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Terms & Conditions
Welcome to the norfolktextiles.co.uk website terms and conditions for use. These terms and
conditions apply to the use of this website at www.norfolktextiles.co.uk. 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.
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
may only be 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superseded by expressly designated legal notices or terms located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 dispatch the
order. We will send you a dispatch confirmation by email. When we
dispatch 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 if
that is the case.
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.
4. Cancellation and Returns Policy
4.1 If you wish to cancel your order: (a) you can notify us by email
to sales@norfolktextiles.co.uk 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 10 days of receipt for a full refund or exchange,
less Post and Packaging/Shipping and Handling costs. 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 for the actual item/s, less P&P/S&H, 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, 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 licenses 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;
(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 norfolktextiles.co.uk 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 norfolktextiles.co.uk 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;
(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 may suffer
or incur as a result of your breach of clause 8.2.
9. Registration
9.1 To register with www.norfolktextiles.co.uk 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) 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 nby 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, 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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