If you have any enquiries, comments or concerns regarding this agreement or any other part of this site or regarding any of our featured products and services or if you have experienced technical problems while using this site, please send an email to here email@example.com.
“Seller” means Beckworth Emporium Limited, registered in England, No: 06665762 (in these Terms and Conditions also means ”beckworthemporium.com and iceemporium.com”) whose registered office is at 120-140 Glebe Road, Mears Ashby, Northants, NN6 0DL.
“Buyer” means the person whose name is printed on the Order.
“Contract” means the order and Order Confirmation (incorporating any Special Conditions)
“Faulty” means containing a fault or defect; imperfect or defective.
“Goods” means the goods or services which the Seller is to sell in accordance with these Terms and Conditions of Business.
“Order” means the Buyer’s order for Goods or services.
“Order Confirmation” means the Seller’s written Confirmation pursuant to Condition 3(b).
“Price” means the price together with postage and packing in force at the date and time of the Order, subject to any promotional offer or discount applicable.
“Person” means any person, firm or company.
“Special Conditions” any conditions in relation to orders set out and designated as such in the Order Confirmation.
“Terms and Conditions of Business” means the standard terms and conditions of business set out in this document.
“Writing” includes, other than for the purpose of Condition 9, email clearly bearing the names of the sender and the recipient and writing on the screen of a visual display unit or another similar device.
2. The Basis of Sale
a. These Terms and Conditions of Business and any Special Conditions will govern the Contract to the exclusion of any other terms, including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of an order or another document.
b. Any variation of these Terms and Conditions of Business and the Special Conditions will only bind the Seller if agreed in Writing between authorised representatives of the Seller and the Buyer.
c. The Seller’s employees are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into any Contract and in accepting delivery, the Buyer acknowledges that it does not rely on representations concerning the Goods which are not confirmed in this way.
3. Orders and Specifications
a. All Goods are offered for sale subject to availability and subject to the Seller’s acceptance of the Order.
b. The Seller reserves the right to reject any Order without the obligation to assign any reason for so doing. No Order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Seller in the Order Confirmation.
c. The Seller has a policy of continuous product development and reserves the right to amend the specifications of any of the Goods without prior notice.
d. The Seller endeavours to display and describe as accurately as possible the Goods which appear on its websites.
4. Price, Payment and Currencies
a. Prices are clearly marked as being either inclusive or exclusive of VAT. VAT is added based on the final value of your order in the check-out process, at the rate applicable.
b. Payment must be made by credit card or debit card at the time of placing an Order which is accepted by the Seller. Payment in full will be taken at this time and the Contract will be in force.
c. The Buyer undertakes that all details provided to the Seller for the purpose of the Order and its delivery will be correct and that the chosen method of payment is the property of the Seller and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered. The Seller reserves the right to obtain validation of the Seller’s credit card, debit card details before accepting the Buyer’s Order.
a. The place for delivery of the Goods will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be via email, regular postage or by courier.
b. The Seller will endeavour to process the Order and manufacture the Goods within the time period stated for each item. However, manufacturing time varies by the item of Goods and it is the policy of the Seller to combine items of the same type into separate shipping packages. Each package of like items will be sent separately by regular post or courier unless otherwise stated in the Order Confirmation as soon as it is completed. Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods howsoever caused.
c. The Buyer must inspect the Goods on delivery and, in the case where Goods have been delivered by courier, sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the number of Goods indicated on that document free from any apparent defect or damage The Buyer may not reject the Goods or any part of them solely on the grounds of short delivery of an instalment. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer.
d. The Seller reserves the right to make delivery of the Goods by instalments. If the Goods are to be delivered in instalments, each delivery will constitute a separate contract. The Buyer may not treat the Contract (as a whole) as repudiated if the Seller fails to deliver any one or more of the instalments or if the Buyer has a claim in respect of any one or more of the instalments.
e. If the Buyer wrongfully fails to take delivery of the Goods, the Seller shall be under no obligation to refund the Price
f. Goods may not be returned to the Seller except as provided in Condition 7 below.
6. Risk and Property
Risk of damage to or loss of the Goods will pass to the Buyer upon delivery to our chosen courier. Property in the Goods will not pass from the Seller until the Seller has received full payment of the Price and all other sums which are due, owing or payable by the Buyer to the Seller in respect of the Contract or any other Contract between the Seller and the Buyer.
7. Returns, refunds and rights of cancellation
a. The Buyer shall have the right to cancel any Order for Goods only in the following circumstances:
(i) if the Seller has failed to deliver the Goods ordered within 28 days after the date of the Order.
(ii) in the case of Faulty Goods at the earliest opportunity after the Buyer has discovered the fault or defect (provided that the Buyer shall be deemed to have inspected the Goods as soon as reasonably practicable after delivery and in no case longer than 14 days after receipt).
b. Notice of the wish to cancel must be made by email to the email address of beckworthemporium.com shown below.
c. For the avoidance of doubt, save in respect of faulty or defective goods, nothing in these Terms and Conditions of Business shall give to the Buyer rights of cancellation in regard to the Goods.
d. In the case of cancellation under Condition 7(a) above, the Seller shall be responsible for all sums paid (including initial and re-delivery charges (if any) in respect of the Goods in question.
e. All items of Goods which are returned by the Buyer to the Seller must be returned in their original packaging (which the Buyer should retain for the purpose) and must be in an unused condition.
8. Limitation of Liability
a. The Seller will not be liable for short delivery or Faulty Goods unless a claim is notified to the Seller in writing in accordance with Condition 7a. or, where upon reasonable inspection of the Goods, the Buyer should have become aware of such defect. The notification must include the Order confirmation number, delivery note number and details of the claim. In the case of a valid claim, the Seller may, in its sole discretion, replace the Goods (or the part in question) or refund to the Buyer the Price (or an appropriate proportion of the Price). The Seller will have no further liability to the Buyer in respect of the matters referred to in this Condition 8a.
b. The Seller will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of the Seller, including (but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
c. The liability of the Seller, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of the Seller’ s obligations in connection with the use of the information provided under the Contract, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; the cost of replacement capital; claims of purchaser’ s customers; inventory or use charges; or incidental or consequential damages of any nature.
d. This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Contract. It is up to the Buyer to take precautions to ensure that whatever computer equipment and/or software selected for use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. In no event will the Seller be liable to the Buyer or any other party associated with the Buyer from any direct, indirect, special or other consequential damages for any use of the beckworthemporium.com or iceemporium.com website, or any other hyperlinked website, including without limitation, any lost profits, business interruption, loss of programs or other data on the Buyer’ s information handling system or otherwise, even if the Seller has been expressly advised of the possibility of such damages.
e. In no event will any third party marketing partner or affiliate (e.g. Facebook) have any liability whatsoever to Buyer in connection with the services provided through the beckworthemporium.com and iceemporium.com websites. Seller hereby disclaims any and all such liability on behalf of such partners and affiliates.
9. Intellectual Property
a. These websites are owned by the Seller and operated by beckworthemporium.com and iceemporium.com. Unless otherwise noted on these websites, beckworthemporium.com and iceemporium.com own the copyright with respect to all content on the websites. Content includes text, graphics, logos, audio clips, trademarks, software server information, and anything else hosted on these websites. All rights to content, services, and server information are reserved. Any modification made to the content of this website by a third party is a violation of beckworthemporium.com and iceemporium.com’s copyright. Additionally, the beckworthemporium.com and iceemporium.com websites may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
b. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the website or any information displayed on the website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions of Business; or (b) with the prior written permission of beckworthemporium.com and iceemporium.com or the prior written permission from such third party that may own the trademark or copyright of information displayed on the website.
c. The beckworthemporium.com and iceemporium.com logo, name, and other marks indicated on the website are the subjects of applications for trademarks or registered trademarks of the Seller in the European Union and/or other jurisdictions. beckworthemporium.com and iceemporium.com’ s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of beckworthemporium.com and iceemporium.com. Beckworthemporium.com and iceemporium.com’s trademarks and trade dress may not be used in connection with any product or service that is not beckworthemporium.com and iceemporium.com’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits beckworthemporium.com and iceemporium.com. All other trademarks not owned by beckworthemporium.com and iceemporium.com that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by beckworthemporium.com and iceemporium.com.
d. The Buyer agrees that as an express condition of the holding of an account with the Seller the Buyer shall not use the service offered by the Seller to infringe the intellectual property rights of others in any way. The Seller reserves the right, with or without notice, to terminate forthwith the account of any Buyer who infringes (or who is alleged to have infringed) the copyrights or other intellectual property rights of any third party and to remove all such infringing (or allegedly infringing) material from the website.
10. Data Protection
a. The Seller is a registered Data Controller within the meaning of the Data Protection Act 1998 (”the Act”).
11. General and miscellaneous
(i) Any notice given or made under the Contract must be in writing (other than writing on the screen of a visual display unit or another similar device, which shall not be treated as writing for the purposes of this Condition).
(ii) A notice served on the Seller will be addressed as provided in Condition 9(e) and on the Buyer at the address stated on the Order, and if so addressed, will be deemed to have been duly given or made as follows:
* if sent by email, upon delivery at the address of the relevant party; or
* if sent by personal delivery, upon delivery at the address of the relevant party; or
* if sent by first class post, two clear business days after the date of posting.
(iii) The Seller and the Buyer may notify each other of a change in their name, relevant addressee and address for the purpose of this Condition and this notification will only be effective on:
* the date specified as the date on which the change is to take place; or
* if no date is specified or the date specified is less than five clear business days after the date on which notice is given, the date falling five clear business days after notice of any change has been given.
(iv) This Condition will not apply in relation to the formal service of any court documentation or other document arising in connection with any disputes under the Contract.
b. Governing law and jurisdiction
(i) The Contract shall be governed by and construed in accordance with English law.
(ii) The parties irrevocably agree that the courts of England are to have non-exclusive jurisdiction to settle any disputes which may arise in connection with the Contract.
If the Seller does not exercise a right or power when it is able to do so this will not prevent it exercising that right or power. When it does exercise a right or power it may do so again in the same or a different manner.
d. Statutory Rights
The rights of the Seller and the Buyer and remedies under the Contract are additional to and not in derogation of, any other rights and remedies they may have at law.
If any term or provision in the Contract is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Contract in its entirety, and the remainder of the Contract shall survive with the said offending provision eliminated.
f. Website Availability
Because public networks, such as the internet, occasionally experience disruptions, the Seller cannot guarantee the beckworthemporium.com and iceemporium.com websites will be available 100% of the time. Although the Seller strives to provide the most reliable website possible, interruptions and delays in accessing the website are unavoidable and the Seller disclaims any liability for damages resulting from such problems.
g. Typographical Errors
Information on beckworthemporium.com and iceemporium.com websites may contain technical inaccuracies or typographical errors. The Seller attempts to make its descriptions as accurate as possible but does not warrant that the content of the beckworthemporium.com and iceemporium.com websites are accurate, complete, reliable, current, or error-free.
i. Off-Site Links
A link to a non-beckworthemporium.com and iceemporium.com website does not mean that the Seller endorses or accepts any responsibility for the content or the use of such website. It is up to the Buyer to take precautions to ensure that whatever it selects for its use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
All Conditions and section headings are for convenience of reference only and shall not affect the interpretation of the Contract.
k. User Registration, eligibility and account activity
In registering for a beckworthemporium.com and iceemporium.com username, the Buyer acknowledges and represents that he/she is an individual of at least 13 years of age who can form legally binding contracts under applicable law. The Buyer agrees to keep the username and password confidential. The Buyer further guarantees that the information supplied to the beckworthemporium.com and iceemporium.com websites is accurate. Falsifying or omitting contact information such as a member’ s name, address, and/or telephone number when registering with beckworthemporium.com and iceemporium.com is not permitted. Users are also not permitted to use fax or disconnected numbers as a telephone number. When using this website the Buyer must obey all applicable international, federal, state, and local laws.
l. User Suspension and/or Termination
The Seller, in its sole discretion, may terminate the Buyer’ s user registration for violating beckworthemporium.com and iceemporium.com Policies. The Buyer agrees that breach of any of the terms of the Contract may also result in the immediate termination of the Buyers user registration and/or give rise to civil action against the Buyer.
m. Buyer indemnification of beckworthemporium.com and iceemporium.com
The Buyer agrees to indemnify the Seller and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including lawyers fees) which may arise from the Buyer’ s submissions to the beckworthemporium.com and iceemporium.com websites, and/or from the Buyer’ s unauthorised use of material obtained through the beckworthemporium.com and iceemporium.com, and/or from the Buyer’ s breach of the Contract, or from any other loss or damage of whatever kind suffered by the Seller caused by the Buyer’ s use of the beckworthemporium.com and iceemporium.com websites.
n. Seller’ s right of change and amendment
The Seller reserves the right to make changes from time to time to the nature of and/or the way in which it provides it services under contracts with Buyers and, in consequence, to make variations and amendments to these Conditions and to its Policies. Buyers who use the Seller’ s services on a regular basis should check the relevant links regularly before placing Orders.
o. Online Dispute Resolution
If you are not happy with how we have handled any complaint, you may submit a dispute for online resolution to the European Commission Online Dispute Resolution platform. You can find this platform and more information about it here: http://ec.europa.eu/consumers/odr/
Last Modified: May 2018
The data controller is:
INFORMATION WE COLLECT
We collect a variety of information about our wonderful customers (you!) and visitors to the Website.
Information Collected Automatically: Whenever you visit our Website, we automatically collect (noninvasive) information about you, namely:
- Your transactions with us, for example, the type of product you purchased and the costs of each product;
- Your use of our Website and the device you use to access our Website, for example, your IP address, the type of operating system and web browser you use and related information; and your activities on our Website, such as the pages you visit.
INFORMATION YOU PROVIDE TO US
If you provide us with Personal Information by filling out a form, registering for an account, making a purchase, or contacting us, we collect that Personal Information. For example, if you register on our Website, we collect your name, e-mail address, and password; If you place an order with us, we collect the Personal Information that you provide to us such as your shipping, billing, and payment information. See the ‘Credit and Payment Card information’ section below to read more about how we and our partners handle your payment information;
If you contact our customer services agents, you may also provide us with Personal Information that we collect.
If you take the opportunity to review our products (please be kind!) or participate in public forums associated with the Website, we will collect Personal Information in any such reviews, posts or comments. Note that these will be public so you should use care before posting information about yourself online (that’s just good advice in general).
Additional Information We Collect: From time to time, we may acquire additional information about our customers from third parties, such as the Postal Service and third parties that assist us in the provision of products and services requested by you.
CREDIT AND PAYMENT CARD INFORMATION
Beckworth Emporium uses third party payment processors SagePay, to process payments made for products and services via the Website. All online payments will be conducted in accordance with Payment Card Industry (PCI) data security standards (which are high!) and your billing information (which is only used by this payment processor for the purpose of performing fraud protection) is encrypted before being communicated to them. Subject to the below exceptions, your credit card details are communicated directly from your browser to this payment processor – Beckworth Emporium never (ever!) sees your full Permanent Account Number (PAN). This means that the payment form is either off-site or displayed in a frame on the payment page.
WHERE WE STORE DATA
Beckworth Emporium transfers, processes and stores data about you on servers located in the UK, for example, where we subcontract processing to or share your Personal Information with, third parties for the below purposes.
USE OF INFORMATION
We use the information that we collect about you for the following (totally legit and normal) purposes:
To maintain and improve our Website, including personalizing your online experience and ensuring content is presented in the most effective manner for you;
Operate our business, including the provision to you of information, products and services that you request and other transactional or administrative updates; to administer your account; inform you about products and services that we offer and that are similar to those you have already purchased or enquired about; provide you, or permit selected third parties to provide you, with information about products and services we feel may interest you (where you have consented to receive such communications);
As part of our efforts to keep the Website safe and secure;
To measure or understand the effectiveness of advertising we serve to you and others, and to make our future marketing efforts and those of third parties more effective;
To administer our Website and for internal operations, including troubleshooting, data analysis, research, testing, statistical and survey purposes.
DISCLOSURE OF INFORMATION
We may disclose information about our customers and visitors to the Website to third parties.
Group Companies: We may share your Personal Information with any member of our group
Business Operations: In order to carry out certain business functions, such as order fulfilment, payment processing, e-mail delivery, or marketing, we may hire other companies to perform services on our behalf. We may disclose Personal Information that we collect about you to these companies to enable them to perform these services. By way of example, information relating to your order which we have combined with other Personal Information (as explained above) may be shared with our third party service providers that assist us with our marketing efforts.
Merger, Sale or Acquisition: In addition, it is possible that in the future another company may acquire Beckworth Emporium or its assets or that Beckworth Emporium may partner with or purchase another company to continue to do business as a combined entity. In the event that any such transaction occurs, it is possible that our customer information, including your Personal Information, may be transferred to the new business entity as one of Beckworth Emporium’s assets. In such an event, we will update this policy to reflect any change in ownership or control of your Personal Information.
Communications from Beckworth Emporium: If you do not want to receive email communications from Beckworth Emporium about our own products and services that may be of interest to you, you can update your preferences in the My Account section of the Website (Don’t call and tell us though, we hate goodbyes). You can also click on the unsubscribe link at the bottom of one of our emails. We may still contact you via mail or phone, unless you request to be added to our Do-Not-Call list, and/or our Do-Not-Mail list by contacting us using the below details and indicating your preferences. Please be sure to provide your exact name, e-mail address, mailing address and telephone number(s) and the list or lists you would like to be included on (Do-Not-Call, and/or Do-Not-Mail). Even if you opt-out of email marketing or choose to be placed on one of these lists, we may still communicate with you using any of these methods for those non-marketing purposes set out above in the ‘Use of Information’ section.
Deactivation of Your Account: You may also request deactivation of your Beckworth Emporium account (it makes us sad even seeing it written down) by contacting us using the below details and requesting account deactivation. Please note that your Personal Information may remain in our archived records after your account has been deactivated, but we will not keep it for longer than necessary to fulfil the purposes listed above.
UPDATING AND ACCESS TO YOUR PERSONAL INFORMATION
If you wish to change your name, e-mail address, password, and/or communication preferences after you have registered, you can access your account in the My Account section of the Website. You may also request these changes by contacting us using the below details (and why not? We love a personal call!).
If you are a resident of the European Union, you also have the right to request access to and correction of Personal Information that we hold about you. This right of access and correction can be exercised in accordance with the Data Protection Act 1998. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
We maintain physical, electronic, and procedural safeguards reasonably necessary to ensure the protection of your Personal Information against loss, misuse, disclosure, and alteration.
When you establish an account at Beckworth Emporium, you choose a password to help protect your account information. A password is only as strong as you make it: you should select a unique password and keep it safe. You may change your password as often as you wish by going to My Account section of the Website. You are responsible for keeping this password confidential. We ask you not to share a password with anyone. Our sign-in process is designed to help protect your privacy. If you have trouble signing in to our Website, please ensure that you are using your registered e-mail address and the correct password. If you are using your registered e-mail address and correct password, and you continue to have trouble signing in to our Website, please contact us using the details below.
Notwithstanding the above, unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Information, we cannot guarantee the security of your data transmitted to our Website; any transmission is at your own risk. (Typical internet, right?).
BECKWORTH EMPORIUM CONTACT DETAILS
- Email us at firstname.lastname@example.org
- Call us at +044 (0) 1604 812371 – UK
Write to us at:
Beckworth Emporium Limited
120-140 Glebe Road
Northants, NN6 0DL
When writing to us, please be sure to include your exact name, mailing address, telephone number and specific preferences or request (but nothing so specific it gets weird).