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Terms & Conditions
Terms and conditions of use
These terms and conditions apply between you, The User of this website (including any sub-domains, unless expressly excluded by their own terms and conditions), and “us” “we” or “our” referring to us here at Seamingly. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website immediately.
In these terms and conditions, the User or Users means any third party that accesses the website and is not either (I) employed by Seamingly and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Seamingly and accessing the website in connection with the provision of such services.
You must be at least 18 years of age to use this website. By using the website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual property and acceptable use
1. All content included on this website, unless uploaded by Users, is the property of Seamingly, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this website, including any such content uploaded by Users. By continuing to use the website you acknowledge that such content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
2. You may, for your own personal, non-commercial use only do the following:
a. retrieve, display and view the Content on a computer screen or mobile device.
3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without written permission of Seamingly.
Prohibited use
4. You may not use the website for any of the following purposes:
a. in any way which causes, or may cause, damage to the website or interferes with any other person’s use or enjoyment of the website;
b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Registration
5. You must ensure that the details provided by you on registration or at any time are correct and complete.
6. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
7. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
8. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions or alternatively you can email us at enquiries@seamingly.co.uk. Cancellation or suspension of your registration does not affect any statutory rights.
Password and security
9. When you register on this website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.
10. If we have reason to believe that there is or is likely to be any misuse of the website or breach of security, we may require you to change your password or suspend your account.
Privacy Policy and Cookies Policy
11. Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference.
Availability of the Website and disclaimers
12. Any online facilities, tools, services or information that Seamingly makes available through the Website (the service) is provided “as is” and on an “as available” basis. We give no warranty that service will be free of defects and/or faults. To the maximum extent permitted by law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Seamingly is under no obligation to update information on the Website.
13. Seamingly uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of personal details and their computers.
14. Seamingly accepts no liability for any disruption or non-availability of the Website.
15. Seamingly reserves the right to alter, suspend or discontinue any part (or whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of Liability
16. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentations; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
17. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
18. To the maximum extent permitted by law, Seamingly accepts no liability for any of the following
(a) any business losses, such as loss of profits, income, revenue, anticipated savings, business contracts, goodwill or commercial opportunities;
(b) loss or corruption of any data, database or software;
(c) any special, indirect or consequential loss or damage.
Goods
19. The description of goods is as set out on the website, catalogues, brochures, social media or other forms of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the goods supplied.
20. In the case of any goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
21. All goods which appear on the Website are subject to availability.
22. We can make changes to the goods which are necessary to comply with any applicable law or safety requirement.
Basis of sale
23. The description of goods on our Website does not constitute a contractual offer to sell the goods. When an order has been submitted on the Website, we can reject it for any reason, although we do try to tell you the reason without delay.
24. The order process is set out on the Website. It is your responsibility to check that you have used the ordering process correctly.
25. A contract will be formed for the sale of goods ordered only when you receive an email from us confirming the order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the order placed by you. By placing an order, you agree to us giving you confirmation of the contract by means of email with all information in it (ie. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the contract, but in any event not later than the delivery of any goods supplied under the contract.
26. No variation of the contract, whether about description of the goods, fees or otherwise, can be made after it has been entered unless the variation is agreed by the Customer and Seamingly, in writing.
Price and Payment
27. Prices and charges include VAT at the rate applicable at the time of the order.
28. You must pay by submitting your credit or debit card details with your order and we can take payment immediately or otherwise before delivery of the goods.
General
29. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
30. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
31.These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
32. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
33.If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
34.Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other right or remedy.
35. This agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Seamingly details
36. Seamingly, 52 Park Road West, Wollaston, Stourbridge, West Midlands, DY8 3NQ operates a Website seamingly.co.uk. You can contact us here at Seamingly by email on enquiries@seamingly.co.uk.
Attribution
37. These terms and conditions were created using a document from Rocket Lawyer.