WELCOME TO THE AT HEART WEBSITE
TERMS AND CONDITIONS FOR USE. THESE TERMS AND CONDITIONS APPLY
TO THE USE OF THIS WEBSITE AT WWW.ATHEART.CO.UK BY ACCESSING
THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY
THESE TERMS AND CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS
OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM
US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
The www.atheart.co.uk website is operated by: At Heart Ltd,
a company registered in England and Wales, whose registered
office is at 32 Stamford Street, Altrincham, Cheshire, United
Kingdom, WA14 1EY. Our company registration number is 5672106. Our
VAT registration number is 833 2366 39 We are a member of the
following trade associations/professional bodies: No
Our contact details are as follows:
Trading address: 32 Stamford
Street, Altrincham, Cheshire, United Kingdom, WA14 1EY.General
email: info@atheart.co.ukTelephone number: 0161 924 0159Fax
number 0161 924 0160
1. INTRODUCTION
1.1 You will be able to access most areas of
this Website without registering your details with us. Certain
areas of this Website are only open to you if you register.
1.2
We may revise these terms and conditions at any time by updating
this posting. You should check this Website from time to time
to review the then current terms and conditions, because they
are binding on you. Certain provisions of these terms and conditions
may be superseded by expressly designated legal notices or terms
located on particular pages of this Website. If you do not wish
to accept any new terms and conditions after we have given notice,
you should not continue to use this Website.
2. ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via
our online checkout process. As part of our checkout process
you will be given the opportunity to check your order and to
correct any errors. We will send you an order acknowledgement,
detailing the products you have ordered.
2.2 Our acceptance of
an order takes place when we despatch the order. We will send
you a despatch confirmation by email. When we despatch the order
the purchase contract will be made even if your payment has
been processed immediately, unless we have notified you that
we do not accept your order or you have cancelled your order.2.3
We may refuse to accept an order:(a) where goods are not available;(b)
where we cannot obtain authorisation for your payment;(c) if
there has been a pricing or product description error; or(d)
if you do not meet any eligibility criteria set out in our terms
and conditions.
3. PRICING
3.1 All prices include VAT (where applicable) at the current
rates. We reserve the right to express the price exclusive of
VAT, but we shall show VAT separately and include it in the
total price.3.2 Where we charge separately for packing, carriage
and insurance and other relevant charges, the appropriate rates
are set out in our specified pricing structure shown elsewhere
on this Website.3.3 Our prices are reviewed periodically and
the next review will be on 31/03/2007.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order: (a) you can notify us
by email to sales@atheart.co.uk before we have dispatched
the goods to you; or(b) where goods have already been dispatched
to you, by returning goods to us in accordance with clause 4.2
below.
4.2 You can return goods you have ordered from us for
any reason at any time within 14 days of receipt for a full
refund or exchange. The costs of returning goods to us shall
be borne by you.4.3 Upon receipt of the goods we will give you
a full refund of the amount paid or an exchange credit as required.4.4
The rights to return the goods to us as referred to in clause
4.3 will not apply in the following circumstances: - in the
event that the product has been used where the products are
magazines or newspapers to any products that we have made or
customised specifically for you The provisions of this clause
4.4 do not affect your statutory rights.
5. LICENCE
5.1 You are permitted to print and download extracts from this
Website for your own use on the following basis: (a) no documents
or related graphics on this Website are modified in any way;(b)
no graphics on this Website are used separately from accompanying
text; and(c) any of our copyright and trade mark notices and
this permission notice appear in all copies.
5.2 Unless otherwise
stated, the copyright and other intellectual property rights
in all material on this Website (including without limitation
photographs and graphical images) are owned by us or our licensors.
For the purposes of these terms and conditions, any use of extracts
from this Website other than in accordance with clause 5.1 above
for any purpose is prohibited. If you breach any of the terms
in these terms and conditions, your permission to use this Website
automatically terminates and you must immediately destroy any
downloaded or printed extracts from this Website.5.3 Subject
to clause 5.1, no part of this Website may be reproduced or
stored in any other website or included in any public or private
electronic retrieval system or service without our prior written
permission.5.4 Any rights not expressly granted in these terms
are reserved.
6. SERVICE ACCESS
6.1 While we endeavour to ensure that this
Website is normally available 24 hours a day, we will not be
liable if for any reason this Website is unavailable at any
time or for any period.
6.2 Access to this Website may be suspended
temporarily and without notice in the case of system failure,
maintenance or repair or for reasons beyond our control.
7. VISITOR MATERIAL AND CONDUCT
7.1 Other than personally identifiable information, which is
covered under the Privacy Policy [INSERT HYPERLINK], any material
you transmit or post to this Website will be considered non-confidential
and non-proprietary. We will have no obligations with respect
to such material. We and our nominees will be free to copy,
disclose, distribute, incorporate and otherwise use such material
and all data, images, sounds, text and other things embodied
therein for any and all commercial or non-commercial purposes.
7.2 You are prohibited from posting or transmitting to or from
this Website any material:(a) that is threatening, defamatory,
obscene, indecent, seditious, offensive, pornographic, abusive,
liable to incite racial hatred, discriminatory, menacing, scandalous,
inflammatory, blasphemous, in breach of confidence, in breach
of privacy or which may cause annoyance or inconvenience; (b)
for which you have not obtained all necessary licences and/or
approvals; (c) which constitutes or encourages conduct that
would be considered a criminal offence, give rise to civil liability,
or otherwise be contrary to the law of or infringe the rights
of any third party, in the UK or any other country in the world;
or(d) which is technically harmful (including, without limitation,
computer viruses, logic bombs, Trojan horses, worms, harmful
components, corrupted data or other malicious software or harmful
data).7.3 You may not misuse the Website (including, without
limitation, by hacking).7.4 We will fully co-operate with any
law enforcement authorities or court order requesting or directing
us to disclose the identity or locate anyone posting any material
in breach of clauses 7.2 or 7.3.
8. LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third party websites on this Website are provided
solely for your convenience. If you use these links, you leave
this Website. We have not reviewed all of these third party
websites and do not control and are not responsible for these
websites or their content or availability. We therefore do not
endorse or make any representations about them, or any material
found there, or any results that may be obtained from using
them. If you decide to access any of the third party websites
linked to this Website, you do so entirely at your own risk.
8.2 If you would like to link to this Website, you may only
do so on the basis that you link to, but do not replicate, the
home page of this Website, and subject to the following conditions:(a)
you do not remove, distort or otherwise alter the size or appearance
of the At Heart logo; (b) you do not create a frame or any other
browser or border environment around this Website;(c) you do
not in any way imply that we are endorsing any products or services
other than our own;(d) you do not misrepresent your relationship
with us nor present any other false information about us; (e)
you do not otherwise use any At Heart trade marks displayed
on this Website without our express written permission;(f) you
do not link from a website that is not owned by you; and(g)
your website does not contain content that is distasteful, offensive
or controversial, infringes any intellectual property rights
or other rights of any other person or otherwise does not comply
with all applicable laws and regulations.We expressly reserve
the right to revoke the right granted in this clause 8.2 for
breach of these terms and to take any action we deem appropriate.8.3
You shall fully indemnify us for any loss or damage we or any
of our group companies may suffer or incur as a result of your
breach of clause 8.2.
9. REGISTRATION
9.1 To register with www.atheart.co.uk you must be over eighteen
years of age.
9.2 Each registration is for a single user only.
We do not permit you to share your user name and password with
any other person nor with multiple users on a network.9.3 Responsibility
for the security of any passwords issued rests with you and
if you know or suspect that someone else knows your password,
you should contact us immediately.9.4 We may suspend or cancel
your registration immediately at our reasonable discretion or
if you breach any of your obligations under these terms and
conditions.
10. DISCLAIMER
10.1 While we endeavour to ensure that the information on this
Website is correct, we do not warrant the accuracy and completeness
of the material on this Website. We may make changes to the
material on this Website, or to the products and prices described
in it, at any time without notice. The material on this Website
may be out of date, and we make no commitment to update such
material.
10.2 The material on this Website is provided “as
is” without any conditions, warranties or other terms
of any kind. Accordingly, to the maximum extent permitted by
law, we provide you with this Website on the basis that we exclude
all representations, warranties, conditions and other terms
(including, without limitation, the conditions implied by law
of satisfactory quality, fitness for purpose and the use of
reasonable care and skill) which but for these terms and conditions
might have effect in relation to this Website.
11. LIABILITY
11.1 We, any other party (whether or not involved in creating,
producing, maintaining or delivering this Website), and any
of our group companies and the officers, directors, employees,
shareholders or agents of any of them, exclude all liability
and responsibility for any amount or kind of loss or damage
that may result to you or a third party (including without limitation,
any direct, indirect, punitive or consequential loss or damages,
or any loss of income, profits, goodwill, data, contracts, use
of money, or loss or damages arising from or connected in any
way to business interruption, and whether in tort (including
without limitation negligence), contract or otherwise) in connection
with this Website in any way or in connection with the use,
inability to use or the results of use of this Website, any
websites linked to this Website or the material on such websites,
including but not limited to loss or damage due to viruses that
may infect your computer equipment, software, data or other
property on account of your access to, use of, or browsing this
Website or your downloading of any material from this Website
or any websites linked to this Website.
11.2 Nothing in these
terms and conditions shall exclude or limit our liability for
(i) death or personal injury caused by negligence (as such term
is defined by the Unfair Contract Terms Act 1977); (ii) fraud;
(iii) misrepresentation as to a fundamental matter; or (iv)
any liability which cannot be excluded or limited under applicable
law.11.3 If your use of material on this Website results in
the need for servicing, repair or correction of equipment, software
or data, you assume all costs thereof.11.4 You agree to indemnify
us fully, defend and hold us, and our officers, directors, employees
and agents, harmless from and against all claims, liability,
damages, losses, costs (including reasonable legal fees) arising
out of any breach of the terms and conditions by you, or your
use of this Website, or the use by any other person using your
registration details.
12. GOVERNING LAW AND JURISDICTION
12.1 These terms and conditions shall be governed by and construed
in accordance with English law. Disputes arising in connection
with these terms and conditions shall be subject to the exclusive
jurisdiction of the English courts.
12.2 We do not warrant that
materials/items for sale on the Website are appropriate or available
for use outside the United Kingdom. It is prohibited to access
the Website from territories where its contents are illegal
or unlawful. If you access this Website from locations outside
the United Kingdom, you do so at your own risk and you are responsible
for compliance with local laws.
13. MISCELLANEOUS
13.1 You may not assign, sub-license or otherwise transfer any
of your rights under these terms and conditions.
13.2 If any provision
of these terms and conditions is found by any court of competent
jurisdiction to be invalid, the invalidity of that provision
will not affect the validity of the remaining provisions which
shall continue to have full force and effect.13.3 Only the parties
to these terms and conditions may seek to enforce them under
the Contracts (Rights of Third Parties) Act 1999.