Somerset Shop Website Terms and Conditions.
It is the customers responsibility to check the condition
of their order upon receipt of the goods, before signing for them, Once
the customer receives the goods and has signed the delivery note, they
have accepted that the goods have been delivered "In Good Condition",
we "Somerset Shop " reserve the right to charge for any subsequent
costs involved, particularly exchange or return carriage.
These terms and conditions apply to the use of our website at www.SomersetShop.co.uk / www.SomersetShop.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 order
from us. if you do not accept these terms and conditions, please do not
use this website.
1.0 INTRODUCTION
We reserve the right to change our terms and conditions at any time by
updating this posting. You should check to review the current terms and
conditions, because they are binding on you.
2.0 ORDERING FROM US
You may place an order with us by ordering via our website. We will
send you an order confirmation, detailing the products you have ordered.
Our acceptance of an order takes place when we despatch the order. When
we despatch the order the purchase contract will be made, unless we
have notified you that we do not accept your order or you have
cancelled your order.
We may refuse to accept an order:
(a) if goods are not available or out of stock;
(b) when we cannot obtain 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.
3.0 PRICING, POSTAGE CHARGES
All prices include VAT (where applicable) at the current rates.
Postage charges are applied to each individual product and will vary based upon the item/s ordered.
All delivery charges are quoted on the delivery postcode.
4.0 CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order: please E-mail us at orders@Somersetshop.co.uk or go to http://www.somersetshop.co.uk/returns
4.2 You can return goods you have ordered from us for any reason at any
time within 7 working days of receipt for a full refund or exchange
excluding postage cost. 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 Your right to return the goods to us as referred to in clause 4.3 will not apply in the following circumstances:-
(a) in the event that the product has been used.
(b) to any products that we have made or customised specifically for you
(c) 2nd hand item, a clearance item or a "sold as seen" item
(d) Items sold through any online auction site "sold as seen"
The provisions of this clause 4.4 do not affect your statutory rights.
Materials4DIY, Hay Street Farm, Ston Easton, Radstock, Bath, BA3 4DN
Tel: 08450943295 Fax 01761241298 E-mail: mail@somersetshop.com
5.0 SERVICE ACCESS
5.1 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.
5.2 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.
6.0 VISITOR MATERIAL AND CONDUCT
6.1 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.
6.2 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).
6.3 You may not misuse the Website (including, without limitation, by hacking).
6.4 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 6.2 or 6.3.
7.0 LINKS TO AND FROM OTHER WEBSITES
7.1 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.
7.2 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 the Materials4diy 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 any Materials4diy 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 7.2 for breach of these terms and to take any action we deem
appropriate.
7.3 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 7.2.
8.0 DISCLAIMER
8.1 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.
8.2 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.
9.0. LIABILITY
9.1 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.
9.2 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.
9.3 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.
9.4 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.
10.0 GOVERNING LAW AND JURISDICTION
10.1 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.
10.2 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.
11.0 MISCELLANEOUS
11.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
11.2 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.
11.3 Only the parties to these terms and conditions may seek to enforce
them under the Contracts (Rights of Third Parties) Act 1999.
Updated April 2010
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