Terms and Conditions
WEBSITE TERMS AND CONDITIONS
WELCOME TO THEALL-FIREDUP.COM WEBSITE TERMS AND CONDITIONS FOR USE. THESE TERMS
AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT www.all-firedup.com. 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.
Our VAT registration number is 751668117
Our contact details are as follows:
Trading address:
34 Dean Park Street
EDINBURGH
EH4 1JU
Telephone number:0131 3322444
Fax number:0131 3153310
General email: allfiredup@btopenworld.com
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provisions of these terms and conditions may be superseded by expressly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.
2.4 Payments for all overseas orders shall be paid in (£) UK Pounds
Sterling.
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.
3.4 Payment - Prices are quoted in (£) Pounds Sterling and are
excluding delivery. All orders will be subject to a delivery charge. Payment
must be made in full before orders can be released. The ownership of goods
remain withAllfiredup Ltduntil paid in full. If we find that we have to
re-present a cheque payment or credit card payment and is in arrears, the Firm
has the right to charge interest overdue balances at 5% aboveBarclay's base
rate per annum on a daily basis.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order:
(a) you can notify us by email to
sales@all-firedup.com 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 14 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
where the products are magazines or newspapers
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 ACCESS
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. VISITOR MATERIAL AND CONDUCT
7.1 Other than personally identifiable information 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 theAllfiredup logo;
(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 anyAllfiredup 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
8.2.
9. REGISTRATION
9.1 To register with
www.all-firedup.com 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 JURISDICTION
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.
|