Upper Canada UK Ltd Terms & Conditions
These terms and conditions apply to the use of this Website and the purchasing of Products through the medium of this Website or by telephone or mail order and by accessing this Website and/or placing an order You agree to be bound by the terms and conditions set out below. If You do not agree to be bound by these terms and conditions You may not use or access this Website.
Before you place an order, if you have any questions relating to these terms and conditions please contact us by e-mail, firstname.lastname@example.org or call us on +44(0)1793 487 684 between the office hours of 9am and 5pm.
"Catalogue" means any current catalogue containing descriptions of Products from time to time issued by us;
"Conditions"means these terms and conditions and the Special Conditions;
"Product"means a product displayed for sale on the Website and/or in a Catalogue;
"Product Description"means that specific part of the Website or Catalogue where specific information and/or Special Terms in respect of the individual Product is provided;
"Special Conditions"means the terms and conditions in relation to such Product which are specified in the Product Description;
"Personal Information" means the details provided by You to Us through the medium of this Website or otherwise;
"We/Us/Our"means Upper Canada UK Ltd;
"Website" means www.aromahome.com or any subsequent URL which may replace it;
"United Kingdom"means England, Wales, Scotland, Northern Ireland and the Channel Islands;
"You/Your"means a user of this Website.
2. ACCESS TO THE WEBSITE
You are provided with access to this Website in accordance with these Conditions and any orders placed by
You through the medium of this Website, by telephone or by mail order must be placed strictly in accordance with these Conditions.
You agree fully to indemnify, defend and hold us, and our officers, directors, employers, agents and suppliers, harmless immediately on
demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Conditions by You or any other liabilities arising out of Your use of this Website, or the use by any other person accessing the Website or placing an order by telephone of mail order using Your shopping account and/or Your Personal information.
4. OUR RIGHTS
We reserve the right to:
* Modify or withdraw, temporarily or permanently, this Website (or any part thereof) or any Catalogue 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 Website or any such Catalogue; and/or
* Change these Conditions from time to time, and Your continued use of the Website (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 these Conditions have been changed. If You do not agree to any change to the Conditions then You must immediately stop using the Website and refrain from placing any order with us.
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 this Website or by telephone or mail order.
Your order will be fulfilled by the delivery date set out in the confirmation provided by us and in any event within 30 days from the date of the foregoing confirmation. Where We are unable deliver the Product within 30 days, We will refund the purchase price to You.
6. FAULTY PRODUCTS
If You are not satisfied with Your purchase because they are faulty or do not conform to the Product Description, return the goods to Us together with the original packaging within 28 days for an exchange or a refund of the item price. This does not affect Your statutory rights.
7. CONTRACT CREATION AND ELECTRONIC CONTRACTING
The technical steps which You require to take in order for the transaction to be properly processed are as follows:
* You place the order for the Products on the Website by pressing the confirm order button at the end of the checkout process.
* You will be guided through the process of placing an order by a series of simple instructions on the Website.
* You will receive confirmation from Us that Your transaction has been processed.
* Alternatively, you place an order by telephone with our telephone sales centre or by completing and sending to us a completed mail order form, together in either case with valid payment of the relevant amount.
* Receipt of order confirmation is evidence that we have received your order but does not constitute acceptance of such order.
* Order acceptance and the completion or the contract between You and Us will take place on the dispatch to You of the Products ordered unless We have notified You that we do not accept Your order, or You have cancelled it.
* Non-acceptance of an order may be a result of one of the following:
* The Product You ordered being unavailable from stock.
* Our inability to obtain authorisation for Your payment.
* The identification of a pricing or Product description error.
* You not meeting the eligibility to order criteria set out in these Conditions.
The transaction will be concluded in English.
8. CONTRACT CANCELLATION
Please note that You are entitled to cancel your order if You so wish provided that you exercise Your right no longer than eight working days after the day on which You receive the Products.
If You wish to exercise Your right to cancel Your order after Your order has already been despatched please follow the procedure set out in Our Returns procedure.
Please see Our Return/Refund Instruction for further details. Please note We do not pay or refund return postage paid on items returned under this Condition 8.
9. INTELLECTUAL PROPERTY AND RIGHT TO USE
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in Us or Our licensors. You are permitted to use this material only as expressly authorised by Us or Our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for Your personal non-commercial use only and that You may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
10 COMPLIANCE WITH LAWS
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
11. LIMITATION OF LIABILITY
Nothing in the Conditions shall exclude or limit Our liability for fraudulent misrepresentation and/or death or personal injury resulting from Our negligence or that of Our servants, agents or employees. Subject to the foregoing, to the fullest extent permitted by law, Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Conditions shall be limited to the price of the Products and other charges paid by You to Us.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect Your statutory rights as a consumer, nor does it affect Your cancellation rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with these Conditions for:
* Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
* Any loss of goodwill or reputation; or
* Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
If any part of these Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the conditions and shall not affect the validity and enforceability of any of the remaining provisions of these Conditions.
No waiver by Us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
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.
15. ENTIRE AGREEMENT
These Conditions govern Our relationship with You. Your statutory rights are not affected by these Conditions.. You agree that these Conditions shall be the exclusive basis on which any contracts made between You and Us are transacted and processed unless otherwise agreed in writing by one of Our managers.
The Conditions shall be governed by and construed in accordance with the laws of England and You irrevocably submit to the exclusive jurisdiction of the courts of England.