Terms of service

OVERVIEW
Welcome to Smash Pad! The terms “we”, “us” and “our” refer to Smash Pad. Smash Pad operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Smash Pad is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services. Nothing in these Terms affects your statutory rights as a consumer.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you confirm that you are at least 18 years old, and that you have given consent for any children in your care to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You confirm that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colours or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Smash Pad reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Smash Pad confirms acceptance. We must receive and process your payment before your order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange in accordance with our Refund Policy and your statutory rights. 
You confirm that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Prices shown include any applicable taxes. Delivery charges, if any, are shown at checkout before you pay.
We may offer, from time to time, promotions on the Services that are governed by separate terms and conditions. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores, and to promptly update this information so that we can complete your transactions and contact you as needed.
You confirm that (i) the payment information you provide is true, correct, and complete, (ii) you are authorised to use that payment method for the purchase, and (iii) you will pay charges incurred by you at the posted prices.

SECTION 5 - SHIPPING AND DELIVERY
All delivery times are estimates. Please see our Shipping Policy for details. Risk of loss passes to you when the products are delivered to you or to someone you nominate to receive them.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Smash Pad, its affiliates or licensors and are protected by UK and international intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on the Services without our prior written consent. All rights not expressly granted herein are reserved by Smash Pad.
Smash Pad’s names, logos, product and service names, designs, and slogans are trademarks of Smash Pad or its affiliates or licensors. You must not use such trademarks without the prior written permission of Smash Pad. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over. Any use by you of optional third-party tools is at your own discretion, and you should ensure that you are familiar with and approve of the terms on which they are provided by the relevant third party.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to websites provided or operated by third parties. We are not responsible for the content or accuracy of any third-party materials or websites you choose to access, or for any purchases you make from them. Please review third parties' policies carefully before you engage in any transaction with them.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
Smash Pad is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Smash Pad. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Smash Pad, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Smash Pad.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.

SECTION 11 - FEEDBACK
If you submit ideas, suggestions, feedback, reviews or other content (“Feedback”), you grant us a perpetual, worldwide, royalty-free licence to use, reproduce, modify, publish and display such Feedback in any medium for any purpose, including commercial use. You confirm that you own or have the necessary rights to your Feedback, that you have disclosed any compensation or incentive you received for it, and that it does not infringe anyone else's rights or contain anything unlawful, abusive or malicious. We may, but are not obliged to, monitor, edit or remove Feedback.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, delivery times and availability. We reserve the right to correct any errors and to change or update information. If we discover an error in the price of something you have ordered, we will contact you and give you the option to confirm the order at the correct price or cancel it for a full refund.

SECTION 13 - PROHIBITED USES
You may use the Services for lawful purposes only. You may not use the Services: (a) for any unlawful or malicious purpose; (b) to infringe our intellectual property rights or those of others; (c) to harass, abuse, defame or harm anyone; (d) to transmit false or misleading information, spam or malicious code; (e) to impersonate any other person; (f) to scrape, crawl or collect other people's personal information; or (g) to interfere with or get around the security features of the Services. We may suspend or close your account if you break these Terms.

SECTION 14 - TERMINATION
We may end this agreement or your access to the Services at any time. Any orders already accepted will still be fulfilled or refunded in line with our policies and your statutory rights.

SECTION 15 - OUR RESPONSIBILITY FOR PRODUCTS
The information on the Services is provided for general information purposes. We will always supply products that match their description and are of satisfactory quality and fit for purpose, as required by law. Nothing in these Terms affects your statutory rights under the Consumer Rights Act 2015. For more information about your rights, contact Citizens Advice.

SECTION 16 - LIMITATION OF LIABILITY
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our negligence. We are not responsible for loss or damage that is not foreseeable, or for business losses, as our products are for domestic and private use only.
Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for breach of your statutory rights, or for anything else that cannot be limited or excluded by law.

SECTION 17 - INDEMNIFICATION
If you use the Services in breach of these Terms or the law, and this causes a third party to make a claim against us, you agree to compensate us for reasonable losses we suffer as a result.

SECTION 18 - SEVERABILITY
If any part of these Terms is found to be unlawful or unenforceable, the rest of these Terms will continue to apply.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
If we do not enforce any right or provision of these Terms straight away, we can still enforce it later. These Terms and our policies set out the entire agreement between you and us about your use of the Services.

SECTION 20 - ASSIGNMENT
You may not transfer your rights or obligations under these Terms without our written consent. We may transfer our rights and obligations to another organisation, and we will make sure this does not affect your rights.

SECTION 21 - GOVERNING LAW
These Terms are governed by the laws of England and Wales. You can bring legal proceedings in the courts of England and Wales. If you live in Scotland or Northern Ireland, you can also bring proceedings in the courts of your home country.

SECTION 22 - HEADINGS
The headings used in these Terms are included for convenience only and do not affect their meaning.

SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We may update these Terms from time to time. The Terms in force when you place an order will apply to that order.

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@smash-pad.co.uk.