Website Terms & Conditions
Welcome to the Eshopbrokers website Terms and Conditions for use. These terms and conditions apply to the use of this website at www.eshopbrokers.com. 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 whether or not you choose to register with us or order from us. If you do not accept these terms, do not use the website. The www.eshopbrokers.com website is operated by: E-SHOPBROKERS LTD, a company registered in England and Wales, whose registered office is at Treetops Boarmans Lane, Brookland Romney Marsh, Kent, United Kingdom, TN29 9QU. Our company registration number is 5908880. We are not registered for VAT. Our contact details are as follows: Trading address: Treetops Boarmans Lane, Brookland Romney Marsh, Kent, TN29 9QU United Kingdom Email: sales@eshopbrokers.com Telephone: 01797 344 636 1. Introduction 1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register. 1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website. 2. Ordering From Us 2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. 2.2 Our acceptance of an order takes place when , your credit/or debit card is debited. We will send you confirmation of the payment transaction by email; via the Payment Service Provider (Protx). You will also receive a email from us confirming your order is being processed, and finaly a email confirming despatch. 2.3 We may refuse to accept an order: (a) Where goods are not available; (b) Where we cannot obtain authorisation for your payment; (c) If there has been a pricing or product description error; or (d) If you do not meet any eligibility criteria set out in our 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 other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website. 3.3 Our prices are reviewed periodically and the next review will be on 01/01/2009. 4. Cancellation And Returns Policy Every request for return of material must be addressed by contacting E-SHOPBROKERS LTD by email at sales@eshopbrokers.com, or alternatively by telephoning customer care: 01797 344636. 4.1 If you wish to cancel your order: You have the right to cancel your order with us, in accordance with the (Consumer Protection Distance Selling Regulations) The period in which you can exercise that right is 14 working days beginning the day after your goods are received. 4.1.1 Upon cancellation of goods, the goods are to be returned within a reasonable timescale.The duty of care for the goods while in your care, and responsibility of returned items shall be borne by you; the customer. Please take all resonable care of goods while in your possession and package any returned items carefully and return them, for your own protection, via a recorded and insured method of carriage. (Royal Mail Special/Recorded Delivery is recommended) as you will be liable for the Goods. 4.1.2 As stated at clause 4.1: You can notify us: a) before we have dispatched the goods to you; b) Or where goods have already been dispatched to you by returning to us in accordance with clause 4.2 below. 4.2 Goods shall be returned; in Accordance with: a) Material can only be returned when Customer Care issues a valid RMA number. b) Only material purchased at Eshopbrokers can be returned. Proof of purchase must be provided. c) Only products that are complete and undamaged. d) Goods must be returned in their original packaging, if you have opened the box to examine the product you must have done so without damaging or marking the product or packaging. e) Original packaging must be free of printed tape or any form of writing on the box, which would damage the appearance of the product packaging. f) In the case of software, audio or visual products, the packaging must not be unsealed. This policy is to avoid any potential breach of the Copyright Descriptions and Patent act (CDPA) 1988. All opened software is exempt from return under the terms of the distance Selling Regulations (SI2334/2000). g) All returned products must be sent and received by the following address : E-SHOPBROKERS LTD Treetops, Boarmans Lane Brookland, Romney Marsh Kent, TN29 9QU 4.3 On cancellation of the goods; in accordance with clause 4.1.1 a) Eshopbrokers will make a refund of the contract price to your debit or credit card used to purchase the goods, and delivery charges incured.This will be done within 30 days of the date of cancellation. b) Where costs have been incurred by Eshopbrokers, as in collection of returned goods, these costs will be deducted from your refund. c) Any returned goods that can not be re-sold as complete will only be refunded to their agreed mail order return value. 4.4 The provisions of clause 4.2 do not affect your statutory rights. 4.5 Faulty Goods in the unfortunate event of goods developing a fault within 14 days of delivery; contact sales@eshopbrokers.com and we will issue you a RMA number for returning the product. Proof of purchase must be provided. On receipt of goods, Eshopbrokers reserves the right to have goods inspected and tested before a full applicable refund or replacement is made. On verifying the fault you will be offered a refund of the contract price to your debit or credit card used to purchase the goods, or exchange equal to the sum of goods purchased. Where products are no longer in as new condition they will be sent to the Manufacturers designated service centre for repair under the imposed Manufactures warranty. We will work with you and the manufacturer whose warranty is in place to achieve a satisfactory solution to any technical issue you may have for a period of 12 months after purchase. 4.6 Eshopbrokers will not accept responsibility for a refund or exchange as stated in clause 4.5 where goods have been: a) Damaged due to use outside the stated manufacturers instructions, or imposed manufacturers warranty conditions. b) Where goods have been misused or damaged when preparing or installing goods for use c) Where the goods have been misused or an incident has caused damage to the product. 5. Licence 5.1 You are permitted to print and download extracts from this Website for your own use on the following basis: (a) No documents or related graphics on this Website are modified in any way; (b) No graphics on this Website are used separately from accompanying text; and (c) Any of our copyright and trade mark notices and this permission notice appear in all copies. 5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned 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 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website. 5.3 Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. 5.4 Any rights not expressly granted in these terms are reserved. 6. Service Access 6.1 While we endeavor to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. 6.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. 7. Visitor Material And Conduct 7.1 Other than personally identifiable information, which is covered under the Privacy Policy [INSERT HYPERLINK], any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with 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 all commercial or non-commercial purposes. 7.2 You are prohibited from posting or transmitting to or from this Website any material: (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; (b) for which you have not obtained all necessary licenses and/or approvals; (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, 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 court order requesting or directing us to disclose the identity or locate anyone posting 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 not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk. 8.2 You may not create any links to this Website. 8.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2. 9. Registration 9.1 To register with www.eshopbrokers.com you must be over eighteen years of age. 9.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. 9.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately. 9.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions. 10. Disclaimer 10.1 While we endeavor to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material. 10.2 The material on this Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions 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 any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or 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 of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection 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 to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website. 11.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law. 11.3 If your use of material on this Website results in the need for servicing, repair or 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 out of 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 in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts. 12.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. 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 local laws. 13. Miscellaneous 13.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions 13.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect. 13.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999. |
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