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Web-Business-With-Wordpress.com TERMS AND CONDITIONS
BACKGROUND:
This agreement applies as between you, the User of this Web Site
and Web-Business-With-Wordpress.com , the owner(s) of this Web Site.
Your agreement to comply with and be bound by these Terms and
Conditions is deemed to occur upon your first use of the Web
Site. If you do not agree to be bound by these Terms and
Conditions, you should stop using the Web Site immediately.
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.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following
meanings:
"Account" means collectively the personal information, Payment
Information and credentials used by Users to access Paid Content
and / or any communications System on the Web Site;
"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 Web-Business-With-Wordpress.com advertises
and / or makes available for sale through this Web Site;
"Web-Business-With-Wordpress.com " means Web-Business-With-Wordpress.com ;
"Service"
means collectively any online facilities, tools, services or
information that Web-Business-With-Wordpress.com makes available
through the Web Site either now or in the future;
"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;
"Purchase
Information" means collectively any orders, invoices, dispatch
notes, receipts or similar that may be in hard copy or
electronic form;
"Premises"
Means our place(s) of business location
"System"
means any online communications infrastructure that Web-Business-With-Wordpress.com 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;
"User" /
"Users" means any third party that accesses the Web Site and is
not employed by Web-Business-With-Wordpress.com and acting in the
course of their employment;
and "Web
Site" means the website that you are currently using and any
sub-domains of this site unless expressly excluded by their own
terms and conditions.
2. 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.
3.
International Customers / Physically Shipped Products
If Goods are being ordered from outside Web-Business-With-Wordpress.com 's country of residence, import duties and taxes may be
incurred once your Goods reach their destination. Web-Business-With-Wordpress.com 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
Web-Business-With-Wordpress.com cannot guarantee that the packaging
of your Goods will be free of signs of tampering.
4.
Intellectual Property
Subject to the exceptions in Clause 6 of these Terms and
Conditions, all Content included on the Web Site, unless
uploaded by Users, including, but not limited to, text,
graphics, logos, icons, images, sound clips, video clips, data
compilations, page layout, underlying code and software is the
property of Web-Business-With-Wordpress.com , our affiliates or other
relevant third parties. By continuing to use the Web Site you
acknowledge that such material is protected by applicable United
Kingdom and International intellectual property and other laws.
You may not reproduce, copy, 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 Web-Business-With-Wordpress.com .
5. Third
Party Intellectual Property
Unless otherwise expressly indicated, all Intellectual Property
rights including, but not limited to, Copyright and Trademarks,
in product images and descriptions belong to the manufacturers
or distributors of such products as may be applicable.
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.
6. 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 Web-Business-With-Wordpress.com 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.
7. 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.Web-business-with-Wordpress.com without prior
permission. Deep linking (i.e. links to specific pages within
the site) requires the express permission of Web-Business-With-Wordpress.com .
To find out more please contact us at our
helpdesk: enquiries@web-business-with-Wordpress.com
8. Use
of Communications Facilities
8.1 When using the enquiry form or any other System on
the Web Site you should do so in accordance with the following
rules:
8.1.1 You must not use obscene or vulgar language;
8.1.2 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;
8.1.3 You must not submit Content that is intended to
promote or incite violence;
8.1.4 It is advised that submissions are made using the
English language as we may be unable to respond to enquiries
submitted in any other languages;
8.1.5 The means by which you identify yourself must not
violate these terms of use or any applicable laws;
8.1.6 You must not impersonate other people, particularly
employees and representatives of Web-Business-With-Wordpress.com or
our affiliates; and
8.1.7 You must not use our System for unauthorised
mass-communication such as "spam" or "junk mail".
8.2 You acknowledge that Web-Business-With-Wordpress.com
reserves the right to monitor any and all communications made to
us or using our System.
9.
Accounts
9.1 In order to purchase Goods on this Web Site and to
use the mebership 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 represent and
warrant that:
9.1.1 all information you submit is accurate and
truthful;
9.1.2 you have permission to submit Payment Information
where permission may be required; and
9.1.3 you will keep this information accurate and
up-to-date.
Your creation of an Account is further affirmation of your
representation and warranty.
9.2 It is recommended that you do not share your Account
details, particularly your username and password. Web-Business-With-Wordpress.com 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.
9.3 If you have reason to believe that your Account
details have been obtained by another without consent, you
should contact Web-Business-With-Wordpress.com 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, Web-Business-With-Wordpress.com accepts no liability or responsibility and you
should make contact with the Carrier detailed in the Purchase
Information.
9.4 When choosing your username you are required to
adhere to the terms set out above in Clause 9. Any failure to do
so could result in the suspension and/or deletion of your
Account.
10.
Termination and Cancellation
10.1 Either Web-Business-With-Wordpress.com or you may
terminate your Account. If Web-Business-With-Wordpress.com
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.
10.2 If Web-Business-With-Wordpress.com terminates your
Account, any current or pending purchases on your Account WILL
be cancelled and WILL NOT be dispatched.
10.3 Web-Business-With-Wordpress.com reserves the right to
cancel purchases without stating reasons, for any reason prior
to processing payment and dispatch.
10.4 If purchases are cancelled for any reason prior to
dispatch you will be refunded any monies paid in relation to
those purchases.
10.5 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.
11.
Goods, Pricing and Availability
11.1 Whilst every effort has been made to ensure that all
graphical representations and descriptions of Goods available
from Web-Business-With-Wordpress.com correspond to the actual Goods,
Web-Business-With-Wordpress.com 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 14.1 for incorrect Goods.
11.2 Where appropriate, you may be required to select the
required [size] [model] [colour] [number] [other features] of
the Goods that you are purchasing.
11.3 Web-Business-With-Wordpress.com does not represent or
warrant that such Goods will be available. Stock indications ARE
NOT provided on the Web Site
11.4 All pricing information on the Web Site is correct
at the time of going online. Web-Business-With-Wordpress.com
reserves the right to change prices and alter or remove any
special offers from time to time and as necessary.
11.5 In the event that prices are changed during the
period between an order being placed for Goods and Web-Business-With-Wordpress.com processing that order and taking payment, you
will be contacted prior to your order being processed with
details of the new price;
11.6 All prices on the Web Site Do Not include VAT.
12.
Delivery / Physical Products -
12.1 Web-Business-With-Wordpress.com or it's agent will
notify you by way of email when your goods are to be dispatched
to you. The message will contain details of estimated delivery
times in addition to any reasons for a delay in the delivery of
the Goods purchased by you.
12.2 If Web-Business-With-Wordpress.com receives no
communication from you, within 1 day of delivery, regarding any
problems with the Goods, you are deemed to have received the
Goods in full working order and with no problems.
13.
Returns Policy / Physical Products -
Web-Business-With-Wordpress.com aims to always provide high quality
Goods that are fault free and undamaged. On occasion however,
goods may need to be returned.
Returns are
governed by these Terms and Conditions.
13.1
If you receive Goods which do not match those that you ordered,
unless accompanied by an explanatory note detailing the changes,
stating reasons for the changes and setting out your options,
you should contact us within 10 days to notify us of your
intention to return. Web-Business-With-Wordpress.com IS NOT
responsible for paying shipment costs. You will be given the
option to have the Goods replaced with those ordered (if
available) or to be refunded through the payment method used by
you when purchasing the Goods. Refunds and replacements will be
issued upon our receipt of the returned Goods.
13.2
If any Goods you have purchased have faults when they are
delivered to you, you should contact Web-Business-With-Wordpress.com
within 28 days to notify us of their return. Web-Business-With-Wordpress.com IS NOT responsible for paying shipment costs.
Goods must be returned in their original condition with all
packaging and documentation. Upon receipt of the returned Goods,
the price of the Goods, as paid by you, will be refunded to you
through the payment method used by you when purchasing the
Goods.
13.3
If any Goods develop faults within their warranty period, you
are entitled to a repair or replacement under the terms of that
warranty.
13.4
If
Goods are damaged in transit and the damage is apparent on
delivery, you should sign the delivery note to the effect that
the goods have been damaged. In any event, you should report
such damage to Web-Business-With-Wordpress.com within 3 days to
notify us of your intention to return them. Web-Business-With-Wordpress.com IS NOT responsible for paying shipment costs.
Upon receipt of the returned Goods, the price of the Goods, as
paid by you, will be refunded to you through the payment method
used by you when purchasing the Goods.
13.5
If
the Goods have been dispatched or have reached you, but you have
changed your mind, please return them to Web-Business-With-Wordpress.com within 10 days of receipt. Goods can only be returned for
this reason if their packaging remains unopened and the Goods
can be re-sold, as new, without any additional work on the part
of Web-Business-With-Wordpress.com . You are responsible for paying
shipment costs if Goods are returned for this reason.
13.6
If you wish to return Goods to Web-Business-With-Wordpress.com for
any of the above reasons, please contact us at
enquiries@web-business-with-Wordpress.com to receive return
address details an for us to make the appropriate arrangements.
13.8
Web-Business-With-Wordpress.com reserves the right to exercise
discretion with respect to any returns under these Terms and
Conditions. Factors which may be taken into account in the
exercise of this discretion include, but are not limited to:
13.8.1
Any use or enjoyment that you may have already had out of the
Goods;
13.8.2
Any characteristics of the Goods which may cause them to
deteriorate or expire rapidly;
13.8.3
The fact that the Goods consist of audio or video recordings or
computer software and that the packaging has been opened;
13.8.4
Any discounts that may have formed part of the purchase price of
the Goods to reflect any lack of quality made known to the
Customer at the time of purchase.
Such
discretion to be exercised only within the confines of the law.
14.
Privacy
Use of the Web Site is also governed by our site wide
Privacy Policy which is incorporated into these terms and
conditions by this reference. To view the Privacy Policy, please
click on the link above.
15.
Disclaimers
15.1
Web-Business-With-Wordpress.com makes no 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. We
make no guarantee of any specific results from the use of our
Services.
15.2 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.
15.3 No part of this Web Site is intended to constitute a
contractual offer capable of acceptance.
16.
Changes to the Service and these Terms and Conditions
Web-Business-With-Wordpress.com 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
Web-Business-With-Wordpress.com 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.
17.
Availability of the Web Site
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.
Web-Business-With-Wordpress.com accepts no liability for any
disruption or non-availability of the Web Site resulting from
external causes including, but not limited to, ISP equipment
failure, host equipment failure, communications network failure,
power failure, natural events, acts of war or legal restrictions
and censorship.
18.
Limitation of Liability
18.1 To the maximum extent permitted by law, Web-Business-With-Wordpress.com accepts no liability for any direct or indirect
loss or damage, foreseeable or otherwise, including any
indirect, consequential, special or exemplary damages arising
from the use of the Web Site or any information contained
therein. Users should be aware that they use the Web Site and
its Content at their own risk.
18.2 Nothing in these Terms and Conditions excludes or
restricts Web-Business-With-Wordpress.com 's liability for death or
personal injury resulting from any negligence or fraud on the
part of Web-Business-With-Wordpress.com .
18.3 Nothing in these Terms and Conditions excludes or
restricts Web-Business-With-Wordpress.com 's liability for any direct
or indirect loss or damage arising out of the incorrect delivery
of Goods or out of reliance on incorrect information included on
the Web Site.
18.4 Whilst every effort has been made to ensure that
these terms and conditions adhere strictly with the relevant
provisions of the Unfair Contract Terms Act 1977, in the event
that any of these terms are found to be unlawful, invalid or
otherwise unenforceable, that term is to be deemed severed from
these terms and conditions and shall not affect the validity and
enforceability of the remaining terms and conditions. This term
shall apply only within jurisdictions where a particular term is
illegal.
19. 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.
20.
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.
21.
Notices
All notices / communications shall be given to us by email via
our support desk: enquiries@web-business-with-Wordpress.com –
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.
22. Law
and Jurisdiction
These terms and conditions and the relationship between you and
Web-Business-With-Wordpress.com shall be governed by and construed
in accordance with the Law of England and Wales and Web-Business-With-Wordpress.com and you agree to submit to the exclusive
jurisdiction of the Courts of England and Wales. |