TERMS & CONDITIONS
THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING ALCHINIE.COM
WELCOME TO ALCHINIE.COM ("ALCHINIE LTD - COMPANY NO: 12826668 ”). ALCHINIE PROVIDES ITS WEBSITE AND RELATED SERVICES ("WWW.ALCHINIE.COM") TO YOU SUBJECT TO THE FOLLOWING USER AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. ALCHINIE CAN CHANGE THIS AGREEMENT AT ANY TIME BY POSTING AN UPDATED USER AGREEMENT ON THIS SITE AND ALCHINIE MAY SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USE OF THIS SITE. IF YOU CONTINUE TO USE THE SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.
In using this Site, you agree to not:
upload, download, post, email or otherwise transmit any materials including but not limited to text, data, photos, graphics, stitch files, or any of these elements in combination as a design for products available on this Site or otherwise ("Content") that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libellous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or another intellectual or proprietary right of any party.
upload, download, post, email or otherwise transmit any content that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
download, post, email or otherwise transmit false or misleading information;
disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.
access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites;
frame or link to the Site except as permitted in writing by Alchinie Designs;
Please note that there may be certain orders that we are unable to accept and must cancel. Alchinie Ltd reserves the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, failure to comply with the user conduct or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your account has been charged, we will issue a credit to your account in the amount of the charge.
PRICING AND CONTENT INFORMATION
While Alchinie Designs strives to provide accurate pricing information, pricing or typographical errors may occur. Alchinie Ltd cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, Alchinie Designs shall have the right, at Alchinie Designs sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Alchinie Designs may, at Alchinie Designs discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
PRICE AND PAYMENT
All prices are inclusive of VAT (where applicable) at the rate appropriate to the country of receipt and are correct at the time of entering the information on to the system. If for some reason we are unable to ship your goods, the value of the items that are not shipped will be refunded to your account or to the original method of payment.
All prices are exclusive of delivery charges. The total cost of the order is the price of the products ordered plus the delivery charge.
Prices may change at any time, but (other than as set out above) changes shall not affect the orders for which we have sent an Order Confirmation.
Once you have selected all articles that you wish to buy, they will be added to your basket. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. You may use, as a payment method, the following cards: Visa, Mastercard, American Express, Paypal and online banking etc.
When you click "Authorise Payment", you are confirming that the credit card is yours. Credit cards are subject to verification and authorisation by the card issuing entity. If the entity does not authorise the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any contract with you.
We have made every effort to display, as accurately as possible, the colours of our products that appear on the Services. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
TITLE AND RISK LOSS
Delivery to carrier shall constitute delivery to Buyer, and thereafter risk of loss or damage shall pass to Buyer. Any claim of Buyer relative to damage during shipping or delivery should be made directly to the carrier. Any claims by Buyer against ALCHINIE for shortage or damage occurring prior to such delivery to carrier must be made within five (5) days after receipt of the goods and accompanied by original transportation bill signed by carrier noting that carrier received the goods from ALCHINIE in the condition claimed. Notwithstanding passage of the risk of loss to Buyer, title and right of possession to the goods sold hereunder shall remain with ALCHINIE until all payments hereunder, including deferred payments evidenced by notes or otherwise, Interest, carrying charges, shall have been made in cash, and Buyer agrees to do all acts necessary to perfect and maintain such right and title in ALCHINIE.
TRADEMARKS AND COPYRIGHTS
All of the names, titles, logos, and designs on Alchinie.com identifying our products and brands, including any derivative and related names, titles, logos and designs, are trade-marks and the sole and exclusive property of Alchinie Ltd - Company no: 12826668. Any use of any trademarks appearing on Alchinie.com without the express written consent of the owner of the trademark is strictly prohibited.
Alchinie.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photographs, graphics, images, illustrations, audio, video and software (collectively, the "Content") and the entire contents of Alchinie.com also are protected by copyright as a collective work and/or compilation under the International copyright laws, international conventions and other copyright laws. Alchinie.com and/or its affiliates own the copyright in the Content original to Alchinie.com and in its selection, coordination, arrangement and enhancement of the Content.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, PROGRAMS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALCHINIE AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU ACKNOWLEDGE THAT ALCHINIE LTD DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, ALCHINIE LTD AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALCHINIE DESIGNS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
You agree to defend, indemnify and hold harmless each of Alchinie.com, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on Alchinie.com, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to (a) your breach of any of these Terms and Conditions; (b) your access to or use Alchinie.com or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from Alchinie.com. You shall use your best efforts to cooperate with us in the defence of any claim.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ALCHINIE.COM, INCLUDING WITHOUT LIMITATION ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER ALCHINIE.COM HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF ALCHINIE.COM, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO ALCHINIE.COM OR ANY OF THE SERVICES.
You expressly acknowledge that Alchinie Ltd - Company No: 12826668 has entered into this agreement, and has or may make Alchinie.com and Content available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein and that the same form an essential basis of the bargain between you and Alchinie.com. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of the contract, the failure of any exclusive remedy or termination of this agreement.
GOVERNING LAW / JURISDICTIONAL ISSUES
These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the United Kingdom Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of London and to waive any objections based upon venue.
Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of the United Kingdom.
The United Kingdom is our country of domicile.
If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
The cardholder must retain a copy of transaction records and Merchant policies and rules.
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in London, the UK in English and governed by UK law pursuant. Alchinie.com reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.