| |
|
| 1 DEFINITIONS |
| 1.1 "Buyer" means the individual
or organisation who buys or agrees to buy the Services from
the Supplier;
1.2 "Consumer" shall have the meaning ascribed in
section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Supplier
and the Buyer for the provision of Services incorporating these
Terms and Conditions;
1.4 "Services" means the services that the Buyer
agrees to buy from the Supplier;
1.5 "Supplier" means All About W8 Limited of
8/9 Solway Court,Off Electra Way,Crewe Business Park,Crewe,CW1 6LD that owns and operates
www.allaboutw8.co.uk
1.6 "Terms and Conditions" means the terms and conditions
for the provision of Services set out in this agreement and
any special terms and conditions agreed in writing by the Supplier;
1.7 "Website" means www.allaboutw8.co.uk
|
| 2 CONDITIONS |
| 2.1 Nothing in these Terms and Conditions
shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts
for the provision of Services by the Supplier to the Buyer and
shall prevail over any other documentation or communication
from the Buyer.
2.3 Any variation to these Terms and Conditions (including
any special terms and conditions agreed between the parties)
shall be inapplicable unless agreed in writing by the Supplier.
2.4 Any complaints should be addressed to the Supplier's address
stated in clause 1.5.
2.5 Any special conditions applying to the provision of the
Services are set out in the Schedule to this agreement. |
| 3 ORDERING |
| 3.1 All orders for Services shall be
deemed to be an offer by the Buyer to purchase Services pursuant
to these Terms and Conditions and are subject to acceptance
by the Supplier. The Supplier may choose not to accept an order
for any reason.
3.2 When making an order through the Website, the technical
steps the Buyer needs to take to complete the order process
are described in the order process section of the website. |
| 4 PRICE AND PAYMENT |
| 4.1 The price of the Services shall be
that stipulated on the Website. The price is currently zero
rated.
4.2 The total purchase price, including VAT, if any, will be
displayed in the Buyer’s shopping cart prior to confirming
the order.
4.3 After the order is received the Supplier shall confirm
by email the details, description and price for the Services
together with information on the right to cancel if the Buyer
is a Consumer
4.4 Payment of the price plus VAT, if applicable, must be made
zero rated. Payment must be made without deduction or set-off.
4.5 Where applicable, if any payment is not paid on time or
any payment is rejected or refused, the amount owing will be
treated as overdue and the Supplier will be entitled immediately
to cease or suspend the provision of the relevant Service until
payment has been received.
|
| 5 PERFORMANCE |
| 5.1 The Supplier shall begin to perform
the Services of despatching goods within 48 hours
5.2 The Supplier shall perform the Services with reasonable
skill and care. However, where applicable, the Supplier does
not guarantee that the Services will be uninterrupted, secure
or error-free or that any data generated, stored, transmitted
or used via or in connection with the Services will be complete,
accurate, secure, up to date, received or delivered correctly
or at all. The Supplier may have to suspend the Services for
repair, maintenance or improvement. If so, the Supplier will
restore them as quickly as is reasonably possible. |
| 6 RIGHTS OF SUPPLIER |
| 6.1 The Supplier reserves the right to
periodically update prices on the Website, which cannot be guaranteed
for any period of time. The Supplier shall make every effort
to ensure prices are correct at the point at which the Buyer
places an order.
6.2 The Supplier reserves the right to withdraw the Services
from the Website at any time.
6.3 The Supplier shall not be liable to anyone for withdrawing
the Services from the Website or for refusing to process an
order. |
| 7 AGE OF CONSENT |
| 7.1 Where the Services may only be purchased
by persons of a certain age the Buyer will be asked when placing
an order to declare that they are of the appropriate legal age
to purchase the Services.
7.2 If the Supplier discovers that the Buyer is not legally
entitled to order certain Services, the Supplier shall be entitled
to cancel the order immediately, without notice.
|
| 8 CANCELLATION |
| The Buyer has the right to cancel the Contract,
by notice in writing, at any time before seven working days has
passed from the day after the Contract was made. If, however,
the Supplier starts to perform its side of the Contract with the
agreement of the Buyer before the Buyer exercises this right to
cancel, the right to cancel is lost. |
| Orders may be returned and will be refunded provided that a) the whole order
is returned with 14 days of the date of dispatch and b) all items are
unaltered / undamaged and fit for re-sale. The costs of delivery and return of the order are not refunded. |
| 9 GIFT VOUCHERS
- not applicable |
| 10 LIMITATION OF LIABILITY |
10.1 Except as may be implied by law where
the Buyer is dealing as a Consumer, in the event of any breach
of these Terms and Conditions by the Supplier the remedies of
the Buyer shall be limited to damages which shall in no circumstances
exceed the price of the Services and the Supplier shall under
no circumstances be liable for any indirect, incidental or consequential
loss or damage whatever.
10.2 Nothing in these Terms and Conditions shall exclude or
limit the liability of the Supplier for death or personal injury
resulting from the negligence of the Supplier or that of the
Supplier’s agents or employees. |
| 11 WAIVER |
| No waiver by the Supplier (whether express
or implied) in enforcing any of its rights under this agreement
shall prejudice its rights to do so in the future.
|
| 12 FORCE MAJEURE |
The Supplier shall not be liable for any
delay or failure to perform any of its obligations if the delay
or failure results from events or circumstances outside its
reasonable control, including but not limited to acts of God,
strikes, lock outs, accidents, war, fire or failure of any communications,
telecommunications or computer system, and the Supplier shall
be entitled to a reasonable extension of its obligations.
|
| 13 SEVERANCE |
| If any term or provision of these Terms and
Conditions is held invalid, illegal or unenforceable for any reason
by any court of competent jurisdiction such provision shall be
severed and the remainder of the provisions hereof shall continue
in full force and effect as if these Terms and Conditions had
been agreed with the invalid illegal or unenforceable provision
eliminated. |
| 14 CHANGES TO TERMS AND CONDITIONS |
| 14.1 The Supplier shall be entitled to
alter these Terms and Conditions at any time but this right
shall not affect the existing Terms and Conditions accepted
by the Buyer upon making a purchase.
14.2 Any renewal of the Services will be subject to the Supplier's
then current Terms and Conditions. |
| 15 GOVERNING LAW AND JURISDICTION |
| These Terms and Conditions shall be governed
by and construed in accordance with the law of England and the
parties hereby submit to the exclusive jurisdiction of the English
courts. |