These are the terms and conditions of Phil Olley and Phil Olley Unlimited (“we/us”):
1. USE OF WEB SITE ON THESE CONDITIONS
1.1 All use of the web site www.philolley.devserver1.realpoint.co.uk (“the Site”) is on the terms and conditions below.
1.2 If you do not agree to these conditions cease use of the Site immediately.
1.3 You may print and keep a copy of these terms. They are a legal agreement between us and can only be modified with our consent. We reserve the right to change the terms at our discretion by changing them on the Site at any time.
2. ACCURACY OF INFORMATION AND DISCLAIMER
2.1 We do our best to ensure all information on the Site is accurate but we reserve the right to update and change the contents of the Site at any time.
2.2 If you find any inaccurate information on the Site let us know and we will correct it, where we agree, as soon as practicable.
2.3 All information is provided “as is” and you should independently verify any information before relying upon it.
2.4 We make no representations that information is accurate and up to date or complete and accept no liability for any loss or damage caused by inaccurate information.
2.5 Although we hope this Site will be of interest to users, we accept no liability and offer no warranties in relation to it and its content, to the fullest extent such liability can be excluded by law.
3. COPYRIGHT AND POSTINGS ON THE SITE
3.1 The Site contains copyright material, trade names and other proprietary information, including, but not limited to, text, software, photos, graphics and may in future include video, graphics, music and sound. The entire contents of the Site are protected by copyright law. We, or our licensors, own copyright and/or database right in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part except as provided in these terms.
3.2 You may download information from the Site for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
3.3 Phil Olley ™ and our logos on the Site are trade marks of Phil Olley and Phil Olley Unlimited. You may not use those trade marks without our consent.
4. BUYING PRODUCTS ON OUR SITE
4.1 To order a product you will need to follow the ordering procedures set out on our order page. Details of our prices for the products, and the procedures for payment and delivery are displayed on the Site.
4.2 Any times or dates stated on the Site for delivery are estimates only. We will make all reasonable effort to deliver goods within the time specified, but do not accept liability for any failure to deliver within that time.
4.3 The price of any product is the price in force at the date and time of your order. We may change the price of any product before you place an order. We try to ensure that our prices displayed on our web site are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see clause 4.4 below). We will inform you if a product’s correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the product at the correct price.
4.4 We are entitled to refuse any order placed by you. You will receive an initial confirmatory e-mail acknowledging receipt of your order. If your order is accepted, we will confirm acceptance to you by e-mail (‘Confirmation’) to the e-mail address you have given us on ordering or by delivery of the products ordered, whichever is the earlier. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within 14 working days.
4.5 You undertake that all details you provide to us for the purpose of purchasing goods or services which may be offered by us on the Site will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods or services. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
5. RETURNS AND CANCELLATION
5.1 You may return any products you have purchased from us within 7 working days of delivery for any reason (including if you simply change your mind). To do so you must notify us in writing or other durable medium (including e-mail) within those 7 working days. You will then be entitled to a refund from us, which will be paid as soon as possible, but in any event within 30 days. You must arrange for and pay the costs of returning the products to us. While in your possession, you must keep any products you intend to return to us in good condition.
5.2.1 the product delivered is not what you ordered or does not correspond with its description;
5.2.2 the product delivered is not of a satisfactory quality
we will, at our option, deliver to you a replacement product or refund to you the price paid and your reasonable costs of returning the products.
5.3 Downloaded files:
5.3.1 Should you be unhappy with your purchase refunds may be issued at the discretion of our management. Please e-mail full details of your refund request to firstname.lastname@example.org
6. OUR LIABILITY
6.1 In no event shall we be liable to you for any direct, and for any indirect or consequential loss, loss of profit, revenue or goodwill arising from your use of the Site or information on the Site. Subject as provided below, all terms implied by law are excluded.
6.2 We do not accept liability for death or personal injury caused by our negligence or responsibility for fraudulent misrepresentation that cannot, under English law, be excluded.
7. VIRUSES, WORMS, TROJAN HORSES AND OTHER POTENTIALLY DESTRUCTIVE PROGRAMMES
7.1 You assume full responsibility for the protection of your computer system including computer hardware and software, stored data on your computer system and the stored data and computer systems including hardware and software of third parties who may access or be otherwise connected to your computer system. You will assume the responsibility of ensuring that programmes or other data downloaded or otherwise received from this web site are free from viruses, worms, Trojan horses or other items of a destructive nature.
8. DATA SECURITY
9. LEGAL JURISDICTION AND DISPUTE RESOLUTION
9.1 English law shall apply to these terms, notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts. The place of performance shall be England.
9.2 We make no warranty or guarantee that the Site or information available over it complies with laws other than those of England.
10.1 Any formal legal notices should be sent to us at the address at the end of these terms by e-mail and be confirmed by post.
10.2 Failure by us to enforce a right does not result in waiver of such right.
10.3 You may not assign or transfer your rights under these terms.
11. FURTHER INFORMATION
11.1 Further information on these conditions or any queries on them can be obtained from:
Phil Olley Unlimited 3 Bull Lane, St Ives, Cambridgeshire, PE27 5AX Telephone 01926 425244 Or e-mail email@example.com
Phil Olley Unlimited is a company registered in England.