LanyardsTomorrow.co.uk WEBSITE TERMS AND CONDITIONS
E-COMMERCE SALE OF GOODS (business-to-customer)
These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to customers through your use of this website, www.ckbltd.com and our associated company websites including www.baramigos.co.uk and www.lanyardstomorrow.co.uk (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. In ordering Goods, you are confirming your acceptance of these Terms and Conditions. These Terms and Conditions, as well as any and all Contracts are in the English language only. These Terms and Conditions do not affect your statutory rights.
In providing Our Site, We observe The UK Data Protection Act 2018, EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”), the E-Commerce Directive 2002, the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013, and the Consumer Rights Act 2015. The standards of the GDPR are recognised in the UK Data Protection Act 2018, and are thus referenced in these terms and will be focused on for so long as this EU law has legal effect in the UK.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
means a contract for the purchase and sale of Goods, as explained in Clause 8;
means the goods sold by Us through Our Site;
means your order for Goods;
means our acceptance and confirmation of your Order;
means the reference number for your Order; and
means CKB Ltd ®, a company registered in England under number 07123102, whose registered address is St. Christopher's House, Ridge Road, Letchworth Garden City, Hertfordshire, SG6 1PT, England and whose main trading address is Unit 5, Business Centre East, Fifth Avenue, Letchworth Garden City, Hertfordshire, SG6 2TS. We/Us/Our also covers our group company brands including Bar Amigos ® and Lanyards Tomorrow ®
2. Information About Us
2.1 Our Site, www.ckbltd.com, is owned and operated by CKB Ltd ®, a limited company registered in England under number 07123102, whose registered address is St. Christopher's House, Ridge Road, Letchworth Garden City, Hertfordshire, SG6 1PT, England and whose main trading address is Unit 5, Business Centre East, Fifth Avenue, Letchworth Garden City, Hertfordshire, SG6 2TS. Our VAT number is 991324508. We also operate under our group company brands of Bar Amigos ® on www.baramigos.co.uk and Lanyards Tomorrow ® on www.lanyardstomorrow.co.uk
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Age Restrictions
4.1 Consumers may only purchase Goods through Our Site that are rated for those of 18 years or older if they are at least 18 years of age. In purchasing such a product, you are confirming you are at least 18 years of age.
4.2 Should a signature or photographic identification be required to receive such a product when being delivered, you are confirming that you will provide this in purchasing the Goods.
5. Business Customers
We operate on a business to customer transactional basis. These Terms of Sale do not apply to customers purchasing Goods in the course of business. Please refer to the relevant business-to-business policies located on the www.giftstomorrow.co.uk website.
6. International Customers
6.1 If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination. We are not responsible for such charges and We undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer on record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and We cannot guarantee that the packaging of your Goods will be free of signs of tampering. Please also be aware that United Kingdom consumer protection laws may not apply.
6.2 All Goods and delivery charges will be shown in the relevant local currency if available. Your payment card company can, however, perform any necessary currency conversion.
7. Goods, Pricing and Availability
7.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
7.1.1 Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;and
7.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
7.2 Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 11 if you receive incorrect Goods (i.e. Goods that are not as described).
7.3 Where appropriate, you may be required to select the required size, model, colour, number, etc., of the Goods that you are purchasing.
7.4 We make Our best endeavours to ensure that stock quantities are available, but We cannot guarantee that Goods will always be available.
7.5 Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
7.6 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 7.9 regarding VAT, however).
7.7 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 30 calendar days, We will treat your Order as cancelled and notify you of this in writing.
7.8 In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
7.9 All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
7.10 Delivery charges are not included in the price of Goods displayed on Our Site. Delivery options and related charges will be presented to you as part of the order process.
7.11 Delivery can be made to any address as long as the address at which your payment card is registered is also present on your order. All deliveries must be signed for (except items sent by post and which are small enough to be put through Your letterbox). We do not deliver to Post Office (P.O.) boxes or shipping agent addresses.
8. Orders – How Contracts Are Formed
8.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
8.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
8.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
8.4 Order Confirmations shall contain the following information:
8.4.1 Your Order Number;
8.4.2 Confirmation of the Goods ordered; and
8.4.3 Pricing for the Goods ordered;
8.5 We will also include a paper copy of the Order Confirmation with your Goods.
8.6 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 calendar days.
8.7 Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods.
9.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will not be charged until We dispatch your Goods.
9.2 We accept the following methods of payment on Our Site:
9.2.1 Braintree (enabling transactions via Visa, MasterCard and Maestro);
9.2.2 Amazon Payments; and
10. Delivery, Risk and Ownership
10.1 All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 14).
10.2 If We are unable to deliver the Goods within 30 calendar days of Our Order Confirmation, the following will apply:
10.2.1 If no one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox, a delivery note should be left explaining how to rearrange delivery or where to collect the Goods;
10.2.2 If you do not collect the Goods or rearrange delivery within a reasonable time period, We will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Goods. If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that we incur in recovering the Goods.
10.3 In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 10.1), if any of the following apply you may treat the Contract as being at an end immediately:
10.3.1 We have refused to deliver your Goods; or
10.3.2 In light of all relevant circumstances, delivery within that time period was essential; or
10.3.3 You told Us when ordering the Goods that delivery within that time period was essential.
10.4 If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
10.5 You may cancel all or part of your Order under sub-Clauses 10.3 or 10.4 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 14 calendar days. Please note that if any cancelled Goods are delivered to you, you must return them to Us. We will bear the cost of returning the cancelled Goods.
10.6 Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address you have provided.
10.7 Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
10.8 Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Goods.
10.9 For the personalised/ customised products you (the customer) agree to exercise due diligence in providing direction to us regarding the preparation of materials and must be able to substantiate all claims and representations. You (the customer) are responsible for all trademark, copyright and patent infringement clearances and are responsible for arranging, prior to publication, any necessary legal clearances, licenses, usage or royalty payments. You acknowledge that we may use a third-party provider and be required to share details with them in order to fulfil your order (for example, for personalised products).
11. Faulty, Damaged or Incorrect Goods
11.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided including digital content (unless We have made you aware of any differences). If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement. Your available remedies will be as follows:
11.1.1 Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above.
11.1.2 If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a replacement of the Goods. We will bear any associated costs and will provide a replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a replacement is impossible or otherwise disproportionate, We may instead offer you a full refund. If you request a replacement during the 30 calendar day rejection period, that period will be suspended while We provide the replacement and will resume on the day that you receive the replacement Goods. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
11.1.3 If, after a repair or replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
11.1.4 If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.
11.1.5 Please be aware that after six months have passed since you received the Goods, the burden of proof will be on you to prove that the defect or non-conformity existed at the time of delivery.
11.2 Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 11 merely because you have changed your mind. If you are a consumer in the European Union you have a legal right to a 14 calendar day cooling-off period within which you can return Goods for this reason. Please refer to Clause 12 for more details.
11.3 To return Goods (including any accessories the item came with and its original packaging) to Us for any reason under this Clause 11, please post them to Us at CKB Ltd, Unit 5, Business Centre East, Fifth Avenue, Letchworth Garden City, Herts, SG6 2TS. We will be fully responsible for the costs of returning Goods under this Clause 11 and will reimburse you where appropriate.
11.4 Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
11.5 Any and all refunds issued under this Clause 11 will include all delivery costs paid by you when the Goods were originally purchased.
11.6 Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Goods.
11.7 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
12. Cancelling and Returning Goods if You Change Your Mind
12.1 If you are a consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed. You may also cancel for any reason before We send the Order Confirmation.
12.2 If you wish to exercise your right to cancel under this Clause 12, you must inform Us of your decision within the cooling-off period. Please use the relevant option on any platform you purchased our Goods from (e.g. Amazon) or send such communications to email@example.com You can also use the cancellation form found at Appendix A to this Policy. Please ensure you include details of your order number and the item(s) you wish to cancel on your communication. Cancellation by email is effective from the date on which you send Us your message. Please note that the cooling off period lasts for whole calendar days. If, for example, you send Us an email by 23:59 on the final day of the cooling off period, your cancellation will be valid and accepted. If you would prefer to contact Us by telephone to cancel, please call +44 (0)1462 682020.
12.3 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.
12.4 Please note that you may lose your legal right to cancel under this Clause 12 in the following circumstances:
12.4.1 If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;
12.4.2 If the Goods consist of sealed audio or video recordings (e.g. CD or DVD) or sealed computer software and you have unsealed the Goods after receiving them;
12.4.3 If the Goods have been personalised or custom-made for you;
12.4.4 If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.
12.5 Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 12.
12.6 You may return Goods to Us by post or another suitable delivery service of your choice to Our returns address at CKB Ltd, Unit 5, Business Centre East, Fifth Avenue, Letchworth Garden City, Herts, SG6 2TS. Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause 12. The cost of returning Goods to Us should not normally exceed the cost of having them originally delivered to you if you use the same carrier.
12.7 Refunds under this Clause 12 will be issued to you within 14 calendar days of the following:
12.7.1 The day on which We receive the Goods back; or
12.7.2 The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 12.9.1); or
12.7.3 If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
12.8 Refunds under this Clause 12 may be subject to deductions in the following circumstances:
12.8.1 Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Goods have been handled excessively.
12.8.2 In order to qualify for a Refund, all items must be in a re-saleable condition (i.e. undamaged), in their original and undamaged packaging, unused and complete with all tags and labels attached. We reserve the right to refuse to refund items that are returned that are not in a re-saleable condition. Goods returned in an unsatisfactory condition and those not in a re-saleable condition may be returned to you at your expense.
12.9 Standard delivery charges will be reimbursed in full as part of your refund. Please note, however, that We cannot reimburse for premium delivery. We will only reimburse the equivalent standard delivery costs when issuing refunds under this Clause 12
12.10 Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Goods.
13. Our Liability to Consumers
13.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
13.2 We only supply goods primarily for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
13.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
13.4 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
14. Events Outside of Our Control (Force Majeure)
14.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
14.2 If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
14.2.1 We will inform you as soon as is reasonably possible;
14.2.2 We will take all reasonable steps to minimise the delay;
14.2.3 To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
14.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
14.2.5 If the event outside of Our control continues for more than a 30 calendar day period, We may cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 calendar days of the date on which the Contract is cancelled;
14.2.6 If an event outside of Our control occurs and continues for more than a 30 calendar day period and you wish to cancel the Contract as a result, you may do so by contacting Us directly to cancel.
In each case, please provide Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 calendar days of the date on which the Contract is cancelled.
15. Communication and Contact Details
15.1 If you wish to contact Us with general questions or complaints, you may contact Us by e-mail at firstname.lastname@example.org, by telephone on +44 (0)1462 682020, or by post at Unit 5, Business Centre East, Fifth Avenue, Letchworth Garden City, Herts, SG6 2TS.
15.2 For matters relating the Goods or your Order, please contact Us by e-mail at email@example.com, by telephone on +44 (0)1462 682020, or by post at Unit 5, Business Centre East, Fifth Avenue, Letchworth Garden City, Herts, SG6 2TS.
15.3 For matters relating to cancellations, please contact Us by e-mail at firstname.lastname@example.org, or by telephone on +44 (0)1462 682020, or by post at Unit 5, Business Centre East, Fifth Avenue, Letchworth Garden City, Herts, SG6 2TS, or refer to the relevant Clauses above.
16. Complaints and Feedback
16.1 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.
16.2 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
16.2.1 In writing, addressed to the Director, Unit 5, Business Centre East, Fifth Avenue, Letchworth Garden City, Herts, SG6 2TS; or
16.2.2 By email, addressed to the Director at email@example.com.
17. How We Use Your Personal Information (Data Protection)
17.1 All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the EU Regulation 2016/679 – the GDPR and your rights under that Regulation.
17.2 We may use your personal information to:
17.2.1 Provide Our Goods and services to you; and
17.2.2 Process your Order (including payment) for the Goods.
17.3 Please refer to the CKB Ltd Data Protection Policy available on Our Site.
18. Other Important Terms
18.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
18.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
18.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
18.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
18.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
18.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 14 calendar days of your cancellation.
19. Law and Jurisdiction
19.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
19.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.
19.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (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.
19.4 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 & Wales.
20. Intellectual Property Rights
20.1 All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties. All rights are reserved.
20.2 Subject to sub-Clauses 20.3 and 20.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
20.3 You may:
20.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
20.3.2 Print pages from Our Site;
20.3.3 Download extracts from pages on Our Site; and
20.3.4 Save pages from Our Site for later and/or offline viewing.
20.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
20.5 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
20.6 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; the making of personal copies for private use; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
21. Links to Our Site
21.1 You may link to Our Site provided that:
21.1.1 You do so in a fair and legal manner;
21.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
21.1.3 You do not use any logos or trademarks displayed on Our Site without Our express written permission; and
21.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
21.2 Framing or embedding of Our Site on other websites is not permitted without Our express written permission.
21.3 You may not link to Our Site from any other site the main content of which contains material that:
21.3.1 Is sexually explicit;
21.3.2 Is obscene, deliberately offensive, hateful or otherwise inflammatory;
21.3.3 Promotes violence;
21.3.4 Promotes or assists in any form of unlawful activity;
21.3.5 Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
21.3.6 Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
21.3.7 Is calculated or is otherwise likely to deceive another person;
21.3.8 Is designed or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
21.3.9 Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 6.3);
21.3.10 Implies any form of affiliation with Us where none exists;
21.3.11 Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
21.3.12 Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
21.4 The content restrictions in sub-Clause 21.3 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 21.3. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
22. Links to Other Sites
22.1 Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
23. Viruses, Malware and Security
23.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
23.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
23.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
23.4 You must not attempt to gain unauthorised access to any part of Our Site or any servers, computers, or databases connected to Our Site.
23.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
23.6 By breaching the provisions of sub-Clauses 23.3 to 23.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
24. Acceptable Usage Policy
24.1 You may only use Our Site in a manner that is lawful. Specifically:
24.1.1 You must ensure that you comply fully with any and all local, national or international laws and/or regulations;
24.1.2 You must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
24.1.3 You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
24.1.4 You must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
24.2 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 24 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
24.2.1 Suspend, whether temporarily or permanently, your right to access Our Site;
24.2.2 Issue you with a written warning;
24.2.3 Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
24.2.4 Take further legal action against you as appropriate;
24.2.5 Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
24.2.6 Any other actions which We deem reasonably appropriate (and lawful).
24.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
25. Privacy and Cookies
Use of Our Site is also governed by Our Website Privacy & Cookies Policy, available on our Site.
26. Changes to these Terms and Conditions
26.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
26.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
27. Implementation of Policy
This Policy shall be deemed effective as of 1st December 2019. No part of this policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.
V4.1 Website Terms & Conditions: E-commerce Sale of Goods - effective date 1st December 2019
Please let us know if you would like to cancel your order for Goods placed on our website. You can do so by e-mail (firstname.lastname@example.org) or telephone +44 (0)1462 682020.
Alternatively, please fill in the below cancellation form and return it to us by post or e-mail:
To: CKB Ltd, Unit 5, Business Centre East, Fifth Avenue, Letchworth Garden City, Herts, SG6 2TS (email@example.com)
I hereby give notice that I wish to cancel my contract of sale:
Description of Goods cancelled:
Signature (only if this form is notified on paper):