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Terms & Conditions

BACKGROUND:

This agreement applies as between you, the User of this Web Site and the Company, the owner of the Goods on this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;
“Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;
”Company” means First Brands Limited of 48 School Lane, Western Turville, Aylesbury, Bucks HP22 5SG
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Goods” means any products that the Company advertises and / or makes available for sale through this Web Site;
“Service” means collectively any online facilities, tools, services or information that is made available through the Web Site either now or in the future;
“Order” means the order for Goods placed by you and accepted by the Company subject to these Terms
“Payment Information” means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
“Premises” means our place(s) of business located at 48 School Lane, Western Turville, Aylesbury, Bucks HP22 5SG;
“System” means any online communications infrastructure that is made available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Web Site for the purpose of buying or thinking of buying Goods;
“Web Site” means the website that you are currently using (www.batterycharger-store.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. Age Restrictions

Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

3. Business Customers

These Terms and Conditions do not apply to customers buying Goods in the course of business. IF YOU ARE A BUSINESS CUSTOMER PLEASE DO NOT USE THIS SITE.

4. International Customers

If Goods are being ordered from outside the United Kingdom of Great Britain and Northern Ireland, import duties and taxes may be incurred once your Goods reach their destination. The Company is not responsible for these charges and undertakes to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and the Company cannot guarantee that the packaging of your Goods will be free of signs of tampering.

5. Intellectual Property

5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of the Company or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable English and International intellectual property and other laws and, except as expressly provided, nothing contained herein shall be construed as creating any license or right under intellectual property rights.

5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by the Company or other relevant third parties.

6. Third Party Intellectual Property

6.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

6.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.

7. Fair Use of Intellectual Property

Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

8. Links to Other Web Sites

This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of the Company or that of our affiliates or relevant third parties. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

9. Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.batterycharger-store.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of the Company or relevant third parties.

10. Use of Communications Facilities

10.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:

10.1.1 You must not use obscene or vulgar language;

10.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

10.1.3 You must not submit Content that is intended to promote or incite violence;

10.1.4 It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;

10.1.5 The means by which you identify yourself must not violate these terms of use or any applicable laws;

10.1.6 You must not impersonate other people, particularly employees and representatives of the Company or our affiliates or relevant third parties;

10.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

10.2 You acknowledge that the Company reserves the right to monitor any and all communications made to us or using our System.

10.3 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. You grant us a worldwide, royalty free, irrevocable licence to copy, disclose, distribute, incorporate, publish and otherwise use such material and data for any and all commercial or non-commercial purposes.

11. Accounts

11.1 In order to purchase Goods on this Web Site and to use the online facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:

11.1.1 all information you submit is accurate and truthful;

11.1.2 you have permission to submit Payment Information where permission may be required;

11.1.3 you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

11.2 It is recommended that you do not share your Account details, particularly your username and password. The Company accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

11.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact the Company immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, the Company accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.

11.4 When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.

12. Termination and Cancellation

12.1 Either the Company or you may terminate your Account. If the Company terminates your Account, you will be notified by email and an explanation for the termination may be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

12.2 If the Company terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.

12.3 The Company reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.

12.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.

12.5 If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.

13. Goods, Pricing and Availability

13.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from the Company correspond to the actual Goods, the Company is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.

13.2 Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.

13.3 The Company does not represent or warrant that such Goods will be available. Stock indications are not provided on the Web Site.

13.4 All pricing information on the Web Site is correct at the time of going online. The Company reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed.

13.5 In the event that prices are changed during the period between an order being placed for Goods and the Company processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;

13.6 All prices on the Web Site include VAT at the current rate but exclude postage, packing, insurance and any applicable export duties. Delivery charges are shown separately when ordering and must also be paid in advance.

13.7 Payment shall be made by you by the means specified on the Web Site and shall not be deemed to be made until the Company has received cleared funds in respect of the full amount stated in the Order.

14. Delivery

14.1 The Company will notify you by way of email when your Goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.

14.2 If the Company receives no communication from you within 7 days of delivery regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.

15. Returns Policy

The Company aims to always provide merchantable Goods that are fault free and undamaged. On occasion however, Goods may need to be returned. Returns are governed by these Terms and Conditions.

15.1 If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 10 days to arrange collection and return. The Company is not responsible for paying shipment costs. Provided that the Goods remain in a condition suitable for re-sale, you will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.

15.2 If any Goods you have purchased have faults when they are delivered to you, you should contact the Company within 28 days to arrange collection and return. The Company is not responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

15.3 If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.

15.4 If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to the Company within 10 days and arrange collection and return. The Company is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

15.5 You have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 7 days after the Goods have been delivered. If you change your mind about the goods within this period, please return them to the Company within 7 days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of the Company. You are responsible for paying shipment costs if Goods are returned for this reason.

15.6 If you wish to return Goods to the Company for any of the above reasons, please contact us using the form on the ‘contact us’ page to make the appropriate arrangements.

15.7 The Company reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

15.7.1 Any use or enjoyment that you may have already had out of the Goods;

15.7.2 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase. Such discretion to be exercised only within the confines of the law.

16.    Cancellation of Order by the Company

16.1     The Company reserves the right to cancel any Order in respect of the Goods if:

16.1.1     The Company has insufficient stock to deliver the Goods;

16.1.2     The Company does not deliver to your area or country;

16.1.3     One or more of the Goods you ordered was listed with incorrect product information, price, and/or description for whatever reason; or

16.1.4     The Company has reason to believe that you will fail to pay for the Goods or that you will not comply with these Terms (or any of them).

17. Privacy

Use of the Web Site is also governed by our Privacy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.

18. Disclaimers

18.1 The Company makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

18.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

18.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.

19. Changes to the Service and these Terms and Conditions

The Company reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If the Company is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

20. Availability of the Web Site

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. The Company accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

21. Limitation of Liability

21.1 To the maximum extent permitted by law, the Company accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site, any information contained therein or the Goods. Users should be aware that they use the Web Site and its Content at their own risk.

21.2 Nothing in these Terms and Conditions excludes or restricts the Company’s liability for death or personal injury resulting from any negligence or fraud on the part of the Company.

21.3 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

21.4 Without prejudice to the foregoing, the Company’s total aggregate liability shall not exceed the amount paid by you for the Goods.

22. Events beyond the Company’s control
The Company shall have no liability for any failure to deliver Goods or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond the Company’s reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

23. Entire Agreement
These Terms set out the whole of the agreement relating to the supply of the Goods by the Company to you.

24. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

25. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

26. Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email using the contact form on the site. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

27. Law and Jurisdiction

These terms and conditions and the relationship between you and the Company shall be governed by and construed in accordance with the Law of England and Wales and the Company and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.