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Welcome to the SPOILT AND GORGEOUS SITE Terms And Conditions
For Use. These terms and conditions apply to the use of this website at
www.spoiltandgorgeous.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.spoiltandgorgeous.co.uk website is operated by:
Mrs Christine Highwood trading as Spoilt & Gorgeous.
We are not registered for VAT.
Our contact details are as follows:
Trading address:
145 Bentley Road,
Ashford,
Kent,
United Kingdom,
TN24 0HS.
General email: enquries@spoiltandgorgeous.co.uk
Telephone number: +44 (0) 1233 663864
Fax number +44 (0) 1233 639581
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may be superseded by expressly designated legal notices or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 Our prices do not include VAT as we are not registered for VAT.
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 under Section 4. DELIVERY
CHARGES.
3.3 Our prices are reviewed periodically and the next review will be
on 04/01/2009.
4. DELIVERY CHARGES
Please allow 7 working days for delivery to the UK and up to 10
working days for delivery to the rest of the world. For the UK
Highlands and Islands or the Channel Islands or any countries not
listed at the checkout, please do not place an order over the
website but contact us directly on
customerservices@spoiltandgorgeous.co.uk or telephone on
+44 (0) 1233 663864 to place an order directly.
4.1 For UK Customers:
Goods will be sent by First Class Post or Royal Mail Standard
Parcel and will be charged based on weight at £2.50 up to 1Kg
and £5.00 Between 1Kg and 2Kg.
Delicate items i.e. vases etc, larger and heavier items i.e. wall
art, will be sent via courier at a charge of £8.00. Where this
service is applicable you will see the image of the Royal Coach.

Should you purchase more than one item, the postage applicable
will be a one off charge for the highest postal amount. For
example if you purchased a necklace and a metal wall art in one
order, your postage will be £8.00 to cover the courier charge.
The maximum postal charge for within the UK is £8.00.
4.2 For European Customers:
Goods will be sent by Air Mail International Signed for
charged based on weight £5.00 up to 1Kg and £10.00 between
1Kg and 2 Kg.
Delicate items i.e. vases etc, or larger items i.e. wall art, will be
sent via courier at a charge of £16.00. Where this service is
applicable you will see the image of the Royal Coach.

Should you purchase more than one item, the postage applicable
will be a one off charge for the highest postal amount. For
example if you purchased a necklace and a metal wall art in one
order, your postage will be £16.00 to cover the courier charge.
The maximum postal charge for Europe is £16.00.
4.3 For The Rest of the World Zone 1 Customers:
Goods will be sent by Airmail Small Packet charged based on
weight £6.50 up to 1Kg, and between 1Kg and 2Kg £12.00.
Delicate items i.e. vases etc, or larger items i.e. wall art, will be
sent via courier at a charge of £40.00. Where this service is
applicable you will see the image of the Royal Coach.
.
Should you purchase more than one item, the postage applicable
will be a one off charge for the highest postal amount. For
example if you purchased a necklace and a metal wall art in one
order, your postage will be £40.00 to cover the courier charge.
The maximum postal charge for Rest of World Zone 1 is £40.00.
4.4 Rest of the World Zone 2 Customers:
Due to shipping costs, if your country is not listed at the checkout
please email us customerservices@spoiltandgorgeous.co.uk
or telephone us on + 44 (0) 1233 663864 to place an order and
discuss shipping prices.
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
trademark 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 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 (see Home Page) 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 Spoilt & Gorgeous 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 Spoilt & Gorgeous 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.spoiltandgorgeous.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.
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