You must agree to these Terms and Conditions before you can enter into a contract with Loaded 24 7. Please read them carefully, as they contain important clauses which explain Loaded 24 7's obligations and liabilities to you and which will alter your statutory rights.
In order to notify Loaded 24 7 of your agreement to these Terms and Conditions, please click the button at the end of them when you are purchasing goods. You will then be directed to the next stage of the ordering process. You will not be able to proceed further with your selection unless you do so.
1 Definitions
In these Terms and Conditions:
(a) "Loaded 24 7 " "us" "we" "our" means Loaded 24 7 Limited(registered in Jersey, Channel Islands Company Number 84712), whose business address is PO Box 847, Jersey, Channel Islands JE4 0UZ.
(b) "You" "your" "yourself" means an individual aged 18 or more.
(c) "Supplier" means any partnership, firm, company, individual or other legal entity or body corporate that Supplies Goods to you. There is no relationship between the Supplier and Loaded 24 7 other than the relationship that Loaded 24 7 act in your capacity in sourcing the Goods from the Supplier as your Agent (for the avoidance of doubt there is no Partnership between the Supplier and Loaded 24 7). You will be informed of the Suppliers identity when you receive the Goods.
(d) "Goods" mean any physical product (including but not limited to CDs, video recordings, DVDs and Adult Material (including but not limited to CDs, DVDs, marital aids and magazines)) shown on the Website and supplied by the Supplier under the Terms and Conditions of the Supplier.
(e) "Service" means the contract of agency between You and Loaded 24 7 as set out in these Terms and Conditions.
(f) "The Website" means the website hosted by Loaded 24 7 - at URL www.loaded247.com.
(g) "P&P" means packaging and ordinary parcel postage to addresses within the UK.
(h) "Credit Card Details" means account details from Visa, Switch, Mastercard, Solo, American Express, JCB and Delta.
(i) "Working Day" means any day other than Saturdays, Sundays and UK public holidays.
2 Service Contract between you and Loaded 24 7
(1) Loaded 24 7 agrees to act as your agent for the purpose of arranging your purchase of Goods from a Supplier, collecting your payment and forwarding your payment for the Goods to the Supplier, and then receiving your Goods from the Supplier as your agent and then arranging delivery of your Goods from Loaded 24 7 to you.
(2) Loaded 24 7 charges you a commission for carrying out this service which is incorporated into the price displayed on the website.
(3) All of the Suppliers have agreed that Loaded 24 7 will act as their agent only for the purpose of receiving complaints, providing limited after-agreement services, and receiving notices and communications from you.
Important:
Loaded 24 7 has no authority and does not act as the Supplier?s agent for any other purpose.
(4) Your rights against the Supplier are explained in the Terms and Conditions for Supplier which you will need to agree to after agree these Terms and Conditions.
3 Terms and Conditions:
Loaded 24 7 will only agree to act as your agent if:
(a) You are an individual aged 18 or over. Loaded 24 7 will not agree to act for any partnership, firm, company, other legal entity or body corporate.
(d) You agree to these Terms and Conditions, and to any special terms and conditions which Loaded 24 7 may require.
4 Your status and information
By agreeing to these Terms and Conditions, you warrant and represent to Loaded 24 7 that:
(a) You are an individual aged 18 or over, you are not a partnership, firm, company, other legal entity or body corporate and You are not acting as the servant or agent of any partnership, firm, company, other legal entity or body corporate.
(b) The information you provide for the purposes of setting up your Customer Account and for your order is truthful and accurate.
(c) You acknowledge that, in entering into your contract with Loaded 24 7, that Loaded 24 7 has relied upon these warranties and representations to act as your agent for the purpose of entering you into a contract with Suppliers and that you acknowledge and agree to the Terms and Conditions of Supplier.
(d) Notwithstanding the above, Loaded 24 7 reserves the right to refuse to act as your agent without giving any reason for such refusal.
5 The Price
(a) The price you see on the Website includes your costs of buying the Goods from the Supplier (Terms and Conditions of Supplier) and incorporates the cost Loaded 24 7's commission for acting as your agent:
1) Your Costs of Buying the Goods from Supplier includes the cost of the Goods, Freight and Insurance which does not include UK duties and taxes.
2) Loaded 24 7's Commission includes P&P in the UK, UK taxes and duties, if any. Loaded 24 7 will pay all duties and taxes if found to be payable for delivery into the UK only.
Important:
Loaded 24 7's Commission is set at the lowest possible commercial rate to assist you in obtaining the Goods at the lowest possible overall price. However, if the Supplier obtains the Goods at a lower price then you agree that Loaded 24 7 will take the benefit of the lower price as your agent and you will still pay the price you see on the website especially as Loaded 24 7 will pay all duties and taxes if found to be payable on your behalf.
(b) Loaded 24 7 will enter you into contracts for purchasing Goods from Suppliers outside the UK as your Agent.
(c) Where you purchase Goods from Suppliers outside the UK, Loaded 24 7 will ensure that UK taxes and duties levied on import (if any) are paid.
(d) Your Goods will be sent direct from the Supplier to Loaded 24 7 on your behalf as agent (see Shipping by Supplier). Loaded 24 7 will then send your Goods to you (See Shipping by Loaded 24 7).
(e) If you require your Goods to be delivered to an address outside the UK, Loaded 24 7:
(i) Will charge you an additional ?1.10 to cover additional postage costs and service costs and
(ii) Will not be responsible for the payment of any taxes or duties payable in your chosen country, or in the course of the journey from the UK to your chosen country.
IMPORTANT
Any such charges are your responsibility and are not included in the price you see on the Website.
6 Right to charge additional sums
(a) Loaded 24 7 reserves the right to seek reimbursement from you, and charge you an additional fee by way of commission, in the event that it incurs additional costs because:
(i) You provide Loaded 24 7 with incomplete or inaccurate information
(ii) You alter your instructions to Loaded 24 7 concerning the conduct of your order.
(iii) Loaded 24 7 incurs additional costs as a result of circumstances outside the control of Loaded 24 7, such as, for example, fluctuations in exchange rates or Loaded 24 7 is requested to pay additional taxes and duties by an authority if you fail to pay these costs for delivery of Goods outside the UK
7 Terms of payment
(a) All payments must be made in UK Sterling in advance by Credit Card.
(b) If you fail to make payment, or your Payment is countermanded by your Card Issuer, and Loaded 24 7 has provided it service to you before the failure is discovered, Loaded 24 7 will be entitled, without prejudice to any right or remedy it may have:
(i) to suspend any outstanding services, and to refuse to provide any further services, without notice, and
(ii) to charge interest on any amount outstanding at the rate of 4% above base rate (set by HSBC) from the due date of payment to the actual date of payment.
(c) You will pay all amounts owing to Loaded 24 7 in full and shall not be entitled to exercise any rights of set off or counterclaim.
(b) Loaded 24 7 is authorised to appoint agents, sub-agents or sub-contractors to carry out any or all of its obligations to you and you allow Loaded 24 7, as your agent to reimburse and pay commissions to agents and sub-agents and pay the Supplier or subcontractors of the Supplier.
9 Title to Goods
(a) Unless the contract between you and the Supplier requires otherwise, title to the Goods will never pass to Loaded 24 7 as they are your Buying Agent and are only assisting you in contracting with a Supplier to provide you with Goods
(b) Whilst the Goods are in the possession of Loaded 24 7, it will hold them as bailee only on your behalf.
(c) Whilst the Goods are held by any sub-agent or subcontractor of Loaded 24 7 they will also only hold the Goods as bailee on your behalf.
1. Risk
Loaded 24 7 will not take risk of the Goods at any time and will only hold them as a bailee as they are only buying agents and act on your behalf.
10 Exclusion and Limitation of Liability
(a) Save as set out in the Loaded 24 7's liability if Goods are returned, Loaded 24 7 will not be liable for any loss of or damage to or failure to deliver or late delivery of any property or Service, or any loss or damage sustained by You as a result of any such loss and/or damage and/or failure or lateness, including without limitation, any consequential loss or damage or any loss of profit or in respect of business interruption, arising out of or in connection with the Service provided by Loaded 24 7 and the Website, Your reliance upon the Website or the performance of any Service by Loaded 24 7.
(b) In any event, the amount of Loaded 24 7's liability for breach of any express or implied warranty or term of the Service contract, or arising out of any act or omission, including but not limited to Loaded 24 7's liability for negligence (except where such negligence results in death or personal injury) shall be limited to the cost of the Service provided by Loaded 24 7.
(c) Save in the case of damages for personal injury or death, Loaded 24 7 will not be liable for any damages whatsoever in excess of the cost of the Service (including, in particular damages for consequential loss, loss of profits, business interruption or any other losses).
(a) You will indemnify Loaded 24 7 and hold them harmless against all acts or omission, claims, costs, charges, expenses arising or incurred from your use of the Website, and the provision of the Service. Any links provided on the Website are merely as a service to you and does not constitute an endorsement by or affiliation with Loaded 24 7 .
(b) You will indemnify Loaded 24 7 for and hold us harmless against any claims brought or proceedings taken against Loaded 24 7 by any third party including but not limited to any State or public body arising out of your acts and/or omissions, whether negligent or otherwise.
11 Content of the Website
(a) The information contained in the Website may contain technical inaccuracies or typographical errors and Loaded 24 7 shall not be liable to you in respect of any such inaccuracies.
(b) Loaded 24 7 has no duty to update the Website or the content hereof and Loaded 24 7 shall not be liable to you for any failure to update information.
(c) Loaded 24 7 shall be under no duty to notify you of any error on the Website.
12 Copyright
(a) This site and all perceptible components hereof including without limitation design, text, graphics, the selection, arrangements thereof and all software complications underline source code software (including applets) and all other material on the Website are copyright of Loaded 24 7 or our content and technology providers.
(b) Permission is granted to copy electronically and to print in hard copy portions of the Website for the sole purpose of entering into a service agreement with Loaded 24 7. Any other use of the materials on this website - including reproduction for the purposes other than those noted above, modification, distribution, or reproduction - without the prior written permission of Loaded 24 7 is strictly prohibited.
(c) All names, logos, trade marks and titles and graphic used in the Website are trade marks or trade names or other intellectual property of Loaded 24 7 or their respective owners.
13 Withdrawal of Website
Loaded 24 7 reserve the right to withdraw the Website, any information contained in the Website, the Goods on the Website at any time, in part or in whole, without any prior notice.
14 Unauthorised use of Credit Card
(a) Loaded 24 7 will not be responsible for any loss or damage incurred by You as a result of unauthorised use of Your Credit Card on the Website or any other website.
(b) Loaded 24 7 is not responsible for notifying Your Credit Card issuer or any law enforcement authority in the event of unauthorised use of Your Credit Card.
15 Validity
If any term or condition, or provision of these Terms and Conditions is determined to be unlawful, invalid, void, or for any reason unenforceable the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be effected or impaired thereby and shall remain in full force and effect.
16 Complaints
(a) Please address any complaint to
Loaded 24 7 (Complaints)
PO Box 847
Jersey
Channel Islands JE4 0UZ
or telephone us on 0870 444 5454
(b) Loaded 24 7 will investigate and deal with complaints for the service as quickly as reasonably possible. However, some investigations may take time and we request you to allow us sufficient time to respond fully.
17 Third Party Rights
Your contract with Loaded 24 7 is made for your benefit alone, and does not confer any rights on any person who is not a party to them.
18 Entire Agreement
(a) These Terms and Conditions, How to Order, Shipping by Loaded 24 7, Privacy Policy and Loaded 24 7's liability if Goods are returned form the entire agreement between you and Loaded 24 7. Save where otherwise stated in these Terms and Conditions, no representations, discussions or any other pre-contractual dealings shall have any binding effect on the relationship between the parties, and you acknowledge and represent that you have not relied on any such representations, discussions or any other pre-contractual dealings in entering into the contract.
(b) The terms of the contract may only be varied by an agreement in writing signed by or on behalf of You, and Loaded 24 7.
19 Language of the Contract
The language of the contract is English, and all communications in relation to it should be in English.
20 Choice of Law and Jurisdiction
The contract shall be governed by and interpreted according to the laws of Jersey, Channel Islands and shall be subject to the exclusive jurisdiction of the courts of Jersey, Channel Islands.
