Term of Services
(Updated on 13th, March 2019)
This website is operated by GoggleCover. Throughout the site, the terms “we”, “us” and “our” refer to GoggleCover. GoggleCover offers this website, including all information, products and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or products which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
This GoggleCover Agreement - T&C's is a contract between you and GoggleCover, having its registered office at GogglesCover, 1 Kemp House, 160 City Road, London, EC1V 2NX branded as GogglesCover ("WE"), and covers all GogglesCover’s made pursuant to this Website.
Our website is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
NATURE OF SERVICES
GogglesCover is an innovative webstore which offers a fashionable replacement to a ski goggles bag designed in London (hereinafter referred to as the products OR THE 'Service'). GogglesCover is a stretchy fabric which fits most ski goggles. They have been created to be worn when your ski goggles are not in use.
They are professionally designed in London and come in a range of 100+ different prints. GogglesCover protects your goggles and can also be used to clean your lenses. They are an affordable accessory suitable for all ages.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, country or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
- You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICE OF THE GOODS
Prices for our products are subject to change without notice.
- We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
- We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
- Prices and availability are subject to change without notice. We reserve the right to alter prices and / or special offer details at our own discretion.
- Our Adverts and Web site descriptions, images and colours are subject to change and are for illustrative purposes only. In the event of a particular colour or variation not being available we will make every attempt to find a suitable alternative. Please note that many GooglesCover carry different colours/graphics depending on size.
- In addition to the price, you may be required to pay a delivery charge for the goods.
We set the same initial prices across all GooglesCover, adverts online. However, over time prices may vary due to special offers and promotions being run. From time to time we may alter the pricing online so that the prices are lower than in the current catalogue, adverts or in store. Unfortunately we cannot offer the same pricing in this instance in the store and over the phone.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
WE RESERVE THE RIGHT
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.
We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
MAKING A PURCHASE
Making a purchase could not be easier. Just browse our store, or use Quick search to find what you need and add ('add to cart') any items that you wish to buy into the shopping cart. After you have finished your selection, click on 'View Cart' and you will be asked for a few details that we need to be able to complete the order.
We accept payments from Visa, Mastercard, Access, Switch, Solo, PayPal, Delta, Visa Electron and American Express. We do not see or hold your payment card details, this is all handled by our secure payment service provider.
Please ensure someone will be at your stated delivery address, Monday to Friday, between 9am - 6pm, otherwise the parcel company will put a delivery card through your door. They will only make two delivery attempts, after which your parcel will be returned to us, and we will have to charge you a second delivery cost.
A confirmation of order will be sent to you via email, this is to indicate that we have received your order. It does not indicate that a contract exists between us. We will indicate acceptance of your order, and hence a contract between us, when we send you an invoice. We have included this term to protect us in the case that a mistake has been made in pricing, we have inadvertently underpriced goods, or we are no longer able to supply a particular product for some reason. In the case of a change of price, we will always contact you first to ensure that the price is acceptable.
All credit and debit card transactions must be authorized by the card issuer.
If the issuer of your card refuses to authorize payment to us or if validation of your card is not immediately available, GoggleCovers will not be liable for any delay and/or non-delivery of your order.
The GoggleCovers reserves the right to:
- Conduct our own enquiries into the validity of any credit or debit card and/or to use the services of any agent in so doing.
- Restrict delivery to the cardholder’s address.
- Decline any transaction or sale for any reason whatsoever without declaring the reasons for such action.
- Delay shipments until satisfied as to the authenticity of any payment via whatever means.
All items supplied to the customer remain the property of GoggleCovers until final payment of all sums owing in respect of those goods has been received in full by us.
CANCELLING YOUR ORDER
If you need to cancel your order before it's been sent out, please call 0208 1919 226 before 12.00pm on the day you order, or if you order after 6pm, call us before 12pm the following day.
If you are unhappy with your goods once they arrived you are entitled to return the goods for a refund or replacement. Please see our Returns policy for further info.
We are not a VAT registered company
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Security is probably one of the most significant concerns for both the shopper and the retailer during an online transaction. In reality, an online transaction is probably more secure than a card transaction in a shop or conducted over the telephone or by fax, as the information transmitted online is strongly encrypted using complicated logarithm combinations.
The 128bit Secure Server payment system uses a combination of both established and innovative techniques to ensure the security and integrity of all sensitive data.
THIRD PARTY / OPTIONAL PRODUCTS
We may provide you with access to third-party products over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such products”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party products.
Any use by you of optional products offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which products are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new products and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
The GogglesCover will not be liable for non-performances of our obligations caused by or resulting from industrial disputes or any other circumstances beyond the reasonable control of the company such as acts of God, riots, civil commotion, flood, fire and legislation.
If by reason of such circumstances it shall become impossible within a reasonable time for the company to wholly or partly supply the items ordered then liability will be limited to the value of the items together with any associated delivery charges.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
In no case shall GogglesCover, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
- We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
- We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
- You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
- You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
You agree to indemnify, defend and hold harmless GogglesCover and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
LIMITED WARRANTY AND DISCLAIMER
THE GOGGLESCOVER DISCLAIMS (AND BY ACCEPTING THE GOGGLESCOVER USER WAIVES) ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES RELATED TO THE DESIGN, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE GOGGLESCOVER DOES NOT REPRESENT OR WARRANT THAT THE USER’S USE OF THE PRODUCTS OR SERVICES WILL BE SECURE, UNINTERRUPTED, OR DEFECT-FREE OR THAT THE PRODUCTS OR SERVICES WILL MEET USER’S REQUIREMENTS.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable English law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
You have the choice of denying cookies on your browser but your denial of cookies may mean that you will not be able to use some of the interactive features provided on our website.
Please note that the cookies we employ are saved on your browser’s local storage.
To the fullest extent permitted by law, User shall, at its own expense, indemnify, defend, protect, and hold the GoggleSCover, its shareholders, officers, directors, agents, and employees harmless from and against all Claims (as defined below) related to
- the use by User or its family members, friends, employees, agents, or any other individual or entity who User permitted to use the products;
- User’s breach of these Terms; or
- any act or omission of User or its family members, friends, employees, agents, or any other individual or entity who User permitted to use the products related to or involving the service or these Terms. For purposes hereof, “Claims” means any and all claims, causes of action, losses, costs, liabilities, damages, charges, fines, penalties of any kind (including reasonable attorneys’ fees).
This indemnification extends to and includes Claims for: (x) injury to any persons (including death at any time resulting from that injury) and (y) loss of, injury or damage to, or destruction of real or personal property (including all loss of use resulting from that loss, injury, damage, or destruction; and all economic losses and consequential, resulting, incidental, or punitive damages of any kind. The provisions of this section shall survive termination of these Terms until all Claims involving any of the indemnified matters are fully, finally, and absolutely barred by the applicable statutes of limitation.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECURITY OF INFORMATION UNDER GDPR COMPLIANCE
GogglesCover always does its utmost to protect your personal information. To prevent illegal access, maintain data accuracy, and ensure the proper use of information, we use practical administrative practices and actions to protect your information. To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
You however understand that there is no full assurance of security for information made available on or through the internet. GogglesCovers will thus not bear responsibility for unauthorized access to your information that is beyond our control.
GogglesCover (www.gogglescover.com) is committed to maintaining user privacy on our website. GogglesCover respects the privacy of all its website users. We take seriously the protection of your privacy and confidentiality. We understand that all visitors to our website are entitled to know that their personal data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third party.
Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.
INTERNATIONAL USERS CONDUCTS
The Service is controlled, operated and administered by GogglesCovers and www.GogglesCover.com from our offices in London England. If you access this website from a location outside the United Kingdom, you are responsible for compliance with all English local laws.
You agree that you will not use the GogglesCover and www.gogglescover.com Content accessed through www.gogglescover.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
These Terms of Service and any separate agreements whereby we provide you products or Services shall be governed by and construed in accordance with the laws of London England.
Whilst GogglesCover do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and or up to date.
All material contained on this Website is provided without any or warranty of any kind. You use the material on this Website at your own discretion.
Copyright (c) 2019(s) of first publication GogglesCover. Our website, logos, scripts, page headers, button icons, and product names included in or made available through www.gogglescover.com are trademarks or trade dress of GogglesCover in England, United Kingdom and other countries.
You are banned from using, republishing, reproducing, transmitting, copying, changing, or distributing the trademarks found on this website in any way without GogglesCover prior clear written consent.
- GogglesCover, together with our licensors, own and control all the copyright and other intellectual property rights in GogglesCover website and the material on our website; and
- The entire copyright and other intellectual property rights GogglesCover website and the material on our website are reserved.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.