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TERMS AND
CONDITIONS
WELCOME TO THE Audicator
Limited WEBSITE TERMS AND CONDITIONS FOR USE.
THESE TERMS AND CONDITIONS APPLY TO THE USE
OF THIS WEBSITE AT www.audicator.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 REGISTER WITH US OR ORDER FROM US.
IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE
THIS WEBSITE.
The www.audicator.com website is operated by:
Audicator Limited, a company registered in England
and Wales, whose registered office is at Modern
Moulds Business Centre, Commerce Way, Lancing,
West Sussex, United Kingdom, BN15 8TA. Our company
registration number is 05984268.
We are not registered for VAT.
Our contact details are as follows:
Trading address: Modern Moulds Business Centre,
Commerce Way,
Lancing,
West Sussex,
United Kingdom,
BN15 8TA.
General email: sales@audicator.com
Telephone number: 01903 851905
Fax number 01903 851907
1. INTRODUCTION
1.1 You will be able
to access most areas of this Website without
registering your details with us. Certain areas
of this Website are only open to you if you
register.
1.2 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of these terms and conditions may be superseded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 send you an order
acknowledgement, detailing the products you
have ordered.
2.2 Our acceptance of an order takes place when
we despatch the order. We will send you a despatch
confirmation by email. When we despatch the
order the purchase contract will be made even
if your payment has been processed immediately,
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 Our prices do not include VAT as we are
not registered for VAT.
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 19/02/2007.
3a.
TITLE
AND DELIVERY
3a.1
Ownership or Title to the product shall not
pass to the buyer until the company has received
payment in full. In the event that sums owing
in respect of other items ordered remain due,
apportionment by this company shall take place
without prejudice to the right to retain title
or ownership in respect of all goods ordered.
3a.2
Deliveries are normally made within 3-5 days.
Delivery times are approximate and time shall
not be of the essence. The buyer agrees to give
20 days in any written notice making time of
the essence, such notice to commence subsequent
to the last time for delivery quoted by the
Company. The Buyer further agrees to accept
full liability in respect of delayed or late
delivery or dispatch prior to the expiry of
any such notice. In respect of special order
goods, the buyer acknowledges that further delays
may occur and allows the company 30 days in
any written notice, such notice to commence
subsequent to the last time for delivery quoted
by the Company. In any event, delivery times
are approximate and variable. When delivery
is effected to the purchaser directly or to
an independent delivery contractor as agent
for the purchaser, risk shall pass to the buyer
immediately.
3a.3
The Buyer is required to notify the company,
in writing, of any shortage, misdelivery or
other discrepancy immediately, or at the latest
within seven days of such shortage, misdelivery
or failure, thereafter the buyer shall be liable
for any such discrepancy. Where delivery is
effected to the buyers own independent delivery
contractor, loss or damage in transit claims
should be made directly to the carrier. The
company will assist purchasers in making their
claim. Buyers should retain all packaging in
the event of a claim or return within the terms
of this agreement.
3a.4
Delivery and packing prices indicated within
the Companies Brochures and Internet Site are
subject to change and will be confirmed at the
time of order. Buyers outside the United Kingdom
and Europe shall be quoted approximate prices
for delivery and packing prior to order confirmation.
If required the Company shall quote for delivery
and packing in such instances and confirmation
of acceptance shall be required from the Buyer
prior to acceptance of order.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order:
(a) you can notify us by email to sales@audicator.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
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 [INSERT
HYPERLINK], 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 Audicator
Limited 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 Audicator Limited
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. REGISTRATION
9.1 To register with www.audicator.com you must
be over eighteen years of age.
9.2 Each registration is for a single user only.
We do not permit you to share your user name
and password with any other person nor with
multiple users on a network.
9.3 Responsibility for the security of any passwords
issued rests with you and if you know or suspect
that someone else knows your password, you should
contact us immediately.
9.4 We may suspend or cancel your registration
immediately at our reasonable discretion or
if you breach any of your obligations under
these terms and conditions.
10. DISCLAIMER
10.1 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.
10.2 The material on this Website is provided
€śas is€ť 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.
11. LIABILITY
11.1 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.
11.2 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.
11.3 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.
11.4 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.
12. GOVERNING LAW AND JURISDICTION
12.1 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.
12.2 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.
13. MISCELLANEOUS
13.1 You may not assign, sub-license or otherwise
transfer any of your rights under these terms
and conditions
13.2 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.
13.3 Only the parties to these terms and conditions
may seek to enforce them under the Contracts
(Rights of Third Parties) Act 1999.
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