Terms and Conditions

Welcome to the travelsickproductions.com website (the “Site”). This page provides information on:

The Terms and Conditions on which we sell and supply our products to you via the Site, including how to place and amend orders online and how to cancel your contract, request a refund or exchange a product purchased (“Terms of Sale”); and The Terms and Conditions on which you can use the Site (“Terms of Use”); The Terms of Sale and the Terms of Use are collectively referred to as ”Terms and Conditions”;

Please read these Terms and Conditions carefully before using the Site and placing an order. By using the Site and/or placing an order for products from us, you signify that you are 18 years or older and that you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this Site or place an order.

We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Site or placing an order following any such changes constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Site.

TERMS OF SALE

All sales of products made via the Site will be on the basis of these Terms of Sale.

1.PLACING ORDERS

The steps for placing an order on the Site are as follows:

Products can be added to your Cart by clicking “add to cart” when on a product page.

You can access and amend the content of your Cart at anytime by using the navigation menus at the top of the Site.

Once you are satisfied with the content of your Cart you can proceed to the Checkout. Here you will be required to provide information regarding Billing and Delivery addresses. Once all the necessary fields are complete you can proceed to the PayPal payment page by clicking “Proceed to PayPal”

Card payments are accepted via PayPal and you DO NOT require a PayPal Account to make payments this way. You may use a PayPal Account if you posses one and wish to pay for your order this way.

Once all the required information has been entered and the “Pay” button has been clicked PayPal will verify your Credit/Debit Card details and your order will be placed.

We will begin processing your order once verification and payment is received and an email showing the acceptance and details of your order will be sent out to you.

You will then be sent a follow up email to confirm that processing of your order is complete and your products will be shipped shortly.

Please check any emails received from us carefully, you are responsible for notifying Travel Sick Productions of any amendments necessary for your order.

Accounts on the site are currently disabled and if you wish to receive information regarding your order history please contact us appropriately via email or through the sites “Contact” form.

2.PRODUCT AVAILABILITY AND DESCRIPTION

We try to be as accurate as possible on the Site when providing information about products and product availability, including, availability of size, colour and material, quantity of stock available and the product description. However it is possible that the Site may contain typographical errors or inaccuracies. We therefore reserve the right to correct any errors, inaccuracies or omissions and to update information at any time without prior notice (including after you have submitted an order).

Please be aware that the colour of a product may vary dependent on your monitor/screen type and settings, We cannot guarantee that the display of colour will be accurate and some colours may vary.

Please note that the information provided about products on the Site is for information purposes only. Please make sure you read all labels, warnings and directions provided with the product before use.

If you have any queries regarding product specifications please use the “Contacts” page and submit the appropriate form.

3.PRICING AND PAYMENT

Prices of products are quoted on the Site in GBP (£) and is inclusive of VAT (where applicable). Prices exclude delivery costs which are included to the total once you have supplied delivery information, this occurs on the Checkout page before you submit your order.

Despite our best efforts, some products may be listed at an incorrect price due to a typographical error or systems error. We reserve the right to review and change product prices on the Site at any time without notice and we reserve the right to refuse or cancel any orders placed for products listed at an incorrect price, whether or not the order(s) has/ve been confirmed and your card/PayPal account charged. If your card/PayPal account has already been charged for such a purchase and your order is cancelled, we will issue a refund to your card/PayPal account (as applicable) in the amount of the incorrect price.

Payments are made and verified through PayPal and can be made using a PayPal Account or Debit/Credit card.

4.DELIVERY

We currently only delivery to UK addresses. Prices will vary dependent on the size of the order. Standard price for delivery is at £1.50 + £1.00 per item.

We aim to have your order delivered as promptly as possible and where applicable by the fastest means available. Most orders are shipped via RoyalMail 1st Class but this may vary dependent on size.

Ownership of and risk in the products you have ordered will pass to you from the time they are delivered to you. If you decide to return the product(s) to us for a refund or exchange in accordance with our Cancellations, Returns & Exchanges Policy, risk will remain with you until you have posted the returned products to us.

5.RETURNS, REFUNDS AND EXCHANGE

RETURNS AND REFUNDS: Please note we only allow returns within 30 days of the dispatch date. Items returned must be unworn and in reasonable condition. You will require your order number. Failure to comply with these conditions will result in a non-refund and the items may not be returned to you.

To return a product(s) via post follow these instructions: Download and print a Returns/Exchange Form Fill in the form appropriately, specifying the desired action, product(s), quantity and reasons for the items return/exchange Securely package the form and product(s) you wish to return. The address to which you item(s) should be sent to will be found on the returns form.

We strongly recommend that you use a secure/trackable method of postage; recorded or special delivery. Please retain all record and receipts regarding the of postage of your return. Until we receive your return(s) the product(s) and their condition remain your responsibility.

We’ll send you an email to confirm your return has been received and that your refund has been processed. Refunds will be credited back via the original method of payment. Please allow up to 28 days for your refund to appear on your bank statement. If for any reason we are unable to issue a refund via the original method of payment, we will contact you to arrange an alternative. Delivery charges are non-refundable.

EXCHANGES:

If you wish to exchange an item for a different size/colour or you believe the product(s) to be faulty please contact us via email/telephone or fill out the Returns/Exchange form appropriately and post us the items you wish to exchange, please include details of the reasons you wish to exchange the item.

It is recommended that you contact us before sending your item(s) to be exchanged so that we can process the exchange in the most efficient way possible. We may be able to offer you a postage label to cover returns costs.

Once we have received your items and checked your exchange requirements we will either: [1] Provide you with an exclusive Voucher Code via email to be entered on the Site so that you can purchase a replacement for free (this will be valid for a limited time specified in the email) (You may still be required to pay for delivery dependent on the details of your order) [2] Send out a replacement for free and notify you when it is dispatched

6.WARRANTIES AND DISCLAIMERS

IF YOU ARE PURCHASING PRODUCTS AS A CONSUMER: UNLESS SPECIFIC WARRANTIES ARE EXPRESSLY GIVEN WHEN YOU PURCHASE PRODUCTS FROM OUR SITE (FOR EXAMPLE, A MANUFACTURER’S WARRANTY), WE DO NOT GIVE ANY WARRANTIES OR GUARANTEES IN RESPECT OF SUCH PRODUCTS OVER AND ABOVE THOSE IMPLIED BY APPLICABLE LAW (THESE INCLUDE, FOR EXAMPLE, THAT THE PRODUCTS ARE OF SATISFACTORY QUALITY AND REASONABLY FIT FOR ALL THE PURPOSES FOR WHICH PRODUCTS OF THAT KIND ARE COMMONLY SUPPLIED). WE REMAIN RESPONSIBLE, HOWEVER, FOR SUPPLYING PRODUCTS THAT CONFORM TO THE CONTRACT.

IF YOU ARE PURCHASING PRODUCTS FROM US AS A BUSINESS: TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

7.LIABILITY

There are liabilities which cannot be excluded by law and nothing in these Terms of Sale limits our liability for these, including for personal injury or death caused by our negligence or for fraud. Also, nothing in these Terms of Sale limits your statutory rights if you are contracting with us as a consumer, including your right to a replacement or repair where products supplied are not of satisfactory quality.

SUBJECT TO THE ABOVE, WE ARE ONLY RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREACH OF THESE TERMS OF SALE (FOR EXAMPLE, IF THE LOSS OR DAMAGE WAS AN OBVIOUS CONSEQUENCE OF OUR BREACH OR IF IT WAS CONTEMPLATED BY YOU AND US AT THE TIME WE ENTERED INTO THE CONTRACT). IN ANY EVENT, WE ARE NOT LIABLE FOR: (1) ANY LOSSES, HOWSOEVER ARISING, RELATED TO ANY BUSINESS OF YOURS INCLUDING (WITHOUT LIMITATION) LOST DATA, LOST PROFITS, LOST REVENUES OR BUSINESS INTERRUPTION; OR (2) ANY SPECIAL OR INDIRECT LOSS OR DAMAGE, HOWSOEVER ARISING, UNLESS THAT LOSS OR DAMAGE IS FORESEEABLE TO BOTH OF US AT THE TIME WE ENTERED INTO A CONTRACT

8.PROMOTIONAL/VOUCHER CODES

Unless otherwise expressly stated in the terms and conditions for a particular promotional/voucher code, promotional/voucher codes cannot be combined and cannot be used in conjunction with any other offer/discount.

9.GENERAL

Only you and we shall have any rights to enforce any term of the contract formed between us.

The contract formed between us, which includes these Terms of Sale and any document referred to in them, constitutes the whole agreement between us and supersedes all prior agreements (written or oral), arrangements and understandings between us relating to the same subject matter.

If any of these Terms of Sale or any provision of the contract formed between us is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the affected term or provision will be removed from the remaining terms and provisions, which shall continue to be valid.

To the maximum extent permitted by local laws, these Terms of Sale, and any dispute or claim arising out of or in connection with these Terms of Sale (including non-contractual disputes or claims), shall be governed by English law. The courts of England shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Sale or their subject matter.

TERMS OF USE

Your use of the Site is subject to these Terms of Use.

USAGE RESTRICTIONS; INTELLECTUAL PROPERTY USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS CORRECTION OF ERRORS AND INACCURACIES TERM; TERMINATION NOTICE ENFORCEMENT OF TERMS OF USE USE OF SITE INDEMNIFICATION THIRD PARTY LINKS DISCLAIMER LIMITATION OF LIABILITY SALES PROMOTIONS

1.USAGE RESTRICTIONS; INTELLECTUAL PROPERTY

All of the content you see and hear on the Site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by us, one of our affiliates or by third parties who have licensed their materials to us.

The content of the Site, and the Site as a whole, is intended solely for the personal, non-commercial use by the users of our Site. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, noncommercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in or to any content or materials is granted to you as a result of any such activities. We reserve complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this Site.

Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining our written permission.

2.USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain our property. Such disclosure, submission or offer of any Comments shall (to the extent permitted by applicable laws) constitute an assignment to us of all worldwide rights, titles and interests in or to such Comments (or, to the extent that an assignment is not effective, a worldwide, perpetual, irrevocable and royalty-free license to use such Comments) and we shall not be limited in any way in our use, commercial or otherwise, of any Comments. To the extent permitted by applicable law, you waive your moral rights in any Comments. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.

3.CORRECTION OF ERRORS AND INACCURACIES

The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice.

4.TERM; TERMINATION

These Terms of Use are applicable to you upon your accessing the site. These Terms of Use, or any of them (and thereby your right to access and use the Site), may be terminated by us without notice at any time for any reason. You may terminate these Terms of Use at any time for any reason by ceasing use of the Site and/or your account on the Site (if applicable); however termination by you or us of these Terms of Use for any reason will not affect the application and enforceability of the Terms of Sale in relation to any order you have placed for product(s) via the Site.

The provisions relating to Intellectual Property, Disclaimer, Limitation of Liability, Indemnification and Enforcement, shall survive any termination.

5.NOTICE

We may deliver notice to you by means of electronic mail, a general notice on the Site, or by written communication delivered by first class mail to your address on record in your account information.

6.ENFORCEMENT OF TERMS OF USE

These Terms of Use, and any dispute or claim arising out of or in connection with these Terms of Use (including non-contractual disputes or claims), shall be governed by English law. The courts of England shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Use or their subject matter.

7.USE OF SITE

Harassment in any manner or form, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a TravelSickProductions employee, host, or representative as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through this Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or organization.

8.INDEMNIFICATION

You agree to indemnify, defend, and hold us harmless as well as our officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.

9.THIRD PARTY LINKS

In an attempt to provide increased value to our visitors, we may choose various third-party web sites to link to from the Site. However, even if the third party is affiliated with us, we have no control over these linked sites, all of which have separate privacy and data collection practices, independent of us. We have no responsibility or liability for these independent policies or actions and we are not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. None the less, we seek to protect the integrity of the Site and the links placed upon it and therefore request any feedback on not only this Site, but for sites we link to as well (including if a specific link does not work).

10.DISCLAIMER

THE MATERIAL DISPLAYED ON THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIAL ON THIS SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS DISCLAIMER DOES NOT APPLY TO PRODUCTS PURCHASED VIA THE SITE.

11.LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO PRODUCTS PURCHASED VIA THE SITE.