TERMS AND CONDITIONS
This website is operated by Ashwyk Ltd ("us" or "we"): registered office Unit 16, The Capstan Centre, Thurrock Park Way, Tilbury, Essex, RM18 7HH.
The VAT number is GB 583-0655-31.
By using this website, you, the user ("the user", or "you", or "your")
are subject to the terms and conditions imposed by us upon this site,
as set out below, and which includes all the website's hyper-linked sections.
Before using this website, please familiarise yourself with these Terms
and Conditions and print a copy for your future reference.
1.0 |
General |
1.1 |
Your continued use of the website signifies
your acceptance of the Terms and Conditions in force at the time of
use. It is the user's responsibility to check any change in the terms
and conditions, as we reserve the right to alter them at any time.
When this happens, the date of their compilation will be updated (see
top left). |
|
|
2.0 |
Purchasing From the Website |
2.1 |
The purchase process is explained on
each page.
|
2.2 |
An order is not an order until you have
received an acceptance confirmation from us. |
2.3 |
You should always print a copy of your
confirmation, as you cannot access details of your order via the website. |
|
|
3.0 |
Payment |
3.1 |
Protx handles the Credit Card payment
process for us, once your order has been processed on the website.
This includes checking your details and clearing your payment. |
3.2 |
Once the order and payment have been
passed onto Protx you should direct your enquires to Protx if you have
any payment queries (details on the Protx pages on our website). |
3.3 |
You will be charged the price of the
item on the website at the time of your order. |
3.4 |
VAT is included within the price and
it also includes delivery. |
|
|
4.0 |
Returns |
4.1 |
If the user is not happy for a valid
reason, then they should contact us, arrange to send back the original
and we will replace it with another copy, within 120 days. This does
not affect the users' statutory rights. |
4.2 |
We do try and make our claims as to
the performance of the site and subsequent manufacturing process as
accurate as possible, but we do not guarantee any of these claims. |
4.3 |
Under the Distance Selling Regulations
you have a right to cancel your order for any item purchased on this
website, for a full refund, as long as they are not personalised,
or made to your specification. |
|
|
5.0 |
Delivery |
5.1 |
We can only deliver products free to
customers in mainland U.K. and Northern Ireland addresses, via The
Royal Mail, or an alternative deliverer, if we think it appropriate.
And we can only deliver to the postal address that matches the address
lodged by the users' credit card company. |
5.2 |
We will endeavour to deliver the product
within five working days, but we cannot guarantee this, and we accept
no liability for any delay, or failure to deliver within estimated
timescales. |
5.3 |
Once the product is delivered to the
users' postal address, the risk of loss and damage is passed to the
user. |
|
|
6.0 |
Intellectual Property Rights of Our
Products |
6.1 |
By the use of this site, you acknowledge
and agree that all copyright, trademarks and all other intellectual
property rights in all materials and/or content made available as
part of your use of this website shall remain at all times vested
in us. |
6.2 |
You acknowledge and agree that the material
and content contained within this website is made available for your
personal and non-commercial use only, and that you may only download
such material and content for the purpose of using this website, and
make no further use it whatsoever outside of this website. You further
acknowledge that any other use of the material and content of this
website is strictly prohibited and you agree not to (and agree not
to assist or facilitate any third party to) copy, reproduce, transmit,
publish, display, distribute, commercially exploit or create derivative
works of such material and content. |
|
|
7.0 |
Liability and Indemnity |
7.1 |
We will use reasonable endeavours to
verify the accuracy of any information on the site, but we make no
representation, or warranty of any kind express, or implied statutory
or otherwise regarding the contents, or availability of the site,
or that it will be timely or error-free, that defects will be corrected,
or that the site, or the servers that makes it available are free
of viruses, or bugs, or represents the full functionality, accuracy,
reliability of the website; we will not be responsible, or liable
to you for any loss of content or material uploaded, or transmitted
through the website and we accept no liability of any kind for any
loss or damage from action taken, or taken in reliance on material
or information contained on the website. |
7.2 |
We will not be liable, in contract,
tort (including, without limitation, negligence), pre-contract or
other representations (other than fraudulent on negligent misrepresentations)
or otherwise out of or in connection with the terms and conditions
for any: economic losses (including without limitation loss of revenues,
data, profits, contracts, business or anticipated savings); or economic
losses (including without limitation loss of revenues, data, profits,
contracts, business or anticipated savings); or loss of goodwill or
reputation; or special or indirect losses suffered or incurred by
that party arising out of or in connection with the provisions of
any matter under these terms and conditions. |
7.3 |
We will take all reasonable precautions
to keep the details of your order and payment secure, but, unless
we are negligent, we cannot be held liable for any losses caused as
a result of unauthorised access to information provided by you. |
|
|
8.0 |
Other Provisions |
8.1 |
The contract between you and us shall
be governed by the laws of England and any dispute between you and
us will be resolved exclusively in the courts of England. |
8.2 |
We shall be under no liability for any
delay or failure to deliver products or otherwise perform any obligation
as specified in these terms and conditions if the same is wholly or
partly caused whether directly or indirectly by circumstances beyond
its reasonable control. |
8.3 |
We may provide links to other websites
or resources for you to access at your sole discretion. You acknowledge
and agree that, as you have chosen to enter the linked website we
are not responsible for the availability of such external sites or
resources, and do not review or endorse and are not responsible or
liable, directly or indirectly, for (1) the privacy practices of such
websites, (2) the content of such websites, including (without limitation)
any advertising, content, products, goods or other materials or services
on or available from such websites or resources or (3) the use to
which others make of these websites or resources, nor for any damage,
loss or offence caused or alleged to be caused by, or in connection
with, the use of or reliance on any such advertising, content, products,
goods or other materials or services available on such external websites
or resources. |
8.4 |
You may not assign, or sub-contract
any of your rights, or obligations under these terms and conditions,
or any related order for products to any third party unless agreed
upon in writing by us. |
8.5 |
We reserve the right to transfer, assign,
novate, or sub-contract the benefit of the whole, or part of any of
its rights, or obligations under these terms and conditions, or any
related contract to any third party. |
8.6 |
If any part of these terms and conditions
is held by any competent authority to be invalid, or unenforceable
in whole or in part, the validity or enforceability of the other sections
of these terms and conditions shall not be affected. |
8.7 |
These terms and conditions, including
the documents or other sources referred to in these terms and conditions
supersede all prior representations understandings and agreements
between you and us relating to the use of this website (including
the order of products) and sets forth the entire agreement and understanding
between you and us for your use of this website. |
|
|
9.0 |
Use of Your Personal Information/Security |
9.1 |
It is important for you to know that
we may use some of the personal information provided by you during
the use of this website and by using this site you agree to this use
unless you have chosen otherwise using the facilities provided on
the order pages. |
9.2 |
Your contact details will be stored
in our computer database and this, together with other information
provided by you (and this information may be supplemented by information
we receive from third parties), may be used by us to (unless you have
chosen otherwise using the facilities on the order pages):
(1) for assessment and analysis (e.g. market, customer and product
analysis) to enable us to review, develop and improve the services
which we offer and to enable us to provide you and other customers
with relevant information through our marketing programme. We may
use your information to make decisions about you using computerised
technology, for example automatically selecting products or services
which we think will interest you from the information we have. We
may keep you informed of such products and services (including special
offers, discounts, offers, competitions and so on by any of the following
methods, including e-mail; telephone; SMS text message and post; and
(2) arrange and monitor any competitions we might offer on the website.
|
9.3 |
In order to protect you and our other
customers, and us, from fraud and theft, we may pass on information
that we obtain from making identity checks and other information in
our customer records, including how you conduct your account, to other
companies, other retailers and to financial and other organisations
(including law enforcement agencies) involved in fraud prevention
and detection, to use in the same way. |
9.4 |
As regards the Disclosure of Your Information,
unless you have chosen otherwise using the facilities on the order
pages, we may give information about you to the following, who may
use it for the same purposes as set out above:
(1) to other companies in our Group;
(2) to employees and agents of our Group to administer any accounts,
products and services provided to you by our Group now or in the future;
(3) agents who (on our behalf) profile your data so that we may tailor
the goods/services we offer to your specific needs;
(4) to other organisations for the administration of prize draws or
competitions.
(5) to anyone to whom we transfer or may transfer our rights and duties
under our agreement with you. |
9.5 |
As regards Cookies, we may use this
technology to provide you with, for example, customised information
from our web site. A cookie is an element of data that a web site
can send to your browser, which may then store it on your system.
Cookies allow us to understand who has seen which pages and advertisements,
to determine how frequently particular pages are visited and to determine
the most popular areas of our web site. You do not have to accept
cookies, and you should read the information that came with your browser
software to see how you can set up your browser to notify you when
you receive a cookie, this will give you the opportunity to decide
whether to accept it. If you do not use cookies, we regret to inform
you that our site will not function correctly. We use cookies so that
we can give you a better experience when you return to our web site.
|
9.6 |
We may use third-party advertising companies
to serve ads on our behalf. These companies may employ cookies and
action tags (also known as single pixel gifs or web beacons) to measure
advertising effectiveness. Any information that these third parties
collect via cookies and action tags is completely anonymous. |
9.7 |
As regards Security, we take all reasonable
steps to protect your personal information. However, we cannot guarantee
the security of any data you disclose on-line. You accept the inherent
security risks of providing information and dealing on-line over the
Internet and will not hold us responsible for any breach of security
unless this is due to our negligence or wilful default. |
9.8 |
You have the right to see personal data
(as defined in the Data Protection Act) that we keep about you, upon
receipt of a written request and payment of a fee. If you are concerned
that any of the information we hold on you is incorrect please contact
us. Please note that our site may link to other web sites which
may be accessed through our site. We are not responsible for the data
policies or procedures or the content of these linked web sites. |
9.9 |
If you have previously chosen to be
on our mailing list, and would now like to be removed, please contact
us and we will remove within a reasonable time period, your details
from our mailing list. |
|