Website Terms & Conditions
- 1. These Terms and Conditions are the ‘prevailing Terms and Conditions and govern the use of this ‘Website’.
- 2. This Website is Operated by Stockley Ventures Limited ‘the Operator’ for the Proprietor Herschel Management Limited ‘the Proprietor’ whose addresses for service are The Old Barrel Store Drayman’s Lane Marlow Bucks SL7 2FF
- 3. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
- 4. In this Agreement the headings are numbering are provided for convenience only, the following terms shall have the following meanings:
- – System means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored on a computer or any other device that appears on or forms part of this Website; including any online facilities, tools, services or information that the Proprietor makes available through the Website either now or in the future; or any of the services available to you through this Website
- – Services means collectively any online facilities, tools, services or information that the Proprietor makes available through the Website either now or in the future
- – Content means all or any of the information displayed on this Website whether in written, audible, graphic, logo, icon, photographic, video or any other form
- – Partner or Partners means preferred suppliers or selected parties with whom the Proprietor has some form of commission arrangement or receives fees from. It does not mean that a Partnership has been created nor contemplated under the provisions of the Partnership Act of 1890
- – Payment Gateways an electronic process which may be the whole or part of a method for facilitating payment
- – Purchase Information means any information communicated to you as a result of making a purchase from this Website or an introduction effected by this Website
- – User is any person entering this Website
- – Cookies are alphanumeric identifiers that are stored by the User’s web browser on its computer’s hard-drive to enable the Proprietor’s systems to recognise the User when it visits the Website
- 5. Subject to the exceptions in this paragraph of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of the Proprietor, its affiliates or others where so acknowledged. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International Law.
- 6. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless you have express written permission to do from the Proprietor and/or the ultimate copyright owner
- 7. Copyright and ownership in the name, logo style, image and this Web Site and its content is vested in the Operator other than excepted in paragraph 8 hereof.
- 8. Other than as expressed in 7. above, or unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products. Copyright in texts belong to the Proprietor unless otherwise stated.
- 9. Material from this Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the United Kingdom Copyright Designs and Patents Act 1988 apply.
- 10. This Website may contain links to other websites. Unless expressly stated, these sites are not under the control of the Operator, Proprietor nor their Associates or Affiliates. The Proprietor assumes no responsibility for the content of such web sites and disclaims liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves, their owners/operators nor any opinion expressed thereon or of those in control of them.
- 12. We take Privacy and Data protection seriously and are registered for processing Personal Data in accordance with the provisions of the United Kingdom Data Protection Act 1998 registration reference: ZA181627.
- 13. Information submitted via this Website is normally unprotected until it reaches us. Users are requested not to send confidential details or credit card numbers, for example, by email, unless specifically requested by us. However, information submitted to us or our Partners through secure portions of our Website and Payment Gateways are protected by industry standard security.
- 14. Your details will not be passed to any third party outside of the Operator‘s and Proprietor’s Group of/ or Associated Companies without your permission. We do subscribe to industry standard practice in providing opportunities to opt out of email and other communications.
- 15. Other than as stated herein, neither the Operator nor the Proprietor collects information about individuals, except where this is specifically stated and provided with the User’s knowledge.
- 16. In common with a majority of websites the Operator or others on their behalf collect non-specific visitor information by means of analytic and other programmes. This information is related to the User’s browser and operating system and does not include any personal details.
- 17. You consent to the Operator use of ‘cookies’ which are alphanumeric identifiers that are stored by the User’s web browser on its computer’s hard-drive to enable the Operator’s systems to recognise the User when it visits the Website. This helps the Operator to track basic visitor information in order that it can better tailor the Website to visitors’ needs. Most web browsers automatically accept cookies but the User can disable this function by changing their browser settings if they so wish.
- 18. To the maximum extent permitted by law, neither the Operator, nor the Proprietor accepts any liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of this Website, its Content or any information contained therein nor incorrect provision of Services or out of reliance on incorrect information included on the Website. Users should be aware that they use the Website and its Content at their own risk.
- 19. Neither the Operator nor the Proprietor accept any liability consequential or otherwise for events outside their direct control, nor acts and omissions of their Partners, Associates or Affiliates.
- 20.Nothing in these Terms and Conditions creates a liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
- 21. Where services are provided to the User by the Proprietor or an Associate or Affiliate under the Terms of a Contract between the parties, notwithstanding the existence of such a Contract the use of this website shall be governed by these Terms & Conditions.
- 22. Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the United Kingdom Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
- 23. In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- 24. All notices / communications shall be given to the Operator or Proprietor either by post to their Service Address at 2. above or by email to email@example.com . Such notice will be deemed received 3 days after posting if sent in the United Kingdom by first class post, or otherwise within 10 days of posting by air mail, or the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- 25. The Proprietor reserves the right without prior notice to novate or assign the benefit of any agreement or contract or bargain made with it. This agreement may not be assigned, novated or exchanged in any manner without the express written agreement of the Operator.
- 26. Any indulgence on the part of either the Operator or the Proprietor shall in no way prejudice these Terms and Conditions.
- 27. The Operator reserves the right to amend these Terms and Conditions without notice at any time.
- 28. In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless expressly stated otherwise.
- 29. All charges are subject to local taxes and Value Added Tax at the prevailing rate. Where prices or charges are advertised unless otherwise specified they are inclusive of local taxes and Value Added Tax.
- 30. These Terms and Conditions and the relationship between you and the Operator and the Proprietor shall be governed by and construed in accordance with the Laws of England; you agree to submit to the exclusive jurisdiction of the Courts of England.
DEFINITIONS AND INTERPRETATION
USE OF WEB SITE