Terms and Conditions of Sale

 

By purchasing or ordering the Goods and/or Services, you agree to be bound by the terms and conditions set out below.

 

If you have any questions relating to these Conditions, please contact us using the support page.

 

Definitions

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Instahit                                    

Infinity National Ltd, together with its subsidiary and holding companies and any subsidiaries of such holding companies;

Conditions                               

These terms and conditions;

Goods                                      

Any goods you purchase under these Conditions;

Non-subscription Services     

Any Services other than Subscription Services;

Personal Information              

Any data provided by you to us;

Services                                   

Any services you order or otherwise purchase under these Conditions;

Subscription Services             

Services to which you subscribe on an ongoing basis;

Us/our/we                                

Infinity National Ltd, a company registered in England and Wales under the number 11898019 with a registered office located at 12 Monmouth Walk, Cwmbran, NP44, VAT number 335146907.

Website                                   

Either one of the websites located at www.instahit.co.uk or any other URL which may replace it;

You/Your                                 

The person ordering or otherwise purchasing the Goods or Services.

 

You make the following undertakings:

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• You are over the age of 18 years;

• You are a resident of the United Kingdom;

• You will pay us all amounts due in a timely manner using a payment method registered in your name;

• You will ensure all information provided is true, accurate and complete;

• You will immediately notify us of any changes to any personal information;

• You will not mislead in any way;

• You have fully read these terms and conditions and accept them;

• You have ready the Returns Policy, Warranty and Privacy Policy and accept them.

 

Rights and Obligations

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• We reserve the right to modify these terms and conditions without limitation and at our sole discretion. 

• We reserve the right to modify, change, withdraw or re-instate, any aspect (including but not limited to specification, description and price) of any goods or services without limitation and at our sole discretion.

• Except where any rights mentioned in 2a and 2b above directly effects an order you have placed for goods and/or services, we shall not be obliged to give you any notice in exercise of the said discretion.

• Where any rights mentioned in 2a and 2b above directly effects an order you have placed (including but not limited to specification, quality, performance or price) we will notify you in advance to ensure you wish to proceed with the order. 

• Unless we are legally obliged to make retrospective changes to these conditions (in which case such changes will apply to orders not yet fulfilled), and subject to the above, when you place any order in relation to goods, non-subscription services and/or subscription services, the policies and conditions in force at the time of placing the order will apply.

• We shall not exercise our rights in such a manner so as to result in your substantial detriment in relation to any of the goods, non-subscription services and/or subscription services, for which we have accepted an order from you, unless our rights were exercised due to matters outside our control. 

• All delivery times are to be treated as estimates only and invariably delays can arise outside our reasonable control. 

 

Orders

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• Goods and Services are available only to individuals who we, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, residents in the UK.

• The delivery address you provide must be your registered address of residence and cannot be a PO Box or Hotel address. 

• When placing an order for goods, non-subscription services and/or subscription services, you must provide all the information requested by us whilst making your purchase. Incomplete or inaccurate information may result in delays and/or your order being cancelled. 

• The contract will only be completed once we dispatch your goods and/or commence the provision of any services. At all other material times your order will be treated as an offer to purchase. All updates on your order whether automated or otherwise will not amount to any kind of acceptance of your offer.

• All orders are subject to acceptance and availability. If the Goods You have ordered are not available from stock you will be given the option either to wait until the item is available, receive a substitute of equivalent price or to cancel Your order.

• At our sole discretion, we may, limit, restrict or reject any order you place at any time prior to the contract having been completed. Where this happens, we will notify you.

• At our sole discretion, we may, limit restrict or reject any order we suspect is being placed by any dealer or entity who are placing orders for profit. 

 

Price and Payment

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• The price of goods and services (if applicable) shall be the price we inform you prior to the contract being formed and shall include VAT at the current rates, unless there is a VAT exemption. 

• Where you fail to make any payment due for goods or services where a contract has been formed then, without prejudice to any other right or remedy we have, we may cancel this agreement and seek recovery through the Courts. 

• Any method of payment is registered in your name and used by you without any restrictions or limitations.

• We will not be liable for any delays caused by the payment processor or provider where additional checks and authorisation is necessary and/or where payment has failed. 

• When you have received your goods all risk of damage or loss shall pass to you.

• Ownership of any goods shall not pass to you unless and until we have received full cleared payment. Until such a time the goods are to be held in trust by you and identified as our property with full rights over it. 

• You will be liable for any loss or damage however caused to any goods you hold in trust. 

 

Cancellation, Returns and Exchanges

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• Without prejudice to our rights under clause 1, if either party breaks the terms of these Conditions in any material way, the other party can terminate these Conditions by giving the other party 7 days' written notice.

• Our Returns Policy, which forms part of these conditions, sets out when you may be entitled to a Refund or Exchange. Where there is a conflict between the provisions of the Returns Policy and these conditions then these conditions shall take precedent over the conflicting provision only. 

• Notwithstanding anything in these conditions or anything in our Returns Policy, we may, exercise discretion and/or goodwill in your favour.

• Nothing in these Terms and Conditions affects your rights under the Consumer Protection (Distance Selling) Regulations 2000, which give you certain cancellation rights when ordering over the telephone or online.

• You are entitled to inspect and handle any goods received as you would in a retail shop. However, if you use the Goods, you may lose your right to cancel your purchase. 

• If you cancel an order for goods, they must be returned to us by a signed for delivery service, complete as supplied and with the original box, all undamaged.

• If you fail to return the goods, we may charge you the costs we incur in recovering the goods from you and/or the retail value of any used, missing or damaged items.

• All goods, unless stated otherwise and subject to the Returns Policy and Warranty Policy, are sold with the benefit of a manufacturer’s warranty. This provides you with additional legal rights in relation to Goods which are faulty, or which otherwise do not conform to the legally required standard.

 

Your Personal Information

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• We need to collect certain personal information to provide you with the goods and/or services.

• Our Privacy Policy, which forms part of these conditions, sets out when and how we use your personal information. 

• You agree that we may use, update, share and process your personal information in accordance with our Privacy Policy.

• A comprehensive description of how we use personal information is publicly available from the Information Commissioner, www.ico.gov.uk.

• If you would like us to tell you what information we hold about you contact us through the support page. A £10 administration fee will be applicable, and we will require a copy of your ID with each request. 

• You will have the opportunity to consent to us contacting you by post, email, phone, SMS or MMS about products and services which Infinity National Ltd and carefully selected third parties believe may be of interest to you. You can make changes to your marketing preferences at any time by contacting us through the support page. Please note that it may take up to 28 days for such changes to take effect.

• Monitoring or recording of your calls may take place for our business purposes. Call charges may apply depending on your provider. 

 

Limitation of Liability

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• We will not be liable for any loss or damage caused by us where is no breach of legal duty of care owed to you by us and/or where such loss or damage is not reasonably foreseeable. 

• We will not be liable for any loss or damage caused by your breach of these conditions.

• Our liability shall never extend to include loss relating to any business of a customer, including but not limited to, lost data, profits or business interruption. 

• Nothing in these conditions shall exclude or limit our liability for death or personal injury from our acts or omissions or those of our employees, or limit you rights under applicable UK Law.

• We will aim to provide all services with reasonable skill and care and on a commercially reasonable basis, however we make no warranty that the services will meet your exact requirements or that they will always be available.

• We will use reasonable endeavours to verify the accuracy of any information we place on the Website, however we make no warranties, whether express or implied in relation to its accuracy.

• The Website is provided on an as is and as available basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

• We make no warranty that the Website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

• To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Goods and Services including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose.

• The information provided to you in connection with the Goods and Services is provided by the suppliers of such Goods and Services and you acknowledge that We do not verify the accuracy of such information. The fact that information, products or services are shown on this site does not necessarily mean that you should rely on the information (whether provided by us or third parties), we endorse the information, products or services provided by third parties or the products and services that we provide are suitable for you. It is your responsibility to independently verify all information. 

• You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.

• We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these Conditions for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings), or any loss of goodwill or reputation, or any loss which was not brought to our attention at the time the contract was made or any loss that would be an unforeseeable consequence of a breach of the contract by us, or in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred, was suffered or incurred by one of us arising out of or in connection with the provisions of any matter under these Conditions.

 

General

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• If either party cannot do what we have promised due to events beyond our reasonable control, such party will not be liable for breach of these conditions.

• Only parties to the contract can benefit from these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999.

• Only we may, assign, charge or otherwise dispose of our rights under these Conditions. You may not and any attempt by you to do so shall be void. 

 

Access 

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• We will provide you will access to the Website where you will be invited to view the goods and services we provide and make us an offer to purchase.

 

Your Obligations 

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• You agree not to use the Website (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant laws.

• You agree not to upload or transmit through the Website without limitation, any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.

• You agree not to upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety.

• You agree not to use the Website in a way that may cause it to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.

• You agree not to use the Website in any manner which violates or infringes the rights of any person, firm or company or the rights thereof (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy).

• You agree not to attempt any unauthorised access to any part or component of the Website.

• You agree not to instruct or encourage anyone else to act in a way that breaches your obligations under this clause.

• You agree to be liable for any loss and costs we incur due to your breach of this clause including but not limited to loss of business.

• You agree that in the event that You have any right, claim or action against any other User arising out of that User's use of the Website, then You will pursue such right, claim or action independently of, and without recourse to Us. 

 

Indemnity

1. You agree to be fully responsible for all claims, liability, damages, losses, costs and expenses, including legal fees on a full indemnity cost basis, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using Your Internet account and/or Your Personal Information.

 

Our Rights

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• Subject to clause 2 above, we reserve the right to modify, withdraw or re-instate the website or any part thereof including these Terms and Conditions and all other Policies without notice and you confirm that we will not be liable for any loss you or any third party incurs when we exercise this absolute right. It is your responsibility to check for any changes and if you do not agree with any of them then you must stop using the website immediately.

• We reserve the right to refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion even after the process has begun and you confirm that we will not be liable for any loss you or any third party incurs when we exercise this absolute right.

 

Third Part Links

• Where we provide links to third party websites or resources you agree that we are not liable in any way and to any extent of the content or policies of such websites or resources. 

• When accessing third party websites or resources you accept that we have no control over their content whatsoever and therefore owe you no duty of care.

 

Monitoring

1. We have the right, but are under no obligation, to monitor any activity and content associated with the Website. We may investigate any violations or complaints and take any action we decide appropriate including legal (civil and/or criminal) recourse.

 

Intellectual Property and Rights of Use

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• You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us in writing.

• You agree that the material and content contained within the Website is made available for your personal non-commercial use only. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

 

Notices

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• You may send notices under or in connection with these Conditions by post to:

 

Legal Department

Instahit

68-70 Cowbridge Road East

Cardiff

CF11 9DU

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• You must ensure that you have received an acknowledgement from us which should be retained.

 

Severance, Survival and Waiver

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• If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

• Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

• No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

 

Entire Agreement

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• These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings, representations or proposals, written or oral, between you and us in relation to such matters. You confirm that you have read these conditions and, you fully understand them, and you also agree that these conditions are the only terms that govern your relationship with us.

 

Law

• These Conditions shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

 

Complaints

• We will endeavour to deal with your complaint confidentially, fairly and efficiently.

• If you have a complaint contact us using the support page.

• We will to respond to you within 2 working days and provide you with a time scale for resolving the dispute. 

• We undertake to check Our system regularly for handling complaints and welcome any suggestion in relation to how this system may be improved.