Terms
& Conditions for ordering from Incense-Direct.co.uk
THESE TERMS
AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT http://www.incense-direct.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.
The website http://www.incense-direct.co.uk is operated by:
Incense Online Ltd, a company registered in England and Wales, whose registered
office is at 24 Marston Road, Thame, Oxfordshire, United Kingdom, OX9 3YG. Our
company registration number is 4688379. We are registered for VAT, registration
number 902 3000 95 .
Our contact details are as follows:
Trading address:
24 Marston Road,
Thame,
Oxfordshire,
United Kingdom,
OX9 3YG.
General email: sales@incense-direct.co.uk
Telephone number: 08456 380 830 (local rate) or: 01844 213
575
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provisions of these terms and conditions may be superseded by expressly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 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. 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.
2.4 We are deemed to have
fulfilled our contractual obligations to you once we despatch your order. We are
not legally responsible for any order which is delayed, lost or damaged in
transit, unless delivery is via our own transport.
3. PRICING
3.1 All prices shown are in GB Pounds (£ Sterling).
3.2 Our prices include VAT at the current rate.
3.3 Our prices include packing, carriage and other relevant charges for delivery
within the United Kingdom.
3.4 Our minimum acceptable order value is £15.
3.5 We do not despatch goods to addresses outside the United Kingdom.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order:
(a) you can notify us by email to sales@incense-direct.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 14 days of receipt for a 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, less the postage costs we have incurred.
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, 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
Incense Direct 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 Incense Direct 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.