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Terms And Conditions of Purchase
Please
read through carefully the Terms and Conditions set out below. By placing an
Order on this website, you agree to be bound by these Terms and Conditions
which will apply to any purchase.
1. Definitions
In
these Conditions:
`Terms and Conditions’ means the terms and
conditions of purchase set out below
`Delivery Address’ means the address given by
you in your Order
`Product(s)’
means the product described in the Order
`Order’
means your Order of the products
`Price’
means the price of the Product
`We’
and `Us’ means Blue Can Do Lt
2. Purchase Contract
The
steps required to create a Contract between you and Us are as follows:
(i) You place the Order for your
product on the website by ticking the box agreeing to our Terms and Conditions and clicking on the Proceed to Checkout button;
(ii) We will confirm acceptance of your Order by Us
sending you an email to the email address you have provided to us;
(iii)
At this point the Purchase Contract will be made and
we will supply the goods in accordance with your Order and our Terms and
Conditions.
3. Payment
All prices are
inclusive of VAT (where applicable) at the current rates and are correct at the
time you confirm your Order.
You
confirm that the credit or debit card that you use for payment is yours. All
credit/debit cardholders are subject to validation checks and authorisation by
the card issuer. If the issuer of your payment card refuses to or does not, for
any reason, authorise payment to us, we will not be liable for any delay or
non-delivery.
You
agree to indemnify us in full against all costs, expenses and outgoings
incurred by us in obtaining payments from you in the event a failed payment
occurs.
4.
Delivery
Delivery
will be made by the Address specified by you when you place your Order on the
website. Delivery within the United Kingdom shall be by recorded delivery
approximately 14 days from the date of your Order. An appropriate person must
sign for all products on delivery. Delivery outside the United Kingdom shall be
by ordinary post approximately 28 days from the date of your Order.
In
the event that the products delivered to you are incomplete or include
incorrect products, you must notify us promptly. Risk of damage to or loss of
the Products shall pass to you upon delivery to you in accordance with these
Terms and Conditions.
5.
Defective Products
Upon
delivery, you must inspect the Products and notify us promptly of any
dissatisfaction with your Order. If the Products are faulty you must return
them promptly and, upon receipt, we shall refund the full Price of the Product.
6.
Warranties and Liability
Nothing
in these Terms and Conditions will restrict our liability for death or personal
injury resulting from our negligence and neither will any of these Terms
restrict any of your statutory rights.
Our
maximum liability arising out of any Order for the supply of the Product to you
under this Contract will be limited to the Price of the Product contained in
your Order.
Subject
to the above, we shall not be liable for any further claims for loss from or in
connection with the supply of faulty Products, whether direct or indirect,
consequential or otherwise, howsoever arising.
7. Privacy
We will treat all your personal
information as confidential. We do not sell, rent or transfer this information
to third parties for their marketing purposes unless you agree otherwise. We
will fully comply with all applicable UK Data Protection and consumer
legislation from time to time in place. You agree that you do not object to us
contacting you for any of the above purposes whether by telephone, e-mail or in
writing and you confirm that you do not and will not consider any of the above
as being a breach of any of your rights under the Privacy and Electronic
Communications (EC Directive) Regulations 2003. You should be aware that if we are
requested by the police or any other regulatory or government authority
investigating suspected illegal activities to provide your Personal Information
and /or User Information we are entitled do so.
8.
Our Rights
We reserve the
right not to accept your Order as a result of any of the following: the Product
you have ordered may be unavailable from stock; we no longer sell that Product;
we are unable to obtain authorisation for your payment.
We further reserve the right to modify or
withdraw, temporarily or permanently, this website (or any part thereof) 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
change the Conditions from time to time, and your continued use of the Website
(or any part thereof) 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.
9.
General
Intellectual
Property
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 or our licensors.
You
acknowledge and agree that the material and content contained within the
website is made available for your personal non-commercial use only and that
you may (if necessary to make an Order) download such material and content onto
only one computer hard drive for such purpose. Any other use of the material
and content of the website is strictly prohibited. You agree not to (and agree
not to assist or facilitate any third party to) copy, reproduce, transmit,
publish, display, distribute, commercially exploit or create derivative works
of such material and content.
Force Majeure
If either party
is affected any circumstances beyond the reasonable control of that party
including, without limitation, any strike, lock-out or other industrial action
by it shall promptly notify the other party of the nature and extent of the
circumstances in question.
Notwithstanding
any other provision of this Agreement, neither party shall be deemed to be in
breach of this Agreement, or otherwise be liable to the other, for any delay in
performance or the non-performance of any of its obligations under this Agreement,
to the extent that the delay or non-performance is due to any Force Majeure of
which it has notified the other party, and the time for performance of that
obligation shall be extended accordingly.
Severance
If any provision
of these Conditions is held by any competent authority to be invalid or
unenforceable in whole or in part the validity of the other provisions of these
Conditions and the remainder of the provision in question shall not be
affected.
Entire
Contract
These Terms and
Conditions represent the entire Contract between Us and you.
Jurisdiction
The Contract shall be governed by the laws of
England, and you agree to submit to the exclusive jurisdiction of the English
Courts.
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