Terms of Supply of Goods and Services
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) or courses or other services ( Courses) listed on our website, www.sweetsquared.com, (our site) to you. Please read these terms and conditions (Terms) carefully before ordering any Products or Courses from our site. You should understand that by ordering any of our Products or Courses, you agree to be bound by these Terms. You should print a copy of these Terms for future reference. Please click on the button marked “I Accept” at the end of these Terms if you accept them. Please understand that if you refuse to accept these Terms, you will not be able to order any Products or Courses from our site.
1. Information About Us www.caughtyoulooking.co.uk is a site operated by Caught you Looking (we) are a partnership trading as Caught you Looking from 9 Soberton Road, Queens Park, Bournemouth, Dorset BH8 9BG. Our VAT number is 282 6794 59
2. Service Availability Our site is only intended for use by people resident in the United Kingdom, Channel Islands and the Isle of Man. We do not accept orders from individuals outside these territories.
3. Your Status By placing an order through our site, you warrant that: (a) you are a business and are entering a contract with us in the course of your trade; (b) you are resident in the United Kingdom, Channel Islands or Isle of Man; and (c) you are accessing our site from one of those territories.
4. How The Contract Is Formed Between You And Us
• 4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product or a Course. All orders are subject to acceptance by us. In the case of Products, we will confirm our acceptance of your order by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). In the case of Courses, we will send you a letter (the Booking Confirmation) confirming that you are officially booked onto the course, subject to your paying the full fees for the relevant course. The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation or Booking Confirmation.
• 4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation, or those Courses whose booking we have confirmed in the Booking Confirmation. We will not be obliged to supply any other Products or Courses which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation, or the booking of such Courses has been confirmed in a separate Booking Confirmation.
• 4.3 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the 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.
5. Consumer Rights
• 5.1 You acknowledge that you are not contracting as a consumer, and so do not have any consumer rights.
6. Availability And Delivery Of Products
• 6.1 Your order for Products will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances. • 6.2 Delivery of an order shall be completed when we deliver the Products to the address you gave us or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time.
7. Risk And Title
• 7.1 The Products will be at your risk from the time of delivery. • 7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges. 8. Price And Payment
• 8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. • 8.2 These prices exclude VAT and delivery costs, which will be added to the total amount due. • 8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation or a Booking Confirmation. • 8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
• 8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing; in these circumstances we may cancel supply of the Product and refund you any sums you have paid • 8.6 Payment for all Products must be by credit or debit card. We accept payment by most major credit cards, excluding American Express or Diners’ Club credit cards. We will charge your credit or debit card when we are about to despatch your order.
• 9. Manufacturer’s Guarantee
Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.
10. Our Refunds Policy In Respect Of Products
• 10.1 Products are not offered on a sale or return basis. However, Products that have been ordered in error will normally be accepted for return within 7 days from the date of purchase, provided they arrive back to us in perfect, re-saleable condition. Also, Products which are damaged in transit may be returned provided you notify us of the damage within 3 working days of delivery. • 10.2 When you return a Product to us: o (a) because you have ordered it in error, we will process the refund due to you as soon as possible and, in any case, within a reasonable time of the day you have sent us back the Product in perfect condition. In this case, we will refund the price of the Product in full, excluding the cost of sending the item to you. You will be responsible for the cost of returning the item to us. o (b) for any other reason (for instance, because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you. We will also refund the costs you incur in sending the Products back to us by 1st class post, but if you choose to send them recorded delivery the extra costs of that will be borne by you. • 10.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase. 11. Our Liability
• 11.1 We warrant to you that o (a) any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied; • 11.2 Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Product you purchased. • 11.3 This does not include or limit in any way our liability: o (a) for death or personal injury caused by our negligence; o (b) under section 2(3) of the Consumer Protection Act 1987; o (c) for fraud or fraudulent misrepresentation; or o (d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. • 11.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to: o (a) loss of income or revenue; o (b) loss of business; o (c) loss of profits o (d) loss of contracts or opportunity; o (e) loss of anticipated savings; o (f) loss of data; or o (g) waste of management or office time; however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; provided that this clause shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1 or clause 11.2 or any
other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 11.4. • 11.5 Where you buy any Product from a third party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions. 12. Import Duty
• 12.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. • 12.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws. 13. Written Communications Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
14. Notices All notices given by you to us must be given in writing to Caught you Looking, 9 Soberton Road, Queens Park, Bournemouth, Dorset BH8 9BG. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. Transfer Of Rights And Obligations
• 15.1 The contract between you and us is binding on you and us and on our respective successors and assigns. • 15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. • 15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. 16. Events Outside Our Control
• 16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
• 16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: o (a) Strikes, lock-outs or other industrial action. o (b) Illness or absence of all available Course instructors, where we have been unable to avoid the same after using our reasonable endeavours. o (c) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. o (d) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. o (e) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. o (f) Impossibility of the use of public or private telecommunications networks. o (g) The acts, decrees, legislation, regulations or restrictions of any government. • 16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event. 17. Waiver
• 17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. • 17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default. • 17.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 16. 18. Severability If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. Entire Agreement
• 19.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. • 19.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions. • 19.3 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly
authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing. 20. Our Right To Vary These Terms And Conditions
• 20.1 We have the right to revise and amend these terms and conditions from time to time. • 20.2 You will be subject to the policies and terms and conditions in force at the time that you order Products or Courses from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation or Booking Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products). 21. Law And Jurisdiction Contracts for the purchase of Products or Courses through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the nonexclusive jurisdiction of the courts of England and Wales. 22. Cancellation. It is not possible to cancel the order once the products have been dispatched. Orders are booked for dispatch daily, it is therefore only possible to process requested cancellations when received within 2hrs of the original order by email to firstname.lastname@example.org.
WHAT INFORMATION DO WE COLLECT?
- We collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form.
- When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information.
- We do not store your financial information, whether your order is placed on the internet or over the telephone. All personal data provided by you will remain confidential to CAUGHT YOU LOOKING, and will not be shared under any circumstances.
WHAT DO WE USE YOUR INFORMATION FOR?
- To process transactions Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
- The email address you provide for order processing, will only be used to send you information and updates pertaining to your order.
HOW DO WE PROTECT YOUR INFORMATION?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
WHAT INFORMATION DO WE COLLECT?
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
DO WE DISCLOSE ANY INFORMATION TO OUTSIDE PARTIES?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information.
TERMS AND CONDITIONS
Please read the above Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at nuritment.com