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Terms & Conditions

Terms & Conditions

BACKGROUND:

These Terms and Conditions (and the other documents referred to in here) govern the relationship between you, as the user of this Web Site (and purchaser of our Goods) and Bundy & Webster Ltd., the owner(s) of this Web Site.  Your agreement to comply with and be legally bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site and if applicable when ordering Goods. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately and not order any Goods.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you (at which point a contract for the sale of Goods is formed). When you place your order we will acknowledge receipt of your order, but please note that this is not the dispatch email (and hence does not mean the contract has been formed). We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate dispatch email.

When ordering Goods, please click on the button marked "I Accept" or tick the accept box if you accept them. Please understand that if you refuse to accept these Terms and Conditions, you will not be able to order any Goods from our Web Site. You should print a copy of these Terms and Conditions for future reference.

  1. Definitions and Interpretation

In these Terms and Conditions the following terms shall have the following meanings: 

“Account”

means your account with Bundy & Webster Ltd. Including without limitation the personal information, Payment Information and credentials used by you to access paid Content and / or any communications System on the Web Site;

“Bundy & Webster Ltd.” / “us” / “we” / “our”

means Bundy and Webster Limited, a company incorporated in England and Wales, with company number 08023500 and its registered office at c/o Landi Accounting, 62 Stakes Road, Purbrook, Waterlooville, Hampshire, PO7 5NT, United Kingdom;

“Carrier”

means any third party responsible for transporting purchased Goods from our Premises to customers;

“Content”

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

“Goods”

means any products that Bundy & Webster Ltd. advertises and  / or makes available for sale through this Web Site;

“Payment Information”

means any details required for the purchase of Goods from this Web Site.  This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

“Premises”

means our place(s) of business located at 33 Kildoran Road, London, SW25JY, UK.;

“Purchase Information”

means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;

“Service”

means collectively any online facilities, tools, services or information that Bundy & Webster Ltd. makes available through the Web Site either now or in the future;

“System”

means any online communications infrastructure that Bundy & Webster Ltd. makes available through the Web Site either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links, video, social media and framed video and/or social media tools;

“Web Site”

means the website http://www.bundyandwebster.com and any sub-domains of this site unless expressly excluded by their own terms and conditions; and 

“you” / “your”

means you as a user of our Web Site and / or a customer of our Goods.

  1. Age Restrictions

Persons under the age of 18 should use this Web Site only with the supervision of an adult.  Payment Information must be provided by or with the permission of an adult.

  1. Business Customers

Unless otherwise expressly set out, these Terms and Conditions also apply to customers buying Goods in the course of business.

  1. International Customers

If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination.  Bundy & Webster Ltd. is not responsible for these charges and we undertake to make no calculations or estimates in this regard.  If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures.  As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported.  Please be aware that Goods may be inspected on arrival at port for customs purposes and Bundy & Webster Ltd. cannot guarantee that the packaging of your Goods will be free of signs of tampering. Please see Clause 14 below for details regarding delivery.

  1. Intellectual Property

5.1          Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by you, including, but not limited to, text, graphics, logos, icons, images, photographs, sound clips, video clips, data compilations, page layout, underlying code, software and all intellectual property rights in the Web Site (including, but not limited to copyright, design rights and trade marks whether registered or unregistered anywhere in the world) is the property of Bundy & Webster Ltd., our affiliates, our licensors or other relevant third parties.  By continuing to use the Web Site you acknowledge that such material is protected by intellectual property laws, treaties and other laws around the world. All such rights are reserved.

5.2          Subject to Clause 7 you may not reproduce, copy, modify, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Bundy & Webster Ltd.. You must not use any part of the materials on our Web Site for commercial purposes without obtaining a licence to do so from us or our licensors.

5.3         The restriction contained in this Clause 5.2 does not restrict your ability to use any of our "sharing" functions (for example, liking and sharing our Web Site on Facebook) in accordance with that third party's own terms and conditions.

  1. Third Party Intellectual Property

6.1          Unless otherwise expressly indicated, all intellectual property rights including, but not limited to, copyright and trade marks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

6.2          Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.

  1. Fair Use of Intellectual Property

Material from the Web Site may be re-used without our written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply (including your own personal, private and non-commercial use). Our status (and that of any identified contributors) as the authors of material on our Web Site must always be acknowledged.

  1. Links to Other Web Sites

This Web Site may contain links to other sites.  Unless expressly stated, these sites are not under the control of Bundy & Webster Ltd. or that of our affiliates.  We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

  1. Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site http://www.bundyandwebster.com without prior permission, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, and provided you do not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice. Deep linking (i.e. links to specific pages within the site) requires the express permission of Bundy & Webster Ltd..  To find out more please contact us by email at info@bundyandwebster.co.uk.

  1. Use of Communications Facilities

10.1       When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:

10.1.1   You must not use obscene or vulgar language;

10.1.2   You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

10.1.3    If you are using a third party's personally identifiable details (for example, if you a purchasing Goods for a friend and inserting their details), you must ensure you have consent to use such details;

10.1.4   You must not submit Content that is intended to promote or incite violence;

10.1.5   It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;

10.1.6   The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

10.1.7   You must not impersonate other people, particularly employees and representatives of Bundy & Webster Ltd. or our affiliates; and

10.1.8   You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

10.2       You acknowledge that Bundy & Webster Ltd. reserves the right to monitor any and all communications made to us or using our System.

  1. Accounts

11.1       In order to purchase Goods on this Web Site and to use the Web Site facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase.  By continuing to use this Web Site you promise (represent and warrant) that:

11.1.1   all information you submit is accurate and truthful;

11.1.2   you have permission to submit Payment Information where permission may be required; and

11.1.3   you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your promise (representation and warranty).

11.2       It is recommended that you do not share your Account details, particularly your username and password which should be treated as confidential.  Bundy & Webster Ltd. accepts no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

11.3       If you have reason to believe that your Account details have been obtained by another without consent, you should contact Bundy & Webster Ltd. immediately to suspend your Account and cancel any unauthorised purchases that may be pending.  Please be aware that purchases can only be cancelled until they are dispatched.  In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Bundy & Webster Ltd. accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.

11.4       When choosing your username you are required to adhere to the terms set out above in Clause 10.  Any failure to do so could result in the suspension and/or deletion of your Account.

  1. Termination and Cancellation

12.1       Either Bundy & Webster Ltd. or you may terminate your Account.  If Bundy & Webster Ltd. terminates your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

12.2       If Bundy & Webster Ltd. terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.

12.3       Bundy & Webster Ltd. reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.

12.4       If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.

12.5       If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.

  1. Goods, Pricing and Availability

13.1       Whilst every effort has been made to ensure that all graphical representations, colours and descriptions of Goods available from Bundy& Webster Ltd. correspond to the actual Goods, Bundy & Webster Ltd. is not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether.  Please refer to Clause 15.1 for incorrect Goods.

13.2       Where appropriate, you may be required to select the required size, model, colour, number, and / or other features of the Goods that you are purchasing.

13.3       Bundy & Webster Ltd. does not promise, represent or warrant that such Goods will be available.  Stock indications are provided on the Web Site HOWEVER THESE MAY NOT TAKE INTO ACCOUNT SALES THAT HAVE TAKEN PLACE DURING YOUR VISIT TO THE WEB SITE. If we are unable to supply you with a Good, for example because that Good is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on the Web Site as referred to in Clause 13.5 below, we will inform you of this by email and we will not process your order. If you have already paid for the Good(s), we will refund you the full amount including any delivery costs charged as soon as possible.

13.4       Bundy & Webster Ltd. reserves the right to change prices and alter or remove any special offers from time to time and as necessary.  All pricing information is reviewed and updated every month.

13.5       In the event that prices are changed before we send a dispatch email to you, you will be contacted prior to your order being processed with details of the new price. We are under no obligation to provide the Good to you at any incorrect (lower) price, even after we have sent you a dispatch email, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.

13.6       Prices of Goods include VAT.

13.7       Payment for all Goods must be by credit, debit card or PayPal and we require payment before we despatch the Goods.

  1. Delivery

14.1 See http://www.bundyandwebster.com/pages/delivery-returns

  1. Returns Policy

15.1 See http://www.bundyandwebster.com/pages/delivery-returns 

  1. Privacy

Use of the Web Site is also governed by our Privacy & Cookies Policy at http://www.bundyandwebster.com/pages/privacy-policy which is incorporated into these Terms and Conditions by this reference.  To view the Privacy & Cookies Policy, please click on the link above.

  1. Web Site Disclaimers

17.1       Bundy & Webster Ltd. makes no promise, warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate and complete. We make no guarantee of any specific results from the use of our Services.

17.2       No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind. We therefore disclaim all liability and responsibility arising from any reliance placed on such information, commentary and materials by any visitor to our Web Site, or by anyone who may be informed of any of its contents.

17.3       No part of this Web Site is intended to constitute a contractual offer capable of acceptance.

  1. Warranty (our promises)

18.1       Subject to the disclaimers set out in Clause 18.3, we promise to you that any Good purchased from us through our Web Site will conform in all material respects with its description, be of satisfactory quality, be reasonably fit for all the purposes for which products of that kind are commonly supplied and be free from manufacturing defects at the time of delivery.

18.2      The Goods we sell have been designed to comply with the statutory legal requirements and relevant safety standards of the United Kingdom. We can therefore make no promise, representation or warranty that any product is compliant with health, safety or other legal requirements which apply outside the United Kingdom, unless delivery is within the EEA and common EEA Consumer Protection and Safety rules apply.

18.3       Bundy & Webster Ltd. shall have no liability under the warranty set out at Clause 18.1 to the extent that any damage or defect results from:

18.3.1 a modification or alteration of the Goods by anyone other than us;

18.3.2 your or any third party's use of the Goods in a manner contrary to the instructions given to you by us or a manufacturer;

18.3.3 fair wear and tear, wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; or

18.3.4 any failure to use reasonable skill and care in fitting and using the Goods.

  1. Changes to the Service and these Terms and Conditions

Bundy & Webster Ltd. reserves the right to change the Web Site, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes.  If Bundy & Webster Ltd. is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

  1. Availability of the Web Site

20.1       The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality (see Clause 22 (Limitation of liability)).

20.2       Bundy & Webster Ltd. accepts no liability for any disruption or non-availability of the Web Site resulting from system failure, maintenance or repair or external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure (including the internet), default of suppliers, power failure, natural events, acts of war or legal restrictions and censorship.

20.3       Access to our Web Site is permitted on a temporary basis, and Bundy & Webster Ltd. reserves the right to withdraw or amend the service we provide on the Web Site without notice (see below). Bundy & Webster Ltd. will not be liable if for any reason the Web Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts or the whole of the Web Site to users who have registered with us.

  1. Use of the Web Site

21.1       You agree that you will not use the Web Site in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity or that is fraudulent, or has any unlawful or fraudulent purpose or effect. Furthermore, you agree not to do anything that may cause damage to the Web Site or our servers, systems or equipment or those of third parties, nor access any users' data or penetrate or circumvent any Web Site security measures or attempt to do any such acts.

21.2       You agree not to give any indication that you have any commercial relationship with us, or that you are our agent or that we have endorsed any of your activities.

21.3       You accept that you are able to stop using the Web Site at any time and at your sole discretion. We reserve the right to suspend, restrict or terminate your access to the Web Site or any part of it at any time at our sole discretion.

21.4       We may also ban or suspend you as a user of the Web Site if you do not comply with these Terms and Conditions and, in such an event, your permission to use this Web Site shall terminate and you must immediately destroy any downloaded or printed extracts from this Web Site.

  1. Limitation of Liability

22.1       Nothing in these Terms and Conditions excludes or restricts Bundy & Webster Ltd.’s liability for death or personal injury resulting from any negligence or for fraud on the part of Bundy & Webster Ltd. or any other liability which cannot be excluded or limited under applicable law, nor shall anything in these Terms and Conditions restrict your statutory rights (including your rights to receive a reasonable standard of service, more details about which can be obtained from your local Trading Standards Office or Citizen's Advice Bureau).

22.2       If we fail to comply with these Terms and Conditions, we shall only be liable to you for any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure and the price of the Goods. We are not responsible for any loss or damage that is not foreseeable at the time we enter into a contract. We will not be liable for losses that result from our failure to comply with these Terms and Conditions that fall into the following categories: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; loss of data; or waste of management or office time. However, this will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded in the former categories.

22.3       The material displayed on the Web Site is provided "as is" without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

  1. Viruses, hacking and other offences

23.1       You must not misuse our Web Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Web Site, the server on which our Web Site is stored or any server, computer or database connected to our Web Site. You must not attack our Web Site via a denial-of-service attack or a distributed denial-of-service attack.

23.2       By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Web Site will cease immediately.

23.3     We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Web Site or to your downloading of any material posted on it, or on any website linked to it.

  1. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

  1. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

  1. Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to info@bundyandwebster.co.uk.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

  1. Severance

If any provision of these Terms and Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms and Conditions which shall remain in full force and effect.

  1. Assignment

28.1       The contract between you and us is binding on you and us and on our respective successors and assignees.

28.2       You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.

28.3       We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

  1. Events outside our control

29.1       We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control ("Event Outside Our Control").

29.2       An Event Outside Our Control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; failure of public or private telecommunications networks (including the internet); and the acts, decrees, legislation, regulations or restrictions of any government.

29.3       Our performance under any contract is deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Event Outside Our Control to a close or to find a solution by which our obligations under the contract may be performed despite the Event Outside Our Control.

  1. Entire agreement

30.1       These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

30.2       We each acknowledge that, in entering into a contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or the documents referred to in them.

30.3       Nothing in this Clause 30 limits or excludes any liability for fraud.

  1. Law and Jurisdiction

These Terms and Conditions and the relationship between you and Bundy & Webster Ltd. shall be governed by and construed in accordance with the laws of England and Bundy & Webster Ltd. and you agree to submit to the non-exclusive jurisdiction of the Courts of England. This Web Site is based in England and is intended for users in the United Kingdom. We make no representations that the materials and Web Site are suitable for users outside the United Kingdom, and if you choose to access the Web Site from outside of the United Kingdom you are solely responsible for ensuring compliance with all relevant local laws.

These Terms and Conditions were last updated on 11 November 2014.

 

 

 

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