Terms of Use

Acceptance of the Terms of Use

Welcome to the website of Saint Bay (“Company”, “our”, “we” or “us”). Access to and use of our website, www.saintbay.com, including any related web pages and content offered thereon (“Website”) are subject to the following terms and conditions set out below (“Terms of Use”). We reserve the right to amend the Website without notice and will not be liable if for any reason this Website is unavailable at any time or for any period. Please read these Terms of Use carefully before using the Website.

Consent

Your use of the Website signifies compliance with these Terms of use, which may be updated by us from time to time without prior notice. Your continued use of the Website following any changes to the Terms of Use means that you accept and agree to those changes. If you do not agree to be bound by these Terms of Use, you may not access or otherwise use the Website. You hereby represent that you are either 18 years of age or older, an emancipated minor or possess legal parental or guardian consent and are fully able to enter into these terms, conditions, obligations, affirmations, representations and warranties set forth within these Terms of Use and to abide by and comply with these Terms and Use. Users of 13 years of age or under may only use the Website for browsing purposes and should not provide the Company with any personal information.

Privacy

The Company’s Privacy Policy describes our privacy practices with regards to information collected from you when you use the Website and is hereby incorporated by reference into these Terms of Use.

Prohibitions

You may only use the Website for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website: in any way that violates any applicable law or regulation. In any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website. To impersonate or attempt to impersonate the Company or a Company employee, another user or entity (including, without limitation, the use of email addresses associated with any of the foregoing). To use any manual process to monitor or copy any of the Content on the Website or for any other unauthorised purpose without our prior written consent. To introduce any viruses, trojan horses, code, or other material which is malicious or technologically harmful. To attempt to gain unauthorised access to, interfere with, hack into, decrypt, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. To attempt to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website.

Intellectual Property

The entire contents of the Website (“Content”) is owned by Saint Bay and is protected by English and international laws. Saint Bay authorises you to access, use and display the Website and its Content for your personal, non-commercial use only. You are not permitted to copy, reproduce, modify, distribute, publish or exploit this Website without the prior written consent of the Company.

Registration

When registering for an account you must provide accurate, truthful information and revise such information when necessary to ensure your registration information is kept up to date. You are responsible for maintaining the confidentiality of your account credentials.

Terms of Sale

By placing an order you are offering to purchase a product or service on and subject to the following Terms of Use. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are intended as an estimate only. You agree not to use any product or service purchased through the Website or from the Company for any commercial, business or resale purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

When placing an order you acknowledge that all details provided to us are true and accurate and that you are the authorised user of the credit or debit card used to place the order. Saint Bay accepts online payments using Visa, Mastercard, PayPal and Apple Pay. Where applicable, prices are inclusive of VAT. The return or exchange of any product will be governed in accordance with our Returns Policy.

While we try to ensure that all details, descriptions and prices displayed on this Website are accurate, errors may occur. If we discover an error in the price or payment of any product or service which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be cancelled by default. If the order is cancelled and you have already paid for the product, you will receive a refund in full.

This Website may contain typographical errors or other 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 or update information at any time without prior notice.

Import duty

If you order any product through the Website for delivery outside of the United Kingdom, it may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that Saint Bay has no control over these charges and cannot predict their amount. You may contact your local customs office for further information prior to placing your order. Please note that you must comply with all applicable laws and regulations of the country for which the product is destined. The Company will not be liable for any breach by you of any such laws.

Communications

By inputting data or engaging in any form of communication (“Communications”) to or within the Website, you grant Saint Bay a perpetual, worldwide, unrestricted, non-exclusive, irrevocable, royalty-free license to use (including use for promotional, advertising and direct marketing purposes), copy, license, sublicense, adapt, distribute, display, reproduce, transmit, modify and otherwise exploit such Communications and any ideas or materials contained in such Communications. You warrant that you have all rights necessary to grant such license to Saint Bay and waive all rights you may have to inspect and/or approve of any use by Saint Bay of any material or idea submitted by you in any Communications or receive any compensation for such use. You also waive all rights to any claim against Saint Bay for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.

Limitation of liability

To the fullest extent permitted by applicable law, under no circumstances shall Saint Bay or its associated persons be liable for damages of any kind, under any legal or equitable theory, arising out of in connection with your use, or inability to use, the Website, any website linked to it, any Content on the Website or such other sites, or any products obtained through the Website or such other sites including any direct, indirect, special, incidental, consequential or punitive damages (including, without limitation, personal injury, pain and suffering, emotional distress, loss of revenue, loss of contracts or business relationships, loss of use, loss of reputation or goodwill and loss of corruption of information or data) even if Saint Bay or its associated persons have been advised of the possibility of such damages.

Third party links

The Website may provide links to other websites and access to content from third parties, including affiliates of the Company. Saint Bay has no authority over such other websites or their policies and expressly disclaims all responsibility or liability in connection with such other websites and their content. Linking to any third party website is at your own risk and subject to the terms and conditions of use of such third party website.

Indemnity

You agree to defend, indemnify and hold the Company, its directors, officers, employees and affiliates harmless from any and all third party claims, liability, damages and/or costs (including, without limitation, legal fees) arising from your use of this Website or your breach of these Terms of Use.

Waiver

No waiver of any breach of any provision of the Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorised representative of the Company.

Governing law and jurisdiction

These Terms of Use contained herein shall be governed and construed in accordance with the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the courts of England and Wales for all disputes arising out of or in connection with these Terms of Use.

Severability

If for any reason a court of competent jurisdiction find any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.

Entire agreement

These Terms of Use (including our Privacy Policy, Terms of Sale and any other documents or policies incorporated herein by reference) constitute the entire agreement between you and Saint Bay with respect to the subject matter hereof, and supersede all prior agreements, understandings and negotiations in connection with it. The section headings used herein are for convenience only and shall not be given any legal import.

If you have any questions or concerns regarding our Terms of Use, please get in touch with us at info@saintbay.com.