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Terms and Conditions
These terms and conditions
regulate the business relationship between you and us. By using our web site in
any way, or by buying from us, you agree to be bound by them.
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We are: |
The
Green Gift and Hamper Company |
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Our business address is: |
121
London, Knebworth, Hertfordshire, SG3 6AS |
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You are: |
a visitor to our web site/our customer |
1.
Definitions
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In this Agreement: |
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"Carrier" |
means any person or
business contracted by us to carry goods from us to you, whether all or
part of the distance. |
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"Our Web Site" |
means the entire
computing hardware and software installation that is or supports Our Web
Site. |
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"Goods and Services" |
means any of the goods
and services we offer for sale on our web site |
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"Content" |
means information in any
form published on Our Web Site by us or any third party with our
consent. |
2. Our
contract with you
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2.1 |
These terms and conditions apply: |
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2.1.1 |
so far as the
context allows, to you as a visitor to Our Web Site; and |
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2.1.2 |
in any event to
you as a buyer or prospective buyer of our Goods. |
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2.2 |
Goods advertised may not be available. |
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2.3 |
We shall accept your order by e-mail
confirmation or telephone call. Our message will also confirm
details of your purchase and tell you when we shall despatch your order.
That is when our contract is made. It is possible that the price may
have increased from that posted on our web site. |
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2.4 |
We may change these terms from time to time.
The terms that apply to you are those posted here on Our Web Site on the
day you order Goods and Services. |
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2.5 |
All descriptions, weights and sizes of Goods
are those of the original manufacturers and you may not rely on their
accuracy. Accordingly, any such description shall not form part of this
Agreement. |
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2.6 |
If we do not have the Goods you order in
stock, we will offer you alternatives before we despatch your order. If
this happens you may: |
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2.6.1 |
accept the
alternatives we offer; |
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2.6.2 |
cancel your
order; |
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2.6.3 |
leave the order
valid, but tell us to omit the out-of-stock item. |
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2.7 |
If we owe you money (for this or any other
reason), we will credit your credit or debit card as soon as reasonably
practicable but in any event no later than 30 days from the date of your
order. |
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2.8 |
Goods are at your risk from the moment they
are picked up by the Carrier from our premises. |
3. Price
and Payment
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3.1 |
You must pay us the full price of your order
before we will send any part of it. |
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3.2 |
Banking charges by the receiving bank on
payments to us will be borne by us. All other charges relating to
payment in a currency other than pounds Sterling will be borne by you. |
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3.3 |
Any details given by us in relation to
exchange rates are approximate only and may vary from time to time. |
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3.4 |
You will pay all sums due to us under these
terms by the means specified without any set-off, deduction or
counterclaim. |
4.
Information you give us
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4.1 |
You agree that you have provided, and will
continue to provide accurate, up to date, and complete information about
yourself. We need this information to provide you with the Goods and
Services. |
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4.2 |
We will use our reasonable endeavours to
respond to any point of dissatisfaction by you, provided you contact us
within three months of purchase. |
5.
Delivery
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5.1 |
Deliveries will be made by the Carrier to the
address stipulated in your order. You must ensure that someone is
present to accept delivery. |
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5.2 |
If we are not able to deliver your goods
within 30 days of the date of your order, we shall notify you by e-mail
or telephone to arrange another date for delivery. |
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5.3 |
We may deliver the goods in instalments if
the goods are not available at the same time for delivery. |
6. Taxes,
duties and import restrictions
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6.1 |
We have no knowledge of, and no
responsibility for, the laws in your country of residence. |
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6.2 |
You are responsible for purchasing Goods
which you are lawfully able to import and for the payment of import
duties and taxes of any kind levied in your country of residence. |
7. Goods
returned
Because you are buying the
Goods by mail order, you may have a right of cancellation. If you do, (and only
if you do), these are the terms which apply:
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7.1 |
You must tell us you wish to cancel within 7
days of your receipt of the Goods; |
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7.2 |
In any event, you may not cancel orders for
specially commissioned or personalised goods; |
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7.3 |
The Goods must be returned to us within 21
days of your telling us you wish to cancel: |
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7.3.1 |
with both goods
and all packaging in their original condition; |
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7.3.2 |
securely
wrapped; |
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7.3.3 |
including our
delivery slip; |
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7.3.4 |
at your risk and
cost. |
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7.4 |
After we have received the Goods, we will
credit your credit or debit card with the full purchase price of the
goods returned no later than 30 days from the date of receipt; |
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7.5 |
If you do not return the Goods to us, you are
still liable to us for the cost. |
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7.6 |
We are under no obligation to collect or
recover Goods from you, but if we do, our costs will be payable by you. |
8.
Disclaimers
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8.1 |
We or our Content suppliers may make
improvements or changes to Our Web Site, the Content, or to any of the
Goods and Services, at any time and without advance notice. |
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8.2 |
You are advised that Content may include
technical inaccuracies or typographical errors. |
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8.3 |
We give no warranty and make no
representation, express or implied, as to: |
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8.3.1 |
the adequacy or
appropriateness of the Goods and Services for your purpose. |
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8.3.2 |
the truth of any
information given on Our Web Site; |
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8.3.3 |
any implied
warranty or condition as to merchantability or fitness of the
Goods and Services for a particular purpose; |
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8.3.4 |
compatibility of
Our Web Site with your equipment software or telecommunications
connection. |
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8.3.5 |
compliance with
any law; |
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8.3.6 |
non-infringement
of any right. |
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8.4 |
Our Web Site contains links to other Internet
web sites. We have neither power nor control over any such web site. You
acknowledge and agree that we shall not be liable in any way for the
Content of any such linked web site, nor for any loss or damage arising
from your use of any such web site. |
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8.5 |
We are not liable in any circumstances for
special, indirect or consequential loss or any damages whatsoever
resulting from loss of use, loss of data or loss of revenues or profits,
whether in an action of contract, negligence or otherwise, arising out
of or in connection with your use of Our Web Site or the purchase of
Goods. |
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8.6 |
In any claim against us our liability is
limited to the value of the goods you have purchased in the contract
which is the subject of the dispute. |
9. Content
and Intellectual Property Rights
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9.1 |
Title, ownership rights, and intellectual
property rights in the Content whether provided by us or by any other
Content provider shall remain the sole property of us and/or the other
Content provider. We will strongly protect its rights in all countries. |
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9.2 |
You may not copy, modify, publish, transmit,
transfer or sell, reproduce, create derivative works from, distribute,
perform, display, or in any way exploit any of the Content, in whole or
in part, except as is expressly permitted in this agreement. |
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9.3 |
You may download or copy the Content only for
your own personal use, provided that you maintain all copyright and
other notices contained in such Content. You may not store
electronically any significant portion of any Content. |
10. System
Security
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10.1 |
You agree that you will not, and will not
allow any other person to, violate or attempt to violate any aspect of
the security of the Installation; |
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10.2 |
you agree that you will in no way modify,
reverse engineer, disassemble, decompile, copy, or cause damage or
unintended effect to any portion of Our Web Site, or any software used
on Our Web Site, and that you will not permit any other person to do so. |
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10.3 |
You understand that any such violation is
unlawful in many jurisdictions and that any contravention of law may
result in criminal prosecution. |
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10.4 |
Examples of violations are: |
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10.4.1 |
accessing data
unlawfully or without consent; |
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10.4.2 |
attempting to
probe, scan or test the vulnerability of a system or network or
to breach security or authentication measures; |
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10.4.3 |
attempting to
interfere with service to any user, host or network, including,
without limitation, via means of overloading, "flooding", "mail
bombing" or "crashing"; |
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10.4.4 |
forging any
TCP/IP packet header or any part of the header information in
any e-mail or newsgroup posting; |
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10.4.5 |
taking any
action in order to obtain services to which you are not
entitled. |
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10.5 |
You agree to indemnify us against any claim
or demand, including reasonable lawyers’ fees, made by any third party
due to or arising out of: |
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10.5.1 |
any violation of
system security as set out above; |
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10.5.2 |
your use of Our
Web Site; |
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10.5.3 |
any other breach
or violation of this agreement by you; |
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10.5.4 |
the infringement
by you, or by any other user of the services using your
computer, of any intellectual property or other right of any
person or entity, or as a result of any threatening, libellous,
obscene, harassing or offensive material contained in any of
your communications. |
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11.
Indemnity
You agree to indemnify us
against any claim or demand, including reasonable lawyers’ fees, made by any
third party due to or arising in any way out of your use of Our Web Site, or the
infringement by you, or by any other person using your computer, of any
intellectual property or other right of any person.
12.
Contractual Limitation
Where we provide goods or
services without specific charge, then it (or they) is deemed to be provided
free of charge, and not to be associated with any other service for which a
charge is made. Accordingly, there is no contractual nor other obligation upon
us in respect of any such goods or services.
13. Rights
of third parties
Nothing in this agreement or
on our web site shall confer on any third party any benefit under the provisions
of the Contracts (Rights of Third Parties) Act 1999.
14.
Severability
If any of these terms is at
any time held by any jurisdiction to be void, invalid or unenforceable, then it
shall be treated as changed or reduced, only to the extent minimally necessary
to bring it within the laws of that jurisdiction and to prevent it from being
void and it shall be binding in that changed or reduced form. Subject to that,
each provision shall be interpreted as severable and shall not in any way affect
any other of these terms.
15. No
Waiver
No waiver by us, in
exercising any right, power or provision hereunder shall operate as a waiver of
any other right or of that same right at a future time; nor shall any delay in
exercise of any power or right be interpreted as a waiver.
16.
Dispute Resolution
In the event of a dispute
arising out of or in connection with these terms or any contract between you and
us, then you agree to attempt to settle the dispute by engaging in good faith
with us in a process of mediation before commencing arbitration or litigation.
17. Force
majeure
We are not liable for any
breach of our obligations resulting from causes beyond our reasonable control.
18.
Governing Law
This Agreement shall be
governed by and construed in accordance with the law of England. This agreement
shall not be governed by the United Nations Convention on Contracts for the
International Sale of Goods, the application of which is hereby expressly
excluded.
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