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TERMS AND CONDITIONS FOR SUPPLY OF GOODS

TERMS AND CONDITIONS FOR SUPPLY OF GOODS

Introduction

These are the only terms and conditions upon which Nine Circles Limited will contract with you for the supply of goods from it. These terms and conditions do not apply to the website for which separate terms apply [see below]. No alteration or substitution of these terms and conditions shall be valid unless agreed in writing.

A contract is formed between us when we confirm in writing that your order has been accepted.  Orders will not be accepted until:
2.1 we receive authorisation of your credit card payment or cleared funds;
2.2 any and all verification and identity checks we deem necessary to comply with any legislation or regulation have been completed to our satisfaction.

Our employees and/or agents are not authorised to make any representations concerning our goods.  In entering into the contract you acknowledge that you do not rely on any representations other than those in these terms and conditions.

Any typographical, clerical or other error or omission in any of our catalogues, advertisements, website, quotation, price list, acceptance of offer, invoice or other document or information issued by us (“sales literature”) may be corrected without any liability on our part.

No drawings, illustrations or descriptions or any other information submitted or contained in sales literature shall be deemed to form part of the contract but are for general information and guidance only.

Availability
We reserve the right to withdraw our acceptance of your order if any goods are not readily available to us or cannot lawfully be supplied to you, and refund any payment you have made for them. Other goods ordered by you would be dispatched in the normal way.

Swords and other cutting edge weapons
7.1 Certain of our products are not available for sale to anyone under the age of 18. We may ask you to provide proof of your age. We reserve the right to withdraw acceptance of your order without providing you with a reason and without liability on our part.
7.2 Further, the sale of swords with a curved blade of more than 50cm in length is banned in the UK under The Criminal Justice Act 1988 (Offensive Weapons) (Amendment) Order 2008 ("the Order"). Under certain circumstances a defence may be raised. Therefore, you warrant, undertake and represent to us that pursuant to the Order you are:
7.2.1 currently registered as a member of a bona fide martial arts club within the United Kingdom;
7.2.2 you will use any product falling within the scope of the Order only for a permitted activity;
7.2.3 to the best of your knowledge, the martial arts club to which you belong has relevant public liability insurance cover in place pursuant to the Order;
7.3 You give your permission for us to carry out all checks we, in our sole discretion, deem necessary in order for us to comply with the Order and any other applicable law and for third parties to provide such information and/or documents as we request for such purpose;
7.4 A non-refundable deposit of 10% of the value of each order will be taken in every case where we, in our sole discretion, deem verification checks are necessary.
7.5 You will indemnify us for any liability arising from the performance, non-performance, or breach of this agreement, or from use of any information or materials supplied by you under this agreement including, but not limited to breach of clause 7.2.

Deposits on Special Orders
Where you wish to order goods which are identified on the website as Special Orders (tailor made clothing for example) a deposit equalling 10% of the total purchase price (inc VAT) will be required. The deposit will be returned if we are unable to perform the contract due to our error or omission but not where you cancel the contract, unless you are a consumer and the contract is cancelled further to the provisions of clause 16.

Price
The price of the goods is exclusive of value added tax (if applicable) packing, postage and carriage costs which shall be displayed on our website and confirmed to you at the time of your order. Carriage costs will normally be charged at the rate as set out on the website dependant on the goods ordered and the country of delivery and means of carriage. All payments must be in pounds sterling.

Import Restrictions
You shall be responsible for ensuring the goods you order are permitted to be imported to your country of residence, for obtaining any export and/or import licenses that may be required and for complying with any age restrictions on ownership of the goods which may apply in your country of residence. You shall indemnify us for all losses, damages, costs and expenses which we may suffer or incur if you breach this term. Where goods are impounded by any lawful authority or otherwise you shall remain liable to us for the price of such goods unless such action can be shown to have arisen due to a fault by us.

Delivery
Goods will be delivered to the country and address you provide to us and will normally be despatched within [7] working days of your order being accepted unless we state otherwise. Time for delivery shall not be of the essence and we shall not be liable for any delay in delivery.  If we fail to despatch any goods within [30] days of accepting your order (or such other period we have notified to you), we shall refund in full your payment in respect of such goods unless you agree to our extending the time for delivery.
If you fail to take delivery of the goods or fail to give us adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control (subject to clause 11) or by reason of our fault) then, without prejudice to any other right or remedy available to us, we may:

12.1 store the goods until actual delivery and charge you for the reasonable costs (including insurance) of storage; or

12.2 sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the contract or charge you for any shortfall below the price under the contract.

Where the goods are to be delivered in instalments, each delivery shall constitute a separate contract. Failure by us to deliver any instalment in accordance with these terms and conditions or any claim by you in respect of any one or more instalment shall not entitle you to treat the contract as repudiated as a whole.

Title and Risk
Risk of damage to, or loss of, goods shall pass to you at the time the goods leave our premises for delivery including where we arrange for delivery. 

Consumer Rights and the Right to Cancel
Your statutory rights including but not limited to those contained within the Sale of Goods Act 1979 (as amended) and the Sale and Supply of Goods and Services Act 1994, shall not be affected by the restrictions and limitations set out in these terms and conditions.
Subject to clause 17 you shall from the time the contract between us is formed until a period of 7 days following delivery of the goods, have the right to cancel the contract by sending written notice of cancellation to us at the e-mail, fax or postal address set out at the end of these terms and conditions.
Your right to cancel shall not apply where the contract is for the supply of goods which are goods intended for every day consumption or where the goods are ordered to a specification supplied by you (e.g. tailored clothing) and/or are personalised for you.
In the event you cancel the contract under clause 16 above:

18.1 you shall be responsible for paying all reasonable costs and expenses incurred in the goods being returned to us; and

18.2 we shall reimburse any sum paid to us by you within 30 days of the notice of cancellation being given.

Where the goods are not consumables you have the right to require goods be repaired or, where appropriate, replaced for a period of six months after the contract between us is formed if you assert the goods do not conform to the contract save where we can establish that the goods do so conform.

Warranties
We warrant that, at the time of delivery, the goods will, subject as hereinafter provided, be free from defects in materials and workmanship and will be of satisfactory quality (within the meaning of the Sale and Supply of Goods Act 1994).  There may, however, be minor variations between the goods as shown or described in our sales literature and those despatched to you (the goods despatched will always be of a comparable or superior quality).
The goods (unless we notify you otherwise) will be acquired from the manufacturers and or retailers which we specify upon our website.

Disclaimers
We shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instruction (whether oral or in writing), misuse or alteration or repair of the goods without our approval.
Except in the case of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation or any implied warranty, condition or other term, or any duty at common law or under these terms and conditions, for any special, indirect or consequential damage. 
Subject as expressly provided in these terms and conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
In no circumstances shall our liability to you exceed the invoice value of the goods.
We shall not be liable for situations of force majeure where any failure in the performance of any of our obligations is caused by factors outside our control.

Indemnity
You agree not to offer the goods for resale either within or outside the United Kingdom without the written permission of Nine Circles Ltd.  You shall indemnify us in full for all losses, damages, costs and expenses which we may suffer or incur if you breach this term.

Third Party Rights
In respect to any contract entered into between us, no other party shall have the right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of the contract but this does not effect any right or remedy of a third party which exists or is available apart from that Act.

Communications
Any communication between us shall be by e-mail fax or first class post to our current e-mail, fax or postal address as set out at the end of these terms and conditions and to your e-mail fax or postal address which you may have notified to us.

Variation
We reserve the right to vary these terms and conditions at any time but the terms and conditions which apply to the contract between us shall be those in force at the time we accept your order.

Enforceability
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby.

Law
The contract formed by our acceptance of your order shall be governed by the laws of England and you agree to submit to the non-exclusive jurisdiction of the English courts.
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TERMS OF USE FOR THE WEBSITE

It is a condition of Nine Circles Limited (“Nine Circles”) allowing you free access to the material on this website that you accept the terms and conditions of this notice.

Copyright

The contents of this website are copyright Nine Circles 2005.  The copying or incorporation into any other work of part or all of the material available on this website in any form is prohibited save that you may:

(a) print or download extracts of the materials on this site for your personal use; or
(b) copy the materials on this site for the purpose of sending or displaying to individual third parties for their personal information, provided that you acknowledge Nine Circles as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them.

Information Provided

INFORMATION ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  ALL SUCH WARRANTIES ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. 

Information on this website may be incomplete, out of date or inaccurate and may contain technical inaccuracies or typographical errors.  Information may be changed or updated without notice. It is therefore essential that you verify all such information before taking any action in reliance upon it.

Links

Nine Circles makes no representations whatsoever about any other website which you may access through this one.  When you access a website which does not belong to Nine Circles, please understand that it is independent from Nine Circles, and that Nine Circles has no control over the contents of that website.  In addition, a link to a non-Nine Circles website does not mean that Nine Circles endorses or accepts any responsibility for the content, or the use, of such website or any products or services offered through it. 

Limitation of Liability

IN NO EVENT WILL NINE CIRCLES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE OR ANY USE OF ANY OTHER HYPER-LINKED WEBSITE INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF NINE CIRCLES IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NINE CIRCLES PROVIDES THE SERVICES “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, NINE CIRCLES DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTIONS, BE TIMELY, SECURE OR ERROR-FREE AND SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE UNAVAILABILITY OF THE WEBSITE FROM TIME TO TIME OR FROM YOUR INABILITY TO USE THE WEBSITE.

IN NO EVENT WILL NINE CIRCLES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING IN CONTRACT, TORT OR OTHERWISE, INCLUDING LOSS OF PROFITS, EVEN IF NINE CIRCLES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  EXCEPT FOR DEATH OR PERSONAL INJURY ARISING FROM NINE CIRCLES’S NEGLIGENCE.

Additional Information

Nine Circles operate a credit card surcharge of 2.5% on all credit card payments.  UK debit cards, cheques, bank transfers and cash are not subject to this charge, however all credit cards payments will have an additional charge added on where the card type is selected as such.  The total for the order including the surcharge will be displayed before any payment is taken.  Nine Circles operate this system, simply due to the punitive processing rates credit card companies make for use of their cards.