this website may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. The Samurai-armour.co.uk reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Samurai-armour.co.uk believes that customer conduct violates applicable law or is harmful to the interests of Samurai-armour.co.uk.

Third party links

To provide increased value to our Customers and Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website, we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these 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 advertising, content, products, goods or other materials or services available on such external websites or resources. Reference to or use of any product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Samurai-armour.co.uk.

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Indemnity

The Buyer shall keep the Seller and all its employees, agents and suppliers indemnified immediately on demand, from and against all costs, claims, demands, damages, losses, expenses, fines, penalties and all liability whatsoever and including legal fees which may be made against the Seller, its employees or agents or which the Seller, its employees or agents and officers, directors, employees may sustain or incur: as a result whether directly or indirectly of the Buyer’s any breach of the Conditions and contract, negligence, breach of statutory duty or other act or omission arising out of or in connection with the use or sale of the Goods and your use of this Website by you or any other liabilities, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

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Privacy and Information

When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. Samurai-armour will not disclose buyers' information to third parties except for delivery purposes.

All information will be kept private and confidential. We do not keep payment details or numbers as all payments are processed via Paypal. We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place. Information collected at the time of ordering by ourselves is for the sole intention of completing your order (ieUSPS/FedEx). Data collected by this website is used to:

Take, process and fulfil customer orders;

Administer, improve and to serve website content and customer service to you;

Samurai-armour only discloses information to third-parties for goods delivery purposes.

Please ensure that your contact details are filled in accurately so we can contact you if we need to. You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003. The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and 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. You will notify us immediately of any changes to the Personal Information by contacting us by email.

Samurai-armour is committed to upholding both legal and social obligations as a retailer. To achieve this we have a number of control checks throughout the purchase and physical distribution process (e.g. requesting your date of birth when the order is placed).In accepting these Terms and Conditions you agree to provide the Samurai-armour truthful and accurate information and act in accordance with the terms of this agreement and website use. You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.

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Description of products

Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times.

We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.

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Prices and Payment Terms

Due to circumstances beyond our control, prices may alter up or down, including any alterations to the rate of value added tax. All prices shown are in sterling. Prices exclude VAT unless otherwise stated. Changes to exchange rates, duties, freight and purchase costs may cause the Seller to adjust prices accordingly. Payment must be made before supply of the Buyers order or, if agreed, within 30 days of the invoice date. Payment timing is of the essence, the Seller may suspend deliveries until full payment has been received. The Seller may charge interest at 4 per cent per month above Bank of England base lending rate for the time being on all overdue accounts and interest shall accrue on a daily basis from the due date for payment. The Buyer waives all rights of set off, statutory or otherwise.

International Customs and import duties may be applied to International orders when a shipment reaches its final destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.

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Orders

All orders for Goods are subject to availability. Orders may be received by writing, internet, telephone, but are only binding when accepted by the Seller in a written confirmation following Order Acknowledgement. Please check the Order Acknowledgement and notify the Seller of any mistake in writing immediately or the details stated in the Order Acknowledgement will apply to this Agreement.

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 Website.

No Order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.

Samurai-armour.co.uk reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and for security reasons we may restrict the volumes of certain orders of products to be sold in any one transaction. Customers must be of at least 18 years of age or older to order any of our products. By placing an order with us you the customer state that you are of the stated legal age.

We do our best to offer you clear and detailed colour photos and descriptions of all our products offered. Please take plenty of time to look through the products and descriptions before placing any order. If you have any queries or questions about any of the products before placing an order please contact us so we may answer any questions.

When placing an order, you the customer signify agreement to all of these Terms &Conditions.

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Contract

The technical steps required to create the contract between you and us are as follows:

You place the order for products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website. We will send to you an order acknowledgement email detailing the product/s you have ordered. This is not an order confirmation or order acceptance from us.

Order acceptance and the completion of the contract between you and us will take place on the receipt to you of the Products you have ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with your rights.

A contract is not formed at the point in time that payment has been taken from you by the Samurai-armour, nor at the point in time that you receive an email from the Samurai-armour acknowledging receipt of your order. Before the goods are despatched the Order may not be accepted by the Samurai-armour or may be cancelled by you.

If after concluding the contract circumstances come to the attention of the Seller which would in the opinion of the Seller seriously reduce the credit worthiness of the Buyer, the Seller is entitled to require either evidence from the Buyer as to his ability to settle all liabilities owed to the Seller by the Buyer or cash payment in advance, and all money due to the Seller becomes at the Seller’s discretion due and payable immediately, and the Seller is empowered to cancel all supply contracts not yet executed. Non-acceptance of an order may be a result of one of the following:

- The product you ordered being unavailable from stock;

- Our inability to obtain authorisation for your payment;

- The identification of a pricing or product description error;

 

The Buyer shall not assign or transfer or purport to assign or transfer any contract or the benefit thereof to any person whatsoever without the prior written consent of the Seller. The contract will be concluded in English.

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Delivery

The Samurai-armour.co.uk ships merchandise worldwide, commonly through FedEx. All orders therefore ship with online tracking, insurance and include brokerage fees. The delivery period in the Order Acknowledgement is approximate. The place of delivery is stated in the Order Acknowledgement. The Seller shall not be liable for any loss whatsoever or howsoever arising caused by their non-delivery on any due date. Title and any risk of the loss of the Goods passes to the Buyer upon delivery. Until that time the Buyer may not pledge or sell them. Should the buyer sell Goods before title passes, the proceeds of that sale shall be held on the Sellers behalf, separately from the Buyers general funds.

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Acceptance

Be sure to examine the package for any signs of damage before accepting or signing for. We use a 3rd party inspection company to inspect all orders before they dispatch and ship to prevent the shipment being defective or incorrect. The Buyer is ultimately responsible for inspecting Goods for defects or non-conformity upon delivery and must report such to the Seller within 7 days. After this period, the Buyer will have accepted the Goods. If the Seller agrees to the return of Goods at its choosing, it must be in its original saleable condition with packaging, a return note and proof of purchase. Any the return costs will be payable by the Buyer.

The Buyer is relying on its own skill and judgement in relation to the Goods irrespective of any knowledge which the Seller or its servants, officers, or agents may possess or any representation the Seller or its servants, officers, or agents may have made, as to the purpose for which the Goods are supplied or their suitability.

Please understand that these products are handmade, crafted and painted. They will not always be perfect and their might be some cosmetic blemishes. On some occasions there might be variations between the pictured products and the actual products you receive. From time to time some products or parts may be substituted (ie. material colours / patterns) due to lack of availability, but never with lower quality materials. These are not common issues, but they may occasionally happen. We will where possible always try to meet any requirements and orders placed.

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Contract cancellation

Under the Distance Selling Regulations you have the right to cancel your order within 7 working days following receipt of your Goods. You must inform us of your wish to cancel in writing within 7 working days following the date of receipt of goods and must take reasonable care of the products and not use them. If you do not notify us within 7 working days after the day on which you receive the goods we may not fulfil any cancellation. Please note that your right to return goods does not apply to goods which have been made to measure or personalised unless they are faulty or not as described.

If the Buyer commits or suffers an Act of Insolvency the Seller shall immediately be discharged from further performance under this contract without prejudice to all its other rights. If the Buyer commits a serious breach of this Agreement the Buyer will be deemed to have repudiated the contract. The termination of a contract, howsoever occasioned, shall be without prejudice to any obligation or rights on the part of either party which have accrued prior to such termination and shall not affect or prejudice any provision of these terms and conditions which is expressly or by implication provided to come into effect on, or continue in effect after, such termination.

For full details of your rights under the Distance Selling Regulations please contact your local Trading Standards office or Citizens' Advice Bureau.

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Refunds

If you are due a refund, this will be credited to the same card with which you made your original purchase.

Returning Goods

Please let us help you better by asking us any questions you might have about our terms and conditions, products, or anything else you may want to know or wonder about by contacting us and we will be happy to help you. We do not want to be receiving returned goods but want happy customers!

If any piece of armour, display, sword, knife or other weapon or case received is defective or damaged we may replace it. We reserve the right to refuse any and all returns or exchanges if we feel necessary in the circumstances, but we will try to assist you where possible. Returned goods must be undamaged, in their original packaging, and in saleable and unused condition. Any products accepted for return will be inspected in front of the currier for missing products or signs of use / misuse first. If you return products to us we will not be responsible for any loss or damage or accidental loss occurred to them during transit. We recommend that you use a recorded or secure delivery method. If goods are lost or damaged in transit, we may charge you, or not refund to you, amounts that are attributable to the loss or damage.

You the Buyer will be responsible for any freight costs of returning any unwanted ordered goods, unless the goods were delivered to you in error, or the goods were faulty. Subject to your rights under the Distance Selling Regulations, your initial delivery charge will only be refunded if the goods were faulty or the wrong goods were sent. In all other cases except those under the Distance Selling Regulations you will be refunded the full value of the goods returned less the delivery charge.

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Intellectual property and right to use

The content of the Website is protected by copyright, trademarks, database right and other intellectual property rights and you acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us and you acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only. Any other use of the material and content of the Website is strictly prohibited. You agree not to, and agree not to assist or facilitate any third party to, copy, reproduce, transmit, publish, modify, display, distribute, or use for commercial purposes or create derivative works of any materials or contention the Website without express written permission from the Samurai-armour.

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Compliance with laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

Limitation of liability

While we will use all reasonable endeavours to ensure the accuracy of any information we place on the Website, we make no warranties or guarantees, whether express or implied, in relation to its accuracy. The Website 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 the Website, or any transaction that may be conducted on or through the Website 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 the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website. 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. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable, although not inclusive, in contract or tort in connection with these Terms and Conditions for:

- any loss suffered as a result of not being able to use any product

- any consequential or indirect loss or damage suffered or any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings or losses such as lost data, lost profits or business interruption)

- any loss of goodwill or reputation

- any special or indirect losses

- Deliberate damage or neglect of the product

- any defect in the Goods arising from any drawing, design or specification supplied by the Buyer

- any defect arising from fair wear and tear, wilful or deliberate damage, negligence or neglect, misuse, or alteration or repair of the Goods

The Seller shall not be liable for any failure to deliver the Goods arising from circumstances outside the Seller's control including but not limited to an act of God, war, riots, strikes and trade disputes (including by and with the Seller’s own employees, agents or officers), lock outs, fires, breakdowns, mechanical failures, disruption of energy supplies, interruption of transport, Government action or any other cause whatsoever outside the Seller’s control which affects the Seller’s business whether or not of like nature to those specified herein. The Seller shall not be liable to compensate the Buyer for any loss or damage caused by such a failure to deliver as described herein.

The parties hereby confirm that, notwithstanding any other provisions of these Terms and Conditions, these Terms and Conditions shall not and shall not purport to confer on any third party any rights to enforce any term of these Conditions for the purposes of Contracts (Rights to Third Parties) Act 1999.Nothing in these Terms and Conditions shall be deemed to exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents, officers, or employees.

Upon completion of an order customers infer that they will be using any products in a lawful manner. The Samurai-armour and its agents, employees or officers assume no responsibility or liability associated with any product usage or misuse. The customer is liable and responsible for any loss, damage or expenses of any kind arising out of the use and/or misuse of any products. Use and misuse of Martial Arts weapons may involve serious risks, including injury, disability, and possibly death. All products including armour, swords and weapons are sold only for collection and/or display purposes. Any training or use of armours, swords and/or weapons should be done for demonstration of forms only and whilst under the close supervision of an expert.

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Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

No waiver by us the Seller of any breach of the contract shall be construed as a waiver of any proceeding, subsequent, or succeeding breach of the same or any other provision.

Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

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Entire agreement

These Terms and Conditions govern our relationship with you and they constitute the entire agreement and understanding between you and Samurai-armour. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Artofthe Samurai. Any changes to these Terms and Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what the Samurai-armour and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.

Law

Any dispute in relation to these terms and conditions shall be governed by and construed in accordance with English Law and you irrevocably submit to the exclusive jurisdiction of the courts of England.

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International use of the Website

We make no promise that the materials on the Website are appropriate or available for use in locations outside the United Kingdom, and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Website from elsewhere, you do so on your own initiative and are responsible for compliance with local laws.

Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. The Samurai-armour is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices. Although the information on this Website is accessible worldwide, not all products or services discussed in this Website are available to all persons or in all geographic locations or jurisdictions.

Comments and Contact

If you have any comments or queries regarding any of our products, services, our terms or in the unlikely event of any complaint concerning any part of your Order please contact us via email at info@Samurai-armour.co.uk

If you didn't find the answer you were looking for or you have any questions at all, you can contact us by email and we will be happy to help you.

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