WELCOME TO THE BRAYBROOK OFFROAD LIMITED WEBSITE TERMS AND CONDITIONS FOR
USE. THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT
WWW.XCTINGDIRECT.COM. BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU
AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF
WHETHER OR NOT YOU CHOOSE TO ORDER FROM US. IF YOU DO NOT
ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
| 1. | INTRODUCTION |
| 1.1 | We may revise these terms and
conditions at any time by updating this posting. You should check this
Website from time to time to review the then current terms and conditions,
because they are binding on you. Certain provisions of these terms and
conditions may be superseded by expressly designated legal notices or terms
located on particular pages of this Website. If you do not wish to accept
any new terms and conditions after we have given notice, you should not
continue to use this Website. |
| 2. | ORDERING FROM US |
| 2.1 | You are deemed to place an order with us by ordering via our
online checkout process. As part of our checkout process you will be given
the opportunity to check your order and to correct any errors. We will
provide an order acknowledgement, detailing the products you have ordered. |
| 2.2 | Our acceptance of an order takes place when we despatch the
order. When we despatch the order the purchase contract will be made and you
will be charged, unless we have notified you that we do not accept your
order or you have cancelled your order. |
| 2.3 | We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms and
conditions. |
| 3. | PRICING |
| 3.1 | All prices include VAT (where applicable) at the current
rates. We reserve the right to express the price exclusive of VAT, but we
shall show VAT separately and include it in the total price. |
| 3.2 | Where we charge separately for packing, carriage and
insurance and other relevant charges, the appropriate rates are set out in
our specified pricing structure shown elsewhere on this Website. |
| 3.3 | Our prices are reviewed periodically and the next review
will be on 01/01/2009. |
| 4. | CANCELLATION AND RETURNS POLICY |
| 4.1 | If you wish to cancel your order:
(a) you can notify us by email to sales@xctingshop.com before we have
dispatched the goods to you; or
(b) where goods have already been dispatched to you, by returning goods to
us in accordance with clause 4.2 below. |
| 4.2 | You can return goods you have ordered from us for any reason
at any time within 14 days of receipt for a full refund or exchange. The
costs of returning goods to us shall be borne by you. |
| 4.3 | Upon receipt of the goods we will give you a full refund of
the amount paid or an exchange credit as required. |
| 4.4 | The rights to return the goods to us as referred to in
clause 4.3 will not apply in the following circumstances:
in the event that the product has been used |
| 4.4 | The provisions of this clause 4.4 do not affect your
statutory rights. |
| 5. | LICENCE |
| 5.1 | You are permitted to print and download extracts from this
Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any
way;
(b) no graphics on this Website are used separately from accompanying text;
and
(c) any of our copyright and trade mark notices and this permission notice
appear in all copies. |
| 5.2 | Unless otherwise stated, the copyright and other
intellectual property rights in all material on this Website (including
without limitation photographs and graphical images) are owned by us or our
licensors. For the purposes of these terms and conditions, any use of
extracts from this Website other than in accordance with clause 5.1 above
for any purpose is prohibited. If you breach any of the terms in these terms
and conditions, your permission to use this Website automatically terminates
and you must immediately destroy any downloaded or printed extracts from
this Website. |
| 5.3 | Subject to clause 5.1, no part of this Website may be
reproduced or stored in any other website or included in any public or
private electronic retrieval system or service without our prior written
permission. |
| 5.4 | Any rights not expressly granted in these terms are
reserved. |
| 6. | SERVICE ACCESS |
| 6.1 | While we endeavour to ensure that this Website is normally
available 24 hours a day, we will not be liable if for any reason this
Website is unavailable at any time or for any period. |
| 6.2 | Access to this Website may be suspended temporarily and
without notice in the case of system failure, maintenance or repair or for
reasons beyond our control. |
| 7. | VISITOR MATERIAL AND CONDUCT |
| 7.1 | Other than personally identifiable information, which is
covered under the
privacy policy, any material you transmit or post to this Website
will be considered non-confidential and non-proprietary. We will have no
obligations with respect to such material. We and our nominees will be free
to copy, disclose, distribute, incorporate and otherwise use such material
and all data, images, sounds, text and other things embodied therein for any
and all commercial or non-commercial purposes. |
| 7.2 | You are prohibited from posting or transmitting to or from
this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious,
offensive, pornographic, abusive, liable to incite racial hatred,
discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach
of confidence, in breach of privacy or which may cause annoyance or
inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a
criminal offence, give rise to civil liability, or otherwise be contrary to
the law of or infringe the rights of any third party, in the UK or any other
country in the world; or
(d) which is technically harmful (including, without limitation, computer
viruses, logic bombs, Trojan horses, worms, harmful components, corrupted
data or other malicious software or harmful data). |
| 7.3 | You may not misuse the Website (including, without
limitation, by hacking). |
| 7.4 | We will fully co-operate with any law enforcement
authorities or court order requesting or directing us to disclose the
identity or locate anyone posting any material in breach of clauses 7.2 or
7.3. |
| 8. | LINKS TO AND FROM OTHER WEBSITES |
| 8.1 | Links to third party websites on this Website are provided
solely for your convenience. If you use these links, you leave this Website.
We have not reviewed all of these third party websites and do not control
and are not responsible for these websites or their content or availability.
We therefore do not endorse or make any representations about them, or any
material found there, or any results that may be obtained from using them.
If you decide to access any of the third party websites linked to this
Website, you do so entirely at your own risk. |
| 8.2 | If you would like to link to this Website, you may only do
so on the basis that you link to, but do not replicate, the home page of
this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of
the Braybrook Offroad Ltd logo;
(b) you do not create a frame or any other browser or border environment
around this Website;
(c) you do not in any way imply that we are endorsing any products or
services other than our own;
(d) you do not misrepresent your relationship with us nor present any other
false information about us;
(e) you do not otherwise use any Braybrook Offroad Ltd trade marks displayed
on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or
controversial, infringes any intellectual property rights or other rights of
any other person or otherwise does not comply with all applicable laws and
regulations. We expressly reserve the right to revoke the right granted in
this clause 8.2 for breach of these terms and to take any action we deem
appropriate. |
| 8.3 | You shall fully indemnify us for any loss or damage we or
any of our group companies may suffer or incur as a result of your breach of
clause 8.2. |
| 9. | DISCLAIMER |
| 9.1 | While we endeavour to ensure that the information on this
Website is correct, we do not warrant the accuracy and completeness of the
material on this Website. We may make changes to the material on this
Website, or to the products and prices described in it, at any time without
notice. The material on this Website may be out of date, and we make no
commitment to update such material. |
| 9.2 | The material on this Website is provided “as is” without any
conditions, warranties or other terms of any kind. Accordingly, to the
maximum extent permitted by law, we provide you with this Website on the
basis that we exclude all representations, warranties, conditions and other
terms (including, without limitation, the conditions implied by law of
satisfactory quality, fitness for purpose and the use of reasonable care and
skill) which but for these terms and conditions might have effect in
relation to this Website. |
| 10. | LIABILITY |
| 10.1 | We, any other party (whether or not involved in creating,
producing, maintaining or delivering this Website), and any of our group
companies and the officers, directors, employees, shareholders or agents of
any of them, exclude all liability and responsibility for any amount or kind
of loss or damage that may result to you or a third party (including without
limitation, any direct, indirect, punitive or consequential loss or damages,
or any loss of income, profits, goodwill, data, contracts, use of money, or
loss or damages arising from or connected in any way to business
interruption, and whether in tort (including without limitation negligence),
contract or otherwise) in connection with this Website in any way or in
connection with the use, inability to use or the results of use of this
Website, any websites linked to this Website or the material on such
websites, including but not limited to loss or damage due to viruses that
may infect your computer equipment, software, data or other property on
account of your access to, use of, or browsing this Website or your
downloading of any material from this Website or any websites linked to this
Website. |
| 10.2 | Nothing in these terms and conditions shall exclude or
limit our liability for (i) death or personal injury caused by negligence
(as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud;
(iii) misrepresentation as to a fundamental matter; or (iv) any liability
which cannot be excluded or limited under applicable law. |
| 10.3 | If your use of material on this Website results in the need
for servicing, repair or correction of equipment, software or data, you
assume all costs thereof. |
| 10.4 | You agree to indemnify us fully, defend and hold us, and
our officers, directors, employees and agents, harmless from and against all
claims, liability, damages, losses, costs (including reasonable legal fees)
arising out of any breach of the terms and conditions by you, or your use of
this Website, or the use by any other person using your registration
details. |
| 11. | GOVERNING LAW AND JURISDICTION |
| 11.1 | These terms and conditions shall be governed by and
construed in accordance with English law. Disputes arising in connection
with these terms and conditions shall be subject to the exclusive
jurisdiction of the English courts. |
| 11.2 | We do not warrant that materials/items for sale on the
Website are appropriate or available for use outside the United Kingdom. It
is prohibited to access the Website from territories where its contents are
illegal or unlawful. If you access this Website from locations outside the
United Kingdom, you do so at your own risk and you are responsible for
compliance with local laws. |
| 12. | MISCELLANEOUS |
| 12.1 | You may not assign, sub-license or otherwise transfer any
of your rights under these terms and conditions |
| 12.2 | If any provision of these terms and conditions is found by
any court of competent jurisdiction to be invalid, the invalidity of that
provision will not affect the validity of the remaining provisions which
shall continue to have full force and effect. |
| 12.3 | Only the parties to these terms and conditions may seek to
enforce them under the Contracts (Rights of Third Parties) Act 1999. |