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Terms and
Conditions This
legal notice applies to all purchases made by you through the website under the
domain name www.crabbag.co.uk (“the Website”). By
offering to purchase products through the Website you are entering into an
agreement on the terms and conditions set out below with J Haley trading as
CrabBag (“CB”). CB’s business address is at 4 Capstan Road, London SE8 3RE. These terms and conditions of sale are additional to and not a substitute for the general Website Terms and Conditions of Use of the Website which can be found below. These
terms include a provision limiting CB's liability to you at Clause 7. These terms and
conditions are only available in English. 1. Products Specifications of the
products to be supplied by CB on the Website are not intended to be binding and
are intended only to give a general description of the products. CB warrants that it has
the right to supply all products offered by it on the Website and that the
products will substantially comply with their description. All products are provided
on an "as is" and "as available" basis. To the maximum
extent permissible, CB makes no other warranties or promises about the products,
and any implied warranties are excluded 2.
Availability, Prices and Information CB does not promise that
products are necessarily available, and all products are offered for sale
subject to availability. The price of the products shall be the price listed on
the Website on the date of your order exclusive of delivery charges which are
payable by you. All prices displayed on the Website are quoted in UK Pounds
Sterling and must be paid in full, including delivery charges, except where
discounts are offered as detailed on the Website. 3. Ordering
on the Website Once you click on the
"Confirm Order" button CB will treat the order as an offer by you to
purchase the products subject to these terms and conditions of sale. You are
responsible for ensuring the accuracy of your order. If CB accepts your offer
it shall confirm each order on-line via the internet and CB’s confirmation of
the order shall be CB's acceptance of the contract between the parties. The terms of your order
will not be filed electronically and will not be made available to you on
request so you should print off and retain CB’s confirmation of the order for
your records. 4. Personal
Data CB will process your
personal data in accordance with applicable data protection legislation. Any
personal data that is provided to CB in the course of any transaction with you
(with the exception of any credit card details which shall be kept confidential)
shall be processed in accordance with Clause 6 of CB's general terms and
conditions of use of the Website which can be found below.
Please note that by submitting your personal data to us you are agreeing that we
may share it with other businesses that we have carefully chosen because we
believe that you may be interested to hear about the products and services that
they have to offer. 5. Delivery
All products will be delivered to the address that you indicate when you
complete the “Checkout” page of the Website and risk of damage to or loss of
the products shall pass to you at the time of delivery even if the products have
not been received by you in person. Any times quoted for
delivery are approximate only and CB shall not be liable for any delay in
delivery of the products howsoever caused. 6.
Cancellation and Returns CB wants you to be
totally satisfied with the products that it provides to you so our general rule
is that if you would like to cancel your order and return the products you may
do so at any point within 14
DAYS after receiving them (enclosing a copy of your order
confirmation/receipt and your reasons for returning the product). However, a
longer period may apply from time to time where this is expressly stated on the
Website. The cancellation policy
detailed above will not apply if the fault arises from fair wear and tear in our
reasonable opinion, deliberate damage, accidental damage, negligence, abnormal
working conditions, failure to follow manufacturer instructions, misuse or
alteration or repair of the goods without CB's approval. CB will confirm any
cancellation by email and will repay to you the cost of the products within 14
days from receipt of your cancellation or, if requested by you, replace the item
with an identical or similar product. In order to obtain the refund the
goods must be returned to us at the business address stated above. We will not refund the
postage costs of delivery or return unless the products are faulty or we have
provided substitute products (the original products ordered having become
unavailable). None of this affects your
rights to claim for defective or faulty goods or workmanship under the Sale of
Goods Act 1979 (as amended) or the Supply of Goods and Services Act 1982. 7. Limitation
of Liability CB's liability to you is
limited to refunding the price of the products as provided for in Clause 6. CB
is not responsible to you to any greater extent and in particular is not liable
to you for any indirect or consequential loss (including without limitation
financial loss such as loss of profit, or otherwise) that you may incur as a
consequence of its failure to comply with these terms and conditions of sale.
For the avoidance of
doubt nothing in these terms and conditions of sale shall serve to exclude or
limit CB's liability in respect of death or personal injury caused by CB's
negligence or the negligence of its officers or employees. 8. Changes to
the Terms and Conditions of Sale Our terms and conditions
of sale may be changed. Please review them regularly. If you continue to
use the Website after a change has been made you are deemed to have accepted it.
9.
Overseas Customers All charges shown on the
Website are in Pounds Sterling. If you are placing an order from outside of the
UK your card issuer may convert the charge into your local currency. This Website and these
terms and conditions have been designed for use within the UK. Whilst CB
will consider orders from outside the UK, CB give no warranty, express or
implied, that the Website or the placing of any order through the Website from
outside the UK complies with any applicable non-UK laws or regulations.
Accordingly, any sales or services not permitted under your local law are not
offered to you. Furthermore, CB reserves the right to refuse any order at its
discretion from overseas customers and it will have no obligation to provide you
with any reasons for refusing an order. 10. Law and
Jurisdiction These terms and
conditions of sale shall be governed by and construed in accordance with the
laws of England and Wales. Any disputes arising in relation to the Website
or these terms and conditions shall be subject to the exclusive jurisdiction of
the courts of England and Wales. If any of these terms or
conditions of sale should be determined to be illegal, invalid or otherwise
unenforceable, it shall be deemed deleted and the remaining terms and conditions
shall survive and continue to be binding and enforceable. Website
Terms and Conditions of Use The home page and the sub-domain pages of the website under the domain name www.crabbag.co.uk (“the Website”) are operated by Diver Limited (“CB”). All copyright and other
rights that subsist in the Website are owned by CB. In consideration of CB allowing you to access the
pages of the Website you are deemed to accept the following terms and conditions
of use. Please read them carefully. If you do not accept these terms and
conditions of use, do not use the Website. 1.
Subject to what is said below material from the Website may be downloaded,
viewed, listened to (where appropriate), printed, copied on the hard disk of
your computer (but not photocopied) and used for your own personal,
non-commercial purposes as a personal information or consumer retail resource in
good faith only. Any other type of use requires the prior written agreement
of CB. 2. You
agree not to use the Website: ·
to
create a database (electronic or otherwise) that includes material downloaded or
otherwise obtained from the Website except where expressly permitted on the
Website ·
to
transmit or re-circulate any material obtained from the Website to any third
party except where expressly permitted on the Website ·
in
such a way so as to remove the copyright or trade mark notice(s) from any copies
of any material made in accordance with these terms ·
to
upload, post, email or otherwise transmit any content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libellous, invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable ·
to
upload, post, email or otherwise transmit any unsolicited or unauthorised
advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of
solicitation ·
upload,
post, email or otherwise transmit any material that contains software viruses or
any other computer code, files or programs designed to interrupt, damage,
destroy or limit the functionality of any computer software or hardware or
telecommunications equipment or ·
in any
way that might infringe third party rights or that might bring CB into
disrepute. 3.
The copyright, and other rights, in some of the material appearing on or
in the Website may belong to third parties. You may not (save as allowed in
these terms and conditions) copy, reproduce, transmit or distribute any such
material without the licence or permission of the author and you agree to pay
any costs or expenses incurred by CB which may arise as a result of your failure
to obtain such licence or permission. 4.
Whilst every effort has been taken to ensure the accuracy of the information, it
has been provided from a number of sources and CB does not accept any liability
for this information. It is the responsibility of users to check the
accuracy of relevant facts and opinions given on the Website before entering
into any commitment based upon them. 5. Any
material downloaded or otherwise obtained through the use of the Website is done
at your own discretion and risk and that you will be solely responsible for any
damage to your computer system or loss of data that results from the download of
any such material. 6.
Where you are required to provide personal data to CB you agree to provide true,
accurate, current and complete information. CB is registered under, and will
process your personal data in accordance with, data protection legislation. You
hereby agree that the personal data that you provide to CB may be processed by
CB for the purposes of: ·
processing
your requests and orders ·
providing
you with information by email or other means ·
providing
you with information about products and services of CB or other parties ·
providing
a personalised service ·
maintaining
accounts and records ·
statistical
analysis and conducting market research surveys ·
assessing
and evaluating the use that is being made of the Website ·
information
and databank compilation and administration. We
may also share your personal data with other businesses that we have carefully
chosen because we believe that you may be interested to hear about the products
and services that they have to offer. This processing of your
personal data may involve CB disclosing your details to regulatory bodies and/or
other third parties. You also consent to the transfer, storage and processing of
your personal data to/in countries outside the European Economic Area (notably
the USA and Canada). Your Personal Data may therefore be processed in countries
where the rights and benefits conferred on data subjects may not be as
favourable as in the UK and the European Union. 7. A
cookie is a text-only string of information that a website transfers to the
cookie file of the browser on your computer's hard disk so that the website can
remember who you are. A cookie will typically contain the name of the domain
from which the cookie has come, the "lifetime" of the cookie, and a
value, usually a randomly generated unique number. When you
visit the Website CB may send you a cookie. Cookies may be used in the following
ways: ·
to
help CB recognise you as a unique visitor (just a number) when you return to the
Website and to allow it to tailor content or advertisements to match your
preferred interests or to avoid showing you the same adverts repeatedly ·
to
compile anonymous, aggregated statistics that allow CB to understand how users
use the Website and to help it improve the structure of the Website (CB cannot
identify you personally in this way). You have the ability to
accept or decline cookies by modifying the settings in your browser. However,
you may not be able to use all the features of the Website if cookies are
disabled. If you want to find out more about how to disable cookies please see
this external third party website: http://www.allaboutcookies.org/manage-cookies/. 8. CB
can not guarantee that your use of the Website will be free from error and/or
uninterrupted. CB shall not be liable for any damages including, but not
limited to, indirect or consequential damages, damages for loss of opportunity
or chance, or any damages whatsoever arising from use or loss of use, data, or
profits, whether in contract, negligence or other tortious action, arising out
of, or in connection with the Website or any other Internet sites. 9. The
Website may contain material (including, but not limited to, advertisements)
posted by third parties. Individual users and advertisers are solely
responsible for the content of advertising and other material which they submit
to the Website and for ensuring that such content complies with all relevant
legislation. CB accepts no responsibility for the content of material
submitted by third parties, including, without limitation, any error, omission
or inaccuracy therein. 10.
Save unless otherwise stated, no warranty whatsoever is given as to any
goods or services purchased, obtained or offered to you through use of the
Website, whether accessed directly or otherwise, and no liability is accepted by
CB in relation to any contract entered into by you with any third party on or by
means of the Website. 11.
The Website may contain links to external websites. These links are
included to give users the opportunity to access other pages that it is felt may
be of assistance to them. CB is not responsible for the content of these
Internet sites. 12.
Whilst effort has been taken to
ensure that the Website is free from viruses, no warranties are given that it is
free from viruses and users are responsible for ensuring that they have
installed adequate virus checking software. CB shall not be liable for
any viruses or any other computer code, files or programs designed to interrupt,
restrict, destroy, limit the functionality of or compromise the integrity of the
Website or any hardware on which it is hosted. 13.
The names, images and logos identifying CB or third parties and their
products and services, are proprietary marks. Any use made of these marks may be
an infringement of rights in those marks and all rights to enforce such rights
are reserved. 14.
Nothing in these terms serves to exclude or limit liability for death or
personal injury arising from negligence or any liability which is otherwise
prohibited from being excluded by law. 15.
These terms may be varied from time to time. Please ensure that you
review these terms regularly as you will be deemed to have accepted a variation
if you continue to use the Website after a variation has been posted. 16.
If any of these terms should be determined to be illegal, invalid or
otherwise unenforceable, it shall be severed and deleted from these terms and
the remaining terms shall survive, remain in full force and effect and continue
to be binding and enforceable. 17.
This Website has been designed for use within the UK. Whilst users
from outside the UK are free to view this Website, CB does not give any
warranty, express or implied, that viewing or using the Website from outside the
UK complies with any applicable non-UK laws or regulations. 18.
These terms shall be governed by and construed in accordance with the
laws of England and Wales. Any disputes arising from matters relating to
the Website shall be exclusively subject to the jurisdiction of the courts of
England and Wales.
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