Terms and Conditions for the Use of this Site and purchase of products or services from this Site

Please read these terms and conditions carefully. They contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser.

1. Introduction

1.1 Please read and scroll through these terms and conditions carefully and click ‘I Agree’ before using the website operated by Prestige Leisure UK Limited, having its registered office at 3 Accommodation Road London NW11 8ED and its principal trading address at 36 Firth Road Houstoun Industrial Estate Livingston West Lothian EH54 5DJ (‘Prestige Leisure ’ ‘our’, ‘we’ or ‘us’) (Company Number: 2698261 and VAT number: 579 3558 82).

1.2 In particular, we draw your attention to clauses 8 (Applicability of online materials) and 12 (Liability). By clicking on the ‘I Accept’ button at the bottom of these terms and conditions, or by accessing or using Prestige Leisure website (‘our website’) you agree to be legally bound by these terms and conditions together with our software licence terms set out in the Schedule to these terms and conditions, as they may be modified and posted on our website from time to time.

1.3 If you do not wish to be bound by these terms and conditions then you may not use our website.

2. Nature of our website

2.1 Our website is a place for you to select and order our products (the ‘Products’). together with templates and other materials for the creation of bespoke marketing materials for you to market the Products to your customers (the “Marketing Materials”) and to purchase commercial contact databases from third party suppliers through our site (the “Databases”) Our website describes the Products, the marketing Materials and the Databases in more detail.

2.2 Please note that our website is available only to wholesale customers that can form legally binding contracts under applicable law. As the contents of our website are aimed at business to business users aged eighteen and above, you must be over eighteen (18) years to purchase the Products, using the payment methods displayed on our website.

3. Buying Products on our website

3.1 To order a product through our website you will need to follow the ordering procedures set out on our order page. Details of our prices for the Products, for any Marketing Materials ordered and for any Databases ordered and the procedures for payment, any credit offered and delivery are displayed on our website. Prestige may offer you a credit account subject to your credit status. Prestige will also accept payments through VISA, MasterCard or Switch. You may also place orders by telephone by calling : (t): 0800 652 1234 or by faxing a duly completed an signed order form to (f): 0800 652 1244.

3.2 Any times or dates stated on our website for delivery are estimates only. Prestige Leisure will make reasonable efforts to deliver goods within the time specified, but does not accept liability for any failure to deliver within that time.

3.3 The price of any Product is the price in force at the date and time of your order. We may change the price of any Product before you place an order. We try to ensure that our prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see clause 3.4 below). We will inform you if a Product’s correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the product at the correct price. The prices are inclusive of delivery costs and exclusive of applicable taxes.

3.4 Prestige Leisure is entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means (‘Confirmation’) to the email address you have given us on registration or on ordering. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within thirty (30) days.

3.5 You undertake and warrant that all details you provide to us (the “Specification”) for the purpose of ordering, manufacturing and purchasing goods or services which may be offered by us on our website will be correct, that any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods or services. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.

3.6 The title to the goods or services ordered by you and accepted by Prestige Leisure will be retained by Prestige Leisure until payment has been made by you in full. You shall hold any and all goods in respect of each order that has not been fully paid for separately and separately identifiable from all other goods held by you.

3.7 Goods are at your risk from the time of delivery. Delivery takes place either (a) at our premises (if you are collecting them or arranging carriage) or (b) at your premises or the delivery address specified by you (if we are arranging carriage). You must inspect the goods on delivery. If the goods are damaged or not delivered, you must inform us in writing within seven days of delivery or (in the case of goods not delivered) the expected date of delivery. You must give us (and any carrier) a fair chance to inspect the damaged goods.

4. Returns

4.1 Due to the high cost of administration samples are non-returnable.

4.2 Printed or embroidered garments will not be accepted back under any circumstances.

4.3 Only faulty garments that have NOT been worn or processed will be credited in full. THESE MUST BE RETURNED WITHIN 21 DAYS OF PURCHASE.

4.4 Please contact Customer Services for a Goods Returns Form which must be completed in full to authorise any goods to be returned. You will be issued with a Returns Authorisation Number THAT MUST BE CLEARLY MARKED ON THE OUTER PACKAGING OF THE PARCEL(S) GOODS WILL NOT BE ACCEPTED AND RETURNED TO SENDER IF THIS PROCESS IS NOT ADHERED TO.

4.5 If goods have been incorrectly sent please contact Customer Services to obtain a Goods Returns Form and arrange collection.

4.6 No goods will be authorised to be returned that were purchased more than three months ago. Goods accepted back will be subject to a 10% (£10.00 minimum) handling and administration charge together with carriage costs if applicable.

4.7 Underwear is strictly non-returnable.

5. Modifications to website

5.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content Products or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content and/or the sale of new Products and/or the release of new software tools or resources shall be subject to these terms and conditions.

5.2 Please note that although we try to ensure that the content of our website is accurate, it may contain typographical errors or other inaccuracies.

6. Privacy Policy: Use of Your Personal Information/Security

6.1 It is important for you to know that we may use some of the personal information provided by you during the use of this website and by using this site you agree to this use.

6.2 Your contact details will be stored in our computer database and this, together with other information provided by you (and this information may be supplemented by information we receive from third parties), may be used by us for assessment and analysis (e.g. market, customer and product analysis) to enable us to review, develop and improve the services which we offer and to enable us to provide you and other customers with relevant information through our marketing programme. We may use your information to make decisions about you using computerised technology, for example automatically selecting products or services which we think will interest you from the information we have. We may keep you informed of such products and services (including special offers, discounts, offers and so on) by any of the following methods: e-mail; telephone; SMS text message and post;

6.3 In order to protect you and our other customers, and us, from fraud and theft, we may pass on information that we obtain from making identity checks and other information in our customer records, including how you conduct your account, to other companies, other retailers and to financial and other organisations (including law enforcement agencies) involved in fraud prevention and detection, to use in the same way.

6.4 Disclosure of Your Information: We may give information about you to the following, who may use it for the same purposes as set out above:

· to our agents and subcontractors to enable performance of our agreement with you;

· to other companies in our group;

· to employees and agents of our group to administer any accounts, products and services provided to you by our group now or in the future;

· agents who (on our behalf) profile your data so that we may tailor the goods/services we offer to your specific needs;

· to anyone to whom we transfer or may transfer our rights and duties under our agreement with you.

6.5 Cookies: We may use cookies to provide you with, for example, customised information from our web site. A cookie is an element of data that a web site can send to your browser, which may then store it on your system. Cookies allow us to understand who has seen which pages and advertisements, to determine how frequently particular pages are visited and to determine the most popular areas of our web site. You do not have to accept cookies, and you should read the information that came with your browser software to see how you can set up your browser to notify you when you receive a cookie, this will give you the opportunity to decide whether to accept it. We use cookies so that we can give you a better experience when you return to our web site.

6.6 We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous.

6.7 Security: We take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose on-line. You accept the inherent security risks of providing information and dealing on-line over the internet and will not hold us responsible for any breach of security unless this is due to our negligence or wilful default.

6.8 You have the right to see personal data (as defined in the Data Protection Act 1998) that we keep about you, upon receipt of a written request and payment of a fee. If you are concerned that any of the information we hold on you is incorrect please contact us. Please note that our site may link to other web sites which may be accessed through our site. We are not responsible for the data policies or procedures or the content of these linked web sites.

6.9 If you want to be removed from our mailing list, please contact us and we will remove your details from our database within a reasonable time period.

7. Security of login details

You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify Prestige Leisure immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.

8. Applicability of online materials

8.1 Our website is controlled and operated by us from our offices in Scotland, UK. Where content published on the website is supplied by third parties, you understand that we do not control or endorse such content in any way. All content (including for the avoidance of doubt but without limitation Databases) which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for (i) the accuracy or otherwise of such content (whether published on or offline) and/or (ii) the use of such content, except for content which relates directly to Products you purchase.

8.2 We have used our best endeavours to ensure that our website complies with UK laws. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.

8.3 Prestige Leisure makes no representations and gives no warranties, express or implied that making the Products, the Marketing Materials or any Databases available in any particular jurisdiction outside the UK is permitted under any applicable laws or Regulations of that non-UK jurisdiction. Accordingly, if making the Products or any part of the Products available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. Prestige Leisure accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.

9. Copyright and monitoring

Our website, the contents of our website and all databases, systems, trademarks, designs (whether registered or unregistered) and all other information contained therein are protected by international copyright laws and other intellectual property rights (including without limitation patents; copyrights; database rights; trade marks and design rights (whether registered or unregistered)) in the Prestige Leisure website and/or any related supplier Databases , software or website (the “Intellectual Property Rights”). All rights are reserved in respect of the Intellectual Property Rights. The owner of the Intellectual Property Rights is Prestige Leisure its affiliates, suppliers or other third party licensors. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an order with Prestige Leisure or using our website as a shopping or marketing resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly authorised to do so,for example in order to complete any test or questionnaire or where Products or Marketing Materials have been ordered from Prestige. Where Prestige authorises you to use any of its images, trademarks or designs or the images, trademarks or designs of any of its suppliers, all such authorisations shall be for the period expressly authorised by Prestige which in all cases shall be subject to a maximum period of 1 year.

10. Linked sites

Prestige Leisure make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from Prestige Leisure and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that Prestige Leisure endorses or accepts any responsibility for the content, or the use of, such a website or any products (including for the avoidance of doubt but without limitation any software or Databases (“Third Party Products”) ordered from such a website and Prestige Leisure shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

11. Availability of our website

We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.

12. Liability

12.1 We promise that for any Product or Marketing Materials or Databases you purchase from or via our website:

(a) we have the right to sell the Product to you or to introduce the supplier to you as regards the supply to you of Third Party Products;

(b) the Product will correspond with the Specification we have given to you following your order through the website; and

Subject to this, however, Products and /or Marketing Materials are not sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing. We also promise that any service we provide to you will be provided with reasonable skill and care.

We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the Products), our website or any information or service provided through our website.

We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.

12.2 We accept no liability for any indirect or consequential loss or damage, or for any direct or indirect loss of data, profit, revenue or business in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing Products (which shall be subject to the exclusions and limitation of liability set out in these terms and conditions), we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Prestige Leisure or our servants, agents or any other person or entity.

12.3 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product or Marketing Materials concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.

12.4 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

12.5 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.

13. Database rights and restrictions

13.1 If you purchase Database information from us, you are granted a personal, non-exclusive, non-transferable licence to use, subject to the restrictions set forth below, the Database on one occasion only (for a single-use licence) or for one year from the date we supply the Database to you (for an annual licence).

13.2 Licence Restrictions

(a) Subject to clause (b) below, you shall not (i) publish or display for public viewing the Database or any part thereof; (ii) allow any third party access to the Database or any part thereof; or (iii) permit any third party to use, or use for the benefit of any third party, the Database or any part thereof for any purpose and whether as a bureau or in order to provide services to such third party.

(b) Notwithstanding the foregoing, you may allow your employees and contractors to use the Database on your behalf, provided that you ensure that your employees and contractors comply with the terms of this agreement as if their actions were your actions and you shall be liable to us for any breach of this agreement by any such employees or contractors as if that breach had been committed by you.

(d) You undertake not to send to any individual listed in any Database any communication that either (i) is incorrect, misleading or misrepresentative of the truth, (ii) contravenes any codes of practice regarding advertising and sales promotion, (iii) is defamatory, obscene, pornographic, inflammatory, political, racist, sexist, indecent or contains religions material seeking to convert, (iv) contravenes any legislation and/or (v) contains anything which infringes the intellectual property rights of a third party (“Prohibited Commercial Communications”).

(e) We reserve the right to require you to supply us with two samples of any communication that you intend on using to market goods or services to individuals listed in any Database.

(f) A Database shall not be delivered to you if it is reasonably determined by us that any communication that you intend on sending to any individual in that Database is a Prohibited Commercial Communication.

13.3 Warranties

(a) It is warranted that the Database will be produced with reasonable care and skill.

(b) You acknowledge that the accuracy of any personal data included in any Database, in particular as a result of individuals no longer residing at a particular address, will deteriorate over time and that it is therefore important that you comply with your obligations under clause 13.5.

(c) Except as expressly set forth in this agreement, we give no warranties, whether express or implied, regarding or relating to the Database. To the maximum extent permitted by law, we specifically disclaim all implied warranties as to satisfactory quality and fitness for any particular purpose (even if we have been informed of such purpose) with respect to the Database.

13.4 Intellectual Property Rights

The proprietary rights in the Database and any modifications and copies thereof are vested in and shall remain vested in us or our suppliers.

13.5 Data Protection

If you purchase database information from us:

(a) Each party warrants to the other that it is registered pursuant to the provisions of the Data Protection Act 1998 (the “Act”) for all categories of the business it undertakes. Each party warrants its compliance with and undertakes that it will comply with the provisions of the Act and the Direct Marketing Code of Practice with regards to the collection, maintenance and use of personal data (as that term is defined in the Act).

(b) You warrant to us that you:

(i) have, and you also undertake to ensure that you continue to have, an adequate system in place for updating the personal data in the Database;

(ii) shall make any necessary suppressions from the personal data in the Database in accordance with the Act, the Direct Marketing Code of Practice and accepted industry standards and, in particular, shall clean the Database against the Mailing Telephone Preference Service file (TPS) in accordance with the rules set forth in the Direct Marketing Code of Practice. In particular, where the Database includes telephone numbers, the End User shall ensure that the Database is cleaned against the most recent TPS file no more than 28 days before using it;

(iii) shall act promptly to suppress any data (without removing it from the Database) and/or correct any personal data included in the Database following a request to do the same from the individual to whom that personal data relates;

(iv) shall notify us of any request received to suppress a deceased name or disputed data from the Database within five days after receiving any such request;

(v) shall notify us of any request for access, correction or deletion of inaccurate data within five days after receiving any such request;

(vi) shall notify us promptly in the event of any communication being returned “gone away” or “undeliverable” and identify for us the name and address of the individual to whom that communication was sent;

(vii) shall act promptly to supply the name of the source of any personal data in the Database upon receiving a request for the same from the data subject to whom that personal date relates;

(viii) shall implement and maintain appropriate technical and organisational security measures against unauthorised and unlawful processing of the personal data contained in the Database and against accidental loss and destruction of, and damage to, such personal data in accordance with all appropriate data protection legislation. Such measures shall include making your employees and contractors aware of your obligations under this agreement;

(ix) shall not transfer any personal data received from or on behalf of us outside the European Economic Area; and

(x) shall not use the personal data received from us other than in accordance with the terms of this agreement.

14. Confidentiality

14.1 “Confidential Information” includes without limitation the terms of this agreement, any Database (which is Confidential Information of our suppliers), any information identified by the disclosing party as proprietary or confidential and any information that, when taking into consideration the circumstances surrounding disclosure of the same, a reasonable person would determine to be of a confidential or proprietary nature.

14.2 Each party shall hold in confidence Confidential Information of the other party and the other party’s licensors and use it solely in accordance with the provisions of this agreement and not disclose, or permit to be disclosed, said Confidential Information directly or indirectly to any third party without the other party’s prior written consent. Notwithstanding the foregoing, each party (“First Party”) may disclose Confidential Information of the other and its licensors, in whole or in part, to the First Party’s employees, officers, directors, professional advisers and/or subcontractors (i) who require access to the same in order to enable the First Party to exercise its rights and perform its obligations hereunder and (ii) provided that the First Party ensures that they keep such information confidential.

14.3 All Confidential Information shall remain the Confidential Information and the sole property of the disclosing party or its licensors.

14.4 Information will not be considered to be Confidential Information if (i) available to the public other than by a breach of this agreement; (ii) property disclosed to a party, without restriction, by a third party with the legal authority to do so; (iii) independently developed by a party without use or reference to the Confidential Information of the other; (iv) known to the receiving party, without restriction, prior to disclosure by the disclosing party; or (v) produced in compliance with applicable law or a court order, provided the disclosing party is given notice and an opportunity to object to the disclosure.

14.5 In the event of a breach of this clause, the damaged party will be entitled to interdict and/or a decree for specific implement and such further relief as may be proper. The provisions of this clause shall survive the termination of this agreement.

15. General

15.1 We may, but you may not, assign any rights and/or transfer, sub-contract or delegate any obligations under these terms and conditions, and/or charge or deal in any other manner with these terms and conditions or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this clause shall be ineffective. These terms and conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.

15.2 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.

15.3 These terms and conditions together with the privacy policy, any order form and payment method instructions, if any, are the whole agreement between you and Prestige Leisure UK Ltd . You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by Prestige Leisure or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, privacy policy, order form and payment method instructions.

15.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

15.5 These terms and conditions and your use of our website are governed by Scottish law and you submit to the non-exclusive jurisdiction of the Scottish courts.

15.6 Except in respect of a payment obligation, neither you nor Prestige Leisure will be held liable for any failure to perform any obligation to the other due to causes beyond your or Prestige Leisure’s respective reasonable control.

15.7 Failure or delay by either party in enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.

15.8 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.

15.9 In the event of any conflict between these terms and the terms of any Distribution agreement entered into by Prestige Leisure and any party forming a contract with Prestige Leisure through this website or by placing telephone or fax orders, the terms of the distribution agreement shall prevail.

16. Notices

All notices shall be given:

(a) to us via email at info@prestigeleisure.com or by post at Prestige Leisure UK Limited 36 Firth Road Houstoun Industrial Estate Livingston West Lothian EH54 5DJ or

(b) to you at either the email or postal address you provide during any ordering process.

Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or three (3) days after the date of posting.

17. Replacement

These terms and conditions of use and sale replace all other terms and conditions previously applicable to the use of our website and/or sale of the Products, the Marketing Materials or any Third Party Products.

18. Partnership & Agency Excluded

This agreement does not give rise to a partnership between the parties. Each party hereby acknowledges and agrees that in placing orders through this website, by telephone or otherwise each party is acting as a principal and not as agent for any third party.

19. Governing law and jurisdiction

19.1 This agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of Scotland.

19.2 The parties irrevocably agree that the courts of Scotland have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).