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Terms & Conditions
Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.sittingwell.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. Please click on the button marked “I Accept” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1.OUR STATUS By placing an order through our site, you warrant that: (a)You are legally capable of entering into binding contracts; and (b)You are at least 18 years old;
2.HOW THE CONTRACT IS FORMED BETWEEN YOU AND US 2.1After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation. 2.2The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
3.OUR STATUS 3.1Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction. 3.2We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
4.CONSUMER RIGHTS 4.1If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out below). 4.2Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
5.AVAILABILITY AND DELIVERY Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
6.RISK AND TITLE 6.1The Products will be at your risk from the time of delivery. 6.2Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7.PRICE AND PAYMENT 7.1The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. 7.2These prices include VAT but exclude delivery costs, which will be added to the total amount due 7.3Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation. 7.4Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. 7.5We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing. 7.6Payment for all Products must be by credit or debit card. We accept payment with all major credit cards. We will not charge your credit or debit card until we despatch your order.
8.OUR REFUNDS POLICY 8.1When you return a Product to us: (a)because you have cancelled the Contract between us within the thirty-day cooling-off period (see clause above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us. (b)for any other reason (for instance, because you have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. 8.2We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9.OUR LIABILITY 9.1We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. 9.2Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased [and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us]. 9.3This does not include or limit in any way our liability: (a)For death or personal injury caused by our negligence; (b)Under section 2(3) of the Consumer Protection Act 1987; (c)For fraud or fraudulent misrepresentation; or (d)For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. 9.4We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to: (a)loss of income or revenue (b)loss of business (c)loss of profits or contracts (d)loss of anticipated savings (e)loss of data, or (f)waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise , even if foreseeable;provided that this clause 11.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1 or clause 11.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 11.4.
10.IMPORT DUTY 10.1If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. 10.2Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
11.WRITTEN COMMUNICATIONS Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12.NOTICES All notices given by you to us must be given to Sittingwell® Limited of 16 Spring Walk Reading Berkshire RG10 8DX or email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13.TRANSFER OF RIGHTS AND OBLIGATIONS 13.1The contract between you and us is binding on you and us and on our respective successors and assigns. 13.2You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 13.3We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14.EVENTS OUTSIDE OUR CONTROL 14.1We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). 14.2A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a)Strikes, lock-outs or other industrial action. (b)Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. (c)Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. (d)Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. (e)Impossibility of the use of public or private telecommunications networks. (f)The acts, decrees, legislation, regulations or restrictions of any government. 14.3Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.WAIVER 15.1If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. 15.2A waiver by us of any default shall not constitute a waiver of any subsequent default. 15.3No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 (www.practicallaw.com/A above).
16.SEVERABILITY If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17.ENTIRE AGREEMENT We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
18.OUR RIGHT TO VARY THESE TERMS AND CONDITIONS 18.1We have the right to revise and amend these terms and conditions from time to time [to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. 18.2You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
19.LAW AND JURISDICTION Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Terms of Website Use
INFORMATION ABOUT US www.sittingwell.co.uk is a site operated by Sittingwell® Limited (“We”). We are registered in England and Wales under company number 07477148 and have our registered office at 16 Spring Walk Reading Berkshire RG10 8DX. Our VAT number is 107 7641 16. We are a limited company.
RELIANCE ON INFORMATION POSTED Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents. OUR SITE CHANGES REGULARLY We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
OUR LIABILITY The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude: •All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. •Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for: •loss of income or revenue; •loss of business; •loss of profits or contracts; •loss of anticipated savings; •loss of data; •loss of goodwill; •wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
TRANSACTIONS CONCLUDED THROUGH OUR SITE Contracts for the supply of goods and information formed through our site or as a result of visits made by you are governed by our terms and conditions of supply [See document at top of page].
UPLOADING MATERIAL TO OUR SITE Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy [See document below]. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty. Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy [See document below].
VIRUSES, HACKING AND OTHER OFFENCES You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy [see document below]. If you wish to make any use of material on our site other than that set out above, please address your request to firstname.lastname@example.org.
LINKS FROM OUR SITE Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
YOUR CONCERNS If you have any concerns about material which appears on our site, please contact email@example.com
Acceptable Use Policy
This acceptable use policy sets out the terms between you and us under which you may access our website www.sittingwell.co.uk (our site). This acceptable use policy applies to all users of, and visitors to, our site. Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use [See documents above].
www.sittingwell.co.uk is a site operated by Sittingwell® Limited (we or us). We are registered in England and Wales under company number 07477148 and we have our registered office at 16 Spring Walk Reading Berkshire RG10 8DX . Our VAT number is 107 7641 16.
PROHIBITED USES You may use our site only for lawful purposes. You may not use our site: •In any way that breaches any applicable local, national or international law or regulation. •In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. •For the purpose of harming or attempting to harm minors in any way. •To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards •To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam). •To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. You also agree: •Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use [See documents above]. •Not to access without authority, interfere with, damage or disrupt: •any part of our site; •any equipment or network on which our site is stored; •any software used in the provision of our site; or •any equipment or network or software owned or used by any third party.
INTERACTIVE SERVICES We may from time to time provide interactive services on our site, including, without limitation: •Chat rooms. •Bulletin boards. •Blogs. •Facebook. •Twitter. (interactive services). Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
CONTENT STANDARDS These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole. Contributions must: •Be accurate (where they state facts). •Be genuinely held (where they state opinions). •Comply with applicable law in the UK and in any country from which they are posted. Contributions must not: •Contain any material which is defamatory of any person. •Contain any material which is obscene, offensive, hateful or inflammatory. •Promote sexually explicit material. •Promote violence. •Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. •Infringe any copyright, database right or trade mark of any other person. •Be likely to deceive any person. •Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence. •Promote any illegal activity. •Be threatening, abuse or invade another´s privacy, or cause annoyance, inconvenience or needless anxiety. •Be likely to harass, upset, embarrass alarm or annoy any other person. •Be used to impersonate any person, or to misrepresent your identity or affiliation with any person. •Give the impression that they emanate from us, if this is not the case. •Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
CHANGES TO THE ACCEPTABLE USE POLICY We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
Thank you for reading this far and for visiting our site.