Customer Information - Terms and Conditions
Terms of Sale
These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, www.vintagesofawarehouse.co.uk (“Our Site”) or in store at The old Curio, Front street Sherburn Hill Co Durham DH6 1PA. Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site. These Terms of Sale are provided in the English language only.
Please consider before placing an order:
- Access for delivery to you – are the doors wide enough, are there any awkward stairs, lifts or passageways? If so we may not be able to place your furniture inside or within the intended place.
- Please note that if you are buying any extra items such as a footstool or a coffee table etc. in the future, there may be slight colour shade differences. It is advisable to order any matching items at the same time.
1. Information About Us
1.1. Our Site, www.vintagesofawarehouse.co.uk, is owned and operated by Us. 1.2. Our VAT number is 350 367 804
2. Access to and Use of Our Site
2.1. Access to Our Site is free of charge.
2.2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
2.3. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3. Age Restrictions
3.1. Consumers may only purchase Goods through Our Site if they are at least 18 years of age.
4. Business Customers
4.1. These Terms of Sale apply to customers purchasing Goods in the course of business as well as to individual consumers. However if you are purchasing in the course of your business some of the provisions protecting consumers will not apply to you – please see further below.
5. Delivery and International Customers
5.1. Please note that We only deliver within the United Kingdom as detailed in clause 7 below. If you are purchasing from outside our delivery areas you will need to arrange your own delivery.
5.2. In any case you do not need to choose for Us to deliver your Goods to you and you may arrange your own delivery as provided in Clause 7 below.
6. Goods, Pricing and Availability
6.1. We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
6.1.1. Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
6.1.2. Images and/or descriptions of packaging are for illustrative purposes only, the actual Goods may vary, including as detailed below.
6.1.3. Due to the nature of the Goods sold through Our Site, there may be up to a 5% variance in the size, (final dimensions, and measurements, of those Goods between the actual Goods and the description.
6.1.4. Where wood and / or other natural products are used there may be variance in exact grain / match and there may be natural movement.
6.1.5. You are advised to follow any care and usage instructions including as may be issued by the manufacturer and provided on delivery of your Goods.
6.1.6. Items not included in the description of Our Goods on our Site (and items not detailed in the Order) will not be included. For example extra cushions will not normally be included unless mentioned in the description on Our Site. If complimentary cushions are included, they may be in a slightly different design.
6.2. Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 11 if you receive incorrect Goods (i.e. Goods that are not as described).
6.3. Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or safety issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods.
6.4. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 6.7 regarding VAT, however).
6.5. All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within [14 days], We will treat your Order as cancelled and notify you of this in writing.
6.6. In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
6.7. All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
7.1. Delivery Charges are not included in the price of Goods displayed on Our Site.
7.2. We only offer delivery within the mainland of the United Kingdom and excluding Northern Ireland, Republic of Ireland and the Scottish Highlands.
7.3. All customers need to arrange their own collection unless You have chosen for us to deliver your Goods. Please see clause 8 below for more information about collections.
7.4. Where delivery will be made by Us; We will, prior to delivery, phone you to arrange a delivery date and confirm your delivery address. PLEASE NOTE, we will not attempt delivery until you have confirmed the delivery address and date with us. Our normal delivery days are Tuesday - Saturday but we reserve the right to amend these days at any time.
8. Orders – How Contracts Are Formed
8.1. Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
8.2. If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
8.3. No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you an Order Confirmation by email Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
8.4. Order Confirmations of Orders from Our Site shall contain the following information:
8.5.Your Order Number;
8.5.1. Confirmation of the Goods ordered including details of the main characteristics of those Goods; and
8.5.2. Itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges.
8.6. In the unlikely event that We do not accept or cannot fulfil your Order from Our Site for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.
8.7. Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods unless you specifically request that We make a refund using a different method.
9.1. Payment for Goods and related delivery charges (if applicable) must always be made in advance at the time of your Order (unless we have agreed with You in writing a different payment arrangement) and you will be prompted to pay during the order process.
9.2. We accept the following methods of payment on Our Site:
9.2.1. debit or credit cards, Visa, MasterCard, Electron or Maestro. Payments can be also be made electronically by bank transfer; please note the use of a credit card is subject to a 3% of the total transaction fee / per transaction made.
10. Delivery, Collection Risk and Ownership
10.1. All Goods purchased through Our Site will normally be available within 10-12 weeks after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 14).
10.2. Where You will be collecting your Goods or arranging Your own delivery; you will need to collect your Goods within 60 days of Us notifying You via email that the Goods are ready for collection.
10.3. Where you have opted for Us to deliver your Goods; if for any reason we are unable to deliver the Goods to your chosen delivery address, we will leave a note informing you that the Goods have been returned to our premises with instructions for arranging re-delivery. If you do not collect the Goods or arrange for re-delivery, we will contact you to ask for further instructions. We may charge you for storage costs and for re-delivery. If we cannot contact you despite our reasonable efforts, or we cannot arrange re-delivery or collection, we may end the Contract and issue you with a refund but may deduct a reasonable sum in compensation for any net costs incurred by us as a result.
10.4. If you do not wish to cancel under sub-Clause 10.3a or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
10.5. Delivery shall be deemed complete and the responsibility for the Goods will pass to you once:
10.5.1. Where we have agreed to deliver the Goods to You; once we have delivered the Goods to the address including, where relevant, any alternative address you have provided; and
10.5.2. Where You will be collecting the Goods or arranging your own delivery; once the Goods are collected form Us or, if earlier, after 60 days following our notification to you in writing that the Goods are ready for collection.
10.6. Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges) and once manufacture of the Goods has been completed and the Goods are in our possession ready for collection or delivery.
11. Faulty, Damaged or Incorrect Goods
11.1. We (by UK law) must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us by one of the methods detailed in Clause 16 below as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement. Your available remedies will be as follows:
11.1.1. Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above.
11.1.2. If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a repair of the Goods or a replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
11.1.3. If, after a repair or replacement, the Goods still do not conform (or if We cannot repair or replace them, as described above, or have failed to act within a reasonable time or without significant inconvenience to you), you may ask Us to attempt the repair or replacement again (you do not have to give Us multiple opportunities to do so if you do not want to), or you have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
11.1.4. If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.
11.1.5. Within a period of six month after you have received the Goods (and ownership of them), if the Goods do not last a reasonable length of time, you may be entitled to a partial refund. Please be aware that after six months have passed since you received the Goods, the burden of proof will be on you to prove that the defect or non-conformity existed at the time of delivery.
11.2. Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 11 merely because you have changed your mind. If you are a consumer, you have a legal right to a 14 calendar day cooling-off period within which you can return Goods for this reason. Please refer to Clause 12 for more details.
11.3. To return Goods to Us for any reason under this Clause 11, contact Us at firstname.lastname@example.org (and provide the return form) to arrange for a collection and return. We will be fully responsible for the costs of returning Goods under this Clause 11 and will reimburse you where appropriate.
11.4. Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
11.5. Any and all refunds issued under this Clause 11 will include all delivery costs paid by you when the Goods were originally purchased.
11.6. Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Goods unless you specifically request that We make a refund using a different method.
11.7. For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
12. Cancelling and Returning Goods if You Change Your Mind
This clause 12 only applies if you are a consumer and does not apply if you are a business customer purchasing from us in the course of your business.
12.1. If you are a consumer, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins 14 calendar days from the day on which the goods come into the physical possession of the customer (or a person identified by the customer to take possession of them);
12.2. You may also cancel for any reason before We send the Order Confirmation.
12.3. If you wish to exercise your right to cancel under this Clause 12, you must inform Us of your decision within the cooling-off period. You may do so in any way you wish, however for your convenience We offer a cancellation form on Our Site (vintagesofawarehouse.co.uk). Cancellation by email or by post is effective from the date on which you send Us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted. If you would prefer to contact Us directly to cancel, please use the following details:
12.3.1. Telephone: 07904253699 or 07930862870
12.3.2. Email: email@example.com;
12.3.3. Post: Vintage Sofa Warehouse Limited, The Old Curio, Front Street, Sherburn Hill county Durham,DH6 1PA
In each case, providing Us with your name, address, email address, telephone number, and Order Number.
12.4. Please note that you may lose your legal right to cancel under this Clause 12 in the following circumstances:
12.4.1. If the Goods have been personalised or custom-made for you to such an extent that they are deemed to be “bespoke” to a degree that we would not reasonable be able to re-sell them to other customers;
12.5. Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 12.
12.6. You may request that We collect the Goods from you. Please ensure that the Goods are ready for collection at the agreed time and location.
12.7. You may return Goods to Us in person during Our business hours of 9am to 5pm or you may return them by suitable delivery service of your choice to Our returns address (our main trading address as stated above). Please complete a returns form and email this to Us when you notify Us that you will be returning the Goods. Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause 12. We will also charge you the direct cost to Us of collection if you request that We collect the Goods from you.
12.8. Refunds under this Clause 12 will be issued to you within 14 calendar days of the following:
12.8.1. The day on which We receive the Goods back; or
12.8.2. The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 12.9.1); or
12.8.3. If We are collecting the Goods under sub-Clause 12.7, the day on which you inform Us that you wish to cancel the Contract; or
12.8.4. If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
12.9. Refunds under this Clause 12 may be subject to deductions in the following circumstances:
12.9.1. Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Goods have been handled excessively.
12.9.2. Standard delivery charges will be reimbursed in full as part of your refund. Please note, however, that We cannot reimburse for premium delivery. We will only reimburse the equivalent standard delivery costs when issuing refunds under this Clause 12.
12.10. Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Goods unless you specifically request that We make a refund using a different method.
13. Our Liability to Consumers
13.1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
13.2. We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
13.3. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
13.4. Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
14. Events Outside of Our Control
14.1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.
14.2. If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
14.2.1. We will inform you as soon as is reasonably possible;
14.2.2. We will take all reasonable steps to minimise the delay;
14.3. To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
14.4. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
14.5. If the event outside of Our control continues for more than 90 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 30 days of the date on which the Contract is cancelled;
14.6. If an event outside of Our control occurs and continues for more than 60 days and you wish to cancel the Contract as a result, you may do so in any way you wish, however for your convenience We offer a cancellation form on Our Site (www.vintagesofawarehouse.co.uk). If you would prefer to contact Us directly to cancel, please use one of the methods set out in Clause 16 below;
In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled.
15. Communication and Contact Details
15.1. If you wish to contact Us with general questions or complaints or other matters relating to the goods or Your Order, you may contact Us as detailed in Clause 16 below.
15.2. For matters relating to cancellations, please contact Us by one of the methods detailed in Clause 16 below.
16. Complaints and Feedback
16.1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
16.2. All complaints are handled in accordance with Our complaints handling policy and procedure, available from Us on our website or by email request.
16.3. If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
16.3.1. In writing, addressed to Vintage Sofa Warehouse, The Old Curio, Front street Sherburn Hill DH6 1PA
16.3.2. By email, addressed to Us at firstname.lastname@example.org;
16.3.3. By contacting Us by telephone on 07904253699 or 07930862870
17. How We Use Your Personal Information (Data Protection)
17.1. All personal data that We may collect about you and use will be collected, held, and processed in accordance with UK data protection law (including, but not limited to, the GDPR (and any successor legislation which applies following the UK’s departure from the European Union), the Data Protection Act 2018, and the Privacy and Electronic Communications (EC Directive) Regulations 2003).
18. Other Important Terms
18.1. We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
18.2. You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
18.3. The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale. This is subject to the right of a third party obtaining the Goods from You whilst our Guarantee is still in force, in which case that person will have the benefit of the Guarantee.
18.4. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
18.5. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
18.6. We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 30 days of your cancellation.
19. Our Product (Manufacturing Guarantee)
19.1. Without prejudice to the provisions of Clauses 11 and 13 above, all Our Goods come with a 1 year manufacturer’s guarantee, unless otherwise stated. The guarantee starts from the date of delivery and offers cover against manufacturing defects on the structure of the frame and frame springs or any defects which may arise, under normal use, through faulty factory workmanship, including sofa bed and recliner mechanisms.
20. Law and Jurisdiction
20.1. These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.
20.2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 20.1 above takes away or reduces your rights as a consumer to rely on those provisions.
20.3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms of Sale, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
If you are a business, any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the non- exclusive jurisdiction of the courts of England & Wales.
1. Definitions and Interpretation
means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
means a user of Our Site;
means any content submitted to Our Site by Users including, but not limited to, product reviews, comments etc; and
means VINTAGE SOFA CO LIMITED, a company registered in England under 10323477, whose registered address (and main trading address) is Jowler Mill Jowler, Luddendenfoot, Halifax, West Yorkshire, United Kingdom, HX2 6TB.
2. Information About Us
2.1. Our Site, vintagesofa.co.uk, is owned and operated by Us.
3. Access to Our Site
3.1. Access to Our Site is free of charge.
3.2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Purchasing Terms
4.1. You may not purchase from Our Site if you are under 18 years of age.
4.2. When you place an Order with us for Goods you want to purchase, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that we are informed.
4.3. Any personal information provided by you to Us when you order Goods from Us will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 17.
5. Intellectual Property Rights
5.1. With the exception of User Content (see Clause 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
5.2. Subject to sub-Clauses 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
5.3. You may:
- 5.3.1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
- 5.3.2. Download Our Site (or any part of it) for caching;
- 5.3.3. Print one copy of any page(s) from Our Site;
- 5.3.4. Download extracts from pages on Our Site; and
- 5.3.5. Save pages from Our Site for later and/or offline viewing.
5.4. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
5.5. You may not use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
6. User Content
6.1. User Content on Our Site includes (but is not necessarily limited to) product reviews, comments etc.
6.2. You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 12.
6.3. You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.2. You will be responsible for any loss or damage suffered by Us as a result of such breach.
6.4. You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.
6.5. If you wish to remove User Content from Our Site, the User Content in question will be deleted. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
6.6. We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
7. Links to Our Site
7.1. You may link to Our Site provided that:
- 7.1.1. you do so in a fair and legal manner;
- 7.1.2. you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
- 7.1.3. you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
- 7.1.4. you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
7.2. You may not link to Our Site from any other site the main content of which contains material that:
- 7.2.1. is sexually explicit;
- 7.2.2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
- 7.2.3. promotes violence;
- 7.2.4. promotes or assists in any form of unlawful activity;
- 7.2.5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
- 7.2.6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
- 7.2.7. is calculated or is otherwise likely to deceive another person;
- 7.2.8. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
- 7.2.9. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.2);
- 7.2.10. implies any form of affiliation with Us where none exists;
- 7.2.11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
- 7.2.12. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
7.3. The content restrictions in sub-Clause 7.2 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 7.2. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
8. Links to Other Sites
8.1 Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
9.1. Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only.
9.2. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
9.3. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning goods for sale through Our Site. Please refer to Our Terms of Sale for more information.
9.4. We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.
10. Our Liability
10.1. The provisions of this Clause 10 apply only to the use of Our Site and not to the sale of goods, which is governed separately by Our Terms of Sale.
10.2. To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.
10.3. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
10.4. If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
10.5. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. However, subject to sub-Clause 10.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
10.6. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
11. Viruses, Malware and Security
11.1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
11.2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
11.3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
11.4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
11.5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
11.6. By breaching the provisions of sub-Clauses 11.3 to 11.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
12. Acceptable Usage Policy
12.1. You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 12. Specifically:
- 12.1.1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
- 12.1.2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
- 12.1.3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
- 12.1.4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
12.2. When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:
- 12.2.1. is sexually explicit;
- 12.2.2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
- 12.2.3. promotes violence;
- 12.2.4. promotes or assists in any form of unlawful activity;
- 12.2.5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
- 12.2.6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
- 12.2.7. is calculated or is otherwise likely to deceive;
- 12.2.8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
- 12.2.9. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 12.2);
- 12.2.10. implies any form of affiliation with Us where none exists;
- 12.2.11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
- 12.2.12. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
- 12.3.1. suspend, whether temporarily or permanently, your right to access Our Site;
- 12.3.2. remove any User Content submitted by you that violates this Acceptable Usage Policy;
- 12.3.3. issue you with a written warning;
- 12.3.4. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
- 12.3.5. take further legal action against you as appropriate;
- 12.3.6. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
- 12.3.7. any other actions which We deem reasonably appropriate (and lawful).
13. Privacy and Cookies
15. Contacting Us
15.1. To contact Us, please email Us at email@example.com or using any of the methods provided on Our contact page.
16. Communications from Us
16.2. We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to 7 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
16.3. For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at firstname.lastname@example.org or at our contact page.
17. Data Protection
17.1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
18. Law and Jurisdiction
18.2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.