Terms & Conditions of Business for Shelfbar Ltd
and as represented by web sites : Shelfbar.co.uk and Shelfbar.com
Welcome to Shelfbar’s Web Sites. Please read carefully our Terms & Conditions of Business which govern both your use of our Web Sites and any purchase. By using these Sites and placing an order, you are agreeing to them and our acceptance of your order by delivery of the product constitutes a legally binding contract between us on these terms and conditions.
Copyright, Trademark, Intellectual Property & Right to Use
You acknowledge and agree that the material and content contained within the Web Sites is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Permission is granted to copy, print and distribute in hard copy sections of these Sites for the purpose of browsing and shopping or for placing an order. Any unauthorised use of the material on this site without the prior permission of Shelfbar Ltd may violate copyright, trademark and other applicable laws.
Any other use of the material and content of the Web Sites is strictly prohibited.
The Web Sites are Copyright, Shelfbar Ltd, 2005-8.Your Obligations
You agree to the following :
Not to use the Web Sites (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant laws.
Agree not to upload or transmit through the Web Sites any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.
Not upload or transmit through the Web Sites any material which is defamatory, offensive, or of an obscene or menacing character or that may cause annoyance, inconvenience or needless anxiety.
Not use the Websites in a way that may cause the Web Sites to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Web Sites is in any way impaired.
Not use the Web Sites in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy).
Not create and publish a hypertext link to any part of the Web Sites or attempt any unauthorised access to any part or component of the Web Sites.Indemnity
You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Web Sites, or the use by any other person accessing the Web Sites using your PC or internet access account.
We reserve the right to:
Modify or withdraw, temporarily or permanently, the Web Sites (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Web Sites; and/or
Change these Conditions from time to time, and your continued use of the Web Sites (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Web Sites.
We will use our reasonable endeavours to maintain the Web Sites. The Web Sites are subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Web Sites or because of a failure, suspension or withdrawal of all or part of the Web Sites due to circumstances beyond our control.
We have the right, but not the obligation, to monitor any activity and content associated with the Web Sites. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials on the Web Sites).
We respect your personal information and undertake to comply with applicable UK Data Protection legislation from time to time in place.
You should be aware that:
If we are requested by the police or any regulatory or government authority investigating suspected illegal activities, or upon receipt of a court order, to provide your Personal Information and/or information concerning your activities whilst using the Web Sites we shall do so; and
We reserve the right in our reasonable discretion to disclose details of your use of the Web Sites in relation to any, or any threatened, court proceedings in connection with your use, or the use of anyone under your control, of the Web Sites whether in connection with the matters set out in these Conditions or otherwise.
Limitation of Liability
We will use reasonable endeavours to verify the accuracy of any information we place on the Web Sites, however, in particular, you agree that any colour appearing on the site is, because of the way computers are set up, not necessarily an accurate representation of the colour it purports to portray.
The Web Sites are provided on an “as is” and “as available” basis without any representation or endorsement. Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Web Sites (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Web Sites or the server that makes it available (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Web Sites.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Web Sites and any information provided to or taken from the Web Sites by you.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
If you have notified us of a problem with the product, we will either make good any shortage or non-delivery; replace or repair any product that is damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question. We will not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the goods and we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. This does not affect your statutory rights as a consumer.
No contract shall subsist between you and Shelfbar Ltd for the sale by it to you of any product unless and until Shelfbar Ltd accepts your order by delivery of the product. Any order confirmation is an acknowledgement for your convenience only and does not constitute an acceptance of your order.
Non-acceptance of an order may be a result of one of the following: the product you ordered being unavailable: our inability to obtain authorisation for your payment: the identification of a pricing or product description error.
Price and Payment
The price payable for the product you order is as set out on our website at the time you place your order plus any charges for carriage and insurance. We must receive payment for the whole of the price of the product you order, and any applicable charges for carriage and insurance, before your order can be accepted.
All listed prices include VAT at the prevailing imposed rate. If, prior to confirmation of your order, the prevailing VAT rate changes, the new rate will apply.
We will deliver your order (if required and as specified as part of your order) within the time frame set out. If for any reason we cannot deliver your order within this time period we will contact you immediately to arrange a new delivery time.
A valid signature will be required on collection or delivery. Title in the product will pass to you immediately prior to dispatch of the product to you.
Cancellation and Returns
Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right and notify us of your intention to do so no longer than eight working days after the day on which you receive the product.
Such notice may be given by mailing or emailing to the address set out on the order form. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.
On cancellation, you must return the product to us at your cost unless the product is being returned because it is faulty, incorrect or because of unsuitable substitution by us, in which case we will meet the cost of return but we ask that you allow us to nominate the carrier.
The product you wish to return must be in a saleable condition in its original, undamaged packaging, and we will consider the overall condition of the product being returned when making a refund. (This does not affect your statutory rights in the event of faulty goods.)
We will refund the price of the item and delivery charge once the product is received by us.
Please note, we are unable to offer refunds or to exchange bespoke products that have been cut to size.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to the product supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
The Conditions will be exclusively governed by and construed in accordance with the laws of England and Wales whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
Registered in England No: 05327104
V.A.T. No. 851 7483 08
The Consumer Protection (Distance Selling) Regulations 2000
can be found at www.hmso.gov.uk/si/si2000/20002334.htm