Terms and Conditions for Access to the Website and Services
Please read these Terms and Conditions carefully. By ticking the ‘I accept these Terms and Conditions’ box after logging in, you accept and agree to be bound by this Agreement. If you do not accept the Terms and Conditions of this Agreement, please exit this website immediately.
1. Introduction and definitions:
Clarke Tinwhistle, registered in England and Wales, number 9430378, whose registered office is at Five Oak Green, Kent, TN12 6RS, England (‘the Provider, also referred to as ‘We’. ‘Us’ and ‘Our’) is the owner and operator of this website www.clarketinwhistle.com.
These Terms and Conditions govern the contents and use of the website www.clarketinwhistle.com (the “Site) and set out the terms and conditions on which we supply the products available on the Site (the “Products”). Please read these Terms and Conditions of Sale carefully before using the Site and before ordering any Products via the Site. By using the Site and/or ordering the Product you signify that you have read, understand and agree to be bound by these General Terms and Conditions. You can print a copy of these Terms and Conditions by clicking on the print icon on your browser.
This Site is owned and operated by The Clarke Tinwhistle Comapny (“We”, “Us”). If you would like to contact us about anything contained on the Site then please contact us by email at [email protected]
2.1 These Terms and Conditions set forth the legally binding terms for your use of the Services. By using the Services, and in consideration of the Provider providing the Services to you, you agree to be bound by these Terms and Conditions. The term “User” refers to any person or persons who access the Web-Based Applications whether as a Visitor, a Client, a Reseller, a Reseller’s Client, a representative or employee of a Client or Reseller’s Client or any other user.
2.2 You are authorised to use the Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws and to be legally bound by these Terms and Conditions which are presented for acceptance on logging in to the Services as they may be modified and posted on our website from time to time. By ticking the ‘I accept these terms and conditions’ box after logging in, you accept and agree to be bound by the Terms and Conditions for access to the services.
2.3 The Provider may modify these Terms and Conditions from time to time. Any modifications shall become effective upon the posting of the revised Terms and Conditions on the Provider’s website, or by providing notice to you. You agree to be bound by any changes to these Terms and Conditions when you use the Services after any such modification has occurred. If you do not agree to be bound by them, you should not use the Services.
2.4 If you do not agree with these Terms and Conditions, you should discontinue use of the Services immediately.
3. Access and Use of the Site:
3.1 These Terms and Conditions include the Provider’s policy for acceptable use of the Services and content posted on the Website and your rights, obligations and restrictions regarding your use of the Services.
3.2 You may not use the Site in any improper or unlawful manner or in breach of any legislation or license that applies to you. You agree to comply with all reasonable instructions that we may give you from time to time regarding use of the Site.
3.3 Upon placing your order, you acknowledge that we may review your order, and the Content it contains, for adherence to our guidelines and compliance with these Terms and Conditions and that We may refuse to process an order where we believe that the Content is in breach of these Terms and Conditions and our guidelines.
3.4 The Services are controlled and operated from the United Kingdom. The Services are hosted in the United Kingdom and Ireland.
3.5 The CRM module of the Web-Based Applications is intended for the uploading and storage of general contact information, marketing documentation, communications, and web event tracking. It is not intended to be used as a database, and is not designed for the uploading and storage of sensitive personal information including, but not limited to, payment card details, passwords to other third-party services, or medical records.
3.6 We have endeavoured to ensure that our website and the Services comply with UK laws. However, we make no representations that the materials on our website and the Services are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website or the Services are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.
3.7 The Provider makes no warranties, express or implied, that making the Services available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or Regulations. Accordingly, if making the Services or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, the Services are not offered for subscription by you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to subscribe to the Services. The Provider accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the access or attempted access of the trustees for citizens, residents or nationals of other countries.
3.8 We may remove the Site or cease the provision of any of the services available through the Site at any time in our sole discretion for any reason whatsoever.
3.9 We may terminate your access to the Site for any reason in our sole discretion at any time with or without notice.
4. Prohibited activities:
The Provider reserves the right to take action and remove any offending communication or use of the services in a manner inconsistent with any and all applicable laws and regulations.
5. Terms and Conditions for the sale of Products:
5.1 These Terms and Conditions shall apply to all sales of the Products by Us via the Site and shall supersede any other terms or conditions contained or referred to elsewhere or implied by trade, custom, practice unless specifically agreed to in writing by Us. If you do not agree with these Terms and Conditions then you may not use the Site. Please note that we may modify these Terms and Conditions and thus you should review them periodically. If any modification is unacceptable to you, you shall cease using the Site. If you do not cease using the Site you will be deemed to have accepted the change.
• “Buyer” means the person named on the Order;
o “Order” means your order for a Product from the Site;
o “Contract” means the Order and Order Confirmation;
o “Faulty” means containing a fault or defect; imperfect or defective;
o “Price” means the price together with postage and packing costs and any applicable taxes in force at the time of the Order
o “Terms and Conditions” means the standard terms and conditions of business set out in this document.
5.2 It is our objective to fulfil your order in a satisfactory and timely manner.
5.3 All Products are offered for sale subject to availability and subject to Our acceptance of your order.
5.4 We reserve the right to reject any Order without the obligation to assign any reason for so doing. No Order shall be deemed accepted by Us until we have confirmed it unconditionally in the Order Confirmation.
5.5 It is your responsibility to contact Us and notify Us of any error or mistake with the Order as soon as reasonably practicable.
5.6 We take reasonable care to describe Products and present colours as accurately as possible on Our Site, but We cannot undertake to give any assurance that the colours supplied will exactly match those displayed on your monitor or mobile telephone.
5.7 To place an order you will need to follow the order procedure set out on the Site. Details of the price payable in respect of any Product and the procedure for payment are displayed on the Site. By placing an order via the Site, you indicate an offer to buy the Product and acceptance of these Conditions of Sale and our Terms and Conditions. All orders are subject to acceptance by Us and We are entitled to refuse any order placed by you. We indicate Our acceptance of your Order when We have received full payment from you and send you an email confirmation, at which point a contract is formed.
5.8 We may revise, discontinue or modify products or services at any time without prior notice to you and products may become unavailable without notice. We shall have no liability of any kind if any product or service is not available.
5.9 You undertake that all details you provide to Us for the purpose of purchasing Products via the Site will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any Products. If payment is not received in full, We will be under no obligation to deliver the Products.
5.10 Payment for all Products will be made via a third party provider payment service. You will be required to submit your payment details to such third party provider and you may also be required to accept additional terms and conditions in relation to the use of that service. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of such third party payment provider.
5.11 We may change the price of any Product before you place an order.
5.12 All prices are inclusive of VAT, where applicable. VAT is based on the final value of your order, at the current rate in force in the UK. We reserve the right to change the prices up until the date and time that you place your order.
5.13 The place for the delivery of your Products will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be 1st class postage. Delivery costs are quoted separately for First Class post to UK addresses. Worldwide delivery costs by airmail are quoted by country, where available.
5.14 When you receive the Product/s you must inspect them for any defects or non-conformity before signing good condition. If you sign good condition, you are accepting the goods are in an acceptable condition. Any packages not signed for but accepted are considered signed in good condition. If you can see any sign of damage to the parcel/s please sign as damaged otherwise we cannot refund or replace the item, beyond your statutory rights.
5.15 We will endeavour to process your Order within the time period stated for each item. Time for delivery shall not be of the essence of these Terms and Conditions and We will not be liable for any loss or expenses, which You may sustain as a result of any delay in the delivery of your Order.
5.16 If you wrongfully fail to take delivery of the Order for any reason, then We shall be under no obligation to refund the price.
5.17 You shall have the right to cancel an Order only If We have failed to deliver the Order within 30 days after the date You placed the Order or if the Product is defective, in which case You must report such defect within 7 days after receiving the product. You must return any Product to Us in its original packaging (which You should retain for this purpose).
5.18 If an Order is cancelled or returned in accordance with Clause 5.15 above, We shall be responsible for all sums paid (including initial and re-delivery charges (if any) in respect of the Order in question. Nothing in this clause affects your statutory rights.
6. Intellectual Property rights and rights of use:
6.1 All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) relating to the Products, Services and the Web-Based Applications and all content (including all applications) located on the website shall remain vested in the Provider and/or third parties including, without limitation, any licensors from whom the Provider has licensed such rights (as the case may be).
6.2 All intellectual property rights (meaning patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright, database rights and moral rights and rights in computer programs) in and to the Site and all content and materials contained in the Site (“Site Content”) are owned by and shall remain owned by Us or Our licensors. Site Content may only be used for your personal, non-commercial purposes.
6.3 You may not sub-license, copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use the content in any way except as otherwise expressly permitted by law. You also agree not to adapt, alter or create a derivative work from any of the Products, Services or Web-Based Application except as otherwise expressly permitted by law. Any other use of the Services or Web-Based Application requires the prior written permission of the Provider.
6.4 The names, images and logos identifying the Provider or third parties and their products and services are subject to copyright, design rights and trademarks of the Provider and/or third parties. Nothing contained in these Terms and Conditions shall be construed as conferring any license or right to use any trademark, design right or copyright of the Provider or any other third party.
6.5 You may not use the Services in a manner, which infringes the Intellectual Property, proprietary or personal rights of any third party.
7. Limitation of liability:
7.1 The Provider intends to provide the services with reasonable skill and care.
7.2 We exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Services our website or any information or service provided through our website. The Services and all content and information contained in the Services are provided on an ‘as is’, ‘as available’ and ‘with all faults’ basis and you assume total responsibility and risk for your use of the Services and the content and information contained in the Services.
7.3 We accept no liability for any indirect or consequential loss or damage, or for any direct or indirect loss of data, profit, revenue or business in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use of, or performance of the Services we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error or omission or any other cause and whether on the part of the Provider or our servants, agents, licensors, or any other person or entity.
7.4 We accept no responsibility or liability for the storage or backup of any Client data or for any loss or damage as a result of any data lost.
7.5 While we endeavour to ensure that the information contained on the Site (“Site Content) is correct and error-free, we do not warrant the accuracy and completeness of the Site Content. We may make changes to the Site Content, or to any products, prices or fees described in it, at any time without notice. The Site Content may be out of date, and we make no commitment to update such material.
7.6 Third parties may provide some Site Content and we do not guarantee or accept any responsibility for the accuracy, completeness, currency or reliability of any such Site Content.
7.7 Therefore, except as expressly provided in these Terms and Conditions, the Site and all Site Content provided through it are provided on an “as is” basis without representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise). To the fullest extent permissible pursuant to applicable law, we disclaim all other conditions, representations, statements and warranties (including, but not limited to, any implied warranty of the fitness for a particular purpose of the Site or Site Content or that your use of the Site or Site Content will not infringe the rights of any other person or entity).
7.8 We do not warrant that the Site, any Site Content and any function of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations that the Site and the Site Content will meet your requirements nor do we make any warranty or representations regarding the use or the results of the use of any Site Content in terms of their completeness, accuracy, currency, reliability, or otherwise. We will not be held responsible for the security of the Site or for any disruption of the Site however caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
7.9 The Provider assumes no responsibility for any error, omission, interruption, deletion, corruption, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any User communication or any content. The Provider is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or transaction due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services.
7.10 The Provider assumes no responsibility for any information provided by a User of the Services.
7.11 We warrant to you that any Product purchased from us via the Site is of satisfactory quality and reasonably fit for the purposes for which products of the same kind are commonly supplied. To the fullest extent permissible pursuant to applicable law, we disclaim all other conditions, representations, statements and warranties, either express or implied (whether by common law, custom, statute or otherwise).
7.12 Our liability for losses you suffer as a result of us breaching this Contract is strictly limited to the net purchase price of the Product you purchased (excluding taxes and delivery costs).
7.13 You expressly agree that your use of and browsing of the Site and the use of Site Content are at your own risk
7.14 Subject to the above, you agree that we shall not be liable for any direct or indirect loss, claim, damage or loss of profit or any punitive, special, incidental or consequential damages of any kind that are not directly associated with the incident that caused your claim or any use of or reliance upon any Site Content or any other information, material, software, products, services and related graphics obtained through the Site, in all cases even if we have been forewarned of the possibility of such loss or damage.
7.15 We shall not be liable for any loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under these Terms and Conditions by reason of any event or circumstance outside Our reasonable control, including, but not limited to, any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
7.16 Due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect your computer equipment or any other property when using or browsing the Site. The downloading or other acquisition of any Site Content through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such Site Content.
7.17 The Provider shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control (‘Force Majeure’) of the Provider and the Provider shall be entitled (subject to giving you full particulars of the circumstances in question and to using its best endeavours to resume full performance without avoidable delay) to a reasonable extension of time for the performance of such obligations.
9. Data Protection and Privacy:
10. Governing Law:
These Terms and Conditions shall be governed by and interpreted in accordance with English law and you irrevocably agree that the courts of England and Wales shall (subject to the following sentence) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions. Nothing in this clause limits the right of the Provider to bring proceedings against you arising out of or in connection with these Terms and Conditions (a) in any other court of competent jurisdiction or (b) concurrently in more than one court of competent jurisdiction.