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WELCOME TO ONE OF A KIND
WEBSITE TERMS AND CONDITIONS FOR USE.
THESE TERMS AND CONDITIONS APPLY TOTHE USE OF THIS WEBSITE AT http://www.oneofakind.org.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 WHETHEROR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPTTHESE TERMS, PLEASE DO NOT USE THIS WEBSITE.
This website is operated by: Alison Amos. I am not registered for VAT.
1. INTRODUCTION
1.1 You will be able to access most areas of this Website without registeringyour details with us. You may place anorder without creating a user account.
1.2 We may revise these terms andconditions at any time by updating this posting. You should check this Websitefrom time to time to review the then current terms and conditions, because theyare binding on you. Certain provisions of these terms and conditions may besuperseded by expressly designated legal notices or terms located on particularpages of this Website. If you do not wish to accept any new terms andconditions after we have given notice, you should not continue to use thisWebsite.
2. ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via our onlinecheckout process. As part of our checkout process you will be given theopportunity to check your order and to correct any errors. We will send you anorder acknowledgement, detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we change the order status topending. We will send you a despatch confirmation by email. When we despatch the order the purchase contract will be made even if yourpayment has been processed immediately, unless we have notified you that we donot accept your order or you have cancelled your order.
2.3 We may refuse to accept an order:
- where goods are not available;
- where we cannot obtain authorisation for your payment;
- if there has been a pricing or product descriptionerror; or
- if you do not meet any eligibility criteria set out inour terms and conditions.
3. PRICING
3.1 Our prices do not include VAT as we are not registered for VAT.
3.2 Where we charge separately for packing, carriage and insurance and otherrelevant charges, the appropriate rates are set out in our specified pricingstructure 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:
- you can notify us by email to alison@oneofakind.org.ukbefore we have dispatched the goods to you;
or
- where goods have already been dispatched to you, byreturning goods to us in accordance with clause 4.2 below.
4.2 You can return goods you haveordered from us for any reason at any time within 14 days of receipt for a fullrefund 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
These provisions do not affect yourstatutory rights.
5. LICENCE
5.1 You are permitted to print and download extracts from this Website for yourown use on the following basis:
- no documents or related graphics on this Website aremodified in any way;
- no graphics on this Website are used separately fromaccompanying text;
and
- any of our copyright and trade mark notices and thispermission notice appear in all copies.
5.2 Unless otherwise stated, thecopyright and other intellectual property rights in all material on thisWebsite (including without limitation photographs and graphical images) areowned 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 5.1above for any purpose is prohibited. If you breach any of the terms in theseterms and conditions, your permission to use this Website automaticallyterminates and you must immediately destroy any downloaded or printed extractsfrom this Website.
5.3 Subject to clause 5.1, no part of this Website may be reproduced or storedin any other website or included in any public or private electronic retrievalsystem or service without our prior 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 24hours a day, we will not be liable if for any reason this Website isunavailable at any time or for any period.
6.2 Access to this Website may be suspended temporarily and without notice inthe case of system failure, maintenance or repair or for reasons beyond ourcontrol.
7. VISITOR MATERIAL AND CONDUCT
7.1 Other than personally identifiable information, which is covered under theprivacy notice, any material you transmit or post to this Website will beconsidered non-confidential and non-proprietary. We will have no obligationswith 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 allcommercial or non-commercial purposes.
7.2 You are prohibited from posting or transmitting to or from this Website anymaterial:
- that is threatening, defamatory, obscene, indecent,seditious, offensive, pornographic, abusive, liable to incite racialhatred, discriminatory, menacing, scandalous, inflammatory, blasphemous,in breach of confidence, in breach of privacy or which may cause annoyanceor inconvenience;
- for which you have not obtained all necessary licencesand/or approvals;
- which constitutes or encourages conduct that would beconsidered a criminal offence, give rise to civil liability, or otherwisebe contrary to the law of or infringe the rights of any third party, inthe UK or any other country in the world;
or
- which is technically harmful (including, withoutlimitation, computer viruses, logic bombs, Trojan horses, worms, harmfulcomponents, 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 courtorder requesting or directing us to disclose the identity or locate anyoneposting 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 notreviewed all of these third party websites and do not control and are notresponsible for these websites or their content or availability. We thereforedo not endorse or make any representations about them, or any material foundthere, or any results that may be obtained from using them. If you decide toaccess any of the third party websites linked to this Website, you do soentirely at your own risk.
8.2 If you would like to link to this Website, you may only do so on the basisthat you link to, but do not replicate, the home page of this Website, andsubject to the following conditions:
- you do not remove, distort or otherwise alter the sizeor appearance of the website;
- you do not create a frame or any other browser orborder environment around this Website;
- you do not in any way imply that we are endorsing anyproducts or services other than our own;
- you do not misrepresent your relationship with us norpresent any other false information about us;
- you do not otherwise use any One of a Kind trade marksdisplayed on this Website without our express written permission;
- you do not link from a website that is not owned byyou;
and
- your website does not contain content that isdistasteful, offensive or controversial, infringes any intellectualproperty rights or other rights of any other person or otherwise does notcomply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause8.2 for breach of these terms and to take any action we deem appropriate.
8.3 You shall fully indemnify us forany loss or damage we may suffer or incur as a result of your breach of clause8.2.
9. REGISTRATION
9.1 To register with One of a Kind you must be over eighteen years of age.
9.2 Each registration is for a single user only. We do not permit you to shareyour user name and password with any other person nor with multiple users on anetwork.
9.3 Responsibility for the security of any passwords issued rests with you andif you know or suspect that someone else knows your password, you shouldcontact us immediately.
9.4 We may suspend or cancel your registration immediately at our reasonablediscretion or if you breach any of your obligations under these terms andconditions.
10. DISCLAIMER
10.1 While we endeavour to ensure that the information on this Website iscorrect, we do not warrant the accuracy and completeness of the material onthis Website. We may make changes to the material on this Website, or to theproducts and prices described in it, at any time without notice. The materialon this Website may be out of date, and we make no commitment to update suchmaterial.
10.2 The material on this Website is provided without any conditions,warranties or other terms of any kind. Accordingly, to the maximum extentpermitted by law, we provide you with this Website on the basis that we excludeall representations, warranties, conditions and other terms (including, withoutlimitation, the conditions implied by law of satisfactory quality, fitness forpurpose and the use of reasonable care and skill) which but for these terms andconditions 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 employees or agents of any ofthem, exclude all liability and responsibility for any amount or kind of lossor 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 ofincome, profits, goodwill, data, contracts, use of money, or loss or damagesarising from or connected in any way to business interruption, and whether intort (including without limitation negligence), contract or otherwise) inconnection 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 tothis Website or the material on such websites, including but not limited toloss or damage due to viruses that may infect your computer equipment,software, data or other property on account of your access to, use of, orbrowsing this Website or your downloading of any material from this Website orany websites linked to this Website.
11.2 Nothing in these terms and conditions shall exclude or limit our liabilityfor
- death or personal injury caused by negligence (as suchterm is defined by the Unfair Contract Terms Act 1977);
- fraud;
- misrepresentation as to a fundamental matter; or (iv)any liability which cannot be excluded or limited under applicable law.
11.3 Ifyour use of material on this Website results in the need for servicing, repairor 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 outof 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 inaccordance with English law. Disputes arising in connection with these termsand conditions shall be subject to the exclusive jurisdiction of the Englishcourts.
12.2 We do not warrant that materials/items for sale on the Website areappropriate or available for use outside the United Kingdom. It is prohibitedto access the Website from territories where its contents are illegal orunlawful. 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 locallaws.
13. MISCELLANEOUS
13.1 You may not assign, sub-license or otherwise transfer any of your rightsunder these terms and conditions
13.2 If any provision of these terms and conditions is found by any court ofcompetent jurisdiction to be invalid, the invalidity of that provision will notaffect the validity of the remaining provisions which shall continue to havefull force and effect.
13.3 Only the parties to these terms and conditions may seek to enforce themunder the Contracts (Rights of Third Parties) Act 1999. |
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