WELCOME TO THE Impact Showplates Ltd WEBSITE TERMS
AND CONDITIONS FOR USE. THESE TERMS AND CONDITIONS APPLY TO THE USE
OF THIS WEBSITE AT www.impactshowplates.co.uk. BY ACCESSING THIS
WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS
AND CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE
TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US
OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS
WEBSITE.
| 1. |
INTRODUCTION |
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1.1 |
You will be able to access most areas of this Website without
registering your details with us. Certain areas of this Website
are only open to you if you register. |
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1.2 |
We may revise these terms and conditions at any
time by updating this posting. You should check this Website
from time to time to review the then current terms and conditions,
because they are binding on you. Certain provisions of these
terms and conditions may be superseded by expressly designated
legal notices or terms located on particular pages of this Website.
If you do not wish to accept any new terms and conditions after
we have given notice, you should not continue to use this Website. |
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| 2. |
ORDERING FROM US |
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2.1 |
You are deemed to place an order with
us by ordering via our online checkout process. As part of our
checkout process you will be given the opportunity to check your
order and to correct any errors. We will send you an order acknowledgement,
detailing the products you have ordered. |
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2.2 |
Our acceptance of an order takes place
when we despatch the order. When we despatch the order the purchase
contract will be made even if your payment has been processed
immediately, unless we have notified you that we do not accept
your order or you have cancelled your order. |
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2.3 |
We may refuse to accept an order: |
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(a) |
where goods are not available; |
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(b) |
where we cannot obtain authorisation for your
payment; |
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(c) |
if there has been a pricing or product description
error; or |
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(d) |
if you do not meet any eligibility criteria set
out in our terms and conditions. |
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| 3. |
PRICING |
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3.1 |
All prices include VAT (where applicable)
at the current rates. We reserve the right to express the price
exclusive of VAT, but we shall show VAT separately and include
it in the total price. |
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3.2 |
Where we charge separately for packing,
carriage and insurance and other relevant charges, the appropriate
rates are set out in our specified pricing structure shown elsewhere
on this Website. |
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3.3 |
Our prices are reviewed periodically
and the next review will be on 01/06/2006. |
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| 4. |
CANCELLATION AND RETURNS POLICY |
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4.1 |
If you wish to cancel your order: |
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(a) |
you can notify us by email to showplates@impact-signs.co.uk
before we have dispatched the goods to you; or |
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(b) |
where goods have already been dispatched to you,
by returning goods to us in accordance with clause 4.2 below |
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4.2 |
You can return goods you have ordered
from us for any reason at any time within 14 days of receipt
for a full refund or exchange. The costs of returning goods to
us shall be borne by you. |
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4.3 |
Upon receipt of the goods we will
give you a full refund of the amount paid or an exchange credit
as required. |
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4.4 |
The rights to return the goods
to us as referred to in clause 4.3 will not apply in the following
circumstances:
- in the event that the product has been used
- to any products that we have made or customised specifically
for you
The provisions of this clause 4.4 do not affect your statutory
rights. |
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| 5. |
LICENCE |
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5.1 |
You are permitted to print and download
extracts from this Website for your own use on the following
basis: |
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(a) |
no documents or related graphics on this Website
are modified in any way; |
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(b) |
no graphics on this Website are used separately
from accompanying text; and |
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(c) |
any of our copyright and trade mark notices and
this permission notice appear in all copies. |
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5.2 |
Unless otherwise stated, the copyright
and other intellectual property rights in all material on this
Website (including without limitation photographs and graphical
images) are owned by us or our licensors. For the purposes of
these terms and conditions, any use of extracts from this Website
other than in accordance with clause 5.1 above for any purpose
is prohibited. If you breach any of the terms in these terms
and conditions, your permission to use this Website automatically
terminates and you must immediately destroy any downloaded or
printed extracts from this Website. |
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5.3 |
Subject to clause 5.1, no part
of this Website may be reproduced or stored in any other website
or included in any public or private electronic retrieval system
or service without our prior written permission. |
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5.4 |
Any rights not expressly granted in
these terms are reserved. |
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| 6. |
SERVICE ACCESS |
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6.1 |
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. |
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6.2 |
Access to this Website may be suspended
temporarily and without notice in the case of system failure,
maintenance or repair or for reasons beyond our control. |
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| 7. |
VISITOR MATERIAL AND CONDUCT |
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7.1 |
Other than personally identifiable
information, which is covered under the Privacy Policy [INSERT
HYPERLINK], any material you transmit or post to this Website
will be considered non-confidential and non-proprietary. We will
have no obligations with respect to such material. We and our
nominees will be free to copy, disclose, distribute, incorporate
and otherwise use such material and all data, images, sounds,
text and other things embodied therein for any and all commercial
or non-commercial purposes. |
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7.2 |
You are prohibited from posting or
transmitting to or from this Website any material: |
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(a) |
that is threatening, defamatory, obscene, indecent,
seditious, offensive, pornographic, abusive, liable to incite
racial hatred, discriminatory, menacing, scandalous, inflammatory,
blasphemous, in breach of confidence, in breach of privacy or
which may cause annoyance or inconvenience; |
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(b) |
for which you have not obtained all necessary
licences and/or approvals; |
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(c) |
which constitutes or encourages 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;
or |
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(d) |
which is technically harmful (including, without
limitation, computer viruses, logic bombs, Trojan horses, worms,
harmful components, corrupted data or other malicious software
or harmful data). |
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7.3 |
You may not misuse the Website (including,
without limitation, by hacking). |
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7.4 |
We will fully co-operate with any
law enforcement authorities or court order requesting or directing
us to disclose the identity or locate anyone posting any material
in breach of clauses 7.2 or 7.3. |
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| 8. |
LINKS TO AND FROM OTHER WEBSITES |
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8.1 |
Links to third party websites on this
Website are provided solely for your convenience. 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. If you decide to access any of the
third party websites linked to this Website, you do so entirely
at your own risk. |
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8.2 |
If you would like to link to this
Website, you may only do so on the basis that you link to, but
do not replicate, the home page of this Website, and subject
to the following conditions: |
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(a) |
you do not remove, distort or otherwise alter
the size or appearance of the Impact Showplates Ltd logo; |
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(b) |
you do not create a frame or any other browser
or border environment around this Website; |
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(c) |
you do not in any way imply that we are endorsing
any products or services other than our own; |
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(d) |
you do not misrepresent your relationship with
us nor present any other false information about us; |
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(e) |
you do not otherwise use any Impact Showplates
Ltd trade marks displayed on this Website without our express
written permission; |
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(f) |
you do not link from a website that is not owned
by you; and |
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(g) |
your website does not contain content that is
distasteful, offensive or controversial, infringes any intellectual
property rights or other rights of any other person or otherwise
does not comply with all applicable laws and regulations. |
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We expressly reserve the right to
revoke the right granted in this clause 8.2 for breach of these
terms and to take any action we deem appropriate. |
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8.3 |
You shall fully indemnify us for any
loss or damage we or any of our group companies may suffer or
incur as a result of your breach of clause 8.2. |
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| 9. |
REGISTRATION |
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9.1 |
To register with www.impactshowplates.co.uk
you must be over eighteen years of age. |
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9.2 |
Each registration is for a single
user only. We do not permit you to share your user name and password
with any other person nor with multiple users on a network. |
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9.3 |
Responsibility for the security of
any passwords issued rests with you and if you know or suspect
that someone else knows your password, you should contact us
immediately. |
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9.4 |
We may suspend or cancel your registration
immediately at our reasonable discretion or if you breach any
of your obligations under these terms and conditions. |
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| 10. |
DISCLAIMER |
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10.1 |
While we endeavour to ensure that
the information on this Website is correct, we do not warrant
the accuracy and completeness of the material on this Website.
We may make changes to the material on this Website, or to the
products and prices described in it, at any time without notice.
The material on this Website may be out of date, and we make
no commitment to update such material. |
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10.2 |
The material on this Website is provided ìas
isî without any conditions, warranties or other terms of
any kind. Accordingly, to the maximum extent permitted by law,
we provide you with this Website on the basis that we exclude
all representations, warranties, conditions and other terms (including,
without limitation, the conditions implied by law of satisfactory
quality, fitness for purpose and the use of reasonable care and
skill) which but for these terms and conditions might have effect
in relation to this Website. |
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| 11. |
LIABILITY |
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11.1 |
We, any other party (whether or not
involved in creating, producing, maintaining or delivering this
Website), and any of our group companies and the officers, directors,
employees, shareholders or agents of any of them, exclude all
liability and responsibility for any amount or kind of loss or
damage that may result to you or a third party (including without
limitation, any direct, indirect, punitive or consequential loss
or damages, or any loss of income, profits, goodwill, data, contracts,
use of money, or loss or damages arising from or connected in
any way to business interruption, and whether in tort (including
without limitation negligence), contract or otherwise) in connection
with this Website in any way or in connection with the use, inability
to use or the results of use of this Website, any websites linked
to this Website or the material on such websites, including but
not limited to loss or damage due to viruses that may infect
your computer equipment, software, data or other property on
account of your access to, use of, or browsing this Website or
your downloading of any material from this Website or any websites
linked to this Website. |
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11.2 |
Nothing in these terms and conditions
shall exclude or limit our liability for (i) death or personal
injury caused by negligence (as such term is defined by the Unfair
Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation
as to a fundamental matter; or (iv) any liability which cannot
be excluded or limited under applicable law. |
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11.3 |
If your use of material on this Website
results in the need for servicing, repair or correction of equipment,
software or data, you assume all costs thereof. |
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11.4 |
You agree to indemnify us fully, defend
and hold us, and our officers, directors, employees and agents,
harmless from and against all claims, liability, damages, losses,
costs (including reasonable legal fees) arising out of any breach
of the terms and conditions by you, or your use of this Website,
or the use by any other person using your registration details. |
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| 12. |
GOVERNING LAW AND JURISDICTION |
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12.1 |
These terms and conditions shall be
governed by and construed in accordance with English law. Disputes
arising in connection with these terms and conditions shall be
subject to the exclusive jurisdiction of the English courts. |
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12.2 |
We do not warrant that materials/items
for sale on the Website are appropriate or available for use
outside the United Kingdom. It is prohibited to access the Website
from territories where its contents are illegal or unlawful.
If you access this Website from locations outside the United
Kingdom, you do so at your own risk and you are responsible for
compliance with local laws. |
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| 13. |
MISCELLANEOUS |
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13.1 |
You may not assign, sub-license or
otherwise transfer any of your rights under these terms and conditions |
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13.2 |
If any provision of these terms and
conditions is found by any court of competent jurisdiction to
be invalid, the invalidity of that provision will not affect
the validity of the remaining provisions which shall continue
to have full force and effect. |
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13.3 |
Only the parties to these terms and
conditions may seek to enforce them under the Contracts (Rights
of Third Parties) Act 1999. |
