Gatemates - Website Terms and Conditions.
Welcome to the Gatemates website terms and
conditions for use. These terms and conditions apply to the use of
this website at www.gatemates.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.gatemates.com website is operated by GATEMATES.com
· Our
VAT registration number is 280179062
We are not members of any trade associations or
professional bodies.
Our contact details are as follows:
Trading address:
Gatemates.com, PO BOX 2906, STAFFORD, ST16 9GA
General email: info@gatemates.com
Telephone number:
0844-544 7088
Fax number 0844-544
7188
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may be superseded by expressly designated legal notices or terms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 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 30/08/2007.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order:
(a) you can notify us by email to mark@gatemates.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
·
to any products that we have made or customised
specifically for you
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 (See our
Privacy Policy document), 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 GATEMATES 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 GATEMATES
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.gatemates.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
“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. 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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