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HODGKINSON
MARKETING LTD TERMS AND CONDITIONS
BACKGROUND:
This agreement applies as between you, the User of this Web Site and
Hodgkinson Marketing Ltd, the owner(s) of this Web Site. Your
agreement to comply with and be bound by these Terms and Conditions
is deemed to occur upon your first use of the Web Site. If you do
not agree to be bound by these Terms and Conditions, you should stop
using the Web Site immediately.
No part of this Web Site is intended to constitute a contractual
offer capable of acceptance. Your order constitutes a contractual
offer and our acceptance of that offer is deemed to occur upon our
sending a dispatch email to you indicating that your order has been
fulfilled and is on its way to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following
meanings:
"Account" means collectively the personal information, Payment
Information and credentials used by Users to access Paid Content and
/ or any communications System on the Web Site;
"Carrier" means any
third party responsible for transporting purchased Goods from our
Premises to customers;
"Content" means any
text, graphics, images, audio, video, software, data compilations
and any other form of information capable of being stored in a
computer that appears on or forms part of this Web Site;
"Goods" means any
products that Hodgkinson Marketing Ltd advertises and / or makes
available for sale through this Web Site;
"Hodgkinson
Marketing Ltd" means Hodgkinson Marketing Ltd;
"Service" means
collectively any online facilities, tools, services or information
that Hodgkinson Marketing Ltd makes available through the Web Site
either now or in the future;
"Payment
Information" means any details required for the purchase of Goods
from this Web Site. This includes, but is not limited to, credit /
debit card numbers, bank account numbers and sort codes;
"Purchase
Information" means collectively any orders, invoices, dispatch
notes, receipts or similar that may be in hard copy or electronic
form;
"Premises" Means our
place(s) of business located at Hodgkinson Marketing Ltd P.O. BOX
450 Chorley, Lancashire PR6 6AG United Kingdom
"System" means any
online communications infrastructure that Hodgkinson Marketing Ltd
makes available through the Web Site either now or in the future.
This includes, but is not limited to, web-based email, message
boards, live chat facilities and email links;
"User" / "Users"
means any third party that accesses the Web Site and is not employed
by Hodgkinson Marketing Ltd and acting in the course of their
employment;
and "Web Site" means
the website that you are currently using and any sub-domains of this
site unless expressly excluded by their own terms and conditions.
2. Age Restrictions
Persons under the age of 18 should use this Web Site only with the
supervision of an Adult. Payment Information must be provided by or
with the permission of an Adult.
3. International
Customers / Physically Shipped Products
If Goods are being ordered from outside Hodgkinson Marketing Ltd's
country of residence, import duties and taxes may be incurred once
your Goods reach their destination. Hodgkinson Marketing Ltd is not
responsible for these charges and we undertake to make no
calculations or estimates in this regard. If you are buying
internationally, you are advised to contact your local customs
authorities for further details on costs and procedures. As the
purchaser of the Goods, you will also be the importer of record and
as such should ensure that your purchase is in full compliance with
the laws of the country into which the Goods are being imported.
Please be aware that Goods may be inspected on arrival at port for
customs purposes and Hodgkinson Marketing Ltd cannot guarantee that
the packaging of your Goods will be free of signs of tampering.
4. Intellectual
Property
Subject to the exceptions in Clause 6 of these Terms and Conditions,
all Content included on the Web Site, unless uploaded by Users,
including, but not limited to, text, graphics, logos, icons, images,
sound clips, video clips, data compilations, page layout, underlying
code and software is the property of Hodgkinson Marketing Ltd, our
affiliates or other relevant third parties. By continuing to use the
Web Site you acknowledge that such material is protected by
applicable United Kingdom and International intellectual property
and other laws.
You may not reproduce, copy, distribute, store or in any other
fashion re-use material from the Web Site unless otherwise indicated
on the Web Site or unless given express written permission to do so
by Hodgkinson Marketing Ltd.
5. Third Party
Intellectual Property
Unless otherwise expressly indicated, all Intellectual Property
rights including, but not limited to, Copyright and Trademarks, in
product images and descriptions belong to the manufacturers or
distributors of such products as may be applicable.
You may not reproduce, copy, distribute, store or in any other
fashion re-use such material unless otherwise indicated on the Web
Site or unless given express written permission to do so by the
relevant manufacturer or supplier.
6. Links to Other
Web Sites
This Web Site may contain links to other sites. Unless expressly
stated, these sites are not under the control of Hodgkinson
Marketing Ltd or that of our affiliates. We assume no responsibility
for the content of such web sites and disclaim liability for any and
all forms of loss or damage arising out of the use of them. The
inclusion of a link to another site on this Web Site does not imply
any endorsement of the sites themselves or of those in control of
them.
7. Links to this
Web Site
Those wishing to place a link to this Web Site on other sites may do
so only to the home page of the site
http://www.SimonHodgkisnon.com without prior permission.
Deep linking (i.e. links to specific pages within the site) requires
the express permission of Hodgkinson Marketing Ltd. To find out more
please contact us by email at using this contact form:
http://simonhodgkinson.com/?page_id=45 or see this page:
http://simonhodgkinson.com/?page_id=32
8. Use of
Communications Facilities
8.1 When using the enquiry form or any other System on the
Web Site you should do so in accordance with the following rules:
8.1.1 You must not use obscene or vulgar language;
8.1.2 You must not submit Content that is unlawful or
otherwise objectionable. This includes, but is not limited to,
Content that is abusive, threatening, harassing, defamatory, ageist,
sexist or racist;
8.1.3 You must not submit Content that is intended to promote
or incite violence;
8.1.4 It is advised that submissions are made using the
English language as we may be unable to respond to enquiries
submitted in any other languages;
8.1.5 The means by which you identify yourself must not
violate these terms of use or any applicable laws;
8.1.6 You must not impersonate other people, particularly
employees and representatives of Hodgkinson Marketing Ltd or our
affiliates; and
8.1.7 You must not use our System for unauthorised
mass-communication such as "spam" or "junk mail".
8.2 You acknowledge that Hodgkinson Marketing Ltd reserves
the right to monitor any and all communications made to us or using
our System.
9. Accounts
9.1 In order to purchase Goods on this Web Site and to use
the mebership facilities you are required to create an Account which
will contain certain personal details and Payment Information which
may vary based upon your use of the Web Site as we may not require
payment information until you wish to make a purchase. By continuing
to use this Web Site you represent and warrant that:
9.1.1 all information you submit is accurate and truthful;
9.1.2 you have permission to submit Payment Information where
permission may be required; and
9.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your
representation and warranty.
9.2 It is recommended that you do not share your Account
details, particularly your username and password. Hodgkinson
Marketing Ltd accepts no liability for any losses or damages
incurred as a result of your Account details being shared by you. If
you use a shared computer, it is recommended that you do not save
your Account details in your internet browser.
9.3 If you have reason to believe that your Account details
have been obtained by another without consent, you should contact
Hodgkinson Marketing Ltd immediately to suspend your Account and
cancel any unauthorised purchases that may be pending. Please be
aware that purchases can only be cancelled until they are
dispatched. In the event that an unauthorised purchase is dispatched
prior to your notifying us of the unauthorised nature of the
purchase, Hodgkinson Marketing Ltd accepts no liability or
responsibility and you should make contact with the Carrier detailed
in the Purchase Information.
9.4 When choosing your username you are required to adhere to
the terms set out above in Clause 9. Any failure to do so could
result in the suspension and/or deletion of your Account.
10. Termination
and Cancellation
10.1 Either Hodgkinson Marketing Ltd or you may terminate
your Account. If Hodgkinson Marketing Ltd terminates your Account,
you will be notified by email and an explanation for the termination
will be provided. Notwithstanding the foregoing, we reserve the
right to terminate without giving reasons.
10.2 If Hodgkinson Marketing Ltd terminates your Account, any
current or pending purchases on your Account WILL be cancelled and
WILL NOT be dispatched.
10.3 Hodgkinson Marketing Ltd reserves the right to cancel
purchases without stating reasons, for any reason prior to
processing payment and dispatch.
10.4 If purchases are cancelled for any reason prior to
dispatch you will be refunded any monies paid in relation to those
purchases.
10.5 If you terminate your Account any non-dispatched
purchases will be cancelled and you will be refunded any monies paid
in relation to those purchases.
11. Goods,
Pricing and Availability
11.1 Whilst every effort has been made to ensure that all
graphical representations and descriptions of Goods available from
Hodgkinson Marketing Ltd correspond to the actual Goods, Hodgkinson
Marketing Ltd is not responsible for any variations from these
descriptions. This does not exclude our liability for mistakes due
to negligence on our part and refers only to variations of the
correct Goods, not different Goods altogether. Please refer to
Clause 14.1 for incorrect Goods.
11.2 Where appropriate, you may be required to select the
required [size] [model] [colour] [number] [other features] of the
Goods that you are purchasing.
11.3 Hodgkinson Marketing Ltd does not represent or warrant
that such Goods will be available. Stock indications ARE NOT
provided on the Web Site
11.4 All pricing information on the Web Site is correct at
the time of going online. Hodgkinson Marketing Ltd reserves the
right to change prices and alter or remove any special offers from
time to time and as necessary.
11.5 In the event that prices are changed during the period
between an order being placed for Goods and Hodgkinson Marketing Ltd
processing that order and taking payment, you will be contacted
prior to your order being processed with details of the new price;
11.6 All prices on the Web Site Do Not include VAT.
12. Delivery /
Physical Products -
12.1 Hodgkinson Marketing Ltd or it's agent will notify you
by way of email when your goods are to be dispatched to you. The
message will contain details of estimated delivery times in addition
to any reasons for a delay in the delivery of the Goods purchased by
you.
12.2 If Hodgkinson Marketing Ltd receives no communication
from you, within 1 day of delivery, regarding any problems with the
Goods, you are deemed to have received the Goods in full working
order and with no problems.
13. Returns
Policy / Physical Products -
Hodgkinson Marketing Ltd aims to always provide high quality Goods
that are fault free and undamaged. On occasion however, goods may
need to be returned. Returns are governed by these Terms and
Conditions.
13.1 If you receive Goods which do not match those that you
ordered, unless accompanied by an explanatory note detailing the
changes, stating reasons for the changes and setting out your
options, you should contact us within 10 days to arrange collection
and return. Hodgkinson Marketing Ltd IS NOT responsible for paying
shipment costs. You will be given the option to have the Goods
replaced with those ordered (if available) or to be refunded through
the payment method used by you when purchasing the Goods. Refunds
and replacements will be issued upon our receipt of the returned
Goods.
13.2 If any Goods you have purchased have faults when they
are delivered to you, you should contact Hodgkinson Marketing Ltd
within 28 days to notify us of their return. Hodgkinson Marketing
Ltd IS NOT responsible for paying shipment costs. Goods must be
returned in their original condition with all packaging and
documentation. Upon receipt of the returned Goods, the price of the
Goods, as paid by you, will be refunded to you through the payment
method used by you when purchasing the Goods.
13.3 If any Goods develop faults within their warranty
period, you are entitled to a repair or replacement under the terms
of that warranty.
13.4 If Goods are damaged in transit and the damage is
apparent on delivery, you should sign the delivery note to the
effect that the goods have been damaged. In any event, you should
report such damage to Hodgkinson Marketing Ltd within 3 days and
arrange collection and return. Hodgkinson Marketing Ltd IS NOT
responsible for paying shipment costs. Upon receipt of the returned
Goods, the price of the Goods, as paid by you, will be refunded to
you through the payment method used by you when purchasing the
Goods.
13.5 If the Goods have been dispatched or have reached you,
but you have changed your mind, please return them to Hodgkinson
Marketing Ltd within 10 days of receipt. Goods can only be returned
for this reason if their packaging remains unopened and the Goods
can be re-sold, as new, without any additional work on the part of
Hodgkinson Marketing Ltd. You are responsible for paying shipment
costs if Goods are returned for this reason.
13.6 If you wish to return Goods to Hodgkinson Marketing Ltd
for any of the above reasons, please contact us using the details on
http://simonhodgkinson.com/?page_id=45
13.7 to make the appropriate arrangements.
13.8 Hodgkinson Marketing Ltd reserves the right to exercise
discretion with respect to any returns under these Terms and
Conditions. Factors which may be taken into account in the exercise
of this discretion include, but are not limited to:
13.8.1 Any use or enjoyment that you may have already had out
of the Goods;
13.8.2 Any characteristics of the Goods which may cause them
to deteriorate or expire rapidly;
13.8.3 The fact that the Goods consist of audio or video
recordings or computer software and that the packaging has been
opened;
13.8.4 Any discounts that may have formed part of the
purchase price of the Goods to reflect any lack of quality made
known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law.
14. Privacy
Use of the Web Site is also governed by our site wide
Privacy
Policy
which is incorporated into these terms and conditions by this
reference. To view the Privacy Policy, please click on the link
above.
15. Disclaimers
15.1 Hodgkinson Marketing Ltd makes no warranty or
representation that the Web Site will meet your requirements, that
it will be of satisfactory quality, that it will be fit for a
particular purpose, that it will not infringe the rights of third
parties, that it will be compatible with all systems, that it will
be secure and that all information provided will be accurate. We
make no guarantee of any specific results from the use of our
Services.
15.2 No part of this Web Site is intended to constitute
advice and the Content of this Web Site should not be relied upon
when making any decisions or taking any action of any kind.
15.3 No part of this Web Site is intended to constitute a
contractual offer capable of acceptance.
16. Changes to
the Service and these Terms and Conditions
Hodgkinson Marketing Ltd reserves the right to change the Web Site,
its Content or these Terms and Conditions at any time. You will be
bound by any changes to the Terms and Conditions from the first time
you use the Web Site following the changes. If Hodgkinson Marketing
Ltd is required to make any changes to Terms and Conditions relating
to sale of Goods by law, these changes will apply automatically to
any orders currently pending in addition to any orders placed by you
in the future.
17. Availability
of the Web Site
The Service is provided "as is" and on an "as available" basis. We
give no warranty that the Service will be free of defects and / or
faults. To the maximum extent permitted by the law we provide no
warranties (express or implied) of fitness for a particular purpose,
accuracy of information, compatibility and satisfactory quality.
Hodgkinson Marketing Ltd accepts no liability for any disruption or
non-availability of the Web Site resulting from external causes
including, but not limited to, ISP equipment failure, host equipment
failure, communications network failure, power failure, natural
events, acts of war or legal restrictions and censorship.
18. Limitation of
Liability
18.1 To the maximum extent permitted by law, Hodgkinson
Marketing Ltd accepts no liability for any direct or indirect loss
or damage, foreseeable or otherwise, including any indirect,
consequential, special or exemplary damages arising from the use of
the Web Site or any information contained therein. Users should be
aware that they use the Web Site and its Content at their own risk.
18.2 Nothing in these Terms and Conditions excludes or
restricts Hodgkinson Marketing Ltd's liability for death or personal
injury resulting from any negligence or fraud on the part of
Hodgkinson Marketing Ltd.
18.3 Nothing in these Terms and Conditions excludes or
restricts Hodgkinson Marketing Ltd's liability for any direct or
indirect loss or damage arising out of the incorrect delivery of
Goods or out of reliance on incorrect information included on the
Web Site.
18.4 Whilst every effort has been made to ensure that these
terms and conditions adhere strictly with the relevant provisions of
the Unfair Contract Terms Act 1977, in the event that any of these
terms are found to be unlawful, invalid or otherwise unenforceable,
that term is to be deemed severed from these terms and conditions
and shall not affect the validity and enforceability of the
remaining terms and conditions. This term shall apply only within
jurisdictions where a particular term is illegal.
19. No Waiver
In the event that any party to these Terms and Conditions fails to
exercise any right or remedy contained herein, this shall not be
construed as a waiver of that right or remedy.
20. Previous
Terms and Conditions
In the event of any conflict between these Terms and Conditions and
any prior versions thereof, the provisions of these Terms and
Conditions shall prevail unless it is expressly stated otherwise.
21. Notices
All notices / communications shall be given to us either by post to
our Premises (see address above) or by email via this web form:
http://simonhodgkinson.com/?page_id=45 Such notice will be
deemed received 3 days after posting if sent by first class post,
the day of sending if the email is received in full on a business
day and on the next business day if the email is sent on a weekend
or public holiday.
22. Law and
Jurisdiction
These terms and conditions and the relationship between you and
Hodgkinson Marketing Ltd shall be governed by and construed in
accordance with the Law of England and Wales and Hodgkinson
Marketing Ltd and you agree to submit to the exclusive jurisdiction
of the Courts of England and Wales. |