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Amber Chest is part of '25 Percent Trading' and will be referred as such in this document.
Welcome to 25 Percent trading's
website Terms and Conditions for Use. These Terms and Conditions apply
to the use of this website and any website owned by 25 Percent
trading. 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 with us or order from us. If you
do not accept these terms, do no use this website.
1 Introduction
1.1
You will be able to access most areas of this website without
registering your details with us. Certain areas of this website are
only open to you if you register.
1.2 We may revise these Terms and
Conditions at any time by updating this posting. You should check this
website from time to time to review the then current terms and
conditions, because they are binding on you. Certain provisions of
these terms and conditions may be superseded by expressly designated
legal notices or terms located on particular pages of this website. If
you do not wish to accept any new terms and conditions after we have
given notice, you should not continue to use this website.
2. Ordering from us
2.1
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.
2.2
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.
2.3 We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms and conditions.
3. Pricing
3.1
All prices include VAT (where applicable) at the current rates. We
reserve the right to express the price exclusive of VAT, but we shall
show VAT separately and include it in the total price.
3.2 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.
3.3 Our prices are reviewed periodically.
4. Cancellation and Returns Policy
( For full Returns Information Please see, "Returns Information Page"
4.1 If you wish to cancel your order:
(a)
you can notify us by email (please refer to the relevant site for
contact details) before we have dispatched the goods to you; or
(b) where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.2 below.
4.2
You can return goods you have ordered from us for any reason at any
time within 7 days of receipt for a full refund or exchange. The costs
of returning goods to us shall be borne by you.
4.3 Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required.
4.4
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 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.
5. Licence
5.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.
5.2
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.
5.3 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.
5.4 Any rights not expressly granted in these terms are reserved.
6. Service Areas
6.1
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.
6.2 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.
7. Vistor Material and Contact
7.1 Other than
personally identifiable information, which is covered under the Privacy
Policy [see link below], 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.
7.2 You are prohibited from posting or transmitting to or from this website any material:
(a)
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;
(b) for which you have not obtained all necessary licences and/or approvals;
(c)
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
(d) 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).
7.3 You may not misuse the website (including, without limitation, by hacking).
7.4
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.
8. Links to and from other websites
8.1
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.
8.2 If you would like to link to this Website, you may only do
so on the basis that you link to, but do not replicate, the home page
of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of our logos;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e)
you do not otherwise use any 25 PercentTrading's trade marks displayed
on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g)
your website does not contain content that is distasteful, offensive or
controversial, infringes any intellectual property rights or other
rights of any other person or otherwise does not comply with all
applicable laws and regulations.
We expressly reserve the right to
revoke the right granted in this clause 8.2 for breach of these terms
and to take any action we deem appropriate.
8.3 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
9. Registration
9.1 To register with www.25percent-trading.co.uk you must be over eighteen years of age.
9.2
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.
9.3 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.
9.4
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.
10. Disclaimer
10.1 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.
10.2 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.
11 Liability
11.1 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.
11.2 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.
11.3 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.
11.4 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.
12. Governing Law and Durisdiction
12.1
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.
12.2 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.
13 Miscellaneous
13.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
13.2
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.
13.3 Only the parties to
these terms and conditions may seek to enforce them under the Contracts
(Rights of Third Parties) Act 1999.
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