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Terms & Conditions
Terms and Conditions
(1) Introduction
These terms and conditions govern your use
of our website; by using our website, you accept these terms and conditions in
full. If you disagree with these terms and conditions or any part of these
terms and conditions, you must not use our website.
(2) Licence to use website
Unless otherwise stated, we or our licensors
own the intellectual property rights in the website and material on the
website. Subject to the licence below,
all these intellectual property rights are reserved.
You may view,
download for caching purposes only, and print pages from the website for your
own personal use, subject to the restrictions set out below and elsewhere in
these terms and conditions.
You must not:
(a) Republish material from
this website (including republication on another website);
(b) Sell, rent or sub-license
material from the website;
(c) Show any material from
the website in public;
(d) Reproduce, duplicate,
copy or otherwise exploit material on our website for a commercial purpose
(e) Edit or otherwise modify
any material on the website
(f) Redistribute material
from this website [except for content specifically and expressly made available
for redistribution (such as a newsletter).
(3) Acceptable
use
You must not use our website in any way that
causes, or may cause, damage to the website or impairment of the availability
or accessibility of the website; or in any way which is unlawful, illegal,
fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent
or harmful purpose or activity.
You must not use our website to copy, store,
host, transmit, send, use, publish or distribute any material which consists of
(or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke
logger, rootkit or other malicious computer software.
You must not conduct any systematic or
automated data collection activities (including without limitation scraping,
data mining, data extraction and data harvesting) on or in relation to our
website without our express written consent.
[You must not use our website to transmit or
send unsolicited commercial communications.]
[You must not use our website for any
purposes related to marketing without our express written consent.]
(4) Restricted
access
[Access to certain areas of our website is
restricted.] We reserve the right to
restrict access to [other] areas of our website, or indeed our whole website,
at our discretion.
If we provide you with a user ID and password
to enable you to access restricted areas of our website or other content or
services, you must ensure that that user ID and password is kept
confidential.
[We may disable your user ID and password in
our sole discretion without notice or explanation.]
[(5) User generated content
In these terms and conditions, “your user
content” means material (including without limitation text, images, audio
material, video material and audio-visual material) that you submit to our
website, for whatever purpose.
You grant to us a worldwide, irrevocable,
non-exclusive, royalty-free licence to use, reproduce, adapt, publish,
translate and distribute your user content in any existing or future
media. You also grant to us the right to
sub-license these rights, and the right to bring an action for infringement of
these rights.
Your user content must not be illegal or
unlawful, must not infringe any third party's legal rights, and must not be
capable of giving rise to legal action whether against you or us or a third
party (in each case under any applicable law).
You must not submit any user content to the
website that is or has ever been the subject of any threatened or actual legal
proceedings or other similar complaint.
We reserve the right to edit or remove any
material submitted to our website, or stored on our servers, or hosted or
published upon our website.
[Notwithstanding our rights under these
terms and conditions in relation to user content, we do not undertake to
monitor the submission of such content to, or the publication of such content on,
our website.][1]
(6) Limited warranties
Whilst we endeavour to ensure that the
information on this website (excluding user content) is correct, we do not
warrant its completeness or accuracy; nor do we commit to ensuring that the
website remains available or that the material on the website is kept
up-to-date.
To the maximum extent permitted by
applicable law we exclude all representations, warranties and conditions
relating to this website and the use of this website (including, without
limitation, any warranties implied by law of satisfactory quality, fitness for
purpose and/or the use of reasonable care and skill).
(7) Limitations of liability
Nothing in these terms and conditions (or elsewhere on our website) will
exclude or limit our liability for fraud, for death or personal injury caused
by our negligence, or for any other liability which cannot be excluded or
limited under applicable law.
Subject to this, our liability to you in relation to the use of our
website or under or in connection with these terms and conditions, whether in
contract, tort (including negligence) or otherwise, will be limited as follows:
[(a) to the extent that the website and the
information and services on the website are provided free-of-charge, we will
not be liable for any loss or damage of any nature;
(b) we will not be liable for any
consequential, indirect or special loss or damage;
(c) we will not be liable for any loss of
profit, income, revenue, anticipated savings, contracts, business, goodwill,
reputation, data, or information;
(d) we will not be liable for any loss or
damage arising out of any event or events beyond our reasonable control;
(e) our maximum liability in relation to any
event or series of related events will be limited to £500
(8) Indemnity
You hereby indemnify us and undertake to
keep us indemnified against any losses, damages, costs, liabilities and
expenses (including without limitation legal expenses and any amounts paid by
us to a third party in settlement of a claim or dispute on the advice of our
legal advisers) incurred or suffered by us arising out of any breach by you of
any provision of these terms and conditions[, or arising out of any claim that
you have breached any provision of these terms and conditions].
(9) Breaches
of these terms and conditions
Without prejudice to our other rights under these terms and conditions,
if you breach these terms and conditions in any way, we may take such action as
we deem appropriate to deal with the breach, including suspending your access
to the website, prohibiting you from accessing the website, blocking computers
using your IP address from accessing the website, contacting your internet
service provider to request that they block your access to the website and/or
bringing court proceedings against you.
(10) Variation
We may revise these terms and conditions from
time-to-time. Revised terms and
conditions will apply to the use of our website from the date of the
publication of the revised terms and conditions on our website. Please check this page regularly to ensure
you are familiar with the current version.
(11) Assignment
We may transfer, sub-contract or otherwise
deal with our rights and/or obligations under these terms and conditions
without notifying you or obtaining your consent.
You may not transfer, sub-contract or
otherwise deal with your rights and/or obligations under these terms and
conditions.
(12) Severability
If a provision of these terms and conditions is determined by any court
or other competent authority to be unlawful and/or unenforceable, the other
provisions will continue in effect. If
any unlawful and/or unenforceable provision would be lawful or enforceable if
part of it were deleted, that part will be deemed to be deleted, and the rest
of the provision will continue in effect.
(13) Exclusion of third party rights
These terms and conditions are for the benefit
of you and us, and are not intended to benefit any third party or be
enforceable by any third party. The
exercise of our and your rights in relation to these terms and conditions is
not subject to the consent of any third party.
(14) Entire agreement
These terms and
conditions constitute the entire agreement between you and us in relation to
your use of our website, and supersede all previous agreements in respect of
your use of this website.
(15) Law
and jurisdiction
These terms and conditions will be governed by and construed in
accordance with English[2]
law, and any disputes relating to these terms and conditions will be subject to
the [non-]exclusive[3]
jurisdiction of the courts of England and Wales.
(16) Registrations
and authorisations
Our Company reg number is 6370540
Our VAT number is 864 8332 96
(17)
Payment
CREDIT / DEBIT / CHARGE CARDS
Credit, debit and charge cards are accepted without surcharge.
When we receive your order, your payment card will be pre-authorised with your
bank. Pre-authorisation locks funds in your account for upto 7 days so that we
may charge your card when your order is ready for despatch. Please note that we
only charge your card when your order is ready to be shipped
We reserve the right to deliver any order to the cardholders billing address in
the interests of protecting both the card holder and Smartlift against credit
card fraud.
Orders sent to a non card registered address are sent at the customers
liability due to the higher risk of card fraud and a third party obtaining your
order when sending to a third party address. If requesting an alternative
delivery address please state this on your order, along with your card
registered address.
In the interests of protecting all our customers against credit card fraud, you
may be asked to provide us with proof of your address at anytime. If you refuse
to provide us with this evidence, your order may be cancelled.
If you are using a credit card not belonging to yourself, you must give the
cardholder's full name and address. We will then contact the cardholder to
obtain approval.
The use of stolen credit cards will result in international police notification
and court action in all cases.
CHEQUES
Personal or business cheques are welcomed but clearance is required prior to
order shipping. This can take up to 10 working days from when we receive the
cheque.
Please note we only accept
Unfortunately we are unable to reserve items whilst waiting for cheque
clearance. If the item ordered is in limited supply, please include alternative
items when ordering so that we can easily substitute your first choice to avoid
any disappointment.
IMPORTANT: Please ensure that you have written your full name and address on
the back of the cheque together with your customer id number (if applicable).
CASH
We accept cash sent by insured delivery. We accept UK Pounds only.
Please note that we can't be held liable for any money lost in the post. Please do not send coins, we only accept notes.
You may also transfer funds (or pay cash) directly into our bank account.
(18)
PRICES
We reserve the right to amend our prices without prior notice. All customers
with outstanding orders will be notified of any change in prices before their
order is charged and despatched.
All orders are accepted subject to availability of stock at the time of picking
the order.
Prices are correct at the time of publication or upload to our website.
We are not obliged to supply goods to you until we have confirmed acceptance of
your order. The acknowledgement email you may receive does not constitute order
confirmation, or acceptance.
(19) Our details
The full name of our company is Smartlift
Bulk Packaging Ltd
[We are registered in [
Our [registered] address is
You can contact us by email to
sales@smartliftbulkpackaging.co.uk