We must receive
payment of the whole of the price for the goods that you order before your order
can be accepted. Once payment has been received by us we will confirm that your
order has been accepted by sending an email to you at the email address you
provided in your order form. Our acceptance of your order brings into existence
a legally binding contract between us.
2.
Price
2.1. The
prices payable for goods that you order are as set out in our website.
2.2. You
will be required to pay extra for delivery and it might not be possible for
us to deliver to some locations. Our delivery charges are set out in our website.
3.
Right for you to cancel your Contract
3.1.
You may cancel your contract with us for the goods you order at
any time up to the end of the seventh working day from the date you receive
the ordered goods. You do not need to give us any reason for cancelling your
contract nor will you have to pay any penalty.
3.2. You
cannot cancel your 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.
3.3. To
cancel your contract you must notify us in writing.
3.4. If
you have received the goods before you cancel your contract then [unless,
under clause 3.2., you do not have a right to cancel] you must send the goods
back to our contact address at your own cost and risk. If you cancel your
contract but we have already processed the goods for delivery you must not
unpack the goods when they are received by you and you must send the goods
back to us at our contact address at your own cost and risk as soon as possible.
3.5. Once
you have notified us that you are cancelling your contract, any sum debited
to us from your credit card will be re-credited to your account as soon as
possible and in any event within 30 days of your order PROVIDED THAT the goods
in question are returned by you and received by us in the condition they were
in when delivered to you. If you do not return the goods delivered to you
or do not pay the costs of delivery, we shall be entitled to deduct the direct
costs of recovering the goods from the amount to be re-credited to you.
4.
Cancellation by us
4.1.
We reserve the right to cancel the contract between us if :
4.1.1. we
have insufficient stock to deliver the goods you have ordered;
4.1.2. we
do not deliver in your area; or
4.1.3. one
or more of the goods you ordered was listed at an incorrect price due to a
typographical error or an error in the pricing information received by us
from our suppliers.
4.2. If
we do cancel your contract we will notify you by email and will re-credit your
account any sum deducted by us from your credit card as soon as possible but
in any event within 30 days of your order. We will not be obliged to offer any
additional compensation for disappointment suffered.
5.
Delivery of goods to you
5.1. We
will deliver the goods ordered by you to the address you give us for delivery
at the time you make your order
5.2. Delivery
will be made as soon as possible after your order is accepted and in any event
within 30 days of your order.
5.3. You
will become the owner of the goods you have ordered when they have been delivered
to you. Once goods have been delivered to your they will be held at your own
risk and we will not be liable for their loss or destruction.
6.
Liability
6.1. If
the goods we deliver are not what you ordered or are damaged or defective or
the delivery is of an incorrect quantity, we shall have no liability to you
unless you notify us in writing at our correct address of the problem within
10 working days of the delivery of the goods in question.
6.2.
If you do not receive goods ordered by you within 30 days of the
date on which you ordered them, we shall have no liability to you unless you
notify us in writing at our contact address of the problem within 40 days of
the date on which you ordered the goods.
If you notify
a problem to us under this condition, our only obligation will be at your
option
6.2.1 to
make good any shortage or non delivery;
6.2.2. to
replace or repair any goods that are damaged or defective; or
6.2.3. to
refund you the amount paid by you for the goods in question in whatever way
we choose.
6.3. Save
as precluded by law, we will not be liable to you for any consequential loss,
damage or expenses (including loss of profits, business, or goodwill) howsoever
arising out of any problem you notify to us under this condition and we shall
have no liability to pay any money to you by way of compensation other than
to refund to you the amount by paid by you for the goods in question under clause
6.2(c) above.
6.4. You
must observe and comply with all applicable regulations and legislation including
obtaining all necessary customs, import and other permits to purchase goods
from our site. The importation or exportation of certain of our goods to you
may be prohibited by certain national laws. We make no representation and accept
no liability in respect of the export or import of the goods you purchase.
6.5. Notwithstanding
the foregoing, nothing in these terms and conditions is intended to limit any
rights you might have as a consumer under applicable local law or other statutory
rights that may not be excluded nor in any way to exclude or limit our liability
to you for any death or personal injury resulting from our negligence
7.
Notices
Unless otherwise
expressly stated in these terms and conditions, all notices from you to us must
be in writing and sent to our contact address at [ Carp.com Limited ]
and all notices from us to you will be displayed on our website from time to
time.
8.
Events beyond our control
We shall have no
liability to you for any failure to deliver goods you have ordered or any delay
in doing so or for any damage or defect to goods delivered that is caused by
any event or circumstance beyond our reasonable control including, without limitation,
strikes, lock-outs and other industrial disputes, breakdown of systems or network
access, flood, fire explosion or accident.
9.
Invalidity
If any of these
terms and conditions is unenforceable (including any provision in which we exclude
our liability to you) the enforceability of any other part of these conditions
will not be affected.
10.
Privacy
We acknowledge
and agree to be bound by the terms of our privacy policy.
11.
Third party rights
Except for our
affiliates, directors, employees or representatives, a person who is not a party
to this agreement has no right under the UK Contracts (Rights of Third Parties)
Act 1999 to enforce any terms of this agreement but this does not affect any
right or remedy of a third party that exists or is available apart from that
Act.
12.
Governing law
The contract between
us shall be governed by and interpreted in accordance with English law and the
English courts shall have jurisdiction to resolve any disputes between us.
14.
Entire agreement
These
terms and conditions, together with our current website prices, delivery details,
contact details and privacy policy, set out the whole of our agreement relating
to the supply of the goods to you by us. Nothing said by any sales person on
our behalf should be understood as a variation of these terms and conditions
or as an authorised representation about the nature or quality of any goods
offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall
have no liability for any such representation being untrue or misleading.
General
disclaimer of liability for content
01.1. [
Carp.com Limited ] is providing this site on an “as is” basis and makes
no representations or warranties of any kind with respect to this site or its
contents and disclaims all such representations and warranties. In addition,
Carp.com Limited makes no representations or warranties about the accuracy,
completeness, or suitability for any purpose of the information and related
graphics published in this site. The information contained in this site may
contain technical inaccuracies or typographical errors. All liability of Carp.com
Limited howsoever arising for any such inaccuracies or errors is expressly excluded
to the fullest extent permitted by law.
01.2 Neither
Carp.com Limited nor any of its directors, employees or other representatives
will be liable for loss or damage arising out of or in connection with the use
of this site. This is a comprehensive limitation of liability that applies to
all damages of any kind, including (without limitation) compensatory, direct,
indirect or consequential damages, loss of data, income or profit, loss of or
damage to property and claims of third parties.
01.3 Notwithstanding
the foregoing, none of the exclusions and limitations in the clause are intended
to limit any rights you may have as a consumer, under local law or other statutory
rights which may not be excluded nor in any way to exclude or limit Carp.com
Limited liability to you for death or personal injury resulting from our negligence
or that of our employees or agents.
Privacy
Policy
Carp.com Limited
is committed to ensuring that your privacy is protected. This privacy policy
explains how we use the information we collect about you, how you can instruct
us if your prefer to limit the use of that information and procedures that we
have in place to safeguard your privacy.
1.
The information we collect and how we use it
When you [register
for our service (or as required)] we need to know your name, [postal address,
e-mail address, telephone number, credit card number and expiry date (or as
required)]. We also need to know ( specify other information required)
We gather this
information to allow us to process your registration, process any orders you
may make and ( specify any other uses of the information). The relevant
information then used by us, our agents and sub-contractors to [provide you
with statements of your account (or as required)] and to communicate with you
on any matter relating to the conduct of your account and [the provision of
the service ( or as required )] . We also need to know ( specify
other information required).
We gather this
information to allow us to process your registration, process any orders you
may make and ( specify any other uses of the information ). The relevant
information is then used by us, our agents and sub-contractors to [provide you
with statements of your account ( or as required )] and to communicate
with you on any matter relating to the conduct of your account and [the provision
of the service (or as required)] in general.
We may also use
aggregate information and statistics for the purposes of monitoring website
usage in order to help us develop the website and our services and may provide
such aggregate information to third parties. These statistics will not include
information that can be used to identify any individual
From time to time
we may provide your information to our customer service agencies for research
and analysis purposes so that we can monitor and improve the [services as the
case may be)] we provide. We or our agents and sub-contactors may contact you
[by post, e-mail or telephone (or as required] to ask you for your feedback
and comments on our [(services ( or as the case may be )]
We [and our group
companies] may also wish to provide you with information about special features
of our website or any other services or products we think may be of interest
to you. If you would rather not receive this information, please send a blank
e-mail message to ( support@carp.com )
We may also want
to provide you with related information from third parties we think may be of
interest to you. If you would rather not receive this information please send
an e-mail to ( support@carp.com)
We may also provide
your information to carefully selected third parties whose products or services
we believe may be of interest to you. If you do not wish us to disclose information
in this way please send us e-mail to ( Support@carp.com ).
2.
Our use of cookies and other information gathering technologies
Cookies are used
by Internet websites shopping sites to keep track of you and your shopping cart.
When you first visit an Internet shopping site, you are sent a cookie containing
the name (ID number) of a shopping cart. Each time you select an item to purchase,
that item is added to the shopping cart. When you are done with your shopping,
the checkout page lists all the items in the shopping cart tied to that cookie.
Without cookies, you would have to keep track of all the items you want to buy
and type them into the checkout page or buy each item, one at a time.
3.
Sale of business
If this business
is sold or integrated with another business your details may be disclosed to
our advisers and any prospective purchasers and their advisers and will be passed
on to the new owners of the business.
4.
Updating your details
If any of the information
that you have provided to ( Carp.com Limited ) changes, for example
if you change your e-mail address, name or payment details or if you wish to
cancel your registration, please let us know the correct details by sending
an e-mail to ( support@carp.com ) [or by sending a letter to (Carp.com Ltd,
South Hanningfield Road, Rettendon Common, Chelmsford, Essex, CM3 8HQ)]
5.
Your consent
By submitting your
information you consent to the use of that information as set out in this policy.
If we change our privacy policy we will post the changes on this page, and may
place notices on other pages of the website, so that you may be aware of the
information we collect and how we use it at all times. We will also e-mail you
should we make any changes so that you may consent to our use of your information
in that way. Continued use of the service will signify that you agree to any
such changes.
Owing to the global
nature of the Internet infrastructure, the information you provide may be transferred
in transit to countries outside the European Economic Area that do not have
similar protections in place regarding your data and its use as set out in this
policy. However, we have taken the steps outlined above to try to improve the
security of our information. By submitting your information you consent to these
transfers. We confirm that all adequate protections are in place, to confirm
to the Data Protection Act 1998 Sch 4.
How to
contact (Carp.com Limited)
We welcome your
views about our website and our privacy policy. If you would like to contact
us with any queries or comments please send an e-mail to ( support@carp.com
).
General
intellectual property disclaimer
We are the proprietor/exclusive
licensor of the Carp.com Limited domain name and trade mark. All other trade
marks, brand names, product names and titles and copyrights used in this site
are trade marks, brand names, product names or copyrights of their respective
holders. No permission is given by Carp.com Limited in respect of the use of
any of them and such use may constitute an infringement of the holder's rights.
