This page (together with our Privacy
Policy and Cookies Policy) sets out the terms and conditions ("Website
Terms") on which we, GAS VILLAGE .co.uk Ltd ("we" or "GAS VILLAGE"), provide our
services through our
website
www.gasvillage.com and any GAS VILLAGE mobile application through which you access our website or services
(together, "Website"). Please read these Website Terms carefully before ordering any products
through, the
Website, as your purchase of any products offered on the Website is subject to these Website Terms. By
ordering
products via the Website (whether now or in the future), you agree to be bound by these Website Terms. Use
of
the Website is also subject to these Website Terms.
We reserve the right to change these Website Terms from time to time by changing them on this page. We
advise
you to print a copy of these Website Terms for future reference. These Website Terms are only in the English
language.
Use of your personal information submitted via the Website is governed by our Privacy Policy and Cookies Policy
For the avoidance of doubt, please note that references to "Website" in these Website Terms include
any
current
or future version of our website www.gasvillage.com and any GAS VILLAGE mobile application through which you
access our website or services, in each case whether accessed through any current or future platform or
device
(including without limitation any mobile website, mobile application, affiliate website or related website
for
accessing our website or services that may be developed from time to time).
By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept
these Website Terms, you should leave the Website immediately, and you will not be able to order any
products
through the Website.
TERMS AND CONDITIONS OF USE AND SALE
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1. INTRODUCTION AND OUR ROLE
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1.1. Company details: GAS VILLAGE is a company registered in England and Wales with registered
company
number
11033537, whose registered office is at 20-22 Wenlock Road, London, N17GU.
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1.2. Service: We provide a way for you to communicate your orders ("Orders") for products
("Products") to
delivery or takeaway Gas and Accessories Suppliers ("Suppliers") displayed on the Website (the
"Service").
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2. WEBSITE ACCESS AND TERMS
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2.1 Website access: You may access some areas of the Website without making an Order or registering
your
details
with us. Most areas of the Website are open to everyone.
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2.2 Acceptance of terms: By accessing any part of the Website, you indicate that you accept these
Website
Terms.
If you do not accept these Website Terms, you should leave the Website immediately, and you will not be
able
to
order any Products through the Website.
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2.3 Revision of terms: We may revise these Website Terms at any time. You should check the Website
regularly
to
review the current Website Terms, because they are binding on you. You will be subject to the policies and
terms
and conditions in force at the time that you place an Order through us.
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2.4 Responsibility: You are responsible for making all arrangements necessary for you to have
access to
the
Website. You are also responsible for ensuring that all persons who access the Website through your
Internet
connection are aware of these Website Terms and that they comply with them.
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3. YOUR STATUS
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3.1 Capacity and age: By placing an Order through the Website, you warrant that:
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3.1.1 You are legally capable of entering into binding contracts; and
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3.1.2 You are at least 18 years old.
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4. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
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4.1 Compiling your Order: Once you have selected the Products you wish to order from the Product of
your
chosen
Supplier and provided the other required information, you will be given the opportunity to submit your
Order
by
clicking or selecting the "proceed", "place my order" or similar button. It is important that you check
all
the
information that you enter and correct any errors before clicking or selecting this button; once you do so
we
will start processing your Order and errors cannot be corrected.
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4.2 Amending or cancelling your Order: Once you have submitted your Order and your payment has been
authorised,
you will not be entitled to change or cancel your Order, nor will you be entitled to a refund (please
refer
to
paragraph 4.4 for details of the process relating to rejected Orders). If you wish to change or cancel
your
Order, you may contact our Customer Care team as described in paragraph 6.3 and they will attempt to
contact
the
Supplier in order to communicate your requests. However, there is no guarantee that we will be able to
reach
the
Supplier or that the Supplier will agree to your requests as they may have already started processing your
Order.
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4.3 Payment authorisation: Where any payment you make is not authorised, your Order will not be
processed
or
communicated to the relevant Supplier.
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4.4 Processing your Order and Supplier rejections: On receipt of your Order, we will begin
processing it
by
sending it to the relevant Supplier and will notify you by email that your Order has been received and is
being
processed. Please note that any confirmation page that you may see on the Website and any Order
confirmation
e-mail that you may receive each merely indicate that your Order has been received and is being processed
by
us,
and does not necessarily mean that your Order has been accepted by the Supplier. We encourage all our
Suppliers
to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by
email)
as
soon as reasonably practicable if a Supplier rejects your Order. However, Suppliers have the discretion to
reject Orders at any time because they cannot meet the delivery targets, due to weather conditions or for
any
other reason.
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4.5 Delivery of your Order: Estimated times for deliveries and collections are provided by the
Suppliers
and
are
only estimates. Neither we nor the Suppliers guarantee that Orders will be delivered or will be available
for
collection within the estimated times.
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5. PRICE AND PAYMENT
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5.1 VAT and delivery costs: Prices will be as quoted on the Website. These prices include VAT but
may
exclude
delivery costs (if you opt for delivery instead of collection) and any online payment administration
charge
imposed by the Supplier (if you pay for your Order online). These will be added to the total amount due
where
applicable.
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5.2 Incorrect pricing: This Website contains a large number of products and it is possible that
some of
the
products may include incorrect prices. If the correct price for an Order is higher than the price stated
on
the
Website, we will normally contact you before the relevant Order is dispatched. In such an event, neither
we
nor
the relevant Supplier is under any obligation to ensure that the Order is provided to you at the incorrect
lower
price or to compensate you in respect of incorrect pricing.
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5.3 Payment methods: Payment for Orders must be made by an accepted credit or debit card through
the
Website
or
in cash to the Supplier at the point of delivery to you.
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5.4 Card payments: If you pay by credit or debit card, you may be required to show the card to the
Supplier
at
the time of delivery as proof of identification and so that they can check that the card conforms with the
receipt data for the Order. Please note that from time to time there may be delays with the processing of
card
payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from
your
bank account or charged to your credit or debit card.
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5.5 Credit and discount vouchers: A credit or discount may apply to your Order if you use a
promotional
voucher
or code recognised by the Website and endorsed by GAS VILLAGE , and you pay for any balance by credit or
debit
card. Please refer to our voucher terms for the full terms and conditions applicable to the use of credit
and
discount vouchers. Please note that because of standard banking procedures, your bank or card issuer will
initially "ring-fence" the full amount of the Order (before any credit or discount) in your account for
between
3 to 5 working days (or longer, depending on your bank or card issuer), and this amount will therefore be
unavailable in your account for that period. The credit or discount will be applied at the time your bank
or
card issuer transfers the funds for your Order to us, at which point the credit or discounted amount will
not be
transferred to us and will instead be released by your bank or card issuer back into your available
balance.
You
acknowledge and agree that neither we nor the relevant Supplier will be responsible or liable to you in
relation
to this delay by your bank or card issuer in the release of funds back into your account.
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5.6 Rejected Orders: Because of standard banking procedures, once you have submitted an Order that
you are
paying for by credit or debit card and your payment has been authorised, your bank or card issuer will
"ring-fence" the full amount of your Order. If your Order is subsequently rejected by the Supplier (as
described
in paragraph 4.4 above) or cancelled for any other reason, your bank or card issuer will not transfer the
funds
for the Order to us, and will instead release the relevant amount back into your available balance.
However,
this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You
acknowledge
and agree that neither we nor the relevant Supplier will be responsible or liable to you in relation to
this
delay by your bank or card issuer in the release of funds back into your account.Estimated times for
deliveries
and collections are provided by the Suppliers and are only estimates. Neither we nor the Suppliers
guarantee
that Orders will be delivered or will be available for collection within the estimated times.
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6. CUSTOMER CARE
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6.1 General: Customer care is extremely important to us. Subject to paragraphs 6.5 and 11, our
Customer
Care
team will therefore try to assist you where possible if you have any problems with your Order. You can
contact
our Customer Care team by clicking or selecting the "Need help?", "Help" or similar button or by calling
the
telephone number shown on the Website.
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6.2 Questions about your Order: If your Order is taking longer than expected or you have any other
problems
with
your Order, you can contact our Customer Care Team as described above and one of our Customer Care
Advisers
will
attempt to contact the Supplier in order to follow up on your query.
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6.3 Changing or cancelling your Order: If you wish to change or cancel your Order after it has been
submitted
and payment has been authorised, you may contact our Customer Care team as described above and they will
attempt
to contact the Supplier in order to communicate your requests. However, there is no guarantee that we will
be
able to reach the Supplier or that the Supplier will agree to your requests as they may have already
started
processing your Order.
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6.4 Complaints or feedback: In the event that you are dissatisfied with the quality of any Products
or the
service provided by a Supplier, please consider providing feedback in the form of ratings, comments and
reviews
on the Website (together, "Reviews") to reflect your experience. The Reviews are an important part of our
quality control process.
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6.5 Compensation: If you are dissatisfied with the quality of any Products or the service provided
by a
Supplier
and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact
the
Supplier directly to lodge your complaint and, where appropriate, follow the Supplier 's own complaint
procedures. If you are unable to contact the Supplier , or the Supplier refuses to deal with your
complaint,
you
can contact our Customer Care Team as described above within 48 hours of placing your Order and one of our
Customer Care Advisers will attempt to contact the Supplier in order to request compensation on your
behalf.
Please note that we have no control over Suppliers and the quality of the Products or service that they
provide,
and we are not able to provide, and have no responsibility or liability for providing, any compensation to
you
on behalf of any Supplier.
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7. LICENCE
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7.1 Terms of permitted use: You are permitted to use the Website and print and download extracts
from the
Website for your own personal non-commercial use on the following basis:
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7.1.1 You must not misuse the Website (including by hacking or "scraping").
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7.1.2 Unless otherwise stated, the copyright and other intellectual property rights in the Website and
in material published on it (including without limitation photographs and graphical images) are owned
by us or
our
licensors. These works are protected by copyright laws and treaties around the world and all rights
are
reserved. For the purposes of these Website Terms, any use of extracts from the Website other than in
accordance
with paragraph 7.1 is prohibited.
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7.1.3 You must not modify the digital or paper copies of any materials that you print off in
accordance with
paragraph 7.1 and you must not use any pictures, photographs or any other graphics, video or audio
sequences
separately from any accompanying text.
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7.1.4 You must ensure that our status as the author of the material on the Website is always
acknowledged.
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7.1.5 You are not allowed to use any of the materials on the Website or the Website itself for
commercial
purposes without obtaining a licence from us to do so.
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7.2 Limitation on use: Except as stated in paragraph 7.1, the Website may not be used, and no part
of the
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.
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7.3 Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.
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8. SERVICE ACCESS
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8.1 Website availability: While we try to ensure the Website is normally available twenty-four (24)
hours
a
day,
we do not undertake any obligation to do so, and we will not be liable to you if the Website is
unavailable
at
any time or for any period.
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8.2 Suspension of access: Access to the Website may be suspended temporarily at any time and
without
notice.
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8.3 Information security: The transmission of information via the internet is not completely
secure.
Although we
take the steps required by law to protect your information, we cannot guarantee the security of your data
transmitted to the Website; any transmission is at your own risk.
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9. LICENCE
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9.1 General:
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9.1.1 Other than personally identifiable information, which is covered under Privacy Policy, any
material
you
post, upload or transmit or upload to the Website (including without limitation Reviews) ("Visitor
Material")
will be considered non-confidential and non-proprietary. By posting, uploading or transmitting any
Visitor
Material, you represent and warrant that you own or otherwise control all of the rights to such
Visitor
Material. You agree that we will have no obligations with respect to any Visitor Material, and that we
and
anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any
Visitor
Material and all data, images, sounds, text and other things embodied in it for any and all
commercial
or
non-commercial purposes.
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9.1.2 You represent and warrant that that any Visitor Material you post, upload or transmit does not
and
will
not breach any of the restrictions in paragraphs 9.2 to 9.3 below.
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9.2 Visitor Material Policy: You are prohibited from posting, uploading or transmitting to or from
the
Website
any Visitor Material (including any Reviews) that:
- 9.2.1 breaches any applicable local, national or international law;
- 9.2.2 is unlawful or fraudulent;
- 9.2.3 amounts to unauthorised advertising; or
- 9.2.4 contains viruses or any other harmful programs.
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9.3 Visitor Reviews Policy: In particular (but without limitation), any Reviews that you submit
through
the
Website must not:
- 9.3.1 contain any defamatory, obscene or offensive material;
- 9.3.2 promote violence or discrimination;
- 9.3.3 infringe the intellectual property rights of another person;
- 9.3.4 breach any legal duty owed to a third party (such as a duty of confidence);
- 9.3.5 promote illegal activity or invade another's privacy;
- 9.3.6 give the impression that they originate from us; or
- 9.3.7 be used to impersonate another person or to misrepresent your affiliation with another person.
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9.4 Removal of Reviews: The prohibited acts listed in paragraphs 9.2 and 9.3 above are
non-exhaustive. We
reserve the right (but do not undertake, except as required by law, any obligation) and have the sole
discretion
to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the
Website that we determine breaches a prohibition in paragraphs 9.2 or 9.3 above, is otherwise
objectionable
or
may expose us or any third parties to any harm or liability of any type, or for any other reason.
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9.5 Use of Reviews: The Reviews and other Visitor Material contained on the Website are for
information
purposes
only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers
who
have ordered through the Website or other third parties, and any statements, advice or opinions provided
by
such
persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility
or
liability to any person for any Reviews or other Visitor Material, including without limitation any
mistakes,
defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
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9.6 Liability: You agree to indemnify us against any losses, damages and claims (and all related
costs)
incurred
by or made against us by a Supplier or any other third party arising out of or in connection with any
Reviews or
other Visitor Material that you provide in breach of any of the representations and warranties, agreements
or
restrictions set forth in this paragraph 9.
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9.7 Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any
competent
authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or
other
Visitor Material in breach of paragraph 9.2 or 9.3 or any other applicable restriction and you release us
to
the
fullest extent permitted by law from all liability in relation to such disclosure.
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10. LINKS TO AND FROM OTHER WEBSITES
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10.1 Third party websites: Links to third party websites on the Website are provided solely for
your
convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of
these
third party websites (and are not responsible for these websites or their content or availability). We do
not
endorse or make any representation about these websites, their content, or the results from using such
websites
or content. If you decide to access any of the third party websites linked to the Website, you do so
entirely at
your own risk.
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10.2 Linking permission: You may link to the Website's homepage www.gasvillage.com, provided that:
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10.2.1 you do so in a fair and legal way which does not damage or take advantage of our reputation;
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10.2.2 you do not establish a link from a website that is not owned by you or in a way that suggests a
form
of
association with or endorsement by us where none exists;
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10.2.3 any website from which you link must comply with the content standards set out in these Website
Terms
(in
particular paragraph 9 (Visitor Materials and Reviews));
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10.2.4 we have the right to withdraw linking permission at any time and for any reason.
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11. DISCLAIMERS
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11.1 Website information: While we try to ensure that information on the Website is correct, we do
not
promise
it is accurate or complete. We may make changes to the material on the Website, or to the Service,
Products
and
prices described on it, at any time without notice. The material on the Website may be out of date, and we
make
no commitment to update that material.
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11.2 Product information: We try to accurately copy the item names, descriptions, prices, special
offer
information, safety warnings and other information ("Product Information") from the Products that are
provided
to us by Suppliers. However, it is the Suppliers that are responsible for providing this Product
Information
and
ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility. If
you
are in doubt about Product Information, you should confirm with the Supplier directly before ordering.
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11.3 Supplier actions and omissions: The legal contract for the supply and purchase of Products is
between
you
and the Supplier that you place your Order with. We have no control over the actions or omissions of any
Suppliers. Without limiting the generality of the foregoing, you acknowledge and accept the following by
using
the Website:
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11.3.1 We do not give any undertaking that the Products ordered from any Supplier through the Website
will
be of
satisfactory quality or suitable for your purpose and we disclaim any such warranties.
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11.3.2 Estimated times for deliveries and collections are provided by the Suppliers and are only
estimates.
Neither we nor the Suppliers guarantee that Orders will be delivered or will be available for
collection
within
the estimated times.
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11.3.3 We encourage all our Suppliers to accept all Orders and to communicate any rejection promptly,
and we
will notify you (generally by email) as soon as reasonably practicable if a Supplier rejects your
Order.
However, we do not guarantee that Suppliers will accept all Orders, and Suppliers have the discretion
to
reject
Orders at any time because they are too busy, due to weather conditions or for any other reason.
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11.3.4 The foregoing disclaimers do not affect your statutory rights against any Supplier.
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11.4 Exclusion of terms: We provide you with access to the Website and Service on the basis that,
to the
maximum
extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other
terms in
relation to the Website and Service (including any representations, warranties, conditions, undertakings
and
other terms which might otherwise apply to the Website or Service, or be otherwise implied or incorporated
into
these Website Terms, by statute, common law or otherwise ).
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12. LIABILITY
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12.1 General: Nothing in these Website Terms excludes or limits our liability for death or personal
injury
arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which
cannot
be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.
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12.2 Exclusion of liability: Subject to clause 12.1, we will under no circumstances whatever be
liable to
you,
whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if
forseeable,
arising under or in connection with the Service or the Website (including the use, inability to use or the
results of use of the Service or the Website) for:
- 12.2.1 any loss of profits, sales, business, or revenue;
- 12.2.2 loss or corruption of data, information or software;
- 12.2.3 loss of business opportunity;
- 12.2.4 loss of anticipated savings;
- 12.2.5 loss of goodwill; or
- 12.2.6 any indirect or consequential loss.
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12.3 Limitation of liability: Subject to clauses 11, 12.1 and 12.2, our total liability to you in
respect
of
all
other losses arising under or in connection with the Service or the Website, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the
value
of your Order or £100, whichever is lower.
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12.4 Additional costs: You assume full and sole responsibility for any additional or associated
costs that
you
may incur in connection with or as a result of your use of the Website, including without limitation costs
relating to the servicing, repair or adaptation of any equipment, software or data that you may own,
lease,
license or otherwise use.
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13. TERMINATION
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13.1 Grounds for termination: We may terminate or suspend (at our absolute discretion) your right
to use
the
Website and the Service immediately by notifying you in writing (including by email) if we believe in our
sole
discretion that:
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13.1.1 you have used the Website in breach of paragraph 7.1 (License);
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13.1.2 you have posted Reviews or other Visitor Material in breach of paragraphs 9.2 or 9.3 (Visitor
Material and Reviews);
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13.1.3 you have breached paragraph 10.2 (Links to and from other websites); or
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13.1.4 you have breached any other material terms of these Website Terms.
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13.2 Obligations upon termination: Upon termination or suspension you must immediately destroy any
downloaded or
printed extracts from the Website.
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14. WRITTEN COMMUNICATIONS
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14.1 Applicable laws require that some of the information or communications we send to you should be in
writing.
When using the Website or ordering Products via the Website, you accept that communication with us will be
mainly electronic. We will contact you by email or provide you with information by posting notices on the
Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge
that
all contracts, notices, information and other communications that we provide to you electronically comply
with
any legal requirement that such communications be in writing. This condition does not affect your
statutory
rights.
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15. EVENTS OUTSIDE OUR CONTROL
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15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of
our
obligations under these Website Terms that is caused by events outside our reasonable control ("Force
Majeure
Event").
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15.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our
reasonable
control and includes in particular (without limitation) the following:
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15.2.1 strikes, lock-outs or other industrial action;
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15.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether
declared or not) or threat or preparation for war;
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15.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
-
15.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of
public or private transport;
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15.2.5 impossibility of the use of public or private telecommunications networks; and
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15.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
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15.3 Our performance under these Website Terms is deemed to be suspended for the period that any Force
Majeure
Event continues, and we will have an extension of time for performance for the duration of that period. We
will
use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which
our
obligations under these Website Terms may be performed despite the Force Majeure Event.
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16. ADDITIONAL TERMS
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16.1 Privacy Policy: We are committed to protecting your privacy and security. All personal data
that we
collect
from you will be processed in accordance with our Privacy Policy.
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16.2 Other terms: You should also review our Privacy Policy for information regarding how and why
we use
cookies
to improve the quality of the Website and Service.
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16.3 Severability: If any of these Website Terms are determined by any competent authority to be
invalid,
unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed
from
the remaining terms, conditions and provisions which will continue to be valid to the fullest extent
permitted
by law.
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16.4 Entire agreement: These Website Terms and any document expressly referred to in them
constitute the
whole
agreement between you and us and supersede all previous discussions, correspondence, negotiations,
previous
arrangement, understanding or agreement between us relating to the subject matter of any contract.
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16.5 No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision
of
these
Website Terms will not be interpreted as a waiver of your or our rights or remedies.
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16.6 Assignment: You may not transfer any of your rights or obligations under these Website Terms
without
our
prior written consent. We may transfer any of our rights or obligations under these Website Terms without
your
prior written consent to any of our affiliates or any business that we enter into a joint venture with,
purchase
or are sold to.
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16.7 Headings: The headings in these Website Terms are included for convenience only and shall not
affect
their
interpretation.
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17. GOVERNING LAW AND JURISDICTION
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17.1 These Website Terms shall be governed by and construed in accordance with English law. Disputes or
claims
arising in connection with these Website Terms (including non-contractual disputes or claims) shall be
subject
to the exclusive jurisdiction of the English courts.