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Terms, Conditions & Disclaimers

Terms, Conditions & Disclaimers

» General

» Price and Payment

» Pricing Fluctuations

» What are our UK Delivery Charges?

» Delivery Schedule

» Damage in Transit

» Pre-Delivery Inspection & Assembly Service

» Conformity With Contract

» Cancellactions / Returns

» Faulty Products

» Guarantees and Warranties

» Complaint Handling Procedure

» Alternative Dispute Resolution

» Supply of Free of Charge Products

» WEEE Regulations

» Terms of Use

» User Content Agreement

» How We Handle Your Data

General

By using this site, you agree to the following Terms & Conditions. If you do not agree to these terms, you may not use this site. Countrylifestores.co.uk  reserve the right, at any time, to modify, alter or update these terms of use and you agree to be bound by such modifications, alterations or updates on subsequent visit.

These Terms and Conditions govern the supply of goods sold by Countrylifestores.co.uk Limited (“we” and “us”) to the customer (“you”)

Country Life Stores,

Nedge Lane, Chewton Mendip

Radstock,Somerset,BA3 4LW

Telephone:           01761 241270

Fax:                      

E-mail:                 info@countrylifestores.co.uk

Showroom Hours: Monday to Friday 08:30am to 18:00pm (excluding Bank Holidays)

                                  Saturday 08.30am to 13.30pm (closed on Saturday during lockdown)

Telephone Hours: Monday to Friday 08.00am to 17.30pm (excluding Bank Holidays)

Registered VAT No. GB291316507

Company Registration No. 11264925

These Terms and Conditions do not affect your statutory rights as a consumer. The consumer’s statutory rights are not excluded or limited in any way in accordance with the Sale of Goods Act 1979 (as amended), The Consumer Protection Act (1987), The Consumer Contracts Regulations (2014) and the Consumer Rights Act (2015)

Purchasers are required to be 18 or over and accept our full terms, conditions & disclaimer, before products are dispatched.

All orders placed by you and purchases of goods from us (whether in-store, by telephone, via our website or by such other means as we may permit) are based on these Terms and Conditions and are subject to acceptance by us either:

delivering the goods to you; or

providing the goods that you have purchased to you in our retail showroom, at which point a legally binding contract is constituted between us.

The processing of your payment and acknowledgement of your order does not constitute legal acceptance of your order.

Errors and Omissions Excepted (E&OE):

Every care is taken by Country Life Stores Limited to ensure that all information on the website is present and correct – sometimes there may still be errors on this website. If you find an error or omission, please let us know, and we will correct it as soon as possible after verification. To the fullest extent permitted at law, we shall not be liable for any kind of loss or damage from action taken or reliance placed on information contained on the site. Country Life Stores will not be liable to you for any indirect or consequential loss, damage or expenses (including but not limited to loss of profits, business or goodwill) and shall have no liability to pay any money to you by way of compensation. We apologise for any inconvenience that may be caused due to any errors or omissions present and will do what we feel is reasonable in way of rectifying the error.

 Price and Payment

We must receive payment for the whole of the price of the goods we supply to you before delivery unless we have agreed otherwise in advance in writing.

All product prices on the website include VAT @ 20%.

Prices exclude delivery which will be calculated immediately prior to checkout.While we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Prices in our showroom may vary to those shown on the website.

All goods remain the property of Country Life Stores Limited until payment has been received in full.

By using a credit/debit card to pay for your order or purchase, you confirm that the card being used is yours or that you are authorised to use it.

All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of the card refuses to authorise payment we will not accept your order or purchase, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for the item not being delivered or provided to you. We are not responsible for the card issuer or bank charging the holder of the card because of our processing of your credit/debit card payment in accordance with your order or purchase.

We recommend that you do not communicate your payment card details to anyone, including us, by email. We cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility

For any orders over £1000 we reserve the right to ask for payment via BACS or Chaps transfer we will cover up to £25.00 pounds in Chaps charges where applicable. In these instances, no funds will be taken from your card. This will apply especially in cases where goods are not being delivered to the registered card address.

Please note whilst you will be able to place American Express orders online to a different delivery address it is our internal policy to only deliver these orders to the card holders address.  You will be contacted and asked if this is acceptable or will be offered the option to cancel your order.

Price Promise Products

We offer to match genuine prices on websites where the item is in stock for immediate dispatch, excluding 3rd party websites such as EBay and weekend sale prices.  Price match will be on the product only and will not include any promotional items we offer when at full price.

Pricing Fluctuations

Due to continuing instability in world financial markets, both suppliers and manufacturers are being forced to constantly adjust their prices to reflect the instability of the dollar. Many of our products are sourced from abroad & those that are not are still made from imported materials so fluctuations in exchange rates cause us to continually monitor our prices.

Such variations mean that prices shown on this web site may occasionally be incorrect due to unforeseen increases in our buying price. Therefore, we may have to contact you with a price change before accepting your order. We will endeavour to control rising costs as much as possible but many of the price rises are out of our direct control.

 What Are Our UK Delivery Charges?

Due to rising costs of couriers the cost of delivery on certain products and postcodes has increased. As a business World of Power do all we can to keep delivery costs low but unfortunately we are unable to absorb these costs and must pass on a slight price increase in deliveries to the customer. The cost of delivery is under review constantly and should prices decrease, these savings will be passed back to you our customer. No profit is made by World of Power on any delivery charges levied to the customer.

Standard parcel under £100 on a 4-6 day delivery service £6.99*

Standard parcel over £100 on a 4-6 day delivery service £0.00*

Standard parcel under £100 on a next day delivery service £8.99*

Standard parcel over £100 on a next day delivery service £6.99*

Large parcel under £100 on a 4-6 day delivery service £9.99*

Large parcel over £100 on a 4-6 day delivery service £5.99*

Large parcel under £100 on a next day delivery service £12.99*

Large parcel over £100 on a next day delivery service £8.99*

Excess parcel under £100 on a 4-6 day delivery service £12.99*

Excess parcel over £100 on a 4-6 day delivery service £5.99*

Excess parcel under £100 on a next day delivery service £15.99*

Excess parcel over £100 on a next day delivery service £8.99*

Delivery of a standard parcel to the Isle of White is charged at £34.99 inc VAT.

*Please note there are some postcodes which incur additional costs, to confirm the cost of delivery please add the items you wish to purchase to your basket where you can enter your postcode for a delivery quote.

The cost of a pallet delivery is very much postcode dependant, to confirm the cost of delivery please add the items you wish to purchase to your basket where you can enter your postcode for a delivery quote.

We do not deliver to The Scottish Islands, Isle of Man, Scilly Isles, Channel Islands, and any countries outside of mainland UK. If you choose to purchase a product for forward delivery to an address outside our delivery area, should the item require any kind of repair or replacement, we can only collect the product from a UK address.

Delivery Schedule

Items in stock are normally despatched within 24-48 hours or 3-6days on a ‘next day’ or ‘standard delivery’ service depending which is chosen at checkout. Out of stock items are typically available within 3-6 working days and in stock items on a standard delivery are typically delivered within 2-3 days. Our customer service department will contact you if we foresee any delays beyond this, with the option to cancel or amend your order.

Before placing your order, please refer to the delivery options set out on our website to ensure that we can deliver to your address. A valid signature is required on collection or delivery and cannot be left without you’re prior authority, should you wish to authorise this please email info@countrylifestores.co.uk

You will be notified by email when your order is dispatched, this email will include your order consignment number and carrier contact details.

In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately. We cannot be held responsible for any orders delayed in the carrier system as this is beyond our control.

You must do all that you reasonably can to enable delivery to take place at the given time and place. If the parcel delivery fails the carriers will leave a calling card for you to re-arrange the delivery which must be done by you within 3 days. For pallet deliveries the delivery must be accepted on the date arranged prior to the delivery, should this fail any cost of re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods, less the failed delivery costs.

For reasons of health and safety and to avoid any property damage, items dispatched via a pallet delivery service can only be delivered to the exterior of a ground floor location at the delivery address and on to hard standing. You must therefore make your own arrangements at your own risk if the relevant item needs to be transported from the delivery location. We will not provide any unpacking, installation, fitting or waste removal services upon delivery unless otherwise agreed by us in writing. The pallet will not be removed by the delivery driver; this will be down to you to dispose of.

Upon delivery of the goods to you or collection of the goods by you, the goods shall be at your risk and responsibility. Despite delivery or collection, ownership (also known as “title”) in the goods shall not pass to you until you have paid the price for the goods in full.

If you choose to arrange collection of a product by using your own carrier, we cease to be responsible for your consignment as soon as we hand them over to the carrier.

Damage in Transit

If parcels / pallets are damaged or items are missing you should either refuse the delivery completely or sign for the parcels as being ‘DAMAGED’.

If the number of parcels / pallets does not match or correspond to the consignment note, this must be stated as ‘SHORT DELIVERY’.

Should you not have the time to check the parcel / pallet please sign for the goods as ‘UNCHECKED’.

It is your responsibility to ensure that the actions above are followed BEFORE SIGNING. Mistakes cannot be rectified once the number of packages has been signed for.

All carrier related damages and discrepancies must be reported to us within 2 working days via email. We will not be responsible for any carrier-related damage or loss reported outside of this 2-day period.

Pre-Delivery Inspection & Build Up Service

Pre-Delivery Inspection

 Many of the garden machinery tools that we sell are covered by a PDI (Pre-Delivery Inspection) before we send them out to you. This will ensure that you are not disappointed by receiving a faulty item. 

All the following tools receive a PDI carried out by a manufacturer trained and approved technician prior to despatch.

Husqvarna

John Deere

Webb

A PDI involves the technician undertaking the some or all or some of the following processes:

Removing the product from its box

Filling with fuel and oil

Fitting the chain (where required)

Starting and running to manufacturer’s specification

Draining off fuel and oil

Repacking in original box – some additional packaging may be provided

Unless stated otherwise, the PDI will be carried out free of charge.

Conformity with Contract

It is our responsibility to supply you with goods that meet your consumer rights. If you have any concerns that we have not met our legal obligations, please contact a member of our Customer Services team.

Cancellation & Returns
Cancellation Within the Statutory Period

Providing you are a domestic consumer, under the terms of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel your order within 14 days after the day on which the goods were received, without giving a reason.

Cancellation must either be in the form of an email, letter or facsimile and sent to our address as listed in the ‘contact us’ section of the website. Since the process of cancellation is time sensitive and requires a clear record of correspondence, we strongly suggest you email your cancellation request to us at the email below:

info@countrylifestores.co.uk

Within 48 hours of sending your request, you will receive a confirmation email from us together with an outline of the process. If you have not received notification with the stated period, you should contact our customer service team on 01761 241270.

If you cancel your order under these provisions, then you will be responsible for returning the goods to us in an as new condition or alternatively you will be responsible for our costs in recovering the goods.

You must make sure that you take good care of the goods and that they are undamaged and not rendered unsaleable through use during the “cooling off” period. Goods should be returned in their original packaging but, if this is not possible, you must make sure that you pack the item securely for forward transit. Please ensure that your name and address are clearly marked on the outside packaging so that we can identify it upon its receipt in our warehouse.

If your product is petrol powered, please ensure your machine is drained of all fuel and oil and is packed suitably and securely for carriage, preferably in its original packaging. It is your responsibility to ensure that your product is packed sufficiently well to ensure it is not damaged in transit.

All products will be checked in our warehouse on return however, Assuming the goods are returned as described above, the full price and standard delivery charge will be refunded within 14 days of receiving your returned item. Goods must be received by us within 14 days of the date of receipt by us of your notice to cancel.

If the product has been used and returned within the 14-day period, the amount of refund will depend on the product’s condition and any cosmetic or other damage from use.

If you are returning items that were originally delivered by pallet, please be aware that the costs to send them back will be considerably higher than the standard the price you were originally charged for delivery and you may be charged any difference.

Faulty Products

If the product you purchase is not of satisfactory quality, fit for purpose or as described, we will offer a repair, exchange or refund as appropriate and in accordance with your legal rights under the Consumer Rights Act (2015). Any such products can be returned to us free of charge.

Without prejudice to your right to cancel orders, if you have notified us of a problem with the goods within 30 days of delivery or collection, we may at our option either offer to replace or repair any goods that are damaged or defective upon delivery or collection or cancel the order (or part of the order affected) and refund to you the amount paid by you for the goods in question.

If an item develops a fault after 30 days following delivery or collection, and where the manufacturer has provided a helpline, repair service or warranty, you should contact the manufacturer direct. If there is no such service or warranty with the product, in most instances we will either offer a repair or where this is not possible we will replace the item with the same or an equivalent model.

We will not be liable to you, whether arising because of breach of contract or in tort or otherwise for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising because of any problem in relation to the goods, although this does not exclude or limit our liability for death or personal injury resulting from our negligence.

Wherever possible, we ask that all goods are returned in their original packaging with all accessories included such as manuals, attachments or freebies. If they are not, and other packaging and collection services are needed, we may ask you to pay the extra costs. You have a duty to take reasonable care of the goods whilst in your possession. All returned products of this nature are photographed on arrival at our goods in department.

It is your responsibility to ensure that your look after the product and keep it secure until we collect it. If you are returning the product to us yourself, you must ensure the same.

If an item is deemed to be operating within the manufacturers specification, it will be returned to you and we will charge for the return delivery of products.

Charges are as follows:

Products Up To 20kg (Inc. packaging)                       £15.74 – £25.37 collection and £8.84 – £18.46 re-delivery

Products Between 21kg and 30kg (Inc. packaging)     £19.24 – £31.17 collection and £12.34 – £24.26 re-delivery

Products Over 30kg (Inc. packaging)                         Contact us for Quote

Pallets                          Contact us for Quote

The above is subject to VAT at the current rate.

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Guarantees and Warranties

All guarantees, warranties and assistance from Country Life Stores are offered in addition to your statutory rights as a consumer.

Complaint Handling Procedure

The Company endeavours to respond to complaints within 5 working days. We will attempt to handle complaints fairly and promptly, keeping the customer informed about progress

Feedback on how we can improve our service is always welcome. In all cases, please do not hesitate to contact our customer services department, the contact details of which are:

Country Life Stores         01761 241270

 Alternative Dispute Resolution

Because of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015, we are required to provide you with information regarding alternative dispute resolution (ADR) schemes.

The following is a link to the European Online Dispute Resolution platform

https://ec.europa.eu/odr)

Supply of Free of Charge Products

Where possible, we supply free of charge products as per the description on our website, however we reserve the right to supply an alternative product of the same quality and value if necessary. Free of charge products advertised on our website only apply to online orders and click & collect orders placed via the website.

WEEE Regulations

The Waste Electrical or Electronic Equipment (WEEE) Directive requires countries to maximise separate collection and environmentally friendly processing of these items.  In the UK, distributors (including retailers) must provide a system which allows all customers buying new electrical equipment the opportunity to recycle their old items free of charge. Those establishing their own take-back scheme must as a minimum offer all customers buying new electrical equipment free take back of their old electricals on a like-for-like basis. Unwanted electrical equipment is the UKs fastest growing type of waste.

Many electrical items can be repaired or recycled, saving natural resources and the environment.  If you do not recycle, electrical equipment will end up in landfill where hazardous substances will leak out and cause soil and water contamination – harming wildlife and human health.

To remind you that old electrical equipment can be recycled, it is now marked with a crossed-out wheeled bin symbol. Please do not throw any electrical equipment (including those marked with the crossed out wheeled bin symbol) in your bin. We are pleased to offer our customers the chance to recycle their old electrical items when purchasing a new item from us, please contact us for more details.

You can return your waste batteries to our business premises in person but, due to regulations imposed by The Royal Mail, you cannot post them.

Alternatively, you can find your local waste portable battery recycling facility at https://www.recyclenow.com/

Most supermarkets and shops that sell batteries will have collection bins for used batteries, and some town halls, libraries or schools may also set up collection points. End-users may find stores in their local area more accessible.

Terms of Use

These Terms of Use, and any documents referred to herein, set out the terms and conditions on which you are permitted to use our website, www.countrylifestores.co.uk (our website). By using our website, you agree to be bound by, and to comply with, these Terms of Use.

Please read these Terms of Use carefully. We recommend that you print off a copy of these Terms of Use for your records, as well as any future versions of them, as we may update them from time to time. YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSES 14 (EXCLUSIONS AND LIMITATIONS OF LIABILITY), 15 (INDEMNIFICATION), 16 (DISCLAIMERS) AND 17 (AGE RESTRICTIONS ON USE OF OUR WEBSITE).

If for any reason whatsoever you do not agree to these Terms of Use or do not wish to be bound by them, you must not access or use our website.

Contents

Our details

Your responsibility for others who access our website using your device or internet connection

Other documents governing your use of our website

Availability of our website

Changes we may make to these Terms of Use and other documentation

Your account details

Ownership of material on our website

Information and content on our website provided on non-reliance basis

Permitted use of materials on our website

Prohibited uses of our website

Viruses and other harmful content

Links to other websites

Links to our website

EXCLUSIONS AND LIMITATIONS OF LIABILITY

INDEMNIFICATION

DISCLAIMERS

AGE RESTRICTIONS ON USE OF OUR WEBSITE

Governing law and jurisdiction

Copyright, credit and logo

Our details

Country Life Stores Ltd (we, our and us) operates the website.

Country Life Stores Ltd is a limited liability company incorporated in England and Wales (company number 11264925).

Our contact telephone number is 01761 241270  and our contact email address is info@countrylifestores.co.uk

Your responsibility for others who access our website using your device or internet connection

You must ensure that any persons who access our website on your computer(s) or device(s), or who are permitted or able to access our website on your computer(s) or device(s), or who use your internet connection, are aware of these Terms of Use and all other documentation referred to in them, and that such persons also agree to be bound by and to comply with these Terms of Use. If for any reason whatsoever, such persons do not agree to these Terms of Use or do not wish to be bound by them, they must not access or use our website, and you must not permit them to do so.

Other documents governing your use of our website

In addition to these Terms of Use, your use of our website is also governed by the following documents:

Our privacy policy, which is available at [insert link to privacy policy]. Our privacy policy governs our use of your personal information. It sets out the types of personal information we collect, the reasons we collect it, how we use it, where we may pass it on to any third parties, in what circumstances and for what reasons, and any other relevant information relating to our use and/or processing of your personal information and your rights in relation to your personal information.

Our cookies policy, which is available at www.countrylifestores.co.uk/cookie-policy. Our cookies policy governs our use of cookies and similar technologies on our website. It sets out the types of cookies we use, the purposes for which we use them, the circumstances in which we may place cookies on your computer, device or browser, and other relevant information relating to cookies, such as how to change your browser preferences and settings to accept or reject cookies.

Our terms of sale, which are available at www.countrylifestores.co.uk/terms_conditions. Our terms of sale govern any purchases or orders you make for goods or services on our website. They set out the status of any orders placed, the contract terms relating to delivery and performance of those orders, any exclusions that apply to you and other relevant terms relating to our supply of goods, services or digital content.

Our user content agreement, which is available at www.countrylifestores.co.uk/terms_conditions. Our user content agreement sets out the terms upon which you are permitted to upload content to our website and make use of its interactive functions. It also sets out the restrictions applicable to the type of content you may upload and describes our rights and remedies in respect of such content.

By accessing and using our website, you agree to be bound by the terms and conditions contained in these Terms of Use, you acknowledge that we will process your personal information in accordance with our privacy policy, and you accept our use of cookies in accordance with our cookies policy.

If you do not agree to the terms set out in these Terms of Use, or if you do not wish for us to process your personal information in accordance with our privacy policy, or if you do not agree to our use of cookies or other similar information-gathering technologies in accordance with our cookies policy, you must not use our website.

Availability of our website

We make no representations and provide no warranties that:

the website will be made available at any specific time or from any specific geographical location;

your access to the website will be continuous or uninterrupted; or

the website will be accessible or optimised on all browsers, computers, tablets, phones or viewing platforms.

We reserve the right to suspend access to all or part of the website for any reason, including for business or operational reasons, such as improving the appearance or functionality of the website, content updates, periodic maintenance, or to resolve any issues that we become aware of. Wherever we anticipate that we need to suspend access to the website for a considerable period of time, we will try to provide you with prior notice where reasonably practicable.

Our website is provided for users in the United Kingdom only. Although it may be possible to access the website from other countries, we make no representation that our website is compliant with any legal requirements in force in any jurisdiction other than the United Kingdom, or that the content available on the website will be appropriate for users in other countries or states.

Changes we may make to these Terms of Use and other documentation

We reserve the right to update these Terms of Use, our privacy policy, our cookies policy and any other documentation referred to in any of these documents from time to time. We may change our Terms of Use and other documentation for any reason, including:

to reflect any changes in the way we carry out our business;

to account for any changes we make to our website, including, without limitation, any new features or functionality we provide, any adjustments to the means by which we provide notices to you, or any changes in the content, purpose or availability of the website;

to accurately describe our current data-processing activities so that you are kept up to date with our latest practices;

to inform you of any changes in the way that we use cookies or similar information-gathering technologies; or

to ensure that our documentation complies and remains compliant with any and all current and future applicable laws, regulations and official guidance.

If required by law, we will provide you with notice of any changes in these Terms of Use or the other documentation referred to in them by posting a notice on the website and/or by posting an updated version of these Terms of Use or other such documentation on our website with a new effective date stated at the beginning of them.

By continuing to access our website after we have updated our Terms of Use, terms of sale, and/or user content agreement, you agree to be bound by those updated versions. You also acknowledge that by continuing to access our website after we have updated our privacy policy and/or our cookies policy, that the practices set out in those updated policies will apply to our handling of your personal information and our use of cookies or similar information-gathering technologies.

You must check these Terms of Use and all other documentation referred to in them each time you access our website in order to ensure that you are aware of the terms that apply to you at that time.

The date that these Terms of Use and/or any other documents (including our privacy policy and cookies policy) were last amended is set out at the top of that document and may be referred to as that document’s “effective date”.

Your account details

If we provide you with account information such as a user name, identification number, account code and/or password, you must keep such information confidential and secret and not disclose it to anyone. All account information is provided for use of the named account holder only, and not for any other person. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your account information to any third party.

Where we provide you with the option to select your own login information, including a password, we recommend that you supply login information unique to your own use of this website, and do not use information from other accounts you may hold with other websites or any easily discoverable personal information. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your login information to any third party.

You must never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You agree that you will not solicit, collect or use the login credentials of other individuals. We prohibit the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide to us upon registration and at all other times will be true, accurate, current, and complete. You agree to update your information as necessary to maintain its truth and accuracy.

We reserve the right to withdraw access to your account without notice for any actual or suspected breach of these Terms of Use or any other documentation referred to in them, including, without limitation, where we suspect that there has been unauthorised access to your account, or any unauthorised disclosure of your login information.

If you know or suspect that the confidentiality of your login information has been compromised, for example, by the disclosure of such information to any third party, you must immediately change your password. If you are unable to change your password, you must immediately notify us by email, at info@countrylifestores.co.uk.

Ownership of material on our website

All trade marks, service marks, trade names, logos, copyright and other intellectual property rights in our website and its content are either owned by us or licensed to us. All such rights are protected by intellectual property laws around the world, and all rights are reserved. Any use of the website and its contents, other than as specifically authorised herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us.

Country Life Stores is a [registered] trade mark of Country Life Stores Limited.

The trade marks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our website (collectively, “Third Party Mark(s)”) may be trade marks of their respective owners, who may or may not endorse or be affiliated with or connected with us. Except as expressly provided in these Terms of Use, or in terms provided by the owner of a Third Party Mark, nothing in these Terms of Use or on or via the website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of our or any Third Party Marks that are used or displayed on the website, without the respective owner’s prior written permission, in each instance. All goodwill generated from the use of our trade marks will benefit us exclusively.

Information and content on our website provided on non-reliance basis

Our website is made available to you in order to provide you with general information about us, our business, and any products or services that we offer from time to time. We do not make our website available for any other purposes, except as expressly provided in these Terms of Use.

The content on our website is not intended to be construed as advice. You must not rely on any of the content of our website for any purposes whatsoever, and you must seek your own independent professional advice before deciding to take any course of action on the basis, whether in whole or in part, of any of the content available on our website at any time.

We make no representations and provide no warranties whatsoever, whether express or implied, that any of the content or materials available on our website from time to time are accurate, up to date or complete.

Permitted use of materials on our website

The content on our website is provided for your personal, private and non-commercial use only. You may print or share the content from our website for lawful personal, private and non-commercial purposes, and you may also make others within your organisation aware of the content on our website. You may not otherwise extract, reproduce or distribute the content of our website without our prior written consent.

Whenever you print, download, share or pass on content from our website to others, you must not make any additions or deletions or otherwise modify any text from our website, you must not alter or change any images, media or graphics from our website in any way, you may not remove any accompanying text from such images, media or graphics, and you must ensure that all content passed on to any third party is an accurate representation of the content as it appears on our website.

You are prohibited from using any robots, spiders, data mining or scraping technology or any similar third party tools for the extraction or reproduction of any data or content from our website without our prior written consent.

Whenever you pass on any content or materials from our website to anyone, you must acknowledge us as the authors of such content or materials (or any other authors wherever credited by us) at the time when you pass on such content or materials.

Prohibited uses of our website

You must not reproduce, duplicate, copy or resell any part of our website or any content from our website, save and except to the extent expressly permitted in these Terms of Use.

You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our website or any part of it, our systems, any of our hardware or equipment or any networks on which our website is hosted, any software that we use to create or modify the website or to make the website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.

You must use our website for lawful purposes only and in accordance with these Terms of Use. You must not use our website:

for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;

for any fraudulent purposes whatsoever;

to conduct any unsolicited or unauthorised advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorised by us;

to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content;

to communicate with, harm or attempt to harm children in any way; or

in any way or for any purpose that breaches these Terms of Use or the terms of any of the documents these Terms of Use refer to.

You must not submit to us any personal information about you if you are under the age of 18, or about any other person who is either:

under the age of 18; or

if they are aged 18 or above, where you have not received their prior written consent to submit personal information about them to us.

Viruses and other harmful content

We do not guarantee that our website does not contain viruses or other malicious software. [However, we do make reasonable efforts to prevent such viruses or bugs from being uploaded to our website.]

We shall not be responsible for any bugs or viruses on our website, or any software that might be transferred to your computer from our website, or any consequences which the presence or operation of such programs may have.

You must ensure that you have in place up-to-date and effective anti-virus protection on your computer or other browsing device.

You must not upload or otherwise introduce to our website any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious.

You must not use any third parties, software or technology to attempt to gain unauthorised access to our website, our servers, systems, hardware, software or data.

You must not attempt to perform any denial of service type attack on our website.

You must not perform any action which would contravene the Computer Misuse Act 1990.

We may report any breach or suspected breach of this clause 11 (Viruses and other harmful content) to the relevant authorities and may disclose your identity.

Links to other websites

Links to third party content or websites may appear on our website from time to time. We are not responsible for the content of any websites accessible via any link(s) on our website. All content on third party websites is outside of our control, and we do not represent or warrant that such content is related to us or our website, suitable or appropriate for use or viewing, lawful or accurate.

Any third party website accessible via a link on our website may collect and process your personal information. We are not responsible for any data-processing activities carried out by any third party website which is linked to from our website, and we disclaim any and all liability in respect of the same. You should check the privacy policy of any such third party to establish how they may use your personal information before you decide to use their website and its features.

Links to our website

You may not link to our website without our prior written consent.

Where you have obtained our consent to link to our website:

you may provide links to our website on other websites owned by you, provided that such websites and the use of any links to our website comply with these Terms of Use;

wherever you post a link to our website on any other website, you agree that you will do so in an appropriate manner, and not in any way which is defamatory or disparaging towards us, which misrepresents us or our business, or which causes any harm whatsoever to us or our business; and

you must not link to our website in order to suggest any form of joint venture, partnership, collaboration, affiliation, business relationship, approval or endorsement in connection with us where none exists and in any event, without having first obtained our prior written consent.

We may withdraw permission to link to our website at any time. In the event that we withdraw permission to link to our website and inform you of the same, you must immediately remove or cause to be removed any links to our website.

EXCLUSIONS AND LIMITATIONS OF LIABILITY

We do not exclude our liability to you where it would be unlawful to do so, for example, for death or personal injury caused by our negligence. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law.

[If you purchase goods or services from our website, different exclusions of liability may apply. These are contained in our terms of sale.]

SUBJECT TO THE AFORESAID, IN NO EVENT SHALL WE (INCLUDING OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS) UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) COSTS, EXPENSES, LIABILITIES OR PENALTIES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, WHETHER FORESEEABLE OR UNKNOWN, ARISING FROM, IN CONNECTION WITH OR RELATING TO:

YOUR USE OF OUR WEBSITE;

ANY CORRUPTION OR LOSS OF DATA;

ANY INABILITY TO ACCESS OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTIONS, SUSPENSION OR WITHDRAWAL OF OUR WEBSITE (FOR ANY REASON WHATSOEVER);

ANY USE YOU MAKE OF ANY CONTENT OR MATERIALS ON OUR WEBSITE, INCLUDING ANY RELIANCE YOU MAKE ON SUCH CONTENT OR MATERIAL;

ANY LOSS OF SAVINGS, PROFITS, SALES, BUSINESS OR REVENUE;

ANY LOSS OF REPUTATION OR GOODWILL;

ANY LOSS OF SAVINGS;

ANY LOSS OF A CHANCE OR OPPORTUNITY; OR

ANY OTHER SECONDARY, CONSEQUENTIAL OR INDIRECT LOSSES,

AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, WITHOUT LIMITATION, YOU ASSUME AND SHALL BE LIABLE FOR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS, DAMAGE, COSTS, EXPENSES, LIABILITIES OR PENALTIES ARISING.

WE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.

You specifically agree that we shall not be liable for any content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING OUT OF, OR IN CONNECTION WITH, OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.

To the extent that any of the provisions of this clause 14 (EXCLUSIONS AND LIMITATIONS OF LIABILITY) are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law.

INDEMNIFICATION

You (and also any third party for or on behalf of whom you operate an account or activity on the website) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the website or those conducted on your behalf):

your uploads, access to or use of the website;

your breach or alleged breach of these Terms of Use;

your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;

your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or

any misrepresentation made by you.

You will cooperate as fully required by us in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.

DISCLAIMERS

THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:

THE SERVICE;

THE WEBSITE CONTENT;

USER CONTENT; OR

SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE WEBSITE.

IN ADDITION, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE

WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

AGE RESTRICTIONS ON USE OF OUR WEBSITE

Our website and any products or services available on or via the website are not intended for use by individuals under the age of 18.

IF YOU ARE UNDER THE AGE OF 18, YOU MUST NOT USE OUR WEBSITE, PURCHASE OR ATTEMPT TO PURCHASE ANY OF OUR PRODUCTS OR SERVICES, OR SUBMIT ANY PERSONAL INFORMATION TO US.

We do not knowingly or intentionally process the personal information of any individual under the age of 18.

Governing law and jurisdiction

These Terms of Use, any documents they refer to, and any disputes arising from or in relation to them or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed in accordance with English law.

The courts of England and Wales shall have exclusive jurisdiction over any claims or disputes arising from or in relation to these Terms of Use and any documents they refer to.

Copyright, credit and logo

The copyright in these Terms of Use is either owned by, or licensed to, us and is protected by copyright laws around the world and copyright protection software. Unless expressly indicated otherwise, all intellectual property rights in this document and elsewhere on our website, including any content on our website, are reserved.

These Terms of Use are based on a General Data Protection Regulation (Regulation (EU) 2016/769) (“GDPR”) compliant template provided by GDPR Privacy Policy. For further information, please visit www.gdprprivacypolicy.org

Where we display the GDPR Privacy Policy logo on our website, this is used to indicate that we have adopted a privacy policy template provided by GDPR Privacy Policy as the basis for this Privacy Policy..

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User Content Agreement

This User Content Agreement sets out the terms that apply to you when you use any interactive functions on our website, www.worldofpower.co.uk (our website). When you click agree to this User Content Agreement, you agree to be bound by its terms in addition to our website terms of use, you acknowledge that your personal information will be processed in accordance with our privacy policy, and that we use cookies and other information-gathering technologies in accordance with our cookies policy, and you agree to check for the latest version of this User Content Agreement, our terms of use, privacy policy and cookies policy each time you access our website.

Please read this User Content Agreement carefully. We recommend that you print off a copy of this User Content Agreement for your records, as well as any future versions of it, as we may update it from time to time.

If for any reason whatsoever you do not agree to this User Content Agreement or do not wish to be bound by any or all of its terms, you must not click agree to this User Content Agreement, and you must not access or use any interactive functions of our website, link to our website, contact other users of our website or upload any content to our website.

Basis of agreement

Variation of this User Content Agreement

Content uploaded to our website

Rights you grant in relation to content uploaded to our website

Prohibited uses of our website

Prohibited Content

Actions we may take in relation to uploaded content

No responsibility for user-generated content

Viruses and other harmful content

Links to other websites

Links to our website

Conflict

Severance

Assignment

Waiver

Third party rights

Reservation of rights

Governing law and jurisdiction

Copyright, credit and logo

Basis of agreement

This User Content Agreement, in addition to our Terms of Use, sets out the terms and conditions that apply to you when you access any interactive features of our website, upload content onto our website, interact with other users of our website or upload links on our website.

When you click agree to this User Content Agreement, you agree to be bound by the terms set out herein.

Variation of this User Content Agreement

We may vary the terms of this User Content Agreement from time to time:

to reflect any changes in the way we carry out our business;

to account for any changes we make to our website, including, without limitation, any new features or functionality we provide, any adjustments to the means by which we provide notices to you, or any changes in the content, purpose or availability of the website; or

to ensure that our documentation complies and remains compliant with any and all current and future applicable laws, regulations and guidance.

By continuing to access our website after we have updated this User Content Agreement, you agree to be bound by that updated version.

You must check this User Content Agreement each time you access our website in order to ensure that you are aware of the terms and conditions that apply to you at that time.

If required by law, we will provide you with notice of any changes we make to this User Content Agreement by posting a notice on our website. Where we make any changes to this User Content Agreement, we will post the updated version on our website with a new effective date stated at the beginning of it.

The date that this User Content Agreement was last amended is set out at the top of the document and may be described as the document’s “effective date”.

Content uploaded to our website

Whenever you make use of any feature or interactive function on our website that enables you to upload content to our website, any content you upload must:

state any facts accurately;

state opinions only when, and to the extent that, they are genuinely held, and you must also state the person to whom those opinions belong;

comply with all applicable laws and regulations both in England and Wales, any country from which you upload the content and any other applicable laws from time to time; and

not constitute Prohibited Content (described in clause 6 (Prohibited Content) below).

You may upload your own confidential information to our website, but any confidential information you upload will be made public and non-confidential by you uploading it. We do not guarantee that any content uploaded by you will be treated as confidential, and we disclaim any responsibility for maintaining the confidentiality of any such uploaded content. You must not upload confidential information belonging to any other person. Any and all content that you upload to our website will be treated as non-confidential.

We are not responsible for securing or backing up any data or content uploaded by you, and we are not responsible for any loss or corruption of such data or content. If you do not wish to lose any content uploaded by you, you should back up and secure such content independently.

You shall be solely responsible for content you upload to our website and for the consequences of uploading or publishing it. In connection with your uploads and anything contained, displayed, featured, incorporated, or appearing therein or related thereto, you hereby represent and warrant that you either:

are the owner of all copyright and other intellectual property rights in the content uploaded by you; or

are licensed or otherwise legally authorised by the owner of the copyright or other intellectual property rights in the content you upload to use that content and to distribute that content on or via third party websites (including on or via our website) in the public domain on a non-confidential basis, and to grant the licence described in clause 4.2 (Rights you grant in relation to content uploaded to our website) for and on behalf of the owner of the copyright.

You further represent and warrant that your use and/or uploading of any content to our website does not infringe and will not infringe on the copyright, trade mark, trade secret, rights or privacy or publicity, or other intellectual property or personal rights of any person or entity.

If you own the copyright in any photograph, video or other material that appears on our website and you consider that its appearance on our website violates your copyright, please notify us by email at webteam@worldofpower.co.uk. If you are uncertain whether the use of the content you are reporting infringes your legal rights, you may wish to seek legal guidance. Please bear in mind that submitting intentionally misleading reports of infringement may be punishable under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”) in the United States, with similar laws existing in other countries.

Rights you grant in relation to content uploaded to our website

You shall at all times remain the owner of all copyright in the content uploaded by you, unless the copyright in such content is owned by a person other than yourself, in which case that person shall retain the ownership of the content.

By uploading content to our website, you grant us a worldwide, transferable, non-exclusive, perpetual, irrevocable, royalty-free licence to use, copy, adapt, modify, reproduce, process, publish, transmit, display and distribute such content to anyone, by any means whatsoever, for any lawful purpose, and to relicense, whether or not in exchange for payment, third parties to do the same. This means that any content you upload to the internet via our website is public, and may be distributed anywhere by anyone, including persons other than ourselves and those to whom we have relicensed it.

You grant each user of the website a non-exclusive licence to access the content you upload through the website, and to use, copy, reproduce, distribute and display such content as permitted through the functionality of the website and under this User Content Agreement.

You waive any claims you may have based on any usage of the content you upload or the works derived therefrom including (but not limited to) claims for infringement, invasion, misappropriation, or violation of intellectual property or personal rights.

Prohibited uses of our website

You must use our website for lawful purposes only and in accordance with this User Content Agreement. You must not use our website:

to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing the same;

to conduct any unsolicited or unauthorised advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate or market to anyone any goods, services or business not authorised by us;

for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;

for any fraudulent purposes whatsoever;

to communicate with, harm or attempt to harm children in any way; or

in any way or for any purpose that breaches this User Content Agreement or the terms of any other documents referred to in it.

Prohibited Content

You must not upload any content to our website, or upload to our website any links to third party websites containing content which falls into any one or more of the following categories (Prohibited Content):

contains confidential information belonging to any other person, save and except where you have the legally binding authorisation of such person to upload the content to our website;

contains any advertising or promotions relating to any other business or that provides a link to any other business, without our prior written consent;

is deceptive, dishonest, deceitful, inaccurate or untrue;

misrepresents your identity, status or any affiliation you may have with any third party;

impersonates any other person or organisation;

represents or suggests that the content is provided by us or reflects our views, opinions, positions, activities or affairs;

contains any swear word or profanity, is offensive, obscene, hateful or aggressive, threatening, abusive, harassing or malicious towards any person or is likely to cause anxiety, distress, discontent or annoyance, or which promotes violence, hatred, aggression or unrest;

is in any way discriminatory towards any person or class of persons on account of nationality, race, gender, age, religion, disability, sexual orientation or any other characteristic or ground(s) capable of constituting unlawful discrimination under the Equality Act 2010;

infringes any intellectual property rights of any other person, including, without limitation, any copyrights, database rights or trade marks;

breaches any statutory duty owed to any other person;

breaches the terms of any contract owed to any other person;

contravenes the terms of any court order;

is defamatory, disparaging, rude or insulting towards any person or organisation or which is capable of harming the reputation of any person or organisation;

contains, alludes to or describes any sexually explicit material, or which redirects users to such content;

incites, encourages, advocates or promotes any illegal activity, or assists anyone in the commission, planning or conduct of any illegal activity; or

contains a statement that is likely to be understood by some or all of the members of the public to whom it is published as a direct or indirect encouragement or other inducement to them to the commission, preparation or instigation of acts of hatred, violence or terrorism.

Actions we may take in relation to uploaded content

We reserve the right to take any action whatsoever that we deem appropriate in respect of any suspected or actual breach of this User Content Agreement. Such action may include:

issuing you with a warning in respect of your non-compliance with the terms of this User Content Agreement;

suspension or termination, without notice, of your right to use our website;

modification or removal of any content uploaded by you;

disclosure of your identity to any third party where that third party (or their representative) makes a complaint to us relating to content uploaded by you, and it appears to us that the content uploaded by you constitutes a violation of their or any other person’s intellectual property rights, privacy rights or any other rights;

disclosure of your identity, any content uploaded by you and any other relevant information to the police or any other law enforcement authority in the event that we deem this to be reasonable, necessary or otherwise required or permitted by law;

commencing legal proceedings against you for all expenses that we incur because of any breach by you of this User Content Agreement; or

any other or additional action that we deem appropriate in the circumstances.

YOU HEREBY HOLD HARMLESS AND INDEMNIFY US FROM AND AGAINST ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REPUTATION OR GOODWILL, AND ANY OTHER SECONDARY OR CONSEQUENTIAL LOSSES), PENALTIES, COSTS (INCLUDING PROFESSIONAL AND LEGAL COSTS ON A FULL INDEMNITY BASIS) AND EXPENSES SUFFERED OR INCURRED BY US ARISING FROM, IN CONNECTION WITH OR RELATING TO ANY BREACH BY YOU OF THIS USER CONTENT AGREEMENT OR OUR TERMS OF USE OR ANY ACTION BROUGHT AS A CONSEQUENCE OF ANY CONTENT BEING UPLOADED BY YOU (INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY CONTENT).

We shall have no liability to you whatsoever for the consequences of any action we take in response to any breach by you of the terms of this User Content Agreement, our website terms of use, or any other document, laws or regulations governing your use of our website.

No responsibility for user-generated content

Some parts of our website may contain content and materials that have been uploaded by other users. Any such content is owned by or licensed to the users who uploaded the material, or owned by other third parties and has not been approved by us. We make no representations and provide no warranties whatsoever in respect of any such user-generated content, and have no obligation to monitor or review any such content. Any opinions or views contained in any user-generated content may describe the opinions and views of the users who uploaded it and/or the views of third parties and not our own views, opinions, positions or values. Accordingly, we do not endorse any opinions, advice or recommendations contained in any user-generated content.

Viruses and other harmful content

You must ensure that you have in place up-to-date and effective anti-virus protection on your computer or browsing device which you use to access our website.

You must not upload or otherwise introduce to our website any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious.

You must not use, whether by yourself or in conjunction with any third parties, any software or technology to attempt to gain unauthorised access to our website, our servers, systems, hardware, software or data, or cause, encourage or entice any third party to do the same.

You must not perform any denial of service type attack on our website.

You must not perform any action which would contravene the Computer Misuse Act 1990.

We may report any breach or suspected breach of this clause 9 (Viruses and other harmful content) to the relevant authorities and may disclose your identity to them.

Links to other websites

We are not responsible for the content of any website(s) accessible via any link(s) on our website from time to time. All content on third party websites is outside of our control, and we do not represent or warrant that such content is related, suitable, appropriate, lawful or accurate.

Any third party website accessible via a link on our website may collect and process your personal information. We are not responsible for any data-processing activities carried out by any third party website linked to from our website or how such third parties may use your personal information, and we disclaim any and all liability in respect of the same. You must check the privacy policy of any such third party to establish how they may use your personal information before you decide to use their website and its features.

Links to our website

Where you have obtained our consent to link to our website:

you may provide links to our website on other websites owned by you, provided that such websites and the use of any links to our website comply with these Terms of Use;

wherever you post a link to our website on any other website, you agree that you will do so in an appropriate manner, and not in any way which is defamatory or disparaging towards us, which misrepresents us or our business, or which causes any harm whatsoever to us or our business; and

you must not link to our website in order to suggest any form of joint venture, partnership, collaboration, affiliation, business relationship, approval or endorsement in connection with us where none exists and in any event, without having first obtained our prior written consent.

We may withdraw permission to link to our website at any time. In the event that we withdraw permission to link to our website and inform you of the same, you must immediately remove or cause to be removed any links to our website.

Conflict

The terms of this User Content Agreement shall prevail over any other terms which may conflict with them, including any terms in our Terms of Use, privacy policy or cookies policy.

Severance

In the event that any term of this User Content Agreement is found by a court of competent jurisdiction to be void, invalid, illegal, unenforceable or non-binding, it shall be modified to the minimum extent necessary to make it valid, legal, effective and binding, giving effect to the purpose of the original term to the maximum extent possible. In the event that such modification of the term is not possible, it shall be deleted from this User Content Agreement. Where a term is defective only because of a partial term, sub-clause or part-provision of a term, and such modification is not capable of remedying the defect, that defective partial term, sub-clause or part-provision alone shall be deleted. No deletion of any term or partial term, sub-clause or part provision under this clause shall affect the validity of the remainder of this User Content Agreement or any other terms contained herein.

Assignment

We may assign, transfer or otherwise deal with, in any way whatsoever, any of our rights and obligations under this User Content Agreement. We may need to do this, for example, if we sell part or all of our business, in order to obtain credit from a third party, where we engage subcontractors, or in connection with the enforcement of our rights. Where we do assign, transfer or otherwise deal with our rights and obligations under this User Content Agreement, we will try to give you notice of such action.

You may not assign, transfer or otherwise deal with, in any way whatsoever, any of your rights and obligations under this User Content Agreement.

Waiver

Any failure to exercise or delay by us in exercising any of the rights or remedies that we may have under this User Content Agreement or otherwise shall not constitute a waiver of those rights or remedies, or any other rights or remedies that we may have against you or any other person at any time. Any exercise of our rights and remedies under this User Content Agreement or otherwise shall not restrict us in any way from the further exercise of those same rights or remedies, or any other rights or remedies that we may have against you or any other person at any time.

Third party rights

Save and except as expressly provided in this User Content Agreement, no person other than a party to this agreement shall have any rights or remedies (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise) in respect of this User Content Agreement.

Reservation of rights

The rights and remedies arising under this User Content Agreement are in addition to any rights and remedies arising under law.

Governing law and jurisdiction

This User Content Agreement, any documents referred to in it, and any disputes arising from or in relation to it, whether contractual or not, shall be governed by and construed in accordance with English law.

The courts of England and Wales shall have exclusive jurisdiction over any claims or disputes arising from or in relation to this User Content Agreement or any documents referred to in it.

Copyright, credit and logo

The copyright in this User Content Agreement is either owned by, or licensed to, us and is protected by copyright laws around the world and copyright protection software. All intellectual property rights in this document are reserved.

This User Content Agreement is based on a General Data Protection Regulation (Regulation (EU) 2016/769) (“GDPR”) compliant template provided by GDPR Privacy Policy. For further information, please visit www.gdprprivacypolicy.org

Where we display the GDPR Privacy Policy logo on our website, this is used to indicate that we have adopted a privacy policy template provided by GDPR Privacy Policy as the basis for this Privacy Policy.

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How We Handle Your Data

So that we can offer you the best service possible, we need to collect information from you when you order from us. However, we recognise that the privacy of our customers’ personal information is very important and we are committed to maintaining it.

We do not collect any personal information about you on our website unless you choose to provide it to us voluntarily. If you decide to place an order with us, there is certain personal information that we will require from you to process your order.

The Information We Collect

Information we request and hold may include, but is not limited to, the following:

Your name

Billing and delivery postal addresses

Phone and/or fax numbers

Email addresses

Usernames (for account holders)

How We Use Your Data

We, or third party data processors who act on our behalf, may use the personal data you provide us in the following manner:

To provide you with the requested goods and/or services including but not limited to processing and fulfilling your order

For the purposes of administering promotions such as competitions and prize draws.

To monitor and improve our services and our website.

To manage your marketing preferences, including opting out entirely.

To contact you if there is a query regarding your order.

If you purchase goods on our website, you may be sent an email requesting whether you would like to review the service you received.

To verify your identity.

In certain circumstances to process your order and to verify your identity, we may call the telephone number you have provided to perform security checks and to request that you verify certain information.

To enable us to comply with any legal or regulatory requirements.

In the detection and prevention of fraud or other crimes.

To assist with any of your customer queries.

For research, analysis, risk management, legal, accounting, administrative, testing, monitoring and for our business operations.

To provide an e-Receipt for a store purchase.

How We Protect Your Information

We endeavour to protect the information you provide and have various security procedures in place. Any payment transactions are handled entirely by our secure payment partners and are encrypted using Secure Socket Layer technology. This protects your data while being sent over the internet from being intercepted and misused by third parties. Once used for the purposes of your sales transaction, your credit or debit card data is destroyed.

All customer information entered via this website is stored on our secure servers, where it can only be accessed by authorised personnel for the purposes of processing customer orders. Trade account customers may also have access to some of their account details via this Website.

We have also installed a mechanism that uses digital server identities so that you can be sure that the website you access is our Website. This is done using one of the internet Trusted Certification Authorities. If you access any secure pages of our Website, your browser will be provided with an electronic certificate confirming that you have accessed our Website and all communications will be encrypted. Firewalls are used to block unauthorised traffic to the servers and the actual servers are in a secure location which can only be accessed by authorised personnel.

Log Files

As with most other websites, we collect and use the data contained in log files. The information in the log files include your IP (internet protocol) address, your ISP (internet service provider, such as BT), the browser you used to visit our site (such as Internet Explorer or Firefox), the time you visited our site and which pages you visited throughout our site. It does not include any personally identifiable information – we can’t tell who you are, only what you did while on our site. We use this information, in aggregate, to determine how many people visit our site, how they found us and if they experienced any problems on the site.

Cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a site. Cookies also allow web applications to respond to you as an individual; the website can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website to tailor it to customer needs. We only use this information for statistical analysis purposes. Cookies also enable our website to ‘remember’ your basket as you move from one page to another and to allow account holders to login to their accounts.

Overall, cookies help us provide you with a better website by remembering your shopping basket, allowing access to user accounts and enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to disable or selectively turn off our cookies in your browser settings, or by managing preferences in programs such as Norton Internet Security. However, this can affect how you are able to interact with our site as well as other websites. This could include the inability to login to services or programs, such as logging into forums or accounts.

Review Requests

We use a service called Trust Pilot to gather customer reviews of our service so that new customers can buy from us in confidence. After you make a purchase from us, you may receive an email from Trust Pilot inviting you to leave a review of the service you received, but you are under no obligation to respond. Your data will only be used in the first instance to generate an automated email containing a unique link for you to leave a review.

If you choose to leave a review, this will be handled by the Trust Pilot website and this interaction will be governed by their Privacy Policy.

Trust Pilot’s full privacy policy can be found at: legal.trustpilot.com/end-user-privacy-terms

Publication of Comments Online

You agree that we can publish any comments that you send to us concerning the quality of our service or products on our website. We may use your name and town of residence, but we will not publish your email address, telephone number, website address or street address.

We aim to exceed our customer expectations as often as possible, however there may be rare occasions when a customer feels that they have not been treated fairly. If this is the case you agree that before posting any negative comments on any website, newsgroup, blog or other online resource you agree to write to the customer services manager explaining the problem and allowing 14 days to investigate and resolve the problem and/or respond in writing. If you are still dissatisfied then you agree to include the customer services reply in any online publication you make, to provide any readers with a balanced view.

Publication of negative material that is untrue will result in an action for libel against the publisher.

Links From The Website To Other Sites

Our Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Updating Your Details

If any of the personal data that you have provided to us changes, please provide us with the correct details by sending an e-mail entitled “Change of details” to info@countrylifestores.co.uk

Should you wish to access the personal information that we hold about you please write to us at the above address. You will need to include a brief description about the information you require to enable it to be located, proof of identification and payment of our £10 administration fee. We will then respond to you within forty (40) days of the date of your request.

Changes To Our Policy

 If we change our Policy, we will post the changes on this page and we may also place notices on other pages of the Website, so that you can check our current policy at any time. If we make any changes that might significantly affect the way we deal with your information, we may also email you to notify you of the proposed changes, so that you may have your details removed from our records if you do not agree with the changes.