|
WEBSITE TERMS AND CONDITIONS
|
WELCOME TO THE BOATIQUE UK WEBSITE TERMS AND CONDITIONS FOR USE. THESE TERMS AND
CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT
www.boatiqueuk.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.
|
|
The www.boatiqueuk.co.uk website is operated by: |
|
Claire Eccleshall trading as Boatique UK. |
|
We are not registered for VAT. |
Our contact details are as follows:
|
Trading address:
|
17 Chepstow Avenue,
Worcester,
Worcestershire,
United Kingdom,
WR4 0EF
|
|
Company Number: |
6687280 |
|
General email: |
info@boatiqueuk.co.uk |
|
Telephone number: |
01905457971 |
|
|
|
ORDERING FROM US
 |
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.
|
 |
Our acceptance of an order takes place when we despatch the order. We will send
you a despatch confirmation by email. 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. |
 |
We may refuse to accept an order: |
|
|
 |
Where goods are not available. |
 |
Where we cannot obtain authorisation for your payment. |
 |
If there has been a pricing or product description error or |
 |
If you do not meet any eligibility criteria set out in our terms and conditions. |
|
PRICING
 |
Our prices do not include VAT as we are not registered for VAT.
|
 |
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. |
 |
Our prices are reviewed periodically and the next review will be on 02/01/2009. |
CANCELLATION AND RETURNS POLICY
 |
If you wish to cancel your order.
 |
You can notify us by email to claire@boatiqueuk.co.uk before we have dispatched
the goods to you; or |
 |
Where goods have already been dispatched to you, by returning goods to us in accordance
with clause 4.2 below. |
|
 |
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. |
 |
Upon receipt of the goods we will give you a full refund of the amount paid or an
exchange credit as required. |
 |
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 or damaged and 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.
|
LICENCE
 |
You are permitted to print and download extracts from this Website for your own
use on the following basis:
 |
No documents or related graphics on this Website are modified in any way |
 |
No graphics on this Website are used separately from accompanying text; and |
 |
Any of our copyright and trade mark notices and this permission notice appear in
all copies. |
|
 |
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. |
 |
Our prices are reviewed periodically and the next review will be on 02/01/2009. |
 |
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. |
 |
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.
|
 |
Any rights not expressly granted in these terms are reserved.
|
SERVICE ACCESS
 |
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 may be suspended temporarily and without notice in the case
of system failure, maintenance or repair or for reasons beyond our control.
|
VISITOR MATERIAL AND CONDUCT
 |
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.
|
 |
You are prohibited from posting or transmitting to or from this Website any material:
 |
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;
|
 |
For which you have not obtained all necessary licences and/or approvals;
|
 |
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 |
 |
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). |
|
 |
You may not misuse the Website (including, without limitation, by hacking).
|
 |
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. |
LINKS TO AND FROM OTHER WEBSITES
 |
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.
|
 |
You may not create any links to this Website.
|
 |
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.
|
REGISTRATION
 |
To register with www.boatiqueuk.co.uk you must be over eighteen years of age.
|
 |
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.
|
 |
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.
|
 |
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.
|
DISCLAIMER
 |
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.
|
 |
The material on this Website is provided “as is” 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.
|
LIABILITY
 |
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.
|
 |
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.
|
 |
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.
|
 |
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. |
GOVERNING LAW AND JURISDICTION
 |
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.
|
 |
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.
|
MISCELLANEOUS
 |
You may not assign, sub-license or otherwise transfer any of your rights under these
terms and conditions
|
 |
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.
|
 |
Only the parties to these terms and conditions may seek to enforce them under the
Contracts (Rights of Third Parties) Act 1999. |
|
|
Prepared by Lawyers Direct www.lawyers-direct.biz in association with
e-terms.co.uk
|
|