General Terms & Conditions
1. Use of the Website
2.2. Membership is for a single user only. On registration, you will be allocated a user name and password (“ID”). You are responsible for all use of the membership areas of the Website using your ID and for preventing unauthorised use of your ID.
2.4. The Company is continually seeking to improve the Website. The Company reserves the right, at its discretion, to make changes to any part of the Website provided that it does not materially reduce its content or functionality.
2.5. Following your acceptance of this agreement, we will make the membership areas of the Website available to you and except as set out in this agreement you will have no right to cancel the contract before the end of your Subscription once we have done so.
3. Limited Rights to Use Content
3.1. All material displayed on the Website (“Content”) belongs to the Company or its licensors. Subject to clause 2.2 you may:
3.1.1. retrieve and display the Content on a computer screen;
3.1.2. print individual pages on paper and store such pages in electronic form on disk and on your PC for your own personal and non-commercial use (but not on any other server or other storage device connected to an external network); and
3.1.3. bookmark or link to any part of the Website.
3.2. You may not (without the Company’s express prior written permission):
3.2.1. redistribute any of the Content (including by using it as part of any library, archive or similar service);
3.2.2. remove the copyright or trade mark notice from any copies of the Content made under this agreement;
3.2.3. create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content; or
3.2.4. except as expressly set out above, modify, reproduce or in any way commercially exploit any of the Content.
3.3. Copyright in any software that is made available for download (“Software”) belongs to the Company or its suppliers as the case may be. Your use of the Software is governed by the terms of any licence agreement that may accompany or be included with the Software.
4. Membership Fees
4.1. The fee for your membership (“Membership Fee”) is calculated and payable at such times as agreed at the start of your membership in advance by such method of payment as the Company reasonably requests. Your first payment is due on the start of your membership. The Company shall be under no obligation to provide access to membership areas of the Website until the Membership Fee has been paid.
4.2. Your Membership will automatically continue after your initial period ends, unless the Company is notified in advance. If you continue with your membership after your initial period, you will be charged the same fee as for your initial period for the same period of membership.
4.3. If at any time during your membership there should be a rise in price, we will give you at lease six weeks’ notice in advance to give you time to decide whether you wish to continue. If you do not wish to continue you should let us know during the period of six weeks’ notice and we shall cancel your subscription.
We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the Website. Any material changes will be notified to you via a suitable announcement on the Website. The changes will apply to the use of the Website after we have given notice. If you do not wish to accept the new Terms and Conditions you must notify us in writing and cease to use the Website. If you fail to notify us accordingly and/or continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms and Conditions.
6.1. Any order you make from us is an offer to buy from us. There will be no contract of any kind between you and the Company unless and until we actually dispatch the goods to you. At any point up until then, we may decline to supply the goods to you without giving any reason. At the moment that the goods are dispatched, a contract will be made between you and the Company, and you will be charged for the goods.
6.2. The prices payable for the items that you order and the price of delivery are clearly set out on the Website. If, by mistake, we have under-priced an item or the price of delivery, we will not be liable to supply that item to you at the stated price provided that we notify you before we dispatch the item concerned.
6.3. All prices are expressed inclusive of any VAT payable unless otherwise stated.
6.4. Your credit/ debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of placing your order.
If for any reason we are unable to supply a particular item, we will not be liable to you except to ensure that you are not charged for that item. Please note that we will attempt to deliver substitute lines should selected lines be unavailable unless you request us not to do so.
8. No Commercial Use
The online store is available for non-commercial and domestic use only. The Company reserves the right to refuse orders from businesses or orders that we consider are for commercial or other non-domestic concerns.
9.1. Delivery will be made to the address specified by you on the completed order form.
9.2. We will deliver your order to the main entrance of the delivery address.
9.3. Delivery dates may be estimated to you at the time of placing your order. Goods must be signed for where applicable. Whilst we make reasonable effort to deliver all your goods at the estimated date (where applicable), we will not be liable to you for any loss or damage, whether direct, indirect or consequential if delivery is delayed or prevented, in whole or in part. The time of delivery shall not be of the essence unless otherwise agreed in writing.
10. Title and Risk
10.1. Risk in items purchased will pass to you on delivery.
10.2. Notwithstanding delivery of the items delivered to you title in any items purchased will not pass until all sums due to the Company from you have been paid in full.
11. Returns of Non-perishable Items
11.2. You will be responsible for the cost of returning any item to us unless the item is defective or we have delivered the item to you in error or as a substitute. The item should be returned to us in its original condition. If we do not receive the item back from you we may arrange for collection of the item from you at your cost.
11.3. When we receive notice of cancellation of your contract for any item, we will refund the price paid by you for that item or at your request if the item is defective will repair the item or supply you with a replacement item. We will not refund the delivery charge for sending the item to you unless you are returning an entire order.
11.4. You may not cancel the contract if the goods you have ordered are newspapers or magazines or if you have taken any audio or video recording or computer software out of the sealed package in which it was delivered to you.
12. Cancellation and changes prior to delivery
13. Your use of the Website
13.1. You may not use the Website for any of the following purposes:
13.1.1. disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
13.1.2. transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
13.1.3. interfering with any other person’s use or enjoyment of the Website; or
13.1.4. making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
13.2. You will be responsible for our losses and costs resulting from your breach of this clause 13.
14. Availability of the Website
14.2. Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
15. Editing Material
15.1. The Website allows you to submit material for inclusion on the Website. Whilst the Company does not control the submission of material, we do reserve the right to delete, move and edit any material submitted. Publication will be at our discretion.
16. Restricted Material
16.1. You are solely responsible for the material you submit to the Website and by submitting any material you agree to follow these rules. You may not submit any material which:
16.1.1. advertises or promotes any goods or services;
16.1.2. reveals any confidential or sensitive information;
16.1.3. contains or links to any unlawful, threatening, abusive, defamatory or indecent material or material which is deliberately intended or may reasonably be expected to upset other users;
16.1.4. contains any material which you do not have permission to use (including material which may be protected by copyright, trade marks, database rights or any other form of intellectual property right);
16.1.5. contains viruses or any other components with harmful or contaminating effects on the Website or any equipment connected to it; or
16.1.6. impersonates any living person.
16.2. The Website offers you a forum to submit material and you agree to be responsible for all the Company’s losses arising out any breach by you of these rules.
17. Licence to Use Material
By submitting material to the Website you are granting the Company a perpetual royalty-free non-exclusive licence to reproduce, modify, translate, make available, distribute and allow others to use any material you submit in whole or in part or in any form.
The Website contains material submitted by others over which the Company has no control. We have asked all users to follow these rules but cannot guarantee the accuracy, integrity or quality of other material. We do not endorse any of the material published by any others on the Website.
19. The Company’s Right to Suspend, Cancel or Terminate
19.1. We may suspend or cancel your access immediately at our discretion or if you breach any of your obligations under these Terms and Conditions.
19.2. This agreement, your membership and access to the Website may be terminated forthwith by written notice if you are in material breach of this agreement and the breach if capable of remedy is not remedied within the period of 14 days after written notice of the breach has been given to you. If we reasonably believe you are in breach of clause 3 we may suspend your access to the Website at any time without notice.
19.3. You may terminate your membership to the Website and receive a pro-rata refund (where applicable) if the Website is discontinued or if we are in material breach of this agreement and the breach if capable of remedy is not remedied within the period of 14 days after written notice of the breach has been given to us.
19.4. The suspension or cancellation of your membership and your right to use the Website shall not affect either party’s statutory rights or liabilities.
20. The Company’s Liability
20.1. The Website provides content from other Internet sites or resources and while the Company tries to ensure that material included on the Website is correct, reputable and of high quality, it does not make any warranties or guarantees in relation to that content. If the Company is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
20.2. The Company will use its reasonable endeavours to remedy faults in the Website. If we are in breach of this agreement, you agree that your only recovery for damages that you incur, and your exclusive remedy, shall be limited to an amount equivalent to the Membership Fee paid or payable in relation to your use of the Website for the relevant year.
20.3. If we are in breach of these Terms & Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you use the Website. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
20.4. This clause 20 shall not limit or affect our liability resulting from any products sold through the Website being found to be unsafe or if something we do negligently causes death or personal injury.
21. Dating Agency Terms
The dating agency contained in the Website is run by loveandfriends.com and the terms and conditions of loveandfriends.com apply to your use of the dating agency. The Company is not responsible and shall not be liable for content or availability of the dating agency.
22. Third Party Websites
As a convenience to customers, the Website includes links to other web sites or material which are beyond its control. The Company is not responsible and shall not be liable for content or availability on any site outside the Website.
23. Advertising and Sponsorship
Part of the Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
24. Competition Rules
24.2. The winner may be announced on the Website and the winner will be notified personally as soon as practicable.
24.3. The competition is open to all UK residents of 18 or over as at the start date of the competition, except those who at any time between the start date and the date on which the winner is selected (inclusive) are employees of the Company, any of its wholly owned subsidiaries or any marketing services agency, handling house or other company involved directly with the administration of this competition, or any member of their households.
24.4. There is a limit of one entry per household. Responsibility cannot be accepted for entries lost, or delayed. Proof of sending an email will not be accepted as proof of receipt. Correspondence will be entered into only at the absolute discretion of the Company.
24.5. The winning entry will be that which has correctly answered the questions in the entry form or which in the Company’s opinion is the most apt and in the case of a tie break in the Company’s opinion has been completed in the most witty, apt and amusing way. The Company’s decision will be final.
24.6. The Company may in its absolute discretion substitute cash value for the prize or offer an alternative prize of equal or greater value.
24.7. Entrants accept that, if they win, the Company will have the right, without additional payment or permission, to use their name, age, town of residence and likeness for the purposes of announcing the winner of this competition and for related promotional purposes.
24.8. All entries will become the property of the Company on its receipt of them. Entrants hereby assign to the Company all worldwide copyright and like rights in their entries and waive all moral rights.
26. Applicable Law
These Terms and Conditions will be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.
27. International Use
We make no promise that materials on the Website are appropriate or available for use in locations outside the United Kingdom, and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do soon your own initiative and are responsible for compliance with local laws.
28. Force Majeure
The Company shall not be liable to you for any loss or damage caused to or suffered by you as a direct or indirect result of your use of the Website or the supply of goods by the Company being prevented, restricted, hindered or delayed by reason of any circumstances outside the control of the Company including, without limitation, circumstances affecting the provision of all or any part of the goods by the Company’s usual source of supply or delivery or by the Company’s normal route or means of delivery.
29.2. Notice will be deemed received when an email is received (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
30.1. You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
30.2. If you breach these Terms and Conditions and the Company chooses to ignore this or delay exercising its rights, the Company will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
30.4. The Company shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.
30.5. The Website is owned and operated by the Company whose Company Number is 5909222 and registered office is at The Coach House, Chamberlain Street, Wells, Somerset BA5 2PJ.