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These terms and conditions apply to the use of
this website at www.kittycollars.co.uk. 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 this
website.
The www.kittycollars.co.uk website is operated
by Cat Happiness Limited, a company registered in England and Wales,
company number 05146346. Our VAT registration number is 841 6272
33.
Registered Office (please do not use this
address for Kitty Collars correspondence, deliveries or returns):
Cat Happiness Limited
Exchange House
St Cross Lane
Newport
Isle of Wight
PO30 5BZ
Our contact details are:
Tel: 01983-200201
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superseded by expressly designated legal notices or terms located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. We will send you an order acknowledgement,
detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we despatch the
order. We will send you a despatch confirmation by email. When we
despatch the order the purchase contract will be made even if your
payment has been processed immediately, unless we have notified
you that we do not accept your order or you have cancelled your
order.
2.3 We may refuse to accept an order at our discretion for any reason
including:
(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
(d) if you do not meet the eligibility criteria set out in our terms
and conditions
(e) if the text you requested has the potential to cause offence
3. Pricing
3.1 All prices are displayed in GB pounds sterling.
3.2 All prices include VAT (where applicable) at the current rate.
3.3 Where we charge separately for delivery and other relevant charges,
the appropriate rates are set out in our specified pricing structure
shown elsewhere on this Website.
3.4 Our prices are reviewed periodically. The next review will be
on 01/06/2012.
4. Cancellations and Returns Policy
4.1 If you wish to cancel your order:
(a) you can
before we have dispatched the goods to you; or
(b) where goods have already been dispatched to you, by returning
goods to us in accordance with clause 4.2 below.
4.2 You can return goods you have ordered from us for any reason
at any time within 7 working days after the day on which you received
it. The costs of returning goods to us shall be borne by you.
4.3 Upon receipt of the goods we will give you a full refund of
the amount paid excluding shipping, or an exchange credit as required.
4.4 The rights to cancel your order or return the goods to us as
referred to in clauses 4.1, 4.2 and 4.3 will not apply in the following
circumstances:
- in the event that the product has been used
- in the event that the product has been damaged or lost by the
customer
- to any products that we have made or customised specifically for
you
The provisions of this clause 4.4 do not affect your statutory rights.
4.5 In the unlikely event that an order posted to you is not delivered,
please contact us after 2 weeks have passed. We will send a replacement
after 2 weeks OR you can make a claim directly with the Royal Mail
after 3 weeks. We cannot make refunds for undelivered items; only
the Royal Mail can do this. We cannot be held responsible for orders
which are lost due to incorrect/incomplete address details supplied.
5. Licence and Copyright
5.1 You are permitted to view and print 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 trademark 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 the property of
Cat Happiness Limited and are protected under international copyright
law. 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. Availability and Access
6.1 While we endeavour 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 our Privacy Policy,
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 licences 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 If you would like to link to this Website, you may only do so
on the basis that you link to, but do not replicate, the home page
of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance
of the Cat Happiness Limited logo;
(b) you do not create a frame or any other browser or border environment
around this Website;
(c) you do not in any way imply that we are endorsing any products
or services other than our own;
(d) you do not misrepresent your relationship with us nor present
any other false information about us;
(e) you do not otherwise use any Cat Happiness Limited trade marks
displayed on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive
or controversial, infringes any intellectual property rights or
other rights of any other person or otherwise does not comply with
all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this
clause 8.2 for breach of these terms and to take any action we deem
appropriate.
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.kittycollars.co.uk 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 if you breach any of your obligations under
these terms and conditions.
10. Disclaimer
10.1 While we endeavour 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 We have made every effort to display as accurately as possible
the colours of the products that appear on this Website. However,
as the colours you see will depend on your monitor, we cannot guarantee
that your monitor's display of any colour will be accurate. Colour
swatches are available: up to 4 swatches for £1.00.
10.3 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 provides you with this
Website on the basis that we excludes 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.
11.5 We cannot be held responsible for orders which are lost due
to incorrect/incomplete address details supplied.
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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