Website Terms and Conditions
These terms and conditions (together with the documents referred to in them) (the “Terms”) apply to your use of the Wiltshire Farm Foods website at www.wiltshirefarmfoods.ie (the “Website”) and to your relationship with us (apetito Limited) and our franchisees. By accessing this Website and/or placing an order for any of our products (“Products”) you agree to be bound by these Terms. Please read them carefully.
Certain areas of this Website are only open to you if you register but using this Website indicates that you accept these terms regardless of whether or not you choose to register. If you do not agree to be bound by these Terms you may not use or access this Website.
This Website is owned and operated by apetito Limited a company registered in England and Wales whose registered office is at Canal Road, Trowbridge, Wiltshire BA14 8RJ. Company Registration No. 233851. VAT No. 138176066.
Other Applicable Terms
These terms and conditions refer to and incorporate by reference, the following additional terms:
- Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the Website. When using the Website, you must comply with this Acceptable Use Policy.
If you purchase Products from the Website, our Product Terms and Conditions will apply to the sales.
USE OF THE WILTSHIRE FARM FOODS WEBSITE AND THESE TERMS
This Website is provided to you free of charge for your personal use subject to these Terms. The purpose of the Website is to provide you with details of our Products and also to enable you to contact your local Wiltshire Farm Foods outlet in relation to any requirements you may have.
All contracts for the supply of Products formed through our Website (or as a result of visits made by you) are governed by our specific Product Terms and Conditions. Your contract of purchase will be with one of our franchisees.
We may update these Terms from time to time. Any changes will be notified to you via an amendment to this page. You are therefore expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our Website. If you do not wish to accept the new terms and conditions you should cease using the Website. If you continue to do so, after the date on which the changes come into effect, your use will indicate your agreement to be bound by the new terms and conditions.
Unless otherwise stated, the copyright and other intellectual property rights in the Website, and all materials published on it (including without limitation photographs and graphical images) are owned by us. The names “Wiltshire Farm”, “Wiltshire Farm Foods” and apetito are trademarks of apetito Limited. You may not reproduce or store any such material on any other website or include it in any public or private electronic retrieval system or service without our prior written permission. You may print one copy of the content for your own personal use provided that you keep intact any copyright or proprietary notices and our status (and that of any identified contributors) as the authors of the material on the Website are always acknowledged.
Any rights not expressly granted in these Terms are reserved.
You must not modify the paper or digital copies of any materials you have printed off, copied or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the materials on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our 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 made.
While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
Access to this Website (or part of this Website) may be suspended temporarily by us from time to time and without notice in the case of system failure, maintenance, new facilities or services or repair or for reasons beyond our control.
We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.
We shall not be liable for any telephone or other costs that you may incur due to the Website being unavailable for any period of time for any reason.
You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and that they comply with them.
VISITOR MATERIAL AND CONDUCT
Whenever you make use of a feature that allows you to upload content to this Website, or to make contact with other users of this Website, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.
We have the right to remove any posting you make on this Website if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
The views expressed by others users on this Website do not represent our views or values.
We do not guarantee that this Website will be secure or free from bugs or viruses, and we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
You are solely responsible for securing and backing up your content, and for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
You must not misuse this Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 or other applicable criminal laws. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
LINKS TO AND FROM OTHER WEBSITES
Where our Website contains links to third party websites they are provided solely for your convenience and information only. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites, or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them and we do not accept responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
LINKING TO OUR WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Website in any website that is not owned by you.
Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to make any use of content on our site other than that set out above, please contact us using the email address listed on the Website in the “Contact us” section.
To register on our Website you must complete the required registration and be legally capable of entering into binding contracts and be 18 years of age or over.
Each registration is for a single user only. You must not share your user name and password with any other person or with multiple users on a network.
You are responsible for any activity or order that occurs or is submitted under your email address or your email address used in combination with your password. If you know or suspect that someone else knows your password you should notify us immediately.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
OUR RIGHT TO SUSPEND OR CANCEL YOUR REGISTRATION
We may suspend or cancel your registration immediately without notice at our reasonable discretion, or if you breach any of your obligations under these Terms or the Product Terms and Conditions.
The suspension or cancellation of your registration and your right to use the Website shall not affect either party’s rights or liabilities.
SPECIAL OFFERS AND PROMOTIONS
From time to time and at our discretion, purchases of our Products on our Website may be subject to special offers. In the event that a special offer applies to your purchase, the terms of such special offer shall be subject to these Terms and the relevant Product Terms and Conditions. If there is any conflict between the terms of a special offer and the Product Terms and Conditions, the Product Terms and Conditions shall prevail. Minimum order applies.
We may change the terms of such special offers or withdraw them altogether at any time and without prior notice.
We reserve the right to offer at our complete discretion, different customers different special offers and promotions.
While we endeavour to ensure that the information on this Website is correct, we do not warrant that it is accurate, complete or up to date. We may make changes to the material on this Website, or to the Products and prices described in it, at any time without notice.
Any nutritional data contained on the Website is provided for guidance only and is not intended to be definitive or to amount to advice on which reliance should be placed. Please refer to Product labels for definitive information. In particular, you should always consult with your doctor, dietician or other specialist in relation to any dietary requirements you may have before consuming any Products supplied by us or one of our franchisees, and we accept no responsibility for the consequences of failing to follow this advice. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or anyone who may be informed of any of its contents.
The material displayed on our Website is provided without any guarantees, warranties or conditions as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us (including our franchisees) hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. You must bear the risks associated with the use of the Internet. This paragraph does not affect your statutory rights.
OUR LIABILITY TO YOU
Our liability to you in respect of your use of the Website shall be limited as set out in the paragraph immediately below provided that:
- nothing in these Terms excludes our liability for fraud or fraudulent misrepresentation or for death or personal injury arising from our negligence or that of our employees or agents. (For the avoidance of doubt, however, none of the local Wiltshire Farm Foods outlets are our agents); and
- nothing in these Terms excludes any other liability which is prohibited from being excluded by law.
Except as provided in the paragraph immediately above, we, other members of our group of companies and third parties connected to us (including our franchisees) will not have any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website or the information on it, your reliance on such information or any part of it, any websites linked to it and any materials posted on it, or any dealings or transactions you may have with any local outlet for Wiltshire Farm Foods, including:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data; and
- loss of goodwill,
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This paragraph does not affect your statutory rights.
You will indemnify, defend and hold us, and our officers, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you or any other liability arising out of your use of this Website, or the use by any other person accessing the Website using your account and/or the information you provided upon registration.
If any part of these Terms is found to be invalid, unlawful or unenforceable to any extent by any court having competent jurisdiction, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
If you breach these Terms and we ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Terms.
We shall not be liable for any breach of these Terms caused by any circumstances beyond our control.
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 this Website.
A person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Party) Act 1999 to enforce any term of these Terms.
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract. The parties acknowledge that they have not entered into these Terms in reliance upon any statement, representation, assurance or warranty which is not set out in these Terms. Nothing in this paragraph shall limit or exclude any liability for fraud.
GOVERNING LAW AND JURISDICTION
These Terms and any dispute or claim arising out of or in connection with them, or their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with English law. Any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of these Terms shall be subject to the non-exclusive jurisdiction of the courts of English.
If you have any concerns about material which appears on our Website, or if you have any complaints or queries please contact us using the email address listed on the Website in the “Contact us” section.
Thank you for visiting our Website.
Website Acceptable Use Policy
This Acceptable Use Policy sets out the terms between you and us under which you may access the Wiltshire Farm Foods website at www.wiltshirefarmfoods.ie (the “Website”). This Acceptable Use Policy applies to all users of, and visitors to, our Website.
Your use of our Website means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy, which supplement our Website Terms and Conditions.
This Website is owned and operated by apetito Limited (“we” or “us”). We are registered in England and Wales under company number 233851 and we have our registered office at Canal Road, Trowbridge, Wiltshire BA14 8RJ. Our VAT number is 138176066.
You may use our Website only for lawful purposes. You may not use our Website:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- 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 also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of our Website Terms and Conditions.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our Website;
- any equipment or network on which our Website is stored;
- any software used in the provision of our Website; or
- any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our Website, including, without limitation, product reviews and ratings (“interactive services”).
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our Website (“contributions”), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right, trade mark or IPR of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in, the UK or any other country in the world.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of our Website. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this Acceptable Use Policy (or any part of it) constitutes a material breach of the Website Terms and Conditions upon which you are permitted to use our Website, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our Website.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our Website.
- Issue of a warning to you.
- 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 the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on our Website.
Product Terms and Conditions
These terms and conditions (together with the documents referred to in them) (the “Terms”) set out the terms and conditions on which we supply any of the products (“Products”) listed on our website at www.wiltshirefarmfoods.com (the “Website”). By placing an order for Products you agree to be bound by these Terms. Please read them carefully before doing so.
WE ARE THE LOCAL OUTLET OF WILTSHIRE FARM FOODS FOR YOUR POSTCODE AREA. OUR DETAILS ARE SET OUT ON THE WEBSITE. ANY CONTRACT ENTERED INTO FOR THE DELIVERY OF PRODUCTS WILL BE BETWEEN YOU AND US.
This Website is owned and operated by apetito Limited a company registered in England and Wales whose registered office is at Canal Road, Trowbridge, Wiltshire BA14 8RJ. Company Registration No. 233851. VAT No. 138176066.
- The price of the Products will be as quoted on the Website at the time you confirm your order (usually by clicking the “Checkout” button). If we have by obvious mistake underpriced any Product, we will not be liable to supply that Product at the stated price. We will endeavour to notify you before despatch. If you subsequently amend your order, the prices charged will be those applicable to the amended Products at the time that you confirm your amended order.
- All prices are expressed inclusive of any VAT payable (unless otherwise stated) at the current rates and are correct at the time of entering the information onto the system.
- The price includes delivery, subject to a minimum order requirement for some postcode areas, which (where relevant) is displayed on the Website.
- SERVICE AVAILABILITY
- Our Website is only intended for use by people resident in mainland Great Britain, Northern Ireland and the Republic of Ireland. Some restrictions are placed on the extent to which we accept orders from specific regions within those countries. These restrictions can be found on our Website. Please review our Website before ordering Products from us.
- We may accept orders from individuals outside these countries for delivery in the UK at a delivery address compatible with our delivery schedule (as amended from time to time). However, to the extent that you place an order for Product(s) outside mainland Great Britain, Northern Ireland and the Republic of Ireland, we shall not be liable to you, or any third party in respect of such orders and you warrant that you are able to access our Website from your country and are able to purchase the Products without contravening local or international laws.
- Payment for Products may be made by:
- credit card or debit card (pursuant to paragraph 3.6); or
- cash or cheque (on your receipt of your order and provided that any cheque is supported by a valid cheque guarantee card).
- A minimum order requirement applies to some local outlets of Wiltshire Farm Foods specific postcode areas, where relevant these are displayed on the Website.
- Payment by cash or cheque will be collected at the point of delivery unless an alternative method of payment has been agreed by us BEFORE delivery.
- The credit cards and debit cards accepted by us are any of the following: MasterCard, Visa, Maestro and Solo.
- Payments made by you by accepted credit or debit cards will be collected directly by Homecare Foods Limited. Homecare Foods Limited’s details are set out at the beginning of these Terms.
- If you pay by credit or debit card, your card will be charged at the time of the order. Any adjustment to your order which may happen during the confirmation process will be debited or credited to your card once your delivery has taken place.
- Your credit /debit card will be encrypted to minimise the possibility of unauthorised access or disclosure.
- You agree to indemnify us in full against all loss, cost and expense incurred by us or our agent in obtaining payment from you in the event that we are unable to recover in full the price of any Product ordered by you.
- Payment for Products may be made by:
- We will notify you as soon as possible if for any reason we are unable to supply a particular Product. We will not be liable to you if we are unable to supply a particular Product. We will try, where appropriate, to offer a substitute but please note that this may affect the price. You may reject any substitute Product and we will refund the amount you have been charged for that substitute.
- Although we will always try to cater for your order, an order of large quantities of a particular Product can only be fulfilled at our discretion.
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the “Dispatch Confirmation“). The contract between us (“Contract“) will only be formed when we send you the Dispatch Confirmation.
- The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
- The sales Contract is completed in England and concluded in English.
- DELIVERY / RISK AND TITLE
- Your order will be fulfilled by the delivery date as agreed with you and set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances beyond our control.
- Delivery will be made to the address as set out in the Dispatch Confirmation.
- We reserve the right to restrict deliveries in certain areas and this includes the right to eliminate certain areas from our delivery schedule entirely from time to time.
- If no one is at the specified address when the delivery is attempted the Products may be retained by us. We will leave notification of the attempted delivery and will telephone you to attempt to rearrange the delivery.
- The Products will be at your risk from the time of delivery.
- Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
- CANCELLATION AND CHANGES TO AN ORDER
- Orders can be cancelled at any time up until the moment they are dispatched. (This is normally around 4pm on the day before you are expecting delivery.)
- We will promptly and fully refund the cost of any Products that do not meet with your reasonable satisfaction. If you want to return a Product to us (because you claim that the Product is defective), after inspection of the Product, please contact us immediately using the Contact Us section of our Website before returning the Product, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
- We will usually refund any money received from you using the same method originally used by your to pay for your purchase.
- If we have sent an incorrect item, please notify us as soon as possible. If you would like us to replace the incorrect item with the item that you ordered, we shall send you the correct one as soon as possible. We will not charge you for the incorrect item.
- AMENDMENTS TO WEBSITE
- We reserve the right to alter or withdraw any Products from this Website at any time and/or remove or edit any material or content on this Website and will not be liable to you or any third party by reason of our altering or withdrawing any Product whether or not that Product has been sold or by reason of removing or editing any material or contents of the Website.
- We may update these Terms from time to time. Any changes will be notified to you via the email address provided by you on registration or by a suitable notice on the Website. If you do not wish to accept the new terms and conditions you should cease using the Website. If you continue to do so, after the date on which the changes come into effect, your use will indicate your agreement to be bound by the new terms and conditions.
- To be eligible to purchase Products on this Website you must be legally capable of entering into binding contracts and be 18 years of age or over and have stipulated a delivery address compatible with our delivery schedule, as amended from time to time.
- Each registration is for a single user only. You must not share your user name and password with any other person or with multiple users on a network.
- You are responsible for any activity or order that occurs or is submitted under your email address or your email address in combination with your password. If you know or suspect that someone else knows your password you should notify us immediately.
- If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
- OUR RIGHT TO REFUSE A TRANSACTION OR TO SUSPEND OR CANCEL YOUR REGISTRATION
- We reserve the right to refuse to process a transaction to any customer and we shall not be liable to you or to any third party for refusing to process a transaction or unwinding or suspending any transaction should the processing have begun.
- We may suspend or cancel your registration immediately without notice at our reasonable discretion or if you breach any of your obligations under these Terms.
- The suspension or cancellation of your registration and your right to use the Website shall not affect either party’s rights or liabilities.
- DATA PROTECTION AND CONFIDENTIALITY
- It is not our policy to sell, rent or transfer information to third parties for marketing purposes.
- In the absence of our negligence we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
- OUR GUARANTEE / LIABILITY
- We guarantee the quality of our Products and warrant to you that any Product purchased from us through our Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
- Subject to paragraph 12.3, our liability for losses you suffer as a result of us breaking these Terms is strictly limited to the purchase price of the Product you purchased.
- This does not include or limit in any way our liability:
- for death or personal injury caused by our negligence;
- under section 2(3) of the Consumer Protection Act 1987;
- for fraud or fraudulent misrepresentation; or
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us including but not limited to:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings; or
- loss of data,
- provided that this paragraph 12.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of paragraph 12.1 or paragraph 12.2 or any other claims for direct financial loss that are not excluded by any of categories 12.4.1 – 12.4.5 inclusive of this paragraph 12.4.
- WRITTEN COMMUNICATIONS
- Applicable laws require that some of the information and communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- All notices given by you to us must be given via the details on the “Contact us” section of our Website. We may give notice to you either via the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 13 above. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- OTHER SITES
- We may also provide links on our Website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our Website, or from companies to whose website we have provided a link on our Website, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely.
- TRANSFER OF RIGHTS AND OBLIGATIONS
- The Contract between you and us is binding on you and us and on our respective successors and assigns.
- You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- EVENTS OUTSIDE OUR CONTROLS
- 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 events outside our reasonable control (“Force Majeure Event”).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- 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 (for example, including but not limited to unusual levels of snowfall);
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks; or
- the acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- If you breach these Terms and we ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Terms.
- 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 this Website.
- If any part of these Terms is found to be invalid, unlawful or unenforceable to any extent by any court having competent jurisdiction, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract. The parties acknowledge that they have not entered into these Terms in reliance upon any statement, representation, assurance or warranty which is not set out in these Terms. Nothing in this paragraph shall limit or exclude any liability for fraud.
- A person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Party) Act 1999 to enforce any term of these Terms.
- GOVERNING LAW AND JURISDICTION
- Contracts for the purchase of Products through our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with English law. Any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England.
- CUSTOMER COMPLAINTS
- If you have any concerns about material which appears on our Website or if you have any complaints or queries, please contact us on the e-mail address listed on the Website in the “Contact us” section.
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