This Website, www.precioustuff.com is operated by precioustuff and whose main trading address is 12 Cedar Close Elson Gosport Hampshire PO12 4AT
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
means precioustuff whose main trading address is 12 Cedar Close Elson Gosport Hampshire PO12 4AT.
means collectively the personal information, Payment Information and credentials used by Users to access Material and / or any communications System on the Website;
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
means the terms and conditions governing your use of Material purchased from this Website;
means collectively any online facilities, tools, services or information that precioustuff makes available through the Website either now or in the future;
means any third party that accesses the Website and is not employed by precioustuff and acting in the course of their employment;
means the website that you are currently using (www.precioustuff.com) unless expressly excluded by their own terms and conditions.
2. Intellectual Property
2.1 Subject to the exceptions in Clause 4 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of precioustuff, Our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws.
2.2 You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
3. Third Party Intellectual Property and Material
3.1 Material available for purchase on this Website is always accompanied by the details of its respective author, creator and/or owner. The Material is the property of the author, creator and/or owner detailed. Such ownership extends to any free previews of Material that may be available on this Website.
3.2 Subject to TERM of SALE purchased Material is to be used only in accordance with the terms of the accompanying Licence. Use without a Licence or beyond the terms of such a Licence is prohibited subject to any alternative agreement between you and the owner of the relevant Material.
3.3 Free previews of Material may be used in works in progress. Such preview Material must be removed from or replaced with purchased Material for any versions of works that are released to any parties other than co-authors. Under no circumstances are Material previews or any work containing them to be commercially exploited.
4. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
5. Use of Communications Facilities
5.1 When using any System on the Website you should do so in accordance with the following rules:
5.1.1 You must not use obscene or vulgar language;
5.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
5.1.3 You must not submit Content that is intended to promote or incite violence;
5.1.4 It is advised that submissions are made using the English language(s) as We may be unable to respond to enquiries submitted in any other languages;
5.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
5.1.6 You must not impersonate other people, particularly employees and representatives of precioustuff or Our affiliates; and
5.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
5.2 You acknowledge that precioustuff reserves the right to monitor any and all communications made to Us or using Our System.
5.3 You acknowledge that precioustuff may retain copies of any and all communications made to Us or using Our System.
5.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
6.1 All notices / communications shall be given to Us either by post to Our Premises (12 Cedar Close Elson Gosport Hampshire PO12 4AT) or by email to [email protected]. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please <<insert description, e.g. "click on the 'Unsubscribe' link in any email which you receive from us.">>
7. Complaints and Feedback
7.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
7.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available from <<insert location>> and <<insert location>>respectively.
7.3 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
7.3.1 In writing, addressed to complaints department, 12 Cedar Close Elson Gosport Hampshire PO12 4AT
7.3.2 By email, addressed to the complaint manager at [email protected]
7.3.3 Using Our complaints form, following the instructions included with the form
By contacting Us by telephone on to be produced.
8.1 In order to purchase Material on this Website and to use certain other parts of the Website you are required to create an Account which will contain certain personal details (including Payment Information) which may vary based upon your use of the Website. By continuing to use this Website you represent and warrant that:
8.1.1 all information you submit is accurate and truthful;
8.1.2 you have permission to submit Payment Information where permission may be required; and
8.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
8.2 Sharing of accounts is not permitted unless We expressly authorise it in writing. You are required to keep your Account details confidential and must not reveal your username and password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
8.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Us immediately to suspend your Account. Please be aware that due to the instantaneous nature of Material delivery, pending or completed purchases cannot be cancelled.
8.4 When choosing your username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.
9. Termination of Accounts
9.1 Either precioustuff or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
9.2 If your Account is terminated, you retain the right to use Material purchased through the Website, subject to any terms to the contrary in the Licence applicable to that Materia.
11. How We Use Your Personal Information (Data Protection)
11.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
11.2 We may use your personal information to:
11.2.1 Provide Our Service to you;
11.2.2 Process your payment for the Service; and
11.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
11.3 In certain circumstances (if, for example, you wish to make a purchase on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
11.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
12. Legal Rights and Disclaimers
12.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
12.3 When providing digital content to consumers, We are required to provide digital content that is of satisfactory quality, fit for any purpose made known to us (whether expressly or impliedly), and in accordance with any descriptions (and pre-contract information) given by Us. This includes any digital content we may subsequently modify. If We fail to comply with Our legal obligations, consumers may be entitled to certain legal remedies including repair or replacement or price reductions. For full details of consumers' legal rights, including those relating to digital content, please contact your local Citizens Advice Bureau or Trading Standards Office.
12.4 Whilst We exercise all reasonable skill and care to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
13. Availability of the Website and Modifications
13.1 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and state-mandated censorship.
13.2 We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the Content available. Where any Content or Material is made unavailable and you are entitled to a refund as a result, We will inform you of the refund due and it will be paid within 14 days using the same method originally used by you. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
14. Limitation of Liability
14.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Website or the use of or reliance upon any content included on the Website.
14.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to the Website or any content included on the Website.
14.3 If you are a commercial user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
14.4 We exercise all reasonable skill and care to ensure that the Website is free from viruses and other malware. Subject to sub-Clause 15.5, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the Website (including the downloading of any content from it) or any other site referred to on the Website.
14.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
14.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers' legal rights, including those relating to digital content, please contact your local Citizens' Advice Bureau or Trading Standards Office.
14.7 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
15. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
16. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
17. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and precioustuff..
18. Law and Jurisdiction
18.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
18.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
18.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.