INTRODUCTION
Welcome to the Thurston Website/Online Shop ("Site"). The Site is owned and operated by E.A.Clare & Son Ltd, Company No 1189168 ("We/Us"). We strive to offer all our customers reliable goods and an excellent level of service. If you have any queries, please contact us on 0870 607 1336 or thurstononline@eaclare.co.uk or 46 / 48 St Anne Street,Liverpool, Merseyside L3 3DW UK. We shall do our best to provide you with answers and solutions.
ACCEPTANCE OF TERMS
Before using the Site or purchasing any goods available here, please read these terms of use. Your use of this Site and any contracts for the purchase of goods ("Contracts") are subject to these terms and by placing an order you agree to be bound by them. We reserve the right to review and revise these terms from time to time without prior notice and by continuing to use the Site after any such revision you agree to be bound by such changes. Nothing in this document affects your statutory rights as a consumer. You can find out more about your statutory rights by contacting your local trading standards office or Citizens' Advice Bureau.
GOODS, ORDERS AND AVAILABILITY
The Goods will be as described in this Site from time to time. It is possible that some information on this Site may contain technical inaccuracies or typographical errors. We reserve the right without notice at any time to amend, improve or correct any information on this Site and to discontinue, temporarily or permanently, any range or line of Goods. Delivery charges are shown for UK Mainland Only . Further, to purchase from us you must be an adult aged 18 or over. Occasionally the Goods you order may be out of stock, sold out or unavailable for some other reason. The display of any Goods on this Site is an invitation to you to offer to buy them; it is not an offer to sell them at the listed price. If you place an order for Goods then it shall be an offer to buy them and shall be subject to acceptance by us. We reserve the right to reject any order or to cancel any order (whether or not it has been confirmed by us and payment has been accepted) if the Goods are unavailable or for any other reason (such as without limit if the Goods have been displayed at an incorrect price due to a typographical or other error). If we cannot deliver any part of your order, then we will inform you and we may offer you an alternative product. If the alternative is not acceptable or none is available or offered then we will refund you for any payments made for the undelivered Goods.
PRICE AND DELIVERY CHARGES
The total cost of your order is equal to the price displayed on this Site plus a delivery charge. Charges for delivery to U.K. Mainland addresses only will be added to your order when you checkout. For other destinations, we will email to confirm charges before despatch. . We reserve the right to vary the prices displayed on the Site and/or the delivery charges at any time without notice. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the Goods, you will receive a full refund. All our prices are quoted in pounds sterling and include United Kingdom VAT at the current rate. We may from time to time make special price offers available. If you are interested in taking up such offers, then you should do so at the time you see them as we may withdraw the offers at any time without notice.
PAYMENT
Payment for the goods you wish to order can only be made with one of the following credit or debit cards Visa, Master Card, Delta etc . By clicking on "finish" on the credit card page on the Site, you are authorising us to deduct the cost of the Goods in your order and any delivery charges from your card account. Payment will be taken for all orders as the Goods are despatched. Placing an order also authorises us to utilise credit reference agencies to verify the information you provide. No information obtained from these agencies is stored by us. Your card information is not held by us but is held by our Credit Card processors (Barclaycard). Other personal details you send to us over the Internet is encrypted using the industry standard SSL technology.
GOODS LOST OR DAMAGED IN TRANSIT
All goods are at buyers risk as soon as they have been delivered. Once the goods have left our premises our liability is limited to the carriers terms and conditions of transportation unless prior insurance has been arranged. Advice of despatch will be provided by email onc the goods have been sent. If goods fail to arrive withina reasonable period of time then the seller must be advised so that steps can be taken to trace the consignment. When goods arive they should be signed for and must be inspected for damage/faults and reported within two working days.The company can accept no responsilbilty thereater.
OWNERSHIP OF GOODS
The seller retains the title to all the goods supplied to the buyer until all have been paid in full. In case of default by the customer the company may (whether with or without previous notice) itself take reposession of the goods and the company is in such circumstances irrevoacbly authorised by the customer to enter any of the customers premises forthe purpose of removing the goods. If not withstanding that the property in and ownership of the goods has not passed to the customer the customer shall deal with the goods in sucha manner as to a third party a valid title to the goods, the customer shall hold the proceeds of such a sale on trust for the company.
RETURNS AND EXCHANGES
All Goods are covered by the manufacturers' warranty. If any of the Goods received appear visibly damaged on arrival you should refuse delivery and should not accept or sign for them. If you sign for the Goods and on opening the package discover that they are faulty, then you should return them to us as soon as possible and notify us within 14 days from the date of receiving them by telephone or e-mail thurstononline@eaclare.co.uk with details of your order number, product code, product description and a brief reason for return . We will arrange a refund to your card account or a replacement product provided that it is available. No returns will be accepted without following this procedure. All returned Goods must be received by us in their original packaging and in a resaleable condition. Please note that the cost of returning the Goods is your responsibility and it is recommended that you use a registered delivery service to ensure that we receive them in perfect condition. If the Goods are defective, we will reimburse you the cost of returning the Goods, this cost is limited as a maximum to the charge we would pay our carrier for collection of the goods. If you are a consumer you have the additional right to cancel the contract without reason and receive a refund. You must inform us in writing of your desire to cancel within seven working days starting on the day after the day the goods are delivered to you. You should contact us by letter, fax or email at the address shown above. You must return the goods to us at your cost and we advise you to ensure the goods are adequately insured during any return journey. If you have not returned the goods within 14 days of cancellation or if requested we can collect the goods from you at your cost. We shall refund the total amount of money paid by you for the goods, less any costs to collect the goods if required, within 30 days starting with the day on which we receive a notice of cancellation in writing from you.
COPYRIGHT AND INTELLECTUAL PROPERTY
This Site is copyright © 2008 E A Clare & Son Ltd . All Site design, arrangement, text, graphics, software, underlying source code, and all other material on the Site are reserved to us or Connect Internet Solutions. You may download or print extracts from this Site for the sole purpose of placing an order with us or personal, non-commercial home use. Any other use of materials on this site, including reproduction for purposes other than those stated above, incorporation, modification, publication or distribution without our prior written permission ie strictly prohibited. Thurston and all other names, images, pictures, logos and icons identifying Thurston - The Home of Snooker are trademarks of E A Clare & Son Ltd in the UK and other countries. Other product and company names mentioned on this Site may be trade marks of their respective owners.
INDEMNITY
You agree to fully indemnify and keep us and our affiliates, officers, agents, partners and employees fully indemnified from and against all liabilities, claims, actions, expenses or costs (on a full indemnity basis) made by any third party due to or arising out of your use or misuse of the Site your breach of these terms or your breach of any rights of a third party.
DISCLAIMER
We make no representations or warranties of any kind about this site and its content or the Goods (whether express or implied) save as expressly set out in these terms and in the Site. Neither we nor Connect Internet Solutions shall be liable to you, whether for breach of contract, misrepresentation or otherwise, for any direct or indirect loss or damage (including without limit loss of betting stakes, loss of profits or loss of opportunity), which may arise out of your access to the site or any errors or omissions in any material on this site or your purchase of any goods from this site.
Certain links on this site lead to web sites which are not under our control. When you activate this kind of link, you will leave our site, and we will not accept any responsibility for any material on any web site which is not under our control.
Please note that the exclusions of liability set out above shall not affect any statutory rights you may have as a consumer, nor operate to exclude or limit our liability for damage resulting from the negligence of E A Clare & Son Ltd , its officers or its employees or fraud. If any of these disclaimers is found to be invalid or unenforceable, the validity and enforceability of the remaining disclaimers shall not be affected.
If you are a business or if the goods are used wholly or in part for business purposes we shall not be liable to you for any business loss including loss of profits (whether direct or indirect) business data, revenue, goodwill, or incidental, or consequential loss that you may suffer as a result of the purchase of goods from us. Any other liability shall be limited to the price paid for the goods. We do not exclude our liability for fraud or for death or personal injury. For our performance time is not of the essence.
PRIVACY
We are committed to protecting your privacy. In general, you can visit this Site without telling us who you are or revealing any information about yourself. If you decide to purchase Goods we will need information, such as your name and address.We store such information on a computer. We may use this information to provide you with a more personalised service and to tell you about special offers and any changes in our service which we believe you will find valuable. We do not sell, trade or rent personal information to others We may choose to do so in the future with appropriate third parties. If you object to any of these uses at any time, then please inform us by writing to E A Clare & Son Ltd 46 / 48 St Anne Street, Liverpool, Merseyside L3 3DW, UK, or e-mail us at thurstononline@eaclare.co.uk . We also collect information automatically about your visits to our site, such as browsing patterns, but information collected in this way is only used in aggregate from rather than being linked to identifiable individuals.
COOKIES
Cookies are bits of electronic information that a website can transfer to your hard drive to help tailor and keep records of your visit to the Site. We use Cookies better to customise visits to the Site to your individual preferences, helping us provide you with the best possible service on our Site. Most major websites use cookies and their use is standard on the Internet. Most Internet browsers automatically accept cookies but you can change your settings so that you are notified whenever you are sent a cookie.
LAW
Your use of the Site and any purchase by you on the Site will be governed by English law and will be deemed to have occurred in the United Kingdom. If you have any disputes with us over the Goods or any other aspect of the Site, then these will be exclusively resolved in the English courts.