Terms and Conditions of Use
PLEASE READ THE TERMS AND CONDITIONS OF
USE CAREFULLY BEFORE USING THIS SITE. We maintain this web
site as a service to our customers, and by using our site you
are agreeing to comply with and be bound by the following terms
of use. Please review the following terms and conditions carefully,
and check them periodically for changes. If you do not agree
to the terms and conditions, you should not review information
or obtain goods, services or products from this site.
PLEASE NOTE: YOU MUST BE 18 YEARS
OLD OR OLDER AND A U.K. RESIDENT IN ORDER TO PARTICIPATE
ON OUR SITE.
1. Acceptance of Agreement. You
agree to the terms and conditions outlined in this Terms and
Conditions of use Agreement ("Agreement") with respect
to our site (the "Site"). This Agreement constitutes
the entire and only agreement between us and you, and supersedes
all prior or contemporaneous agreements, representations, warranties
and understandings with respect to the Site, the content, products
or services provided by or through the Site, and the subject
matter of this Agreement. This Agreement may be amended by
us at any time and from time to time without specific notice
to you. The latest Agreement will be posted on the Site, and
you should review this Agreement prior to using the Site.
2. Copyright. The content,
organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are
protected under applicable copyrights, trademarks, registered
trademarks and other proprietary (including but not limited
to intellectual property) rights. The copying, redistribution,
use or publication by you of any such matters or any part of
the Site, except as allowed by Section 4, is strictly prohibited.
You do not acquire ownership rights to any content, document
or other materials viewed through the Site. The posting of
information or materials on the Site does not constitute a
waiver of any right in such information and materials.
3. Limited Right to Use. The
viewing, printing or downloading of any content, graphic, form
or document from the Site grants you only a limited, nonexclusive
license for use solely by you for your own personal use and
not for republication, distribution, assignment, sublicense,
sale, preparation of derivative works or other use. No part
of any content, form or document may be reproduced in any form
or incorporated into any information retrieval system, electronic
or mechanical, other than for your personal use (but not for
resale or redistribution).
4. Editing, Deleting and Modification. We
reserve the right in our sole discretion to edit or delete
any documents, information or other content appearing on the
Site, including this Agreement, without further notice to users
of the Site.
5. Indemnification. You
agree to indemnify, defend and hold us and our partners, attorneys,
staff and affiliates (collectively, "Affiliated Parties")
harmless from any liability, loss, claim and expense, including
reasonable attorney's fees, related to your violation of this
Agreement or use of the Site.
6.
Disclaimer. The information from or through the
site are provided "as-is," "as available," and
all warranties, express or implied, are disclaimed (including
but not limited to the disclaimer of any implied warranties
of merchantability and fitness for a particular purpose).
The information and services may contain bugs, errors, problems
or other limitations. We and our affiliated parties have
no liability whatsoever for your use of any information or
service. In particular, but not as a limitation, we and our
affiliated parties are not liable for any indirect, special,
incidental or consequential damages (including damages for
loss of business, loss of profits, litigation, or the like),
whether based on breach of contract, breach of warranty,
tort (including negligence), product liability or otherwise,
even if advised of the possibility of such damages. The negation
of damages set forth above are fundamental elements of the
basis of the bargain between us. This site and the information
would not be provided without such limitations. No advice
or information, whether oral or written, obtained by you
from us through the site shall create any warranty, representation
or guarantee not expressly stated in this agreement.
7. Limits. All responsibility
or liability for any damages caused by viruses contained within
the electronic file containing the form or document is disclaimed.
WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE
OF OR INABILITY TO USE OUR SITE. Our maximum liability to you
under all circumstances will be equal to the purchase price
you pay for any goods, services or information.
8. Use of Information. We
reserve the right, and you authorize us, to the use and assignment
of all information regarding Site uses by you and all information
provided by you in any manner consistent with our Privacy Policy.
9. Third-Party Services. We
allow access to or advertise third-party merchant sites ("Merchants")
from which you may purchase or otherwise obtain certain goods
or services. You understand that we do not operate or control
the products or services offered by Merchants. Merchants are
responsible for all aspects of order processing, fulfilment,
billing and customer service. We are not a party to the transactions
entered into between you and Merchants. YOU AGREE THAT USE
OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES
OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING
WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR
NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY
DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS
OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER
SITE LINKED TO OUR SITE.
10. Third-Party Merchant Policies. All
rules, policies (including privacy policies) and operating
procedures of Merchants will apply to you while on such sites.
We are not responsible for information provided by you to Merchants.
We and the Merchants are independent contractors and neither
party has authority to make any representations or commitments
on behalf of the other.
11. Privacy Policy. Our
Privacy Policy, as it may change from time to time, is a part
of this Agreement.
12. Payments. You represent
and warrant that if you are purchasing something from us or
from our Merchants that (i) any credit card information you
supply is true, correct and complete, (i) charges incurred
by you will be honoured by your credit card company, and (iii)
you will pay the charges incurred by you at the posted prices,
including any shipping fees and applicable taxes.
13. Securities Laws. This
Site may include statements concerning our operations, prospects,
strategies, financial condition, future economic performance
and demand for our products or services, as well as our intentions,
plans and objectives, that are forward-looking statements.
These statements are based upon a number of assumptions and
estimates which are subject to significant uncertainties, many
of which are beyond our control. When used on our Site, words
like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and
similar expressions are intended to identify forward-looking
statements designed to fall within securities law safe harbours
for forward-looking statements. The Site and the information
contained herein does not constitute an offer or a solicitation
of an offer for sale of any securities. None of the information
contained herein is intended to be, and shall not be deemed
to be, incorporated into any of our securities-related filings
or documents.
14. Links to Other Web Sites. The
Site contains links to other Web sites. We are not responsible
for the content, accuracy or opinions express in such Web sites,
and such Web sites are not investigated, monitored or checked
for accuracy or completeness by us. Inclusion of any linked
Web site on our Site does not imply approval or endorsement
of the linked Web site by us. If you decide to leave our Site
and access these third-party sites, you do so at your own risk.
15. Submissions. All
suggestions, ideas, notes, concepts and other information you
may from time to time send to us (collectively, "Submissions")
shall be deemed and shall remain our sole property and shall
not be subject to any obligation of confidence on our part.
Without limiting the foregoing, we shall be deemed to own all
known and hereafter existing rights of every kind and nature
regarding the Submissions and shall be entitled to unrestricted
use of the Submissions for any purpose, without compensation
to the provider of the Submissions.
16. Returns Policy. The
Purchaser has statutory rights to cancel there order an receive
a full refund in relation to any mail order purchases except
in the case of special orders. Cancellation will be accepted
by the Company upon receipt of the original or copy invoice
with reasons for return along with the goods in the original
packaging and in as new re-saleable condition within five days
of the purchasers receipt of the said goods and please include
sender’s name, address and phone number. Please notify
us before returning goods by e-mail to returns@chriswarburton.co.uk;
failure to do so could see packages refused delivery and returned
to mailer. Please e-mail returns@chriswarburton.co.uk for address
information to return all parcels to. It is recommended that
goods are returned by recorded / insured delivery as we cannot
accept responsibility for undelivered / damaged returned goods.
It shall be the Purchasers sole responsibility
and risk to return the goods to the Company and all goods that
are so returned shall be at the Purchasers risk and expense
until physical receipt of the goods at the Company’s
premises and acknowledgement of the same in writing by a duly
authorised officer or employee of the Company. Post and packaging
costs will be refunded (unless goods are proven fit for purpose).
All deliveries of returned goods must take place in working
hours and receipt acknowledged in writing on behalf of the
Company.
The Company accepts no liability whatsoever
for any goods returned to it under any other circumstances
or not in compliance with this clause or its terms and conditions
generally and the Purchaser shall immediately indemnify the
Company in respect of any storage, carriage or other charges
paid or incurred by the Company in connection with the wrongful
return of such goods or returned in breach of these terms and
Conditions.
The Company shall be under no obligation
to accept the return of any goods that are damaged by or are
used by the Purchaser prior to their return. No electrical
goods may be returned if they have been removed from their
original packaging and/or tested or installed. The Company
accepts no responsible for any labour charges incurred during
fitment or removal of allegedly faulty (or incorrectly supplied)
parts. The Company regrets that goods supplied as per order
cannot be returned unless faulty / damaged.
In relation to any special orders, the
Company shall be entitled to a full indemnity for cost losses
and expenses incurred as a result of the Purchaser cancelling
any special order that the Company has accepted. Special orders
may not be cancelled by the Purchaser without the Company’s
prior written consent and the Company reserves the right to
charge a cancellation fee as a condition thereof. For the avoidance
of doubt the Company shall be under no obligation to accept
the return of any special orders. Any special order goods may
not be returned after dispatch by the Company to the Purchaser
without prior written consent by the Company and in the event
of the Company giving such consent subject to the good having
not depreciated, been damaged or used, the Company reserves
the right of as a condition of such consent to charge a restocking
fee equivalent to 20% of the price of the goods.
17. Venue; Applicable Law. YOU
AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY
OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES
OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED
UNDER ENGLISH LAW. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING
IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING.
18. This site is created
and controlled by ChrisWarburton.co.uk in the UK. As such,
the laws of the UK will govern the terms and conditions contained
in this Agreement and elsewhere throughout the Site, without
giving effect to any principles of conflicts of laws.
19. INCLUSIVE DELIVERY. PLEASE
NOTE THAT ADVERTISED PRICES INCLUDE DELIVERY FOR MAINLAND UK
AND NORTHERN IRELAND ONLY; DELIVERY COSTS TO ANY OTHER LOCATION
MUST BE CONFIRMED BY US PRIOR TO ORDERING.