Fat Monkey > Terms and Conditions

Terms and Conditions

Please read the following Terms & Conditions of Use carefully before using this website.

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. An order for goods placed by you, the buyer through our website shall be subject to these terms and conditions. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law. Nothing in these terms and conditions shall affect the statutory rights of any consumer. If you do not agree to these terms and conditions, please do not use this site.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under England and Wales and other international copyright laws, and is the property of Fat Monkey. The collective work includes works that are licensed to Fat Monkey. Copyright 2005-2016, Fat Monkey.co.uk ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with fatmonkey.co.uk or purchasing Fat Monkey products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Fat Monkey or to purchase Fat Monkey products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Fat Monkey. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Descriptions/Images

All product images on this website are for illustration purposes only, we cannot guarantee that a customers computer screen, tablet device, smartphone or any other device used to view the products on this site will accurately show colours of the physical product. The descriptions of products are as accurate as we can portray them, sizes where stated are approximate and as a guide only and do not constitute an exact measurement due to variations in product batches and manufacture.

Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Fat Monkey disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Fat Monkey does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Fat Monkey does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

Limitation of Liability

Fat Monkey 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 or the performance of the products, even if Fat Monkey has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Force Majeure

Fat Monkey shall not be liable to the Buyer or deemed to be in breach of contract by reason of any delay in performing or failing to perform any of Fat Monkey's obligations in relation to the goods if the delay or failure was due to any cause beyond Fat Monkey's control. Without prejudice to the generality of the foregoing any act of God, war, strikes, flood, lockouts, fire, tempest and inability of Fat Monkey to procure materials or articles required for the performance of the contract which may prevent the fulfilment thereof shall be regarded as causes beyond Fat Monkey's reasonable control. In the event of any failure or delay to perform any contract as a result of the said causes such contracts, at Fat Monkey's discretion, may be varied or cancelled by Fat Monkey or delivery may be wholly or partly suspended and time for delivery may be extended by Fat Monkey without Fat Monkey being liable to the Buyer or being deemed to be in breach of contract.

Typographical Errors

In the event that a Fat Monkey product is mistakenly listed at an incorrect price, Fat Monkey reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Fat Monkey reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Fat Monkey shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Fat Monkey without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Fat Monkey may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Fat Monkey.

Miscellaneous

Use of this Website and these Terms shall be subject only to the laws of England and Wales which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use.

The Courts of England and Wales shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with this Website and its use and these Terms.

You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Fat Monkey products) shall be in the The Courts of England and Wales. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Fat Monkey products) must be commenced within one (1) year after the claim or cause of action arises. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Fat Monkey may assign its rights and duties under this Agreement to any party at any time without notice to you.

Waiver

Fat Monkey's failure to exercise any particular right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Fat Monkey in writing.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Fat Monkey or other licensed 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 the site any content which is libellous, 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 other organization.

Participation Disclaimer

Fat Monkey does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Fat Monkey is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Fat Monkey reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Fat Monkey in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Fat Monkey, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions 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.

Third-Party Links

In an attempt to provide increased value to our visitors, Fat Monkey may link to sites operated by third parties. However, even if the third party is affiliated with Fat Monkey, Fat Monkey has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Fat Monkey. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Fat Monkey seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Severability

These Terms and Conditions are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms and Conditions.