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TERMS AND CONDITIONS
Please read the following Terms and Conditions carefully. They contain important information about your rights and obligations.
About us and these Terms and Conditions
Who we are: "We" or "Us" are The Statement Piece. If you have any comments or suggestions, please email us at email@example.com.
Scope of these Terms and Conditions: These Terms and Conditions govern your registration for an account (an "Account"), and the supply by us of any Item ordered by you, on the web site Any particular individual Item that you order at any one time from us is referred to in these Terms and Conditions as a "Item". Further details of the Item can be obtained by reviewing the Website. By registering for an Account, you agree to be legally bound by these Terms and Conditions.
Changes to these Terms and Conditions: No other terms or changes to the Terms and Conditions shall be binding unless agreed to in writing signed by us.
Definitions and Interpretation: In these Terms and Conditions:
"Acknowledgement" means our acknowledgement of your Order;
a "Business Day" means any day other than (i) a Saturday, (ii) a Sunday or (iii) a day when banks are not physically open for business in the United States;
"Confirmation of Order" means our written or electronic communication to you in which we accept your Order in accordance with clause 19;
the "Contract" means your order of an Item in accordance with these Terms and Conditions which we accept in accordance with clause 19. If you order more than one unit of Item, each Item ordered will constitute a separate Contract;
"Order" means the order submitted by you to the Website to purchase a Item from us online;
"Payment Information" means the credit or debit card details you provide to us for the purchase of any Item via the Website;
"you" means the customer who orders an Item from us, whose details are more particularly set forth when going through the Order process on the Website;
references to “clauses” are to clauses of these Terms and Conditions;
headings (including headings within individual clauses) are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
references to “includes” or “including” or like words or expressions shall mean without limitation.
Accepting these Terms and Conditions: These Terms and Conditions shall apply to your registration for an Account, and to all Orders and to all Contracts made or to be made by us for the sale and supply of Item. When you register for an Account on the Website, this shall always constitute your unqualified acceptance of these Terms and Conditions.
Registration for the Website
Age Limit: To register for an Account, you must be over the age of 18.
Registration details: Once you register with the Website, you will be asked to create a username for, and allocate a password to, your Account. You must keep the password confidential and immediately notify us if any unauthorized third party becomes aware of that password or if there is any unauthorized use of your email address or your Account or any breach of security known to you. You agree that any person to whom your username or password is disclosed is authorized to act as your agent for the purposes of using (and/or transacting via) your Account. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
Email addresses: You must be registered with a valid personal email address that you access regularly, so that, among other things, administration emails can be sent to you. Any Accounts which have been registered with someone else's email address or with temporary email addresses may be closed without notice. We may require you to validate Accounts at registration or if we believe you have been using an invalid email address.
Closing Accounts: We reserve the right to prevent you using the Website or your Account, and we reserve the right to decline a new registration.
Placing Orders of an Item
Procedure for making an Order: When placing an Order, you must follow the instructions on the Website as to how to place your Order and for making changes to your Order before you submit it to the Website.
Price: Irrespective of any previous price you have seen, once you select an Item that you wish to Order, you will then be shown the charges you must pay including any fees, duties and taxes, if applicable, and any applicable delivery charges. Unless otherwise stipulated on the Website or agreed in writing by us, all charges are in U.S. Dollars. Subject to clause 21 below, this is the total that you will pay for receipt of the ordered Item.
Delivery: Any delivery charge will be based on a number of factors and will be confirmed before you place your Order.
Payment methods: You shall pay for the Item in full at the time of ordering by supplying us with your Payment Information, which we require in order to process your Order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event (unless otherwise agreed by us in writing) we shall not be bound to fill the order unless and until your payment is complete. We may require credit checks or other anti-fraud checks in certain cases, for example, if the billing address does not match the delivery address – and you hereby agree to cooperate with these checks.
Permission to pay: You must be fully entitled to use the form of payment and account in relation to the Payment Information you provide to us, and your form of payment and account must have sufficient funds to cover the proposed payment to us.
Correct details: You must ensure that all details you provide to us for the purpose of purchasing the Item from us will be correct, that the credit or debit card, or account or other payment method, which you use, is your own and that there are sufficient funds or credit facilities to cover the cost of the Item. We reserve the right to obtain validation of your Payment Information before providing you with a Item.
Being bound by these Terms and Conditions: When you submit an Order to the Website, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.
Your Order is an offer to buy: Your Order remains valid as an offer until the Wendy's Item which is the subject of your Order is shipped to you or, if earlier, when we receive your notice revoking your Order.
Acceptance of your Order: We shall not be obliged to supply the Item to you until we have accepted your Order. Unless expressly stating that we accept your Order, an email, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute our acceptance of your Order. In that Acknowledgement, we may give you an Order reference number and details of the Item you have ordered. We may, in our discretion, refuse to accept an Order from you for any reason, including the unavailability of an Item or we may offer you an alternative Item (in which case we may require you to re-submit your Order first). The Contract shall be formed and we shall be legally bound to supply the Item to you when we accept your Order. Acceptance shall take place when we expressly accept your Order by email in a form called an “Order Confirmation” stating that we are accepting your Order. Our Order Confirmation shall be deemed to come into effect when it has been shipped. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your Order. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If we or you have cancelled your Order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Item.
Mistakes in an Order: If you discover that you have made a mistake with your Order after you have submitted it to the Website, please contact us through the “My Account” section of the Website or by email to firstname.lastname@example.org.
Accuracy of prices: We try very hard to ensure that the price given to you is accurate, but the price of your Order will need to be validated by us as part of our acceptance procedure. If the price for the Order changes before we accept your Order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
Delivery of the Item
Delivery: We aim to deliver the Item to you at the place of delivery requested by you in your Order.
Accepting delivery: We cannot leave Item at places of delivery stipulated in your Order if you, or someone you have authorized to accept delivery, is not present to accept delivery. Anyone at the delivery address will be deemed to be authorized to accept delivery.
Timeframe: We aim to deliver within 30 days of the date on which you place your Order or such other timeframe as may be indicated on the Website. However, we cannot promise an exact date at the time of your Order. We always aim to deliver in accordance with any confirmed delivery date we have given to you for any Order which we accept but we cannot guarantee any firm delivery dates.
Next day delivery details: We may offer you an option for next day delivery of your Order. However, if next day delivery is available through the Website, we only offer next day delivery for Orders placed (and for which we have received full payment) before 10am. Next day delivery may not be available for Orders placed on, or that you want to be delivered on days other than a Business Day. Finally, next day delivery will always be subject to availability of stock, subject to a surcharge and will always be dependent on where the delivery location is as to whether we can offer it.
Delivery times: We aim to have the carrier deliver between normal business hours on Business Days; however, such delivery times and dates are subject to third party delivery carriers. Specific estimates for the time of delivery on any delivery date cannot be given.
Unable to meet estimated delivery date: We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
Accepting delivery: On delivery of the Item, you are required to sign for delivery. You agree to inspect the Item for the correct quantities and any obvious faults, defects or damage. You need to keep receipt of the delivered item in case of future discussions with us about it. You must submit any claim to us for faulty, defective or damaged Item in accordance with this clause through the “My Account” section of the Website. If you do report a faulty, defective or damaged Wendy's Item to us, our return and/or exchange policy shall govern.
Difficult locations: Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using your contact details and arrange for cancellation of the Order or an alternative delivery address.
Packaging: We deliver in our standard packaging.
Risk: All risk in the Item shall pass to you upon delivery, except that where delivery is delayed due to your breach of your obligations under the Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the.
Care when opening: You must take care when opening the Item so as not to damage it, particularly when using any sharp instruments.
Readiness to receive Item: You shall ensure that you are ready for safe receipt of the Wendy's Item without undue delay and at any time reasonably specified by us.
If you are not around: If you are not available to take delivery, we may leave a card giving instructions on redelivery from the carrier. We may also pass on any costs incurred by us consequent on no-one being available to take delivery.
Refusal to accept delivery: If delivery or collection is delayed through your unreasonable refusal to accept delivery, if you are not at the place of delivery stipulated in your Order on the delivery date that we agree with you, if you refuse to sign for the delivery of the Item on delivery or if you do not (within two weeks of our first attempt to deliver the Item to you) accept delivery or collect the Item from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following: (a) charge you for our reasonable storage fee and other costs reasonably incurred by us, including, but not limited to, redelivery costs; and (b) no longer make the Item available for delivery or collection and notify you that we are immediately cancelling the Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Item).
Do the Item meet your needs?: It is your responsibility to ensure that the Wendy's Item are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Item will meet your individual requirements. You acknowledge that the Wendy's Item are standard and not made to fit any particular requirements that you may have.
Data that we collect
Why we collect your personal data
We use the information collected for the purpose of sending you emails to which you may subscribe and emails with or about other information about us as well as to properly make available to you the Website, Item and sales promotions, fulfilling any order for an Item that you make through or via the Website. We may also use that data to prove payment for an Item that you order through or via the Website and deliver Item to you. We may pass your name and address on to a third party in order to make delivery of an Item that you order through or via the Website to you (for example, to our courier or supplier).
We may also use your data in order to manage the Website, collect payment from you, detect fraud or Website abuses and send you information relevant to the Website. We also need your email address and other contact details, in particular, for sending you information relating to the Website and the services we offer. This includes (without limitation) the following:
1. To allow you to go ahead and register for an account on the Website, which allows you to purchase an Item. This may include sending an email to you to confirm your details, to give you initial information about the service we offer, and to enable you to commence ordering an Item.
2. To respond to you over any questions you raise with us.
3. To give you a link to enable you to have a password resent to you if you tell us or the Website that you have forgotten it.
4. To record and track details of transactions you carry out through or via the Website and of the fulfillment of your orders.
5. To collect details of your visits to the Website including, but not limited to, traffic data, location data, web blogs and other communication data, whether this is required for our own purposes or otherwise and the resources that you access.
6. To provide you with information, products or services that you request from us or which we feel may interest you.
7. To allow us and our suppliers to use your data, to provide you with information about goods and services which may be of interest to you.
Your obligations as to your data
You must only submit to us, the Website, information which is accurate and not misleading and you must keep it up-to-date and inform us of changes. You may do that through the “My Account” part of the Website or by email to email@example.com. By submitting data in respect of you and anyone else, you must ensure that you have full authority and consent to supply us with that data on their behalf and you warrant to us that you have that authority.
Third Parties and Links
IP addresses and cookies
Any payment transactions will be encrypted in the payment information you provide to us to pass on to a third party to make an order for an Item; the encryption will be completed by the third party payment provider who we use from time to time which will use encryption software. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Unfortunately, the transmission of information via the Internet is not completely secure. Although we will take reasonable steps to protect your personal data, we cannot guarantee the security of your data transmitted over the Internet; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.