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Welcome to the Bespoke Banners terms
and conditions, which apply to your use of the Bespoke
Banners Website. By accessing this Website, you agree to
be bound by them.
PLEASE NOTE
Since we
are a small artisan business and our services are
indivdually produced, please allow 28 days for your
items to be delivered. 28 days is a guide time only,
occasionally your order may take longer.
DEFINITIONS
"Conditions"
means these terms and conditions: "Personal Information"
means any personal details provided by you via the
Website; "User(s)" means (a) user(s) of the Website
either collectively or individually, as the context
requires; "We/us/our" means Bespoke Banners, "Website"
means the website located at http://www.bespokebanners.com
or any subsequent URL which may replace it; and
"You/your" means you as a user of the Website.
1 ACCESS
We will
provide you with access to the Website in accordance
with these Conditions.
2 YOUR OBLIGATIONS
2.1
You:
2.1.1 agree not to use the Website (or any part
of) for any illegal purpose and agree to use it in
accordance with all relevant laws;
2.1.2 agree not
to upload or transmit through the Website any computer
viruses, macro viruses, trojan horses, worms or anything
else designed to interfere with, interrupt or disrupt
the normal operating procedures of a computer;
2.1.3
will not upload or transmit through the Website any
material which is defamatory, offensive, or of an
obscene or menacing character, or that may cause
annoyance, inconvenience or needless anxiety;
2.1.4
will not use the Website in a way that may cause the
Website to be interrupted, damaged, rendered less
efficient or such that the effectiveness or
functionality of the Website is in any way impaired;
2.1.5 will not use the Website in any manner which
violates or infringes the rights of any person, firm or
company (including, but not limited to, rights of
intellectual property, rights of confidentiality or
rights of privacy);
2.1.6 agree that in the event
that you have any right, claim or action against any
Users arising out of that User's use of the Website,
then you will pursue such right, claim or action
independently of and without recourse to us.
3 INDEMNITY
3.1 You
agree to be fully responsible for (and fully indemnify
us against) all claims, liability, damages, losses,
costs and expenses, including legal fees, suffered by us
and arising out of any breach of the Conditions by you
or any other liabilities arising out of your use of the
Website, or the use by any other person accessing the
Website using your PC or internet access account.
4 OUR RIGHTS
4.1 We
reserve the right to:
4.1.1 modify or withdraw,
temporarily or permanently, the Website (or any part of)
with or without notice to you and you confirm that we
shall not be liable to you or any third party for any
modification to or withdrawal of the Website; and/or
4.1.2 change these Conditions from time to time, and
your continued use of the Website (or any part of)
following such change shall be deemed to be your
acceptance of such change. It is your responsibility to
check regularly to determine whether the Conditions have
been changed. If you do not agree to any change to the
Conditions then you must immediately stop using the
Website.
4.2 We will use our reasonable endeavours
to maintain the Website. The Website is subject to
change from time to time. You will not be eligible for
any compensation because you cannot use any part of the
Website or because of a failure, suspension or
withdrawal of all or part of the Website due to
circumstances beyond our control.
5 THIRD PARTY LINKS
In
an attempt to provide increased value to our Users, we
may provide links to other websites or resources. You
acknowledge and agree that we are not responsible for
the availability of such external sites or resources,
and do not endorse and are not responsible or liable,
directly or indirectly, for the privacy practices or the
content (including misrepresentative or defamatory
content) of such websites, including (without
limitation) any advertising, products or other materials
or services on or available from such websites or
resources, nor for any damage, loss or offence caused or
alleged to be caused by, or in connection with, the use
of or reliance on any such content, goods or services
available on such external sites or resources.
6 MONITORING
We have
the right, but not the obligation, to monitor any
activity and content associated with the Website. We may
investigate any reported violation of these Conditions
or complaints and take any action that we deem
appropriate (which may include, but is not limited to,
issuing warnings, suspending, terminating or attaching
conditions to your access and/or removing any materials
from the Website).
7 YOUR DATA
7.1 We
respect your personal information and undertake to
comply with applicable UK Data Protection legislation
from time to time in place. We hold a current Data
Protection License.
7.2 You should be aware that:
7.2.1 if we are requested by the police or any
regulatory or government authority investigating
suspected illegal activities, or upon receipt of a court
order, to provide your Personal Information and/or
information concerning your activities whilst using the
Website we shall do so; and
7.3 We reserve the right
in our reasonable discretion to disclose details of your
use of the Website in relation to any, or any
threatened, Court Proceedings in connection with your
use, or the use of anyone under your control, of the
Website whether in connection with the matters set out
in these Conditions or otherwise.
7.4 Please view
our Privacy Policy, which forms part of these
Conditions.
8 INTELLECTUAL PROPERTY AND RIGHT
TO USE
8.1 You acknowledge and agree that
all copyright, trademarks and all other intellectual
property rights in all material or content supplied as
part of the Website shall remain at all times vested in
us or our licensors. You are permitted to use this
material only as expressly authorised by us.
8.2 The
Website is Copyright, Bespoke Banners, 2005. All rights
reserved.
9. NOTICES
9.1 You may
send us notices under or in connection with these
Conditions:
9.1.1 by post to Lyndhurst, Beckford
Road, BATH, BA2 6NQ, England;
9.1.2 by email to enquiries@bespokebanners.com
9.2 As proof of sending does not guarantee our
receipt of your notice, you must ensure that you have
received an acknowledgement from us, which will be sent
within 3 working days of our receipt and should be
retained by you.
10. LIMITATION OF
LIABILITY
10.1 WHILE WE WILL USE REASONABLE
ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION WE
PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES, WHETHER
EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY.
10.2
The Website is provided on an "as is" and "as available"
basis without any representation or endorsement. Unless
specified in separate terms and conditions related to a
particular product or service, we make no warranties of
any kind, whether express or implied, in relation to the
Website, or products or services offered on the Website
whether by us or on our behalf (including free software
downloads) including but not limited to, implied
warranties of satisfactory quality, fitness for a
particular purpose, non-infringement, compatibility,
security, accuracy, condition or completeness, or any
implied warranty arising from course of dealing or usage
or trade.
10.3 Unless specified in separate terms
and conditions related to a particular product or
service, we make no warranty that the Website or
products or services offered on the Website whether by
us or on our behalf (including free software downloads)
will meet your requirements or will be uninterrupted,
timely, secure or error-free, that defects will be
corrected, or that the Website or the server that makes
it available or products or services offered on the
Website whether by us or on our behalf (including free
software downloads) are free of viruses or bugs or are
fully functional, accurate, or reliable. We will not be
responsible or liable to you for any loss of content or
material as a result of uploading to or downloading from
the Website.
10.4 Notwithstanding any other provision
in the Conditions, nothing shall limit your rights as a
consumer under United Kingdom law.
10.5 You
acknowledge that we cannot guarantee and therefore shall
not be in any way responsible for the security or
privacy of the Website and any information provided to
or taken from the Website by you.
10.6 We will not
be liable in contract, tort or otherwise if you incur
loss or damage connecting to the Website through a third
party's hyper-text link.
10.7 We will not be liable,
in contract, tort (including, without limitation,
negligence), pre-contract or other representations
(other than fraudulent misrepresentations) or otherwise
out of or in connection with the Website or products or
services offered on the Website whether by us or on our
behalf (including free software downloads) for:
10.7.1 any economic losses (including without
limitation loss of revenues, profits, contracts,
business or anticipated savings); or
10.7.2 any loss
of goodwill or reputation; or
10.7.3 any special or
indirect or consequential losses; in any case whether or
not such losses were within the contemplation of either
of us at the date on which the event giving rise to the
loss occurred.
10.8 Nothing in the Conditions shall
exclude or limit our liability for death or personal
injury resulting from our negligence or that of our
servants, agents or employees.
11 SEVERANCE
If any
part of the Conditions shall be deemed unlawful, void or
for any reason unenforceable, then that provision shall
be deemed to be severable from these Conditions and
shall not effect the validity and enforceability of any
of the remaining provisions of the Conditions.
12 WAIVER
Nothing
shall be construed as a waiver by us of any preceding or
succeeding breach of any provision.
13 SURVIVAL
Each
provision of these Conditions shall be construed as
separately applying and surviving even if for any reason
one or other of those provisions is held to be
inapplicable or unenforceable in any circumstances.
14 ENTIRE
AGREEMENT
These Conditions (as amended from
time to time) contain the entire agreement between you
and us relating to the subject matter covered and
supersede any previous agreements, arrangements,
undertakings or proposals, written or oral, between you
and us in relation to such matters. No oral explanation
or oral information given by either of us shall alter
the interpretation of these Conditions. You confirm
that, in agreeing to accept these Conditions, you have
not relied on any representation save insofar as the
same has expressly been made a representation in these
Conditions and you agree that you shall have no remedy
in respect of any misrepresentation which has not become
a term of these Conditions save that your agreement
contained in this Clause shall not apply in respect of
any fraudulent misrepresentation whether or not such has
become a term of these Conditions.
15 LAW
The Conditions
will be exclusively governed by and construed in
accordance with the laws of United Kingdom whose Courts
will have exclusive jurisdiction in any dispute, save
that we have the right, at our sole discretion, to
commence and pursue proceedings in alternative
jurisdictions.
©
2006 Bespoke Banners
Telephone: +44 01225
466533
Website created by MGM
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