General

1. The owner of this web site is Parky Products whose address is XS Retail Stock,136-140 Old Shoreham Road, Hove, BN3 7BD.
2. Your contract for purchases made through the Site is with Parky Products, and you undertake that any and all goods ordered by you are for your own private and domestic use only.
3. Minors under 18 years old can only use our services with the prior consent of their parents or guardians. A minor must refrain from buying or selling items that are restricted to adults (e.g.: 18 certificate movies).
4. No contract for the sale of any product will subsist between you and Parky Products until Parky Products confirms that the product(s) have been dispatched to you by a confirmation email. This confirmation e-mail amounts to an acceptance by parky Products of your offer to buy goods from Parky.
5. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. If the error is discovered prior to your receipt of the confirmation email, we will cancel and refund your order.
6. You must have a unique email address to use our site. You agree that e-mail can be used as a long-distance means of communication, and you agree all notices made via e-mail satisfy any legal requirements that such notices be made in writing.
7. This confirmatory e-mail will contain all relevant statutory information concerning your contract.
8. The confirmatory e-mail will also contain a link to these terms and conditions, and may be amended in accordance with paragraph 61 below from time to time.
9. You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.
10. It is your responsibility to ensure you are able to receive e-mails from Parky products. We recommend you add us to your ‘safe sender’ list, and check that your online security software does not block e-mails from us. In the unlikely event you do have any difficulty receiving email from us please advise your Internet Service Provider who should be able to assist you further.
11. To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases including registered Credit Reference agencies and fraud prevention agencies, who may keep a record of that information. By accepting these terms and conditions you consent to such checks being made. We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information. All information provided by you will be treated securely and in accordance with the Data Protection Act 1998.
12. You undertake that all details you provide to Parky Products for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
13. You must choose a password on completion of registration. You are responsible for all actions taken under your unique email address and password and shall only use the Site under your own email address and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your email address to anyone, nor permit, either directly or indirectly, anyone to use your email address or password.
14. If there are any changes to the details supplied by you it is your responsibility to inform Parky Products as soon as possible.
15. You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any feedback, ratings or reviews posted by you on the website, including the violation of their privacy or intellectual property rights.
16. All purchases are non-transferable.

Right to Cancel – Unwanted Items

17. You may cancel the contract at any time but no later than 7 working days after the day you received the product by:
18. sending the notice of cancellation by email ensuring that you quote your name, address and order reference number; or
19. where you have already received the goods, following our returns authorisation procedure – by contacting us by email or phone. We will provide you with a returns authorisation number along with details on how and where to send your item. Wrap the item securely and include the original invoice along with your returns authorisation number. You must ensure that the goods are packaged adequately to protect against damage. If you fail to take reasonable care of the goods before they are returned to us, and this results in damage or deterioration, we will charge you for the reduction in value.
20. Items that are excluded from the right to cancel include the following: (a) goods made to specification or otherwise personalised; (b) unsealed optical media (such as DVD’s, CD’s, blu-rays, video games and computer software); (c) leisure services or other activities in the form of vouchers that have expired; and (d) used hard drives.
21. We will refund your credit card once we have received and processed the item as soon as possible and in any event within 30 days of notice of cancellation. You will be liable for any charges incurred in returning the goods to Parky Products or if you fail to return goods you will be liable for any charges incurred in relation to attempts to collect the goods.

Damaged, Defective, Incorrectly Sent, Incorrectly Advertised Items

22. In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, Parky products shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question. Please follow our returns authorisation procedure by contacting Parky Products by email or phone. We will email you a returns authorisation number along with details on how and where to send your item. Please notify Parky Products of the problem in writing as soon as possible and preferably within 28 working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.
23. Multi-buy items: Main or qualifying multi-buy items can be returned to us if they are damaged or defective. We are able to offer you a replacement for any qualifying multi-buy items. Due to the nature of these promotions, we cannot offer you a refund for the main or qualifying item alone.
24. Test of returned items: We test every single return. If a returned item is found not to be faulty by our independent test centre we will return the item to you and you will be liable for the postage. We advise you to check any DVD, CD or video game on a second machine and to check any gadget and its instructions carefully before returning it. We will not refund postage for items found to be in good working order. We are not responsible for incompatibilities caused by DVD players that have been modified to disable regional encoding.

Liability

25. This section applies only to the extent permitted by law. For the avoidance of doubt, Parky Products do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from Parky Products’s negligence or wilful default, or that of Parky Products employees, agents or subcontractors or (b) fraudulent misrepresentation.
26. Parky Products does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.
27. Any information (and accompanying material) provided by Parky Products  is not intended to replace the attention or advice of a physician or other health care professional. The statements and products on the website are not intended to diagnose, treat, cure or prevent any condition or disease. Parky Products strongly advises anyone who is currently taking medicinal products and or suffer from any form of medical disorder should consult their doctor prior to using any of the products advertised on the website. Parky Products  strives to ensure that the information on this site is as accurate as possible, but does not accept responsibility or liability for any inaccuracies.
28. Parky Products will do its best to correct errors and omissions as quickly as practicable after being notified of them.
29. TO THE FULLEST EXTENT PERMITTED BY LAW, PARKY PRODUCTS  IS PROVIDING THIS SITE AND ITS CONTENTS ON AN ‘AS IS’ BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, PARKY PRODUCTS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.
30. You and Parky Products will only be liable under these Terms for losses that are a reasonably foreseeable consequence of the relevant breach of contract.
31. Processing of orders

32. Parky Products debits credit and debit cards on the day of shipping. All prices include sales taxes (where applicable) unless otherwise stated, and no charge is made for shipping. Processing of pre-orders may begin earlier than the release date to ensure that orders can be shipped to you in time for the release date.
33. Every purchase you make shall be deemed as being performed in the UK. UK law shall govern every aspect of contractual agreement concerning purchases made from the Site.
34. Parky Products aims to arrange shipment of all ‘in stock’ items within 24 hours of receiving your order. Your order may be delayed if the item is not in stock with our suppliers or we are experiencing a high volume of orders. Some items may be unavailable and the current stock status is approximate. Parky Products are not able to supply dates our suppliers may get an item in stock.
35. You can keep track of your order status yourself on-line with the order tracking facility on your account page.

Delivery/title/risk

36. The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation.
37. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
38. We use a number of third party delivery agents to ensure your orders are delivered to you as quickly as possible. Any losses after the item has been dispatched from our website must be reported to us.
39. For deliveries before a UK bank holiday, we recommend that you order in advance. For Christmas deliveries, we recommend that you order by the 18th December. During holiday periods, we will endeavour to dispatch all ‘in stock’ orders within 24 hours, however we cannot guarantee delivery as the post may be delayed in your area.

Miscellaneous

40. We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
41. We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
42. No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.
43. You may not permit, create unauthorized framing of, or deep linking to, the Site or the creation of derivative works thereof from any other website under your management or control.
44. In these Terms, ‘Intellectual Property Rights’ means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely.
45. Subject to the licence granted to you to use the Site, Parky Products reserves all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of Parky Products and its affiliates’ trade marks, trade and business names and service marks under this Agreement will vest in Parky Products and its affiliates, as appropriate.
46. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Parky Products tracks the electronic ‘fingerprints’ of every order placed on Parky Products  to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.
47. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Parky Products tracks the electronic ‘fingerprints’ of every order placed on Parky Products to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.
1. you fail to make any payment to us when due;
2. you breach the terms of this Agreement (repeatedly or otherwise);
3. when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
4. we suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Site.
48. Parky Products may amend these Terms from time to time, and place the new version on the Site. For users purchasing goods or registering on the Site for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms Otherwise, such changes will be effective against existing users thirty days following posting of the amended version on the Site. Your continued use of the Site following Parky Products’s posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the Site.
49. These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between Parky Products  and you relating to your purchase. Parky Products  advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by Parky Products . We will store a copy of the contract entered into by you with Parky Products. You are advised to read (and are responsible for reading) fully all information on this website.
50. If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.