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As Time Goes By
Terms and Conditions
www.exteriorclocks.co.uk
Terms and
Conditions for Use and Sales
These terms and
conditions were last updated on 16th February 2011
1. Introduction
1.1
These terms & conditions set out the terms between you the customer and us
the website owner.
1.2
Your use of this website and any service contained within constitutes
acceptance of these terms & conditions in full.
1.3
You should not use this website if you do not accept with these terms &
conditions in full.
2. Customer
Information
2.1
You should always check that the contact information you provide is correct
before creating a customer account or proceeding to payment.
2.2
You are responsible for maintaining your own username and password, where
required to access your customer account. You should ensure that you store
your username and password securely and that the details required to access
your customer account are not provided to another party.
2.3
As a customer you are responsible for your customer account and actions
taken within it. If you are aware or suspect that your customer account
username and password or other details have become known to a third party,
you should inform us immediately.
2.4
Our website is only intended for use by adults. Adults may purchase products
for children as long as the products purchased are intended by the
manufacturer for use or consumption by children.
2.5
We reserve the right to restrict or remove your access to this website where
you breach these terms and conditions. Such restriction or removal will take
place without recourse or explanation to you where we solely deem it
appropriate or necessary.
3. Privacy
We take your
privacy seriously. We are registered under and comply with the Data
Protection Act 1998. For further details please see our Privacy Policy.
4. Product Pricing
and Title
4.1
We make every effort to ensure that the pricing displayed on our website is
correct. However, if an error in the pricing of a product is found we
reserve the right to either cancel your order or contact you to arrange
payment of any extra sum due or refund any over-payment made by you (as
applicable). The processing of an order can be cancelled or corrected by us
at anytime up to the shipment of that order and any related items.
4.2
We reserve the right to alter all product pricing without notice.
4.3
Title in any products ordered from us does not pass to you, the purchaser
until we have received and processed a valid payment, and that payment has
been made into our own bank account and your order has been shipped.
5. Your Order
5.1
When you place an order you will automatically receive a confirmation email
from us to confirm your order. Your order constitutes an offer made to us to
purchase the goods specified in the order.
5.2
Your offer is only accepted by us once we have emailed you to confirm the
dispatch of your order.
5.3
Product items not included within the dispatch email are not included in the
order and contract between you and us.
5.4
We reserve the right to delay or refuse orders where a transaction contains
incomplete details or details that cannot be verified or where fraud is
suspected.
5.5
If we are unable to reasonably ascertain these details or resolve these
issues a full refund will be made against the card used at the time of
purchase. No other form of refund or credit will be offered nor will a
refund be made to any third party card or account.
6. Shipping and
Customs Duty
6.1
All orders received by us are shipped subject to availability.
6.2
We reserve the right to ship products at a later date (up to 28 days after
purchase) where the product ordered is not in stock at the time of purchase.
In this situation you will be contacted and offered a full refund instead of
delivery of the product.
6.3
We cannot be held responsible for disruption to shipping caused by
industrial disputes or action outside our direct control. If such disruption
occurs you will be offered delivery via an alternative delivery or
fulfilment company or a full refund.
6.4
If you are ordering a product from outside the UK the recipient of the
product is responsible for all customs duties or tariffs incurred in the
country to which the products are shipped. Furthermore your order may be
subject to delay or be opened and searched by local customs authorities when
entering the destination country. Please note we are unable to provide
specific advice on customs duties or tariffs.
7. Cancellation
Rights, Returns and Refunds
7.1
Under the Consumer Protection (Distance Selling) Regulations 2000 you have a
right to cancel your purchase. However, to exercise this right you must
notify us in writing, (email or letter) within 14
working days from the day after you receive your goods.
7.2
As stated above notification of cancellation must be in writing, a telephone
call is not a valid cancellation.
7.3
No right of cancellation, refund or return exists under the Consumer
Protection (Distance Selling) Regulations 2000 once you have used your
product, unless the product is defective and you are returning it for this
reason.
7.4
Goods that are sealed or shrink-wrapped and this is removed can only be
returned if they are defective.
7.5
No right of cancellation exists for personalised goods or goods that are
intimate in their nature or goods where there may be hygiene issues, unless
defective.
7.6
Please observe the following procedure for all returns to us:
7.6.1
On the back of your delivery note or on another piece of paper, (if you no
longer have your delivery note), include your order number and the reason
for the return.
7.6.2
If you are returning your product because it is defective, please state the
defect or defects.
7.6.3
Repackage the product in its original packaging, including any accessories,
brochures, manuals, guarantees or warranties that came with the product.
Unfortunately we will be unable to issue a refund where the product is in an
incomplete state.
7.7
If the original packaging surrounding the product has been damaged or
destroyed we will only issue a refund if the product is being returned due
to a defect. If the original packaging of a defective product has been
damaged or destroyed you should ensure that the returned product is
adequately packed for shipment back to us.
7.8
You are responsible for paying any postage or shipping costs incurred when
returning the product.
7.9
We recommend that all returns be sent by registered post, so that a record
of the return is available for you.
7.10
We will not issue refunds for any items lost or stolen in transit to us.
7.11
Where a return is lost or stolen in transit to us, you should claim
compensation from the company that shipped the return.
7.12
If you fail to return a product to us, we may make arrangements to have the
product collected from you. The cost of this collection will be passed on to
you.
7.13
Unused products may be returned promptly by customers to our address listed
at the end of these terms and conditions.
7.14
Subject to the above, we will refund the purchase price of a returned
product within thirty days of receiving written notification of your
intention to return the product.
7.15
We will also refund the cost of standard or recorded postage incurred
returning a product, if incorrectly sent by us or where the product has been
returned due to a defect. Please note that we will not refund any courier,
overnight or express element of any delivery or postage charge, including
Royal Mail Special Delivery.
8. Customer
Complaints
We endeavour to
respond to all customer complaints or queries within five working days.
9. Faulty Products
Where you
experience a fault with a product it can be returned to us subject to our
returns policy above.
10. Events Outside
Our Control
We shall not be
liable for delay or failure to perform any obligation under these Terms &
Conditions if the delay or failure is caused by any circumstances beyond our
reasonable control, including, but not limited to, acts of god, war, civil
disorder or industrial dispute.
11. Licence
11.1
We grant you a licence to access the content, information and
services contained within our website for personal use only.
11.2
This licence allows you to download and cache (using your browser)
individual pages from our website.
11.3
This licence does not allow you to download and modify individual pages or
substantial parts of our website nor to make our website available via an
intranet, where our website or a substantial part of it is hosted locally on
the intranet in question.
11.4
Our website design, layout, content or text cannot be copied, edited or
otherwise manipulated without our express prior written permission.
11.5
Our website cannot be placed within the frame-set of another site.
11.6
Third parties are not allowed to “deep link” to pages within our website,
without our express prior written permission. All links (unless expressly
permitted by us) should be to the main index page of our website.
Furthermore, the content of such links, whether graphic or text should not
be misleading, false, derogatory or in any other way offensive.
11.7
The restriction on “deep linking” does not apply to affiliate partners who
wish to send customers directly to a particular page or product in order to
increase their affiliate sales.
12. Copyright
12.1
All content, databases, graphics, buttons, icons, logos, layouts and look &
feel are our copyright, unless expressly acknowledged as otherwise.
12.2
The data mining, extraction or utilisation of product information from our
website is not permitted without our express prior written permission.
13. User Generated
Content
13.1
Where the
facility exists you may provide reviews or public feedback on the website of
products purchased by you, also known as user-generated content.
13.2
Where the facility exists such user-generated content can be provided in
different formats and mediums; text, audio, video and still photographs.
13.3
As part of providing this content to us you agree to grant us a worldwide,
irrevocable, non-exclusive and royalty-free license to use, distribute,
edit, translate and repurpose such content, as we require, including
sub-licensing to other parties.
13.4
Such content shall not infringe the intellectual property rights of any
other party. Furthermore the content shall not be illegal or capable of
breaching the laws of any jurisdiction in which it may be displayed.
13.5
We reserve the right to remove any content, which breaches or risks
breaching these terms and conditions.
13.6
However, we shall not assume any responsibility for auditing or monitoring
any user generated content.
13.7
Any complaints about such content by rights holders or any user or visitor
to our website should be directed to us using our contact details listed at
the end of these terms and conditions.
14. Limitations and
Exclusions of Liability
14.1
Where content
and information is provided on the website without charge we exclude all
liability for such content and information.
14.2
All business losses (including, but not limited to) loss of profits, income,
revenue, damage to goodwill, loss of other commercial contracts, other
commercial opportunities are all excluded.
14.3
All indirect, consequential or special losses or damage are all excluded.
14.4
All other losses or damages not reasonably foreseeable at the time of the
contract between you and us are also excluded.
14.5
All losses relating to the loss or corruption of data, databases, systems,
software or hardware are all excluded.
14.6
These terms and conditions do not exclude or limit liability for death or
personal injury caused by you or us.
14.7
These terms and conditions do not exclude or limit liability for fraud or
fraudulent misrepresentation caused by you or us.
14.8
These terms and conditions do not exclude or limit liability where this
conflicts with the applicable law for this jurisdiction.
15. Indemnity
By your use of our website you hereby indemnify us and
undertake to keep us indemnified at all times now and in the future against
all possible claims relating to any breach of these terms and conditions by
you. Such indemnities to include, (but not be limited to) all costs legal
and otherwise, all other expenses, damages or settlements arising from your
breach of these terms and conditions.
16. Variation
We reserve the
right to vary these terms & conditions at any time, without giving notice to
you. Such varied terms and conditions shall automatically apply to the use
of our website from the date of publication on our website.
17. Assignment
We reserve the
right to assign our rights and also our obligations under these terms and
conditions, without giving notice to you. This right of assignment shall
only apply to us and shall not apply to you in any way.
18. Severability
The foregoing
paragraphs, sub-paragraphs and clauses of these terms & conditions shall be
read and construed independently of each other. Should any part of this
agreement or its paragraphs, sub-paragraphs or clauses be found invalid it
shall not affect the remaining paragraphs, sub-paragraphs and clauses.
19. Waiver
Failure by us to
enforce any accrued rights under these terms & conditions is not to be taken
as or deemed to be a waiver of those rights by us unless we acknowledge the
waiver in writing.
20. Third Parties
These terms and conditions are between you and us. They
do not apply to, or benefit any third party and are not reliant on any third
party.
21. Entire Terms &
Conditions
These terms & conditions set out the entire agreement and
understanding between you and us.
22. Your Statutory
Rights
Where acting as a
consumer your statutory rights are unaffected.
23. Jurisdiction
These terms &
conditions shall be interpreted, construed and enforced in accordance with
English law and shall be subject to the exclusive jurisdiction of the
English Courts.
Our contact details
are as follows:
As Time Goes By
Unit16
Swanmore Business Park
Lower Chase Road
Swanmore
Hampshire
SO32 2PB
Email:
info@exteriorclocks.co.uk
Telephone
From within the UK:
01489 890126
International:
+44 1489 890126
Company
registration number:
07501584
VAT registration
number:
GB 105 806 435
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