Welcome to the Harts Of Stur terms and conditions of sale (Part 1) and terms of website use (Part 2).
THE FOLLOWING TERMS AND CONDITIONS (hereafter "Terms") governs the terms applyi
ng to the sale and purchase of goods from us together with your use of our web site (hereafter "web site"), where applicable. It is vitally important that you read the Terms carefully, as your purchase of goods from us and use of the web site (where applicable) will automatically constitute your agreement to be legally bound by the Terms. If you do not agree to be
bound by these Terms, you may not use the web site(s) or the services provided by the Company through its web site(s).
This website is owned by Harts Of Stur, a trading name of Hart & Sons (Dorset) Ltd (hereafter the "Company") , a company registered in England and Wales (company number 1177276), whose registered office is at Station Road, Sturminster Newton, Dorset, DT10 1BD. Our VAT registration number is GB125457810.
PART 1 - TERMS OF SALE & PURCHASE
The following words used in these Terms shall have the following meanings:
"Personal Information" shall mean all personal data and/or information provided by and about a User as further defined under Data Protection Legislation and including e-mail address (es), name, address, credit card, or other payment information, etc.;
"Company web site" shall mean all web sites on which the Company provides products and/or services.
"Company Products and Services" shall mean all products and/or services provided directly by Company;
"Data Protection Legislation" shall mean all applicable privacy and data protection laws including the General Data Protection Regulation ((EU) 2016/679) and any applicable national implementing laws, regulations and secondary legislation in England and Wales relating to the processing of Personal Information and the privacy of electronic communications, as amended, replaced or updated from time to time, including the Privacy and Electronic Communications Directive (2002/58/EC) and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426).
"3rd Parties" include all advertisers, partners and affiliate vendors that are included on, or linked to, the Company web site(s).
"User" shall mean all Users of the Company web site(s) and services.
ORDERING GOOD FROM US
Individuals: These terms of sale apply to all goods and services supplied by Hart & Sons (Dorset) Ltd via http://www.hartsofstur.com. The website is governed by the following terms and conditions; they do not affect your statutory rights.
Description and price of goods We have taken care to describe and show items as accurately as possible. Despite this, slight variations in items may occur. We provide you with product information on http://www.hartsofstur.com. If there is anything which you do not understand, or if you wish to obtain further information, please contact our customer services team on 01258 472420.
Product images are for illustrative purposes only. Although we have made every effort to display colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images.
We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). We reserve the right to alter all product pricing without notice.
All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this website.
Placing an order You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
The contract is subject to your right of cancellation (see below).
Any order placed by you for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion). Our acceptance of an order takes place when we despatch the order even if your payment has been processed immediately.
We may refuse at our discretion to accept an order: (a) where we cannot obtain authorisation for your payment or authorisation is obtained but address verification cannot be confirmed; (b) if there has been a pricing or product description error; (c) if you do not meet any eligibility criteria set out in our terms and conditions; (d) where goods ordered by you are not available; or (e) if we do not deliver to your area;
Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card as soon as possible, but in any event within 30 days of your order. We will not be obliged to pay any additional amount as compensation for disappointment.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
Payment Payment can be made by any of the options advertised on our website. Payment shall be due before delivery. If payment fails, your order will be cancelled. There will be no delivery until clear funds have been received.
Payment online: Our secure server software encrypts all your payment card details. The process scrambles all the information, allowing no unauthorised third party to intercept the data. Your browser will confirm that you are shopping in a secure environment by showing either a locked padlock icon or an image of a padlock next to the payment details in the relevant area of the website. (Check Out)
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.
YOUR ATTENTION IS DRAWN TO THIS PART:
By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with Data Protection Legislation and our Privacy Policy (see below). During security checks we may ask for additional information or documentation to help support the data you supplied.
Please be aware that if you are using Paypal as your payment method we reserve the right to not ship to unconfirmed addresses.
Consumer right of return and refund This clause only applies if you are a consumer.
If you are a consumer, you have a legal right to cancel a contract during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a product, you can notify us of your decision to cancel the contract and receive a refund. Advice about your legal right to cancel the contract is available from your local Citizens' Advice Bureau or Trading Standards office.
However, this cancellation right does not apply in the case of: (a) any made-to-measure or custom-made products or products made to your specification or clearly personalised; (b) newspapers, periodicals or magazines; (c) perishable goods, such as food, drink or fresh flowers; (d) software, DVDs or CDs which have a security seal which you have opened or unsealed (e) goods are not faulty but have been used; or (f) goods are not faulty and are returned without retailing packaging or are returned in an unsellable condition.
Right to cancel You have the right to cancel this contract within 28 days without giving any reason.
The cancellation period will expire after 28 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods or the last good or the last lot or piece (as the case may be).
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post to the Company at Harts of Stur, Station Road, Sturminster Newton, Dorset, DT10 1BD or e-mail to sales@hartsofstur.com).
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than- (a) 7 days after the day we receive back from you any goods supplied, or (b) (if earlier) 7 days after the day you provide evidence that you have returned the goods, or (c) if there were no goods supplied, 7 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
If the consumer has received goods in connection with the contract you shall send back the goods or hand them over to us at Harts Of Stur, Station Road, Sturminster Newton, Dorset, DT10 1BD, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Delivery We will deliver goods ordered by you as soon as possible to the address you give us for delivery, but in any event within 7 days of your order. However we reserve the right not to make deliveries outside the United Kingdom unless our ordering form provides that facility.
Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery or signed "DAMAGED". If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing, at our contact address, of the problem within 28 working days of the delivery of the goods in question.
If you do not receive goods ordered by you within 7 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 28 days from the date on which you ordered the goods.
Import duty Goods dispatched to other countries outside of the EU may be liable to Import Duty, Tax or VAT. When ordering from us you agree to pay any such Duties which may be imposed by your country's government.
If you refuse to pay any Import Duty / Tax / VAT imposed and thereby prevent delivery of your order you will remain liable for the purchase price of the product(s) and any Import Duty / Tax / VAT or penalty imposed by your government.
Title for consumers Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.
Faulty Product, Damaged, or Dead on Arrival Please note that any products returned to us which you claim to be defective will be checked and verified by our technicians. Any returned products that are not found to be defective will be returned to you and we shall charge you for the returned transport costs via your original payment method or hold the product until full payment has been received by us for the return transport costs.
If you notify a problem to us under this condition, our only obligation will be, at your option: (a) to make good any shortage or non-delivery; (b) to replace or repair any goods that are damaged or defective; or (c) to refund to you the amount paid by you for the goods in question in whatever way we choose.
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question as above.
Limitation of Liability The Company will not be liable to you for any loss or damage in circumstances where: (a) There is no breach of a legal duty owed to you by us or by our employees or agents; (b) Such loss or damage is not a reasonably foreseeable result of any such breach; (c) Any increase in loss or damage resulting from breach by you of any term of this contract.
Our liability (and that of our officers, directors, employees, shareholders or agents) of any kind (including our own negligence) with respect to products or services purchased from the Company for any one event or series of related events is limited to the total fees which you have paid to us in the 12 months before the event(s) complained of.
In no event (including our own negligence) will we be liable for any: (a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); (b) loss of goodwill or reputation; (c) special, indirect or consequential losses; or (d) damage to or loss of data (even if we have been advised of the possibility of such losses).
Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
Restrictions The resale of Company products and services is not permitted, unless expressly permitted by these Terms or in a separate written agreement.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
Requests to use the Company name or web site content for any purpose other than as permitted in these Terms shall be directed to the Company at: sales@hartsofstur.com
The Company shall not be liable for User interactions with any 3rd-parties, businesses and/or individuals found on the Company web site or through the services provided. This includes, but is not limited to, payment and delivery of services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between User and such 3rd-parties, businesses and/or individuals. The User understands and agrees that the Company is not responsible for any damage or loss incurred as a result of any such dealings. The Company is under no obligation to become involved in disputes between Users of our web site, or between Users on our web site and any 3rd-party. In the event of a dispute, the User agrees to release the Company its officers, employees, agents and successors in rights, from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.
DATA PROTECTION
Hart & Sons (Dorset) Ltd recognizes that any data provided by a User to us is extremely important and we shall, therefore, be particularly sensitive in handling such data.
We will only use your personal information as set out in our Privacy Policy, a copy of which can be obtained at www.hartsofstur.com or on request.
Unsolicited Idea Submission Policy The Company and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send us any original creative artwork, samples, demos or other works. The sole purpose of this policy is to avoid potential misunderstanding or disputes when company's products or marketing strategies might seem similar to ideas submitted to us by others. We ask that you do not send your unsolicited ideas to company or any individual at company. If, despite our request that you not send us your ideas and materials, you still send them, please understand that company makes no assurances that your ideas and materials will be treated as confidential or proprietary.
DISCLAIMER
COMPANY WEB SITES AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDING ON THE COMPANY WEB SITES, ARE PROVIDED "AS IS," WITH NO WARRANTIES EXPRESSED OR IMPLIED. THE COMPANY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
INDEMNITY
You agree to indemnify, defend and hold harmless the Company, its web site(s) and each of its respective advertisers, partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding:
1. Your use of products and services purchased from the Company; or
2. Any violation of these Terms by you.
GOVERNING LAW & JURISDICTION
These Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts where the claim is brought by you. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.
We do not warrant that materials, services or information for sale on the website are appropriate or available for use outside the United Kingdom. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
MISCELLANEOUS
If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. You agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favourably, when possible, to the benefit of the Company.
Section Titles; The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
Incident Reporting; Any complaints regarding violations of these Terms by a User should be directed to customer services at sales@hartsofstur.com. Where possible, include details that would assist the Company in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).
Complains Procedure; We are very proud of our high standards of customer service however, in the event that we fail in meeting these standards, please do not hesitate to contact us at sales@hartsofstur.com, or Harts Of Stur, Station Road, , Sturminster Newton, Dorset, DT10 1BD.
No person other than the parties to these terms and conditions are intended to benefit from them pursuant to the Contracts (Rights of Third Parties) Act 1999.
These Terms represent the entire understanding between the user and the Company and supersedes any prior statements or representations. The User agrees to these Terms through its purchase of products and services and by using the web site, it's services, sign up, posting, downloading and uploading content, and understands that it is entering into a binding and legal agreement with Company.
You agree to file any claim regarding any aspect of this web site or these Terms within six (6) months of the time in which the events giving rise to such alleged claim began, or you agree to waive such claim. You also agree that no claim subject to these Terms may be brought as a class action or in any other jurisdiction than English courts.
These Terms and Conditions were last updated, and became effective, on [11/05/2018].
PART 2 - TERMS OF WEBSITE USE
Who we are and how to contact us www.hartsofstur.comis a site operated by the Company.
CONTACT INFORMATION Our contact details are as follows: Trading Name: Harts Of Stur, Hart & Sons (Dorset) Ltd, Station Road, Sturminster Newton, Dorset, 237, DT10 1BD. General email: sales@hartsofstur.com Telephone number: 01258 472420
By using our site you accept these terms By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site. We recommend that you print a copy of these terms for future reference.
There ae other terms that may apply to you These terms of use refer to the following additional terms, which also apply to your use of our site: - Our Privacy Policy available at www.hartsofstur.com. See further below under heading 'How we may use your personal information'. - Our Cookie Policy, which sets out information about the cookies on our site. If you wish to purchase goods from our site, our Terms and conditions of supply in Part 1 of this document will apply to the sales.
We may make changes to these terms We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
We may make changes to our site We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.
We may suspend or withdraw our site Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
Our site is only for users in the UK Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.
How you may use material on our site We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Do not rely on information on this site The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
LINKS TO AND FROM OTHER WEBSITES Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
SUCCESS OF YOUR BUSINESS OR EARNINGS What a User derives from use of Hart & Sons (Dorset) Ltd products/services/information depends upon the User's commitment to, and effort in, applying the information. Hart & Sons (Dorset) Ltd does not represent, warrant or guarantee that any User will achieve any particular results in business as a result of purchasing and using Hart & Sons (Dorset) Ltd products/services/information. User acknowledges that the success of any User's business depends on the User's skills, effort and commitment.
SWEEPSTAKES, CONTESTS AND PROMOTIONS Any sweepstakes, contest or similar promotion made available through Company websites or for which the Company may, from time to time, send e-mail messages to you, will be governed by official rules that are separate from and may vary from these Terms. By participating in any such sweepstakes, contest or similar promotion, Users will become subject to its specific official rules. Note, however, that Users remain subject to these Terms to the extent they do not conflict with the applicable official rules.
NEWSLETTERS Hart & Sons (Dorset) Ltd regularly sends out a newsletter and/or other informational emails (collectively referred to as "Newsletters") to all Users. In these Newsletters, we may inform you about new services, features or products. Users may choose to unsubscribe from the Newsletter at any time using the unsubscribe option at the bottom of our emails, or by writing to us at sales@hartsofstur.com or following the unsubscribe link contained in each of the emails.
LICENCE AND COPYRIGHT The Company web site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound and the entire content of the web site is copyrighted as a collective work under UK and International copyright laws. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or these Terms, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of the Company and the copyright owner. Elements of the web site are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.
You are permitted to print and download extracts from this website for your own private use on the following basis: (a) no documents or related graphics on this website are modified in any way; (b) no graphics on this website are used separately from accompanying text; and (c)any of our copyright and trade mark notices and this permission notice appear in all copies.
COPYRIGHT INFRINGEMENT In accordance with UK and International law, any notifications of claimed copyright infringement should be sent to us immediately. Such notification can be sent by email, to sales@hartsofstur.com or by letter to: Harts Of Stur, Hart & Sons (Dorset) Ltd, Station Road, Sturminster Newton, Dorset, DT10 1BD
OBLIGATIONS OF USER Use of this website http://www.hartsofstur.com, as described below, is prohibited. These descriptions are guidelines and are not intended to be exhaustive or all-inclusive.
Illegal/Criminal Activity; The Company web site may not be used in connection with criminal or civil violations of state, federal, or international laws, regulations, or other government rules or requirements. Such violations include theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information; and threats of physical harm or harassment.
Security Violations : The Company web site may not be used in connection with attempts, whether successful or not, to violate the security of a network, service, or other system. Examples of prohibited activities include hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service attacks; and distributing viruses or other harmful software.
Basic Security : Users are responsible for maintaining the basic security of their computer systems and to prevent use by others in a manner that violates these Terms. Examples include: improperly securing a mail server so others can use it to distribute spam; improperly securing an FTP server so that it may be used by others to illegally distribute licensed software or media content. Users are responsible for taking corrective actions on vulnerable or exploited systems to prevent continued abuse.
Threats : The Company web site may not be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel, and defamation.
Offensive Materials : The Company web site may not be used for the distribution of offensive materials, including obscene, pornographic, indecent, and hateful materials. Further, Users agree to adhere to the following requirements:
a. Comply with all laws, ordinances, statutes and applicable legislation and to respect all 3rd-party rights. In particular, User shall not: i. Provide, post or otherwise distribute content which is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any 3rd-party, is unreasonably harmful or offensive to any individual or community; ii. Use or post any pornographic materials or any content that violates any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors; iii. Unreasonably annoy (particularly with SPAM) any other User; iv. Use or post, without authorization, any content protected by law (e.g. copyright, trademark, patent, utility patent, design patent or other intellectual property (IP) laws), or advertise, promote, offer or distribute any goods or services protected by law; v. Use, post or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, Ponzi schemes, illegal multi-level selling or pyramid sales). b. You may not provide, post or otherwise distribute, User content that: i. Contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs, videos or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature; ii. Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law or moral standards; iii. Violates or encourages the violation of any municipal, state, provincial, federal or international law, rule, regulation or ordinance; iv. Interferes with any User's uninterrupted use of the Company website; v. Advertises, promotes or offers to trade any goods or services; vi. Uploads or transmits viruses or other harmful, disruptive or destructive files, material or code; vii. Disrupts, interferes with, or otherwise harms or violates the security of the Company web site or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Company web site; viii. "Flames" any individual or entity (e.g. sends repeated messages related to another User and/or makes derogatory or offensive comments about another User or individual), or repeats prior posting of the same message under multiple threads or subjects.
WARNING: ANY VIOLATION OF THESE POSTING RULES THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED BY THE COMPANY.
It is your responsibility to determine that your input into our site, including use of any chat room areas of our site, including your choice of your user name, conforms to the above conditions. If you notice any content which breaches these conditions, please notify us by email to sales@hartsofstur.com.
SPAM : Spam is an unacceptable use of the Company web site. Spam includes any of the following activities: a. Posting a single message or messages similar in content, to more than five (5) online forums or newsgroups and posting messages to online forums or newsgroups that violate their rules. b. Collecting responses from unsolicited e-mail. c. Sending any unsolicited e-mail that could be expected to provoke complaints. The Company shall have complete discretion to determine as to whether or not any particular content would be expected to provoke complaints. d. Sending e-mail with charity requests, petitions for signatures, or any chainmail-related materials. e. Sending bulk e-mail without identifying in the e-mail a clear and easy means to be excluded from receiving additional e-mail from the originator of the e-mail. NOTE: The inclusion of an opt-out clause does not necessarily legitimize sending unsolicited e-mail. f. Sending e-mail that does not accurately identify the sender, the sender's return address, and the e-mail address of origin. g. Using Company facilities to violate what could reasonably be considered a violation of another Internet Service Provider's (ISP) acceptable use policy and/or terms of service.
Users are further prohibited from the following activities: i. Employing any mechanisms, software or scripts when using the Company web site. However, Users may use the interfaces or software provided by the Company within the scope of the services available on our web site and in accordance with these Terms; ii. Blocking, overwriting, modifying and copying of any contents of the Company web site. iii. Distributing or publicly disclosing the contents of the web site or any of its terms, without written permission from the Company, or iv. Performing any actions that may impair the operability of the Company web site infrastructure, particularly actions that may overload said infrastructure, servers, bandwidth or other equipment or software.
Indirect Access: A violation of these Terms by someone having only indirect access to the Company web site through a User, will be considered a violation, whether or not with the User's knowledge or consent.
GENERAL These policies apply to any email or content transmitted by User, or on your behalf, that uses a Company account as a mailbox for responses or promotes content, hosted or transmitted, using Company facilities, or that indicates, in any way, that Company was involved in the transmission of such email or content.
Violations of these Terms may result in immediate suspension or termination of your account and our services to you, immediate temporary or permanent filtering, blocked access or other action appropriate to the violation, as determined by Company, in its sole discretion.
When feasible, it is the Company's preference to give notice so that violations may be addressed voluntarily, however, we reserve the right to act without notice, when necessary, as determined by the Company in its sole discretion. Company may involve, and will cooperate with, law enforcement, if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. Refunds or credits are not issued in connection with actions taken for violations of these Terms.
USES AND OTHER POLICIES A. When using our services, A User warrants and represents that all of the data provided by him/her is accurate and complete. The User shall report any modifications in the data to the Company web site, immediately upon any changes occurring.
B. Individual Users shall not be allowed to have multiple accounts. A User may only establish one (1) User account. If Company determines that a User has established more than one (1) account, further use of our web site may be suspended or terminated, subject to the sole discretion of Company.
C. The User warrants and represents that they are of legal age (18 or older) to use our web site, at their time of use, or that they are a legal entity, created by operation of law.
D. Users may download or print a single copy of any portion of the content solely for personal, non-commercial use, provided they do not remove any trademark, copyright or other notice from such content.
DATA PROTECTION Users are advised that there are inherent security risks in transmitting data, such as emails, credit card or personal information, via the Internet, because it is impossible to safeguard completely against unauthorized access by 3rd-parties. Nevertheless, the Company shall do what is reasonable to safeguard your data, subject to this cautionary limitation.
In particular, personal information will be transmitted via the Internet only if it does not infringe upon 3rd-party rights, unless the respective party has given prior consent in view of such security risks. Accordingly, Company shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission on our part.
Please also see our Privacy Policy which is available separately on the Company web site or by request to sales@hartsofstur.com.
RIGHTS TO CONTENT USE Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
When a User posts content or contributions to the Company web site, the User grants the Company a limited, revocable, nonexclusive and non-assignable right of use for the respective content or contribution that the Company is entitled to utilise for any purpose allowed by these Terms. In particular, the Company is entitled to use said content or contribution posted by the User for marketing or in any other way. The Company may use User content or contributions in any form, format, or medium of any kind now known or later developed.
Although Users grant the Company a license, as stated above, WE DO NOT OWN USER CONTENT. This license grants us certain rights and also prescribes limitations of what we may do and not do with the content, more fully described as follows: (a) the Company may not sell or give away User content as permanent downloads or physical copies, alone or in a compilation;
(b) the Company may not continue exercising the license after a User provides us with a request for termination, as described below;
(c) the Company may not use, license or sub-license another party to use User/Member content outside of the Company web site;
(d) the Company may let other parties exercise these rights on the Company web site, which permits the license to become sub-licensed;
(e) the Company may exercise these rights without paying Users any remuneration, royalties or other fees, whatsoever;
(f) the Company may exercise these rights throughout the Company web site(s), worldwide.
Users may grant similar licenses to others.
Users may terminate the license at any time by following the steps described below:
A. To request deletion of the User content, the User must send an e-mail to Customer Service at sales@hartsofstur.com stating the e-mail address associated with the particular content you wish to delete, along with the words "Delete User Content" in the subject line. Please note that if the User subsequently places the same or similar content on the Company web site, this deletion notice will become null and void.
B. the Company grants a right of use over all user-posted content or contributions to its web site(s) to other Users. Copying, downloading, disseminating, distributing and storing of the contents of the Company web site is, with the exception of the cache memory when searching for the Company web pages, prohibited, without Company's express written consent.
C. All information, content, services and software displayed on, transmitted through or used in connection with the Company web site, with the exception of User content as defined herein, including for example, news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like, as well as its selection and arrangement, is owned by Company, except for those items that are copyrighted and/or owned by their respective businesses or individuals.
D. Without limiting the generality of the previous paragraphs, Users authorise the Company to share User-posted content across all web sites, to include User content in a searchable format accessible by other Users of the Company web sites, now in use or later developed, to place advertisements in close proximity to such User content, and to use User's name, likeness and any other information in connection with Company's use of the material User provides.
E. Prohibited uses do not include any other use that the Company expressly authorises in writing.
F. The Company does not guarantee the accuracy, integrity or quality of the posted content on our web site and Users may not rely on any of this posted content. Without limitation, the Company is not responsible for postings by Users in the User opinion, message board, and forum or feedback sections of our web sites.
DISCLAIMER
While the Company uses reasonable efforts to include accurate and up-to-date information, the Company specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in any and all Company web sites, either now operating or created in the future. The Company disclaims any responsibility or liability for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. The Company disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Company web site.
The Company does not make any warranties or representations regarding any data, service and/or information provided or made available by any user on any of the Company web sites or on any external web sites linked to them. In particular, the Company does not warrant or represent that said data, service and/or information is true or accurate, or that it fulfils or serves any particular purpose.
Without limiting the foregoing, under no circumstances shall the Company be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of 3rd-parties, or loss of or fluctuations in heat, light, or air conditioning.
The Company disclaims any warranties for services or products received through or advertised on the Company web sites or received through any links provided by the Company web sites as well as for any information or advice received through any links or any User contributions provided to the Company web sites.
The User understands and agrees that they download or otherwise obtain material or data through the use of the Company web sites at their own discretion and risk and that they will be solely responsible for any damages to their computer system or loss of data that results from the download of such material or data.
The Company and its web sites are not responsible or liable for content posted by Users, third parties, actions of any third party or for any damage to, or virus that may infect, a User's computer equipment or other property.
LIABILITY The Company may modify, suspend, discontinue or restrict the use of any portion of the Company web site, including the availability of any portion of the content at any time, without notice or liability.
Users acknowledge and agree that it is virtually impossible to achieve continuous, uninterrupted availability of the Company or any other web site. While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period. Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
Our liability (and that of our officers, directors, employees, shareholders or agents) of any kind (including our own negligence) with respect to our website for any one event or series of related events is limited to the total fees which you have paid to us in the 12 months before the event(s) complained of.
In no event (including our own negligence) will we be liable for any: (a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); (b) loss of goodwill or reputation; (c) special, indirect or consequential losses; or (d) damage to or loss of data (even if we have been advised of the possibility of such losses).
If you wish to complain about information and materials uploaded by other users please contact us on sales@hartsofstur.com.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
Whether you are a consumer or a business user: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of supply above.
If you are a business user We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
If you are a consumer user: Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for 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.
INDEMNITY You agree to indemnify, defend and hold harmless the Company, its web site(s) and each of its respective advertisers, partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding:
1. Your use of the Company web site(s); 2. The Company's use of any your content or information, as long as such use is not inconsistent with these Terms; 3. Information or material provided through your IP address, even if not posted by you or 4. Any violation of these Terms by you.
HOW WE MAY USE YOUR PERSONAL INFORMATION We will only use your personal information as set out in our Privacy Policy, available at www.hartsofstur.com.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
RULES ABOUT LINKING TO OUR SITE You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site.
We reserve the right to withdraw linking permission without notice.If you wish to link to or make any use of content on our site other than that set out above, please contact sales@hartsofstur.com.
DISPUTE RESOLUTION, CONSUMER REVIEWS AND USE OF SOCIAL MEDIA We endeavour at all times to provide high standards in retail and business and recognise and support the importance of the use of social media and the Internet to alert the public when such standards are not met. However, we believe that complaints should not be published in a manner that is unfair or unreasonable as to content and manner of publication and, for this reason, the following terms are agreed by yourself and ourselves to regulate how to proceed when you feel that reasonable standards have not been met.
If you post any comment on our service or products on any website other than the Company's website, you agree that:-
I) you will not include any statement that is untruthful or malicious.
II) you will do all that is possible to enable the Company to post to the same website a comment in response and ,if such is not possible, you will include such response in full in a comment posted by yourself on the same website
III) you will agree to participate in a form of alternative dispute resolution accredited by the Trading Standards Institute of the United Kingdom under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and recommended, as appropriate for the nature of the dispute, on request by the Company of the service operated at http://www.hartsofstur.com
WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
[If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
