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Terms and conditions
Information about us and the legal terms and conditions
1. APPLICATION
1.1 Welcome to Worldwide Camera Exchange Limited terms and conditions (Terms). This document tells you information about Us and the legal terms and conditions on which We sell the products (Products) listed on Our website (Website).
You must read these Terms carefully. By accessing Our Website and/or placing an Order with Us, you confirm that you have read, understood and agree to be bound by these Terms and the details set out in your Order.
If you do not agree to these Terms you should not use Our Website and you will not be able to order any Products from it.
If you think there is a mistake in these Terms or your Order, please contact us to discuss.
2. DEFINITIONS
Where the following words with capital letters are used in these Terms, this is what they mean:
Contract: any contract between you and Us, created in line with clauses 3.1 and 3.2 of these Terms;
Event Outside Our Control: any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or failure of public or private telecommunications networks.
Order: your order for the Products made via the Website;
Product: a product displayed for sale on the Website;
Product Description: that part of the Website where certain details, description and specification in respect of the relevant individual Product are provided;
Personal Information: the details provided by you when registering your details on the Website;
Terms: the terms and conditions set out in this document;
UK: England, Wales, Scotland and Northern Ireland;
Users: the users of the Website collectively;
Website: Our website located at www.worldwidecameraexchange.co.uk or www.worldwidecameraexchange.com or any subsequent URL which may replace it.
When We use the words "writing" or "written" in these Terms, this will include e-mail except where We expressly say otherwise in these Terms.
3. GENERAL TERMS AND CONDITIONS OF PURCHASE
3.1 Our Contract with you
(a) Application: This clause 3 applies to any Order you place with Us through the Website. If any of these Terms conflict with any term of the Order, the Order will take priority.
(b) Consumers: If you are a consumer, you may only purchase Products from Our Website if you are at least 18 years old.
(c) Business Customers: If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use Our Website to purchase Products and/or Services.
3.2 How the Contract is formed between you and Us
The following conditions need to be met in full before a binding contract is created between you and Us:
(a) Order process: You place an Order for one or more Product(s) and/or Services on the Website by completing the check-out process and following the online instructions via clicking on the "Basket" link on the Website; you will be guided through the order process by following a series of simple online instructions.
(b) Pricing and Order errors: Save in manifest error on Our part, the price for the Products shall be the price stated in the relevant Order confirmation. We reserve the right to refuse any Order where the price is incorrectly stated on the Website or Order and may require you to make any such correction and take all such actions as we require before an Order is in a form acceptable to Us.
(c) Amendment of errors: Our Order process allows you to check and amend errors before submitting your Order to Us. Please take the time to read and check your Order at each page of the Order process. If you need to amend your Order after it has been submitted by contacting us on 01277 631353; or email [email protected].
(d) Payment: During the checkout process you will be asked to complete your payment details. You must complete all fields that are marked as compulsory. Please note that We will collect and store your Personal Information, using an encrypted secure payment mechanism. We will only use your Personal Information in accordance with Our Privacy Policy which is at clause 5 of these Terms.
(e) Acknowledgement of your Order: After submitting an Order via Our website We will send you an Order acknowledgement by email confirming receipt of your Order and details of the Products that you have ordered. It is your responsibility to check the Order acknowledgement details and advise Us of any errors or omissions as soon as possible and in any event within 2 (two) days of receipt of the Order acknowledgement. Completion of the online check-out process and Our email acknowledging receipt are not an acceptance of your Order.
(f) Acceptance of your Order:
(i) Acceptance of your Order for Products and the formation of a contract between Us will take place when the Products you have ordered have been despatched to you and you have received a despatch confirmation email from Us.
(ii) A contract will not be formed between Us if We have notified you that We do not accept your Order or if you have cancelled your Order in accordance with Our cancellation and returns policy.
(g) Ownership of Products: All Product(s) that you order through the Website will remain Our property until We have received payment in full from you for those Product(s).
(h) Non-acceptance of your Order: We may decline your Order (or part of it) for any reason. Other than set out in these Terms, We will not be responsible for any loss or damage you might suffer due to Us not accepting or otherwise declining your Order. If We cannot supply you with the Product(s) and/or Service(s) you ordered, We will:
(i) inform you of this in writing by phone or email; and
(ii) if you have already paid for the Product(s) and/or Service(s) refund you in full as soon as possible.
Non-acceptance of your Order may be for any one or more of the following reasons:
(i) the Product(s) no longer being in stock or the Product(s) and/or Service(s) are no longer available; or
(ii) the identification of a pricing or other error in the Order; or
(iii) your payment in respect of the Order is not authorised by your card issuer or is otherwise rejected/not accepted; or
(iv) the delivery address specified is not in the UK or
(v) you fail Our fraud or credit checks.
(i) Security of your Order: We will take all reasonable care, in so far as it is in Our power to do so, to keep the details of your Order and payment secure. However, unless we are negligent, We cannot be held liable for any loss you may suffer if a person who is not authorised by you or Us accesses the data you provide when accessing or ordering from the Website.
(j) Special Order Items: these are Products that We would not ordinarily stock and which we order in especially to fulfil your Order request for such Products. When you place an Order with Us which contains a Special Order Item, we reserve the right in our absolute discretion, to charge you the full price for that Order (including delivery charges) at the time of our acceptance of your Order; such acceptance being the time that we place Our order for the relevant Special Order Item(s) with the relevant supplier. Once your Special Order Item order has been accepted by Us you may not cancel it and clause 3.3 shall be deemed to have been amended accordingly.
3.3 Cancellation of your Order
(a) Our right to cancel an Order: If your payment is not received We will cancel your Order. If you have already received the Product(s) you ordered from Us, you must pay for the Product(s) or return those Product(s) to Us in accordance with clause 3.4 (Refunds and Returns) of these Terms and any other instructions that We provide to you. If you do not return Product(s) to Us or pay for them within 5 (five) days of the date on which We cancel your Order, We may collect or arrange for collection of the Product(s) at your expense. We reserve the right to charge you for damage to or adverse interference with any Product(s) that are the subject of an unpaid Order.
(b) Your right to cancel your Order before dispatch of the Products or provision of the Services: You have the right to cancel your Order at any time prior to dispatch of the Products by Us conditional upon:
(i) the Product(s) ordered being normally stocked by Us and the Product(s) not being special order items; and
(ii) the Products not having been specially and/or specifically made/produced/finished to your individual specification or personalised; and
(iii) the Products not having been being picked and packed ready for despatch/delivery; or
(iv) a period of 7 days not having elapsed since you receive our written acceptance of your Order for Services,
The process you must follow to cancel your Order is in clause 3.3(d) and 3.3(e). If you do not follow this process your refund or product exchange may be delayed.
If:
(i) the Product(s) ordered are not normally stocked by Us and the Product(s) are special order items; or
(ii) the Products have been specially and/or specifically made/produced/finished to your individual specification or personalised,
You have no right to cancel your Order and clauses 3.3(d) and 3.3(e) shall not apply. If you have any questions in relation to your rights to cancel your Order please contact us by phone on 01277 631353 or email [email protected].
(c) Your right to cancel an Order after dispatch of the Products: If you are a consumer, then subject to the exclusions set out below, you have a legal right to cancel a Contract within 14 days of receiving your Order from Us (under the UK Consumer Protection Regulations). This means that during the 14 day period, if you change your mind or for any other reason you decide that you do not want to keep a Product or to have the Services, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizen's Advice Bureau or Trading Standards Office.
You do not have the right to cancel your Order:
(i) if the Product(s) ordered are not normally stocked by Us and the Product(s) are special order items;
(ii) for a Product which contains computer software, or for DVDs or CDs which have been unsealed by you, or for consumable goods which, by their nature, cannot be returned, except where a fault is discovered which could not have been discovered unless you unsealed the Products; or
(iii) if the Products have been used.
(d) Cancellation method for online Orders: You may cancel your Order by contacting us by phone on 01277 631353 or email [email protected].
(e) When the cancellation is effective: If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you sent Us the email or posted the letter to Us. If you call Us to notify Us of your cancellation, then your cancellation is effective from the date you call Us.
3.4 Returns and refunds
(a) Change of mind returns: if for whatever reason you change your mind and would like to return all or any Products that are the subject of your Order after delivery to you, you have the right to return your Product(s) to Us within 14 days of delivery as per clause 3.3(c) above subject always to the provisions of clause 3.4(i) below and your compliance with clauses 3.4(d), 3.4(e), 3.4(f), 3.4(g), 3.4(h), 3.4(j), 3.4(k) and 3.4(l).
(b) Missing, Damaged or Incorrect Orders: We do all We can to ensure your Order arrives at your delivery address in a complete and perfect condition. If you don't receive all of the Products pursuant to your Order please contact us by phone on 01277 631353 or email [email protected] with the following information:
(i) your name;
(ii) your daytime contact number; and
(iii) details of the missing Product(s).
You must inspect your Products immediately upon your receipt of them and notify us within 3 days of delivery if they arrive damaged, incomplete or not otherwise in pristine condition. If the Product(s) arrive damaged, incomplete or not otherwise in pristine condition please retain all packaging and follow the returns procedure set out in clauses 3.4(d) to 3.4(f) (inclusive).
(c) Faulty Products:
Faults caused by accident, neglect, misuse or normal wear and tear will not be: (i) capable of return by you to Us pursuant to this clause 3.4(c) and We will have no liability to you in relation to the same; or (ii) covered under the relevant manufacturer's warranty; in relation to such faults, We do provide a service where by We will return the unit to the authorised repair agent to obtain an estimate to repair the unit.
Within 30 days of delivery of the Product: If a Product you have ordered from us develops a fault or is incorrectly described you may request a refund from Us or an exchange provided that you notify us of the fault or problem within 30 days of the delivery of that Product to you and you may return the Products following the process set out at clauses 3.4(d) to (f) inclusive below. A Product returned as faulty or incorrect within the 30 day time period specified above will be subject to Our inspection and testing to determine, at our sole and absolute discretion (acting in good faith and reasonably), that that Product is in fact faulty or incorrect (as the case may be) and if it is We will refund the price of the defective Product in full together with any applicable delivery charges and any reasonable costs you incur in returning that Product to Us.
After 30 days of delivery of the Product: If a Product you have ordered from us develops a fault after 30 days of delivery of the Product then you will need to rely on the terms of any guarantee (if any) that is supplied with the Product in respect of which We will offer you a repair service; such repairs will often be carried out by Our authorised repair/service teams with whom we have arrangements in place to ensure that your Product is repaired by skilled and qualified persons.
All Products returned as faulty or incorrect will be checked and if found to have no fault will be returned to you.
No refund will be processed until the returned Products have been received back to Us and have been confirmed to be faulty and/or incorrect by Us.
(d) How to tell Us that you want to return a Product: If you wish to return a Product to Us please contact Us by phone on 01277 631353 or email [email protected] with the following information:
(i) your name;
(ii) your daytime contact number;
(iiii) the Product(s) you are returning; and
(iv) the reason you wish to return the Product(s).
If you do not comply with this clause it may result in a delay in processing your refund.
(e) Method of return:
You can return the item to Us in one of the following ways:
(i) in person; or
(ii) By post.
(f) Costs of returning Products to Us: If you cancel your Order after the Products have been despatched, you will be responsible for returning the Products to Us at your expense in the condition described in clause 3.4(i).
(g) No refund of postage charges: If We charged you for postage on your original Order, this will be deducted from your refund if the Products have been despatched to you (except within the first 7 days of receiving the Order).
(h) Condition of Products returned to Us: If you return Products to Us, you must comply with the following conditions:
(i) the Products must be returned in its original sealed packaging together with all accessories, packaging, instructions and any other items included with it at time of sale (including free gifts). You must take reasonable care of the Products and return them in its original and undamaged condition.
(ii) unless faulty, digital products can only be accepted if the software is still sealed.
(iii) a proof of purchase must be supplied.
(iv) we will not refund any items that have been specially made to your individual specification or personalised such as film, developing or printing services Products.
If you do not comply with the above conditions we cannot refund or cancel your Order.
(j) Damaged Products: If any Product returned by you to Us is not in fully resaleable condition or the packaging is damaged by you and you have not notified Us of such within the time period and as specified in clause 3.4(b) above, We may refuse a refund on the item, or deduct up to 20% of the original selling price from the refund amount. This does not affect your statutory rights.
(k) Refunds: You will be notified by e-mail of any refund (including as a result of a cancellation of your Order) within a reasonable period of time. Refunds can only be made to the original card of purchase. We will aim to process refunds for any sum that has been paid by you for Product(s) which have been returned to Us undamaged in accordance with these Terms as soon as reasonably practicable and in any event within 30 (thirty) days of receipt of the returned Product(s) or the date We confirmed to you by e-mail that you were entitled to a refund.
(l) Legal rights: If you are a consumer, you will always have statutory rights in relation to Products that are faulty, damaged or not as described. These statutory rights are not affected by the returns policy in this clause or these Terms. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards office.
3.5 Late or incomplete orders
If your Order has not arrived within the expected time after dispatch or arrives incomplete please contact us by phone on 01277 631353 or email [email protected].
3.6 Damaged Products
If your Order arrives and the Product(s) are damaged, please comply with Our returns policy as set out in clause 3.4 of these Terms, please contact us by phone on 01277 631353 or email [email protected].
3.7 Product Availability
(a) Online Product availability: All Product(s) featured on the Website are subject to availability.
(b) If your Product is not available: We will inform you by email as soon as possible if the Product you have ordered is not available and We will not process your Order if made.
3.8 Product Description
(a) Each Product is sold subject to its Product Description as detailed on the Website.
(b) Accuracy of Product Description: We take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto Our system. We aim to keep the Website as up to date as possible but the information at a particular time may not always reflect the position exactly at the moment you place an Order. We cannot confirm the price of a Product until your Order is accepted in accordance with Our Order acceptance policy set out in clause 3.2 of these Terms. You acknowledge that We cannot guarantee the accuracy of information of the Website and that such information will be error free and you acknowledge that information published on the Website may include inaccuracies and typographical errors.
(c) Images and measurements of Products and Services Our Website: The images of the Products on Our Website are for illustrative purposes only. We have made every effort to portray Product(s) on the Website accurately, but slight variations may occur. All measurements are approximate and colour representation and reproduction are dependent upon publishing processes and the set-up of the device from which you are viewing the Website.
(d) Ex-Demonstration and Used Items: Ex-Demonstration and Used products are either ex-display or pre-owned. Ex-Demonstration and Used products are subject to Our returns policy in clause 3.4 save that you will not be entitled to request an exchange or replacement Product in relation to any Ex-Demonstration or Used Product returned to us pursuant to clause 3.4.
3.9 Delivery and delivery charges
(a) When delivery takes place: Delivery of Products will be completed when We deliver Products to the address you gave Us or when you collect the Products from Us. Your Order will be fulfilled by the estimated delivery date set out in the Order confirmation or acceptance of your Order for Services unless there is an Event Outside Our Control – see clause 3.17(e).
(b) Orders which are in stock:
(i) If your Order is placed before 11am on a working day (which is not a Bank or Public Holiday) We will despatch your Product to you the following day (a "working day" being each of Monday to Friday (inclusive) (excluding Bank or Public Holidays)).
(ii) If your Order is placed after 11am on a working day it will not be despatched until the following working day.
(iii) Next day working delivery will be available excluding delivery to the following places: Northern Ireland, Scottish Highlands and Scottish Islands, Isle of Man, Isle of Wight, Inverness, Aberdeen and Dumfries & Galloway.
(iv) We are not able to guarantee next working day delivery.
(d) Order charges and delivery method:
You will be charged for delivery of your Order depending on its value, size and the delivery method.
(e) Responsibility for Products: The Products will be your responsibility from completion of delivery.
3.10 Price and how to pay
(a) Our advertised prices: Product prices are correct at the time of publishing and include VAT. If the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for your Order in full before the change in VAT takes effect. Any Product price changes will be confirmed to you in the relevant Order acknowledgement. VAT is not reclaimable on Secondhand goods as these are sold through the VAT Margin Scheme.
(b) Payment method: All orders must be paid for using a UK registered credit or debit card. We offer various ways for you to pay online including Visa, MasterCard, Maestro, Solo and Paypal.
(c) When your payment for Products is taken: During the checkout process, all credit/debit card payments are subject to authorisation by your card issuer. We take payment when We accept your Order shortly before We despatch the Product(s) that you have ordered, except for certain special order items. The Merchant ID/payment reference that will show up on your credit card/bank statement in respect of the transaction will be "Worldwide Camera Exchange".
3.11 Our right to vary these terms and our Services
(a) We may revise these Terms from time to time, including but not limited to, in the following circumstances:
(i) changes in how We accept payment from you;
(ii) changes to the products or services that we offer or to Our Website; or
(iii) changes in relevant laws and regulatory requirements.
(b) Unless We state otherwise, every time you order Products or Services from Us, the Terms in force at that time will apply to the Contract between you and Us.
(c) Whenever we revise these Terms in accordance with this clause 3.11, We will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
(d) We may alter, correct, suspend or discontinue any part of Our Services, how you can use them, and their description on Our Website.
3.12 Manufacturer's Guarantee
Some of the Products We sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions of such guarantee, please refer to the manufacturer's guarantee provided with the Product(s).
If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
3.13 Our liability to you
(a) If you are a business customer: We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise under or in connection with these Terms for:
(i) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
(ii) any loss of goodwill or reputation; or
(iii) any loss or corruption of data, information or software; or
(iv) any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Terms.
To the fullest extent permissible under applicable law, We disclaim any and all warranties of any kind, whether express or implied, in relation to the Products and Services.
(b) If you are a consumer:
(i) 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 of these Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of Our breach or if they were contemplated by you and Us at the time We entered into the Contract.
(ii) We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Nothing in the Terms will exclude or limit Our liability for:
(i) fraud, fraudulent misrepresentation, death or personal injury resulting from Our negligence or that of Our servants, agents or employees;
(ii) breach of the terms implied by current Sale of Goods regulations;
(iii) defective products under current Consumer Protection regulations; or
(iv) if you are a consumer, any breach of the terms implied by current Sale of Goods regulations.
3.14 Information about Us and how to contact Us
We operate the Website www.worldwidecameraexchange.co.uk. We are a company registered in England and Wales under company number 8847138 and our registered address is 5 Foxleigh Close Billericay CM12 9NZ. Our registered VAT number GB 181 0439 26.
If you have any queries about these Terms or any Order or Contract, please contact us by phone on 01277 631353 or email [email protected].
3.15 Complaints
Please contact us by phone on 01277 631353 or email [email protected].
3.16 Other important terms
(a) Communications between Us: Unless We state otherwise in these Terms, please contact us in writing to our Registered Address or by phone on 01277 631353 or email [email protected].
(b) Transfer of a Contract to someone else: We may transfer Our rights and obligations under a Contract to another organisation, but this will not affect your rights or Our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
(c) Enforcement of these terms by someone else: Each Contract is between you and Us. No other person shall have any rights to enforce any of its terms except as expressly set out in these Terms.
(d) Whole agreement: If you are a business, these Terms and any document expressly referred to in them constitute the whole agreement between you and Us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of Us which is not set out in these Terms or any document expressly referred to in them.
(e) Events Outside Our control: We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a Contract that is caused by an Event Outside Our Control. If an Event Outside Our Control takes place that affects the performance of Our obligations under a Contract:
(i) We will contact you as soon as reasonably possible to notify you; and
(ii) Our obligations under a Contract will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Products to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
(f) Waiver: If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you. Unless specifically provided otherwise, rights arising under the Contract or these Terms are cumulative and do not exclude rights provided by law.
(g) Each of the clauses of these Terms operates separately: If any court or relevant authority decides that any of these clauses are unlawful or unenforceable, such clauses shall be deemed to have been deleted or amended to such extent as is strictly necessary for such clauses to be lawful and enforceable and all other remaining clauses will remain in full force and effect.
(h) Governing Law:
(i) If you are a consumer, please note that these Terms are governed by English law (including non-contractual disputes or claims). This means a Contract for the purchase of Products through Our Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and We both agree to that the courts of England and Wales will have exclusive jurisdiction (including non-contractual disputes or claims). However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
(ii) If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales (including non-contractual disputes or claims).
4. WEBSITE TERMS OF USE
4.1 Status and Application
This clause 4 applies to your use of the Website.
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are:
(a) aware of these Terms, and that they comply with them; and
(b) they are not under the age of 13 and if they are over the age of 13 but under the age of 18 they are being supervised by an adult over the age of 18 at all times.
Access to the Website by anyone under the age of 13 is unauthorised and is not permitted by these Terms; by using the Website you confirm that you are over the age of 13 and if you are over the age of 13 but under the age of 18 you are being supervised by an adult over the age of 18 at all times.
The information provided by us on the Website is not in any way an invitation or recommendation to buy any products or services featured and you should seek appropriate independent advice.
4.2 Errors and Omissions:
We make every effort to ensure that the information on Our Website is accurate and up to date. However we cannot guarantee such information will be error-free and you acknowledge that information published on this Website may include inaccuracies and typological errors. We will promptly correct any errors brought to Our attention. If you find an error please let Us know via Our Contact Us section.
We can accept no responsibility for information or opinions from third-parties, contained within this Website, or for the content of links from this Website.
Product photographs are for illustration only, products may differ from those shown. Descriptions are supplied by the manufacturer and may change without notice.
We reserve the right to withdraw any item from sale, at any point prior to despatch, for whatever reason.
Offers, prices, specifications and services are subject to change.
4.3 Copyright and Trade Marks:
The Website is owned, controlled or licensed by Us. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website will remain at all times vested in Us or Our licensors. You are permitted to use this material only as expressly authorised by Us or Our licensors.
You shall retain ownership of all copyright in data you submit to Us or the Website. You grant us a word-wide, exclusive, royalty-free, non-terminable licence, to use, copy, distribute, publish and transmit such data in any manner.
4.4 Your use of Our Website:
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through it.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. You may print off one copy, and may download extracts of any page(s) from the Website for your personal reference and you may draw the attention of others within your organisation to material posted on the Website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way under this clause, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status as the authors of material on Our Site must always be acknowledged. If you print off, copy or download any part of the Website in breach of these Terms your right to use the Website will cease immediately and you must, at Our option, return or destroy any copies of the materials you have printed off copied or downloaded.
We will enedeavour to allow uninterrupted access to the Website but We reserve the right to modify or withdraw, temporarily or permanently, this Website (or any part of it, including any Service or Product advertised on it) with or without notice to you and you confirm that We will not be liable to you or any third party for any modification to or withdrawal of the Website.
We do not warrant that the Website will meet your requirements or will be uninterrupted, timely or error-free or that defects will be corrected.
If you access the Website from outside the UK you are responsible for compliance will all local laws in respect of such access/use.
4.5 Your obligations:
You confirm that:
(a) you have parental consent if under 18 years of age where you are providing Personal Information;
(b) the Personal Information which you provide to Us is true, accurate, current and complete in all respects; and
(c) you will notify Us immediately of any changes to the Personal Information. Please contact us by phone on 01277 631353 or email [email protected].
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
4.6 Prohibited uses:
You may use the Website only for lawful purposes. You must not use the Website:
(a) in any way that breaches any applicable local, national or international law or regulation; or
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
(c) for the purpose of harming or attempting to harm minors in any way; or
(d) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
(e) to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You must not:
(a) reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of these Terms; or
(b) access without authority, interfere with, damage or disrupt:
(i) any part of the Website;
(ii) any equipment or network on which the Website is stored;
(iii) any software used in the provision of the Website; or
(iv) any equipment or network or software owned or used by any third party.
4.7 User name and password:
On registering with Us, you register a user name and password which must be used in order to access certain restricted parts of the Website. The user name and password are personal to you and are not transferable.
Your name and password are the methods used by us to identify you and so are very important. You are responsible for all information posted on the Website by anyone using your user name and password and any payments due for services accessed through the Website by anyone using your user name and password. Any breach of security of a user name and password should be notified to Us immediately.
We have the right to disable your password, if in Our opinion, you have failed to comply with or otherwise breach any of the provisions of these Terms.
You may not adapt or circumvent the systems in place in connection with the Website, nor access the Website other than through normal operations.
4.8 Website suspension and termination:
(a) From time to time, We may restrict Users' access to all or any part of the Website, or any User's access to the Website who have registered with Us.
(b) We will determine, in Our discretion, whether there has been a breach of these Terms through your use of the Website. When a breach of these Terms has occurred, We may take such action against you or any other third party as We in Our absolute discretion deem appropriate.
(c) Failure by you to comply with these Terms, may in Our absolute discretion result in Our taking all or any of the following actions:
(i) immediate, temporary or permanent withdrawal of your right to use the Website;
(ii) issue of a formal warning to you;
(iii) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from your failure to comply with these Terms;
(iv) further legal action against you; or
(v) disclosure of such information to such law enforcement or other regulatory authorities as We in Our absolute discretion decide.
All disclaimers, indemnities and exclusions in this clause 4 shall survive termination of any Contract between us for any reason.
4.9 Viruses, hacking and other offences:
We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it. We make no warranty that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
4.10 Data submitted by users:
We accept no liability for data supplied by any user for display on the Website.
If you submit data for display on the Website you are responsible for ensuring that the data is accurate, complete and up to date and for updating that data where necessary.
If you submit data for display on the Website you are responsible for ensuring that no data is uploaded or submitted which is untrue, defamatory, obscene or abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties.
You warrant that you have taken all reasonable precautions to ensure that any data you upload or otherwise submit to the Website is free from viruses and anything else which may have a contaminating or destructive effect on any part of the Website or any other technology.
We reserve the right (without limiting our rights to seek other remedies) to remove offending material placed on the Website that we consider to constitute a misuse of the Website or which is otherwise harmful to other users of the Website.
4.11 Disclaimer:
The information on the Website is provided by Us and is for general information purposes only.
Due to the nature of electronic transmission of data over the internet, and the number of users by whom data is posted on to the Website, We do not accept any responsibility or liability for loss or damage including without limitation, any economic losses, indirect or consequential loss or damage, or any loss or damage whatsoever arising from use or loss of use of data arising out of or in connection with the use of the Website.
We assume no responsibility for the content of any other websites to which this Website has links. Linking should not be taken as endorsement of a website, including any products and services referred to in that website, nor does it imply that there is an association between Us and the operators of that website. We cannot guarantee that these links will work all the time and has no control over the availability of linked pages. We endeavour to keep the Website running smoothly but We do not guarantee uninterrupted access to the Website.
5. PRIVACY POLICY AND SECURITY
5.1 Application: This privacy policy governs the collection, storage and use of personal information collected by Us via the Website. It provides you with details about the personal information We collect from you, how We use your personal information and your rights to control personal information We hold about you.
5.2 Security of your information: We will treat all your Personal Information as confidential (although We reserve the right to disclose this information in the circumstances set out below). We will fully comply with all applicable UK Data Protection and consumer legislation from time to time in force. If you wish to read the information that We hold about you, you should contact the web team via the Contact page. While We reserve the right to make a nominal charge for such for information requests, We are unlikely to do so.
5.3 Your Personal Information: When you use this Website, We will ask you to input and will collect Personal Information from you such as your name, e-mail address and information We need about you in order to supply you with Products you order from Us such as your postal address, telephone number and credit and/or debit card details. We may also collect, and Our third party providers of advertisements and content may collect, information about where you are on the internet (e.g. the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of Our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on Our Website (User Information). You have the right to ask Us to correct and update any out-of-date or incorrect Personal Information that We hold about you free of charge.
5.4 Our monitoring of the Website: You should be aware that the Website is monitored and may capture information about your visit that will help Us improve the quality of Our service.
5.5 How We will use the information you provide to Us: We confirm that any Personal Information which you provide to Us (or which is available on public registers) and any User Information from which We can identify you, is held in accordance with the registration We have with the Data Commissioner's Office. We use your information only for the following purposes:
(a) to make the Website available to you and to complete any purchases you make through this Website;
(b) to customise the Website according to your interests;
(c) to improve this Website and Our products;
(d) to provide you with Services that you require;
(e) to contact you for market research purposes (including by SMS and email); although We will only pass on your details to third parties who may contact you for market research purposes with your prior approval;
(f) to serve website content and advertisements to you;
(g) for internal record keeping;
(h) to administer the Website;
(i) where you have given Us your consent, to periodically send promotional emails about new products, special offers or other information which We think you may find interesting (including by SMS and email); and
Finally, we may also collect anonymised details about visitors to Our Website for the purposes of aggregate statistics or reporting purposes. However, no single individual will be identifiable from the anonymised details We collect for these purposes.
5.6 How We may contact you: You agree that you do not object to Us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under current UK Privacy and Electronic Communications Regulations. You may unsubscribe from Our contact list at any time by clicking on the unsubscribe link at the bottom of the email.
5.7 Sharing your information with others:
(a) We will not disclose, sell or rent your personal information to any third party unless you have consented to this. If you do consent but later change your mind, you may contact Us and We will cease any such activity. However, if a third party acquires all (or substantially all) of Our business and/or assets, We may disclose your personal information to that third party in connection with the acquisition. We may also disclose your personal information where We are required to do so by applicable law, by a governmental body or by a law enforcement agency.
(b) Your Personal Information may be disclosed to other businesses and companies within the same group as Us and to reputable third parties who will help process your Order. We require all such third parties to treat your Personal Information as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.
(c) You should be aware that if We are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, We are entitled do so.
5.8 Cookies: Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the Website. To find out more about Cookies, please visit www.aboutcookies.org.
We realise how important it is to securely store any information that you provide. We maintain the highest levels of security. You can therefore rest assured that We take the privacy and security of your Personal Information very seriously.
Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.aboutcookies.org or www.allaboutcookies.org.
To opt out of being tracked by Google Analytics across all websites visit https://tools.google.com/dlpage/gaoptout.
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