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WEBSITE
TERMS AND CONDITIONS
WELCOME TO
THE TRADE OAK LIMITED WEBSITE TERMS AND CONDITIONS FOR USE. THESE TERMS AND
CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT WWW.TRADEOAK.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.TradeOak.com website is operated by:
Trade Oak
Limited, a company registered in England and Wales, whose registered office is at 152 Langley Road, Slough, Berkshire, United Kingdom, SL3 7TG. Our company registration
number is 6012170.
Our
contact details are as follows:
Trading
address: 152 Langley Road,
Slough,
Berkshire,
United Kingdom,
SL3 7TG.
General
email: Sales@TradeOak.com
Telephone
number: 01753548766
Fax number 01753548766
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superseded by expressly designated legal notices or terms located on particular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 All our prices are exclusive of 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.
4. CANCELLATION, REFUND AND RETURNS
POLICY
4.1 If you wish to cancel or refund your
order:
(a) you can notify
us by email to Sales@TradeOak.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 7 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 or damaged.
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 TRADE OAK 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 TRADE OAK 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.TradeOak.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.
10.2 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.
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 or the Republic of Ireland. 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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