Terms and Conditions
BACKGROUND:
This agreement applies as
between you, the User of this Web Site and Secret Studio Ltd, the
owner(s) of this Web Site. Your agreement to comply with and be
bound by these Terms and Conditions is deemed to occur upon your
first use of the Web Site. If you do not agree to be bound by these
Terms and Conditions, you should stop using the Web Site
immediately.
No part of this Web Site is intended to constitute a
contractual offer capable of acceptance. Your order constitutes a
contractual offer and our acceptance of that offer is deemed to
occur upon our sending a dispatch email to you indicating that your
order has been fulfilled and is on its way to you.
1. Definitions
and Interpretation
In this Agreement the following terms shall have
the following meanings:
“Account” means collectively the personal
information, Payment Information and credentials used by Users to
access Paid Content and / or any communications System on the Web
Site;
“Carrier” means any third party responsible for transporting
purchased Goods from our Premises to customers;
“Content” means any
text, graphics, images, audio, video, software, data compilations
and any other form of information capable of being stored in a
computer that appears on or forms part of this Web Site;
“Goods”
means any products that Secret Studio Ltd advertises and / or makes
available for sale through this Web Site;
“Secret Studio Ltd”
means
Secret Studio Ltd; PO Box 12 Llanrwst LL26 9AD North Wales United
Kingdom;
“Service” means collectively any online facilities, tools,
services or information that Secret Studio Ltd makes available
through the Web Site either now or in the future;
“Payment
Information” means any details required for the purchase of Goods
from this Web Site. This includes, but is not limited to, credit /
debit card numbers, bank account numbers and sort codes;
“Purchase
Information” means collectively any orders, invoices, dispatch
notes, receipts or similar that may be in hard copy or electronic
form;
“Premises” Means our place(s) of business located at PO Box
12 Llanrwst LL26 9AD North Wales United Kingdom;
“System” means any
online communications infrastructure that Secret Studio Ltd makes
available through the Web Site either now or in the future. This
includes, but is not limited to, web-based email, message boards,
live chat facilities and email links;
“User” / “Users” means any
third party that accesses the Web Site and is not employed by
Secret Studio Ltd and acting in the course of their employment;
and
“Web Site” means the website that you are currently using
(www.secretstudio.co.uk; www.ultrapedia.com; www.pointmore.com) and
any sub-domains of this site (e.g.
subdomain.www.pointmore.com/ultrapedia) unless expressly excluded
by their own terms and conditions.
2. Age Restrictions
Persons
under the age of 18 should use this Web Site only with the
supervision of an Adult. Payment Information must be provided by or
with the permission of an Adult.
3. Business Customers
These Terms
and Conditions also apply to customers buying Goods in the course
of business.
4. International Customers
If Goods are being ordered
from outside Secret Studio Ltd’s country of residence, import
duties and taxes may be incurred once your Goods reach their
destination. Secret Studio Ltd is not responsible for these charges
and we undertake to make no calculations or estimates in this
regard. If you are buying internationally, you are advised to
contact your local customs authorities for further details on costs
and procedures. As the purchaser of the Goods, you will also be the
importer of record and as such should ensure that your purchase is
in full compliance with the laws of the country into which the
Goods are being imported. Please be aware that Goods may be
inspected on arrival at port for customs purposes and Secret Studio
Ltd cannot guarantee that the packaging of your Goods will be free
of signs of tampering.
5. Intellectual Property
5.1 Subject to the
exceptions in Clause 6 of these Terms and Conditions, all Content
included on the Web Site, unless uploaded by Users, including, but
not limited to, text, graphics, logos, icons, images, sound clips,
video clips, data compilations, page layout, underlying code and
software is the property of Secret Studio Ltd, our affiliates or
other relevant third parties. By continuing to use the Web Site you
acknowledge that such material is protected by applicable United
Kingdom and International intellectual property and other laws.
5.2
Subject to Clause 7 you may not reproduce, copy, distribute, store
or in any other fashion re-use material from the Web Site unless
otherwise indicated on the Web Site or unless given express written
permission to do so by Secret Studio Ltd.
6. Third Party
Intellectual Property
6.3 Unless otherwise expressly indicated, all
Intellectual Property rights including, but not limited to,
Copyright and Trademarks, in product images and descriptions belong
to the manufacturers or distributors of such products as may be
applicable.
6.4 Subject to Clause 7 you may not reproduce, copy,
distribute, store or in any other fashion re-use such material
unless otherwise indicated on the Web Site or unless given express
written permission to do so by the relevant manufacturer or
supplier.
7. Fair Use of Intellectual Property
Material from the
Web Site may be re-used without written permission where any of the
exceptions detailed in Chapter III of the Copyright Designs and
Patents Act 1988 apply.
8. Links to Other Web Sites
This Web Site
may contain links to other sites. Unless expressly stated, these
sites are not under the control of Secret Studio Ltd or that of our
affiliates. We assume no responsibility for the content of such web
sites and disclaim liability for any and all forms of loss or
damage arising out of the use of them. The inclusion of a link to
another site on this Web Site does not imply any endorsement of the
sites themselves or of those in control of them.
9. Links to this
Web Site
Those wishing to place a link to this Web Site on other
sites may do so only to the home page of the site
www.secretstudio.co.uk; www.ultrapedia.co.uk; without prior
permission. Deep linking (i.e. links to specific pages within the
site) requires the express permission of Secret Studio Ltd. To find
out more please contact us by email at info@secretstudio.co.uk or
by post to Secret Studio Ltd PO Box 12 Llanrwst LL26 9AD North
Wales United Kingdom..
10. Use of Communications Facilities
10.5
When using the enquiry form or any other System on the Web Site you
should do so in accordance with the following rules:
10.5.1 You
must not use obscene or vulgar language;
10.5.2 You must not submit
Content that is unlawful or otherwise objectionable. This includes,
but is not limited to, Content that is abusive, threatening,
harassing, defamatory, ageist, sexist or racist;
10.5.3 You must
not submit Content that is intended to promote or incite
violence;
10.5.4 It is advised that submissions are made using the
English language(s) as we may be unable to respond to enquiries
submitted in any other languages;
10.5.5 The means by which you
identify yourself must not violate these terms of use or any
applicable laws;
10.5.6 You must not impersonate other people,
particularly employees and representatives of Secret Studio Ltd or
our affiliates; and
10.5.7 You must not use our System for
unauthorised mass-communication such as “spam” or “junk mail”.
10.6
You acknowledge that Secret Studio Ltd reserves the right to
monitor any and all communications made to us or using our
System.
11. Accounts
11.7 In order to purchase Goods on this Web
Site and to use the Forums, Chat or similar facilities you are
required to create an Account which will contain certain personal
details and Payment Information which may vary based upon your use
of the Web Site as we may not require payment information until you
wish to make a purchase. By continuing to use this Web Site you
represent and warrant that:
11.7.8 all information you submit is
accurate and truthful;
11.7.9 you have permission to submit Payment
Information where permission may be required; and
11.7.10 you will
keep this information accurate and up-to-date.
Your creation of an
Account is further affirmation of your representation and
warranty.
11.8 It is recommended that you do not share your Account
details, particularly your username and password. Secret Studio Ltd
accepts no liability for any losses or damages incurred as a result
of your Account details being shared by you. If you use a shared
computer, it is recommended that you do not save your Account
details in your internet browser.
11.9 If you have reason to
believe that your Account details have been obtained by another
without consent, you should contact Secret Studio Ltd immediately
to suspend your Account and cancel any unauthorised purchases that
may be pending. Please be aware that purchases can only be
cancelled until they are dispatched. In the event that an
unauthorised purchase is dispatched prior to your notifying us of
the unauthorised nature of the purchase, Secret Studio Ltd accepts
no liability or responsibility and you should make contact with the
Carrier detailed in the Purchase Information.
11.10 When choosing
your username you are required to adhere to the terms set out above
in Clause 10. Any failure to do so could result in the suspension
and/or deletion of your Account.
12. Termination and
Cancellation
12.11 Either Secret Studio Ltd or you may terminate
your Account. If Secret Studio Ltd terminates your Account, you
will be notified by email and an explanation for the termination
will be provided. Notwithstanding the foregoing, we reserve the
right to terminate without giving reasons.
12.12 If Secret Studio
Ltd terminates your Account, any current or pending purchases on
your Account will be cancelled and will not be dispatched.
12.13
Secret Studio Ltd reserves the right to cancel purchases without
stating reasons, for any reason prior to processing payment and
dispatch.
12.14 If purchases are cancelled for any reason prior to
dispatch you will be refunded any monies paid in relation to those
purchases.
12.15 If you terminate your Account any non-dispatched
purchases will be cancelled and you will be refunded any monies
paid in relation to those purchases.
13. Goods, Pricing and
Availability
13.16 Whilst every effort has been made to ensure that
all graphical representations and descriptions of Goods available
from Secret Studio Ltd correspond to the actual Goods, Secret
Studio Ltd is not responsible for any variations from these
descriptions. This does not exclude our liability for mistakes due
to negligence on our part and refers only to variations of the
correct Goods, not different Goods altogether. Please refer to
Clause 15.1 for incorrect Goods.
13.17 Where appropriate, you may
be required to select the required [size] [model] [colour] [number]
[other features] of the Goods that you are purchasing.
13.18 Secret
Studio Ltd does not represent or warrant that such Goods will be
available. Any stock indications provided on the Web Site are not
100% accurate and may not take into account sales that have taken
place during your visit to the web site.
13.19 All pricing
information on the Web Site is correct at the time of going online.
Secret Studio Ltd reserves the right to change prices and alter or
remove any special offers from time to time and as necessary.
13.20
In the event that prices are changed during the period between an
order being placed for Goods and Secret Studio Ltd processing that
order and taking payment, you will be contacted prior to your order
being processed with details of the new price;
13.21 All prices on
the Web Site do not include VAT. Secret Studio Ltd’s VAT number is
.
14. Delivery
14.22 Secret Studio Ltd will notify you by way of
email when your goods are to be dispatched to you. The message will
contain details of estimated delivery times in addition to any
reasons for a delay in the delivery of the Goods purchased by
you.
14.23 If Secret Studio Ltd receives no communication from you,
within << >> days of delivery, regarding any problems
with the Goods, you are deemed to have received the Goods in full
working order and with no problems.
15. Returns Policy
Secret
Studio Ltd aims to always provide high quality Goods that are fault
free and undamaged. On occasion however, goods may need to be
returned. Returns are governed by these Terms and Conditions.
15.24
If you receive Goods which do not match those that you ordered,
unless accompanied by an explanatory note detailing the changes,
stating reasons for the changes and setting out your options, you
should contact us within 10 days to arrange collection and return.
Secret Studio Ltd is not responsible for paying shipment costs. You
will be given the option to have the Goods replaced with those
ordered (if available) or to be refunded through the payment method
used by you when purchasing the Goods. Refunds and replacements
will be issued upon our receipt of the returned Goods.
15.25 If any
Goods you have purchased have faults when they are delivered to
you, you should contact Secret Studio Ltd within 28 days to arrange
collection and return. Secret Studio Ltd is responsible for paying
shipment costs. Goods must be returned in their original condition
with all packaging and documentation. Upon receipt of the returned
Goods, the price of the Goods, as paid by you, will be refunded to
you through the payment method used by you when purchasing the
Goods.
15.26 If any Goods develop faults within their warranty
period, you are entitled to a repair or replacement under the terms
of that warranty.
15.27 If Goods are damaged in transit and the
damage is apparent on delivery, you should sign the delivery note
to the effect that the goods have been damaged. In any event, you
should report such damage to Secret Studio Ltd within 10 days and
arrange collection and return. Secret Studio Ltd is not responsible
for paying shipment costs. Upon receipt of the returned Goods, the
price of the Goods, as paid by you, will be refunded to you through
the payment method used by you when purchasing the Goods.
15.28 You
have a statutory right to a “cooling off” period. This period
begins once your order is complete and ends 7 days after the Goods
have been delivered. If you change your mind about the goods within
this period, please return them to Secret Studio Ltd within 7 days
of receipt. Goods can only be returned for this reason if their
packaging remains unopened and the Goods can be re-sold, as new,
without any additional work on the part of Secret Studio Ltd. You
are responsible for paying shipment costs if Goods are returned for
this reason.
15.29 If you wish to return Goods to Secret Studio Ltd
for any of the above reasons, please contact us using conact form
on the website to make the appropriate arrangements.
15.30 Secret
Studio Ltd reserves the right to exercise discretion with respect
to any returns under these Terms and Conditions. Factors which may
be taken into account in the exercise of this discretion include,
but are not limited to:
15.30.11 Any use or enjoyment that you may
have already had out of the Goods;
15.30.12 Any characteristics of
the Goods which may cause them to deteriorate or expire
rapidly;
15.30.13 The fact that the Goods consist of audio or video
recordings or computer software and that the packaging has been
opened;
15.30.14 Any discounts that may have formed part of the
purchase price of the Goods to reflect any lack of quality made
known to the Customer at the time of purchase.
Such discretion to
be exercised only within the confines of the law.
16. Privacy
Use
of the Web Site is also governed by our privacy Policy which is
incorporated into these terms and conditions by this reference. To
view the Privacy Policy, go to our website.
17. Disclaimers
17.31
Secret Studio Ltd makes no warranty or representation that the Web
Site will meet your requirements, that it will be of satisfactory
quality, that it will be fit for a particular purpose, that it will
not infringe the rights of third parties, that it will be
compatible with all systems, that it will be secure and that all
information provided will be accurate. We make no guarantee of any
specific results from the use of our Services.
17.32 No part of
this Web Site is intended to constitute advice and the Content of
this Web Site should not be relied upon when making any decisions
or taking any action of any kind.
17.33 No part of this Web Site is
intended to constitute a contractual offer capable of
acceptance.
18. Changes to the Service and these Terms and
Conditions
Secret Studio Ltd reserves the right to change the Web
Site, its Content or these Terms and Conditions at any time. You
will be bound by any changes to the Terms and Conditions from the
first time you use the Web Site following the changes. If Secret
Studio Ltd is required to make any changes to Terms and Conditions
relating to sale of Goods by law, these changes will apply
automatically to any orders currently pending in addition to any
orders placed by you in the future.
19. Availability of the Web
Site
The Service is provided “as is” and on an “as available”
basis. We give no warranty that the Service will be free of defects
and / or faults. To the maximum extent permitted by the law we
provide no warranties (express or implied) of fitness for a
particular purpose, accuracy of information, compatibility and
satisfactory quality.
Secret Studio Ltd accepts no liability for
any disruption or non-availability of the Web Site resulting from
external causes including, but not limited to, ISP equipment
failure, host equipment failure, communications network failure,
power failure, natural events, acts of war or legal restrictions
and censorship.
20. Limitation of Liability
20.34 To the maximum
extent permitted by law, Secret Studio Ltd accepts no liability for
any direct or indirect loss or damage, foreseeable or otherwise,
including any indirect, consequential, special or exemplary damages
arising from the use of the Web Site or any information contained
therein. Users should be aware that they use the Web Site and its
Content at their own risk.
20.35 Nothing in these Terms and
Conditions excludes or restricts Secret Studio Ltd’s liability for
death or personal injury resulting from any negligence or fraud on
the part of Secret Studio Ltd.
20.36 Nothing in these Terms and
Conditions excludes or restricts Secret Studio Ltd’s liability for
any direct or indirect loss or damage arising out of the incorrect
delivery of Goods or out of reliance on incorrect information
included on the Web Site.
20.37 Whilst every effort has been made
to ensure that these terms and conditions adhere strictly with the
relevant provisions of the Unfair Contract Terms Act 1977, in the
event that any of these terms are found to be unlawful, invalid or
otherwise unenforceable, that term is to be deemed severed from
these terms and conditions and shall not affect the validity and
enforceability of the remaining terms and conditions. This term
shall apply only within jurisdictions where a particular term is
illegal.
21. No Waiver
In the event that any party to these Terms
and Conditions fails to exercise any right or remedy contained
herein, this shall not be construed as a waiver of that right or
remedy.
22. Previous Terms and Conditions
In the event of any
conflict between these Terms and Conditions and any prior versions
thereof, the provisions of these Terms and Conditions shall prevail
unless it is expressly stated otherwise.
23. Notices
All notices /
communications shall be given to us either by post to our Premises
(see address above) or by email to by visiting the website contact
page.. Such notice will be deemed received 3 days after posting if
sent by first class post, the day of sending if the email is
received in full on a business day and on the next business day if
the email is sent on a weekend or public holiday.
24. Law and
Jurisdiction
These terms and conditions and the relationship
between you and Secret Studio Ltd shall be governed by and
construed in accordance with the Law of England and Wales and
Secret Studio Ltd and you agree to submit to the exclusive
jurisdiction of the Courts of England and
Wales.