Shur-Set Tackle (shur-set.com)
owns and operate this Website. This document governs your relationship
with shur-set.com (website). Access to and use of this Website and the products
and services available through this Website (collectively, the
"Services") are subject to the following terms, conditions and
notices (the "Terms of Service"). By using the Services, you are
agreeing to all of the Terms of Service, as may be updated by us from time to
time. You should check this page regularly to take notice of any changes we may
have made to the Terms of Service.
Access to this Website is
permitted on a temporary basis, and we reserve the right to withdraw or amend
the Services without notice. We will not be liable if for any reason this
Website is unavailable at any time or for any period. From time to time, we may
restrict access to some parts or all of this
Website. This Website may contain links to other websites (the
"Linked Sites"), which are not operated by www.shur-set.com. www.shur-set.com
has no control over the Linked Sites and accepts no responsibility for them or
for any loss or damage that may arise from your use of them. Your use of the
each such site.
By using this Website, you
consent to the processing of any order, payment, marketing private soliciting
by www.shur-set.com and all data provided by you is accurate.
You must not misuse this
Website. You will not: commit or encourage a criminal offense; transmit or
distribute a virus, trojan, worm, logic bomb or any other material which is
malicious, technologically harmful, in breach of confidence or in any way
offensive or obscene; hack into any aspect of the Service; corrupt data; cause
annoyance to other users; infringe upon the rights of any other person's
proprietary rights; send any unsolicited advertising or promotional material,
commonly referred to as "spam"; or attempt to affect the performance
or functionality of any computer facilities of or accessed through this
Website. Breaching this provision would constitute a criminal offense and www.shur-set.com
will report any such breach to the relevant law enforcement authorities and
disclose your identity to them.
We will not be liable for any
loss or damage caused by a distributed denial-of-service attack, viruses or
other technologically harmful material that may infect your computer equipment,
computer programs, data or other proprietary material due to your use of this
Website or to your downloading of any material posted on it, or on any website
linked to it.
Property, Software and Content
The intellectual property
rights in all software and content (including photographic images) made
available to you on or through this Website remains the property of www.shur-set.com
or its licensors and are protected by copyright laws and treaties around the
world. All such rights are reserved by www.shur-set.com and its licensors. You
may store, print and display the content supplied solely for your own personal
use. You are not permitted to publish, manipulate, distribute or otherwise
reproduce, in any format, any of the content or copies of the content supplied
to you or which appears on this Website nor may you use any such content in
connection with any business or commercial enterprise.
By placing an order you are
offering to purchase a product on and subject to the following terms and
conditions. All orders are subject to availability and confirmation of the
order price. Dispatch times may vary according to availability and
subject to any delays resulting from postal delays or force majeure for which
we will not be responsible.
In order to contract with www.shur-set.com
you must be over 18 years of age and possess a valid credit or debit card
issued by a bank acceptable to us. www.shur-set.com retains the right to refuse
any request made by you. If your order is accepted we will inform you by email
and we will confirm the identity of the party which you have contracted with.
This will usually be www.shur-set.com or may in some cases be a third party.
Where a contract is made with a third party www.shur-set.com is not acting as
either agent or principal and the contract is made between yourself and that
third party and will be subject to the terms of sale which they supply you.
When placing an order you undertake that all details you provide to us are true
and accurate, that you are an authorized user of the credit or debit card used
to place your order and that there are sufficient funds to cover the cost of
the goods. The cost of foreign products and services may fluctuate. All prices
advertised are subject to such changes.
(a) Our Contract
When you place an order, you
will receive an acknowledgement e-mail confirming receipt of your order: this
email will only be an acknowledgement and will not constitute acceptance of
your order. A contract between us will not be formed until we send you
confirmation by e-mail that the goods which you ordered have been dispatched to
you. Only those goods listed in the confirmation e-mail sent at the time of
dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that
all details, descriptions and prices which appear on this Website are accurate,
errors may occur. If we discover an error in the price of any goods which you
have ordered we will inform you of this 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.
Delivery costs will be charged
in addition; such additional charges are clearly displayed where applicable and
included in the 'Total Cost'.
Upon receiving your order we
carry out a standard authorization check on your payment card to ensure there
are sufficient funds to fulfill the transaction. Your card will be debited upon
authorization being received. The monies received upon the debiting of your
card shall be treated as a deposit against the value of the goods you wish to
purchase. Once the goods have been dispatched and you have been sent a
confirmation email the monies paid as a deposit shall be used as consideration
for the value of goods you have purchased as listed in the confirmation email.
The material displayed on this
Website is provided without any guarantees, conditions or warranties as to its
accuracy. Unless expressly stated to the contrary to the fullest extent
permitted by law www.shur-set.com and its suppliers, content providers and
advertisers hereby expressly exclude all conditions, warranties and other terms
which might otherwise be implied by statute, common law or the law of equity
and shall not be liable for any damages whatsoever, including but without
limitation to any direct, indirect, special, consequential, punitive or
incidental damages, or damages for loss of use, profits, data or other
intangibles, damage to goodwill or reputation, or the cost of procurement of
substitute goods and services, arising out of or related to the use, inability
to use, performance or failures of this Website or the Linked Sites and any
materials posted thereon, irrespective of whether such damages were foreseeable
or arise in contract, tort, equity, restitution, by statute, at common law or
otherwise. This does not affect www.shur-set.com's liability for death or
personal injury arising from its negligence, fraudulent misrepresentation,
misrepresentation as to a fundamental matter or any other liability which
cannot be excluded or limited under applicable law.
to this Website
You may link to our home page,
provided you do so in a way that is fair and legal and does not damage our
reputation or take advantage of it, but you must not establish a link in such a
way as to suggest any form of association, approval or endorsement on our part
where none exists. You must not establish a link from any website that is not
owned by you. This Website must not be framed on any other site, nor may you
create a link to any part of this Website other than the home page. We reserve
the right to withdraw linking permission without notice.
as to ownership of trade marks, images of personalities and third party
Except where expressly stated
to the contrary all persons (including their names and images), third party
trade marks and content, services and/or locations featured on this Website are
in no way associated, linked or affiliated with www.shur-set.com and you should
not rely on the existence of such a connection or affiliation. Any trade
marks/names featured on this Website are owned by the respective trade mark
owners. Where a trade mark or brand name is referred to it is used solely to
describe or identify the products and services and is in no way an assertion
that such products or services are endorsed by or connected to www.shur-set.com.
You agree to indemnify, defend
and hold harmless www.shur-set.com, its directors, officers, employees,
consultants, agents, and affiliates, from any and all third party claims,
liability, damages and/or costs (including, but not limited to, legal fees)
arising from your use this Website or your breach of the Terms of Service.
have the right in its absolute discretion at any time and without notice to
amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of
Service is unenforceable (including any provision in which we exclude our
liability to you) the enforceability of any other part of the Terms of Service
will not be affected all other clauses remaining in full force and effect. So
far as possible where any clause/sub-clause or part of a clause/sub-clause can
be severed to render the remaining part valid, the clause shall be interpreted
accordingly. Alternatively, you agree that the clause shall be rectified and
interpreted in such a way that closely resembles the original meaning of the
clause /sub-clause as is permitted by law.
We operate a complaints
handling procedure which we will use to try to resolve disputes when they first
arise, please let us know if you have any complaints or comments.
If you breach these conditions
and we take no action, we will still be entitled to use our rights and remedies
in any other situation where you breach these conditions.
The above Terms of Service
constitute the entire agreement of the parties and supersede any and all
preceding and contemporaneous agreements between you and www.shur-set.com. Any
waiver of any provision of the Terms of Service will be effective only if in
writing and signed by a Director of www.shur-set.com.