Extra Lengths 4u Terms & Conditions
1.0 Making a Purchase of our Products
1.1 By making a request/order you are offering to purchase a product, which we will accept to sell to you on the following Terms and Conditions. All requests are subject to availability and confirmation of the order price by us. Dispatch times may vary according to availability and any guarantees warranties or representations made as to delivery times are limited to mainland UK and are on the basis that we are not responsible for any delay in delivery occurring due to postal delays or force majeure. Extra Lengths 4u is absolutely entitled to refuse any request made by you. When making a request you undertake that all details you provide to us requesting goods or services or bids made at auction are true and accurate, that you are an authorised user of the credit or debit card used to make your request or bid and that there are sufficient funds to cover the cost of the goods, services or bid. It is your responsibility to inform us of any changes to these details as soon as possible. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
2. YOUR ORDER
2.1 Each order placed by you with us shall be an offer by you to us to buy products or packages subject to these and the website terms and conditions.
2.2 No order you place shall be deemed to be accepted by us until we have received payment from you and issued confirmation of the order.
2.3 You must ensure that the terms of your order, including the address for delivery, are complete and accurate.
2.4 All quotations and advertisements for products or packages given on this website are given on the basis that no contract for sale shall come into existence between us and you until we have received payment from you and issued acknowledgement of your order. Any quotations or advertisements for products given on this website may be altered or withdrawn by us at any time.
2.5 We shall endeavour that all orders are met within the time period estimated. Packages are dispatched within 24 hours of your order being confirmed and are normally delivered within 1-5 days within UK mainland. We shall not be held responsible for any delays encountered by the delivery courier nor should you not be at home to receive your order nor collect from the courier within the designated timescale.
2.6 Once an order has been placed by you and accepted by us you have up to 5 working days to cancel the order in writing and post to us by a Signed for delivery method or send an email to the customer services.
3. PRICE AND PAYMENT
3.1 Unless otherwise agreed between you and us, the price for the products or packages shall be the price advertised on the website as published on the date of the order.
3.2 The prices of the goods are those specified on Extra Lengths 4u Web site. The price, as displayed, is inclusive of VAT (at the standard UK rate). There will be an additional charge except for delivery. Orders are subject to availability. In the unlikely event that the goods are unavailable, the customer will be notified by Email. Price and availability information is subject to change without notice.
.3.3 Payment for the price of the products or packages shall be due in pounds sterling at the time of the order.
3.4 Time of payment shall be of the essence and no payment shall be deemed to be received by us until it has been received in full and cleared funds.
LIMITATION OF LIABILITY
1. These provisions are without prejudice to the other provisions contained in these terms and conditions.
2. All times given for delivery, restocking etc. are estimates only and we shall not be liable for any damages, costs, losses (including without limitation pure economic loss, loss of profit, loss of business, interruptions to business, depletion of goodwill or reputation, and/or loss of commission), claims or liabilities, whether direct, indirect or consequential, incurred by you due to any delay by us, including if such delay was caused by our negligence.
3. Nothing in this agreement shall limit our liability for death or personal injury caused by our negligence or for any matter for which it would be illegal for us to attempt to exclude our liability or for fraud or fraudulent misrepresentation.
4. Without prejudice to the other provisions of this agreement, our total liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise, arising in the performance or contemplated performance of this Agreement shall be limited to the price of the products in any single order, if such liability is in relation to the products, or to the price paid for the subscription, if such liability is in relation to the services.
5. We shall not be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or reputation, or similar loss in each case whether direct, indirect or consequential, or for any claims for consequential compensation whatsoever (howsoever caused) which arise under or in connection with this agreement.
GENERAL
Access to and use of this Web site and the products and search services available through this Web site (collectively, the 'Services') are subject to the following terms, conditions and notices (the 'Terms of Service'). By using the Services, you are agreeing to all of these terms, conditions and notices, without modification. Furthermore, you acknowledge that we may update the Terms of Service from time to time.
1.WAIVER
1.1 If you breach any provision of these terms and conditions or the terms of use of the website and we ignore this, we shall still be entitled to use our rights and remedies at a later date or in any other situation where you breach any provision of these terms and conditions.
2.ASSIGNMENT
2.1 We may transfer and/or assign our rights or obligations under these terms and conditions at any time. This will not affect your rights and/or obligations under the terms and conditions. You are not permitted to transfer your rights or obligations under these terms and conditions to any other person.
3.NOTICES
3.1 All notices shall be given to us by post to Extra Lengths 4u 83 Marguerites Way, St Fagans , Cardiff CF5 4QW or by email
3.2 All notices to you from us shall be delivered by email to the registration address.
4.INVALIDITY
4.1 If any provision of these terms and conditions is found by any court, tribunal or administrative body of competent jurisdiction, to be wholly or partially illegal, invalid, void, avoidable or unenforceable it shall, to such extent, be deemed to be severable and the remaining provisions of the terms and conditions and the remainder of the provision shall continue in full force and effect.
5.VARIATION
5.1 We reserve the right to unilaterally vary these terms and conditions from time to time. You should regularly check and read the terms and conditions for any updates and/or amendments. If you do not agree to any of the updates or amendments at any time you should cease to use the services.
6.THIRD PARTY RIGHTS
6.1 We and you do not intend that any provision in the terms and conditions shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not party to these terms and conditions.
7.ENTIRE AGREEMENT
7.1 These terms and conditions (as amended from time to time), together with the terms and conditions of use of the website (as amended from time to time) and the privacy policy (as amended from time to time), constitute the entire agreement between you and us. You should regularly check the terms and conditions of use of the website and the privacy policy for any updates and/or amendments.
8.PROHIBITIONS
8.1 You will not commit or encourage a criminal offence; send or receive any material which is in any way offensive or obscene, or in breach of confidence, copyright, privacy or any other rights; act contrary to the acceptable use policies of any Linked Sites or community standards generally; transmit or distribute a virus; hack into any aspect of the Service; corrupt data; cause annoyance to other Users; infringe upon the rights of any other person's trademarks or other proprietary rights; send any unsolicited advertising or other promotional material, commonly referred to as 'spam'; or attempt to affect the performance or functionality of any computer facilities of or accessed through the Extra Lengths 4u Website. We aim to treat all of our customers with respect and will not tolerate any threatening, abusive or bullying material sent by email or committed by telephone. Should such matters arise, we have the legal right to take this matter to the police in accordance with these terms & conditions.
9.SUBMISSION
9.1 All information and material submitted by you to Extra Lengths 4u or that you publish on any public area of the Extra Lengths 4u Website shall be provided by the submitter and accepted by Extra Lengths 4u on a non-confidential basis. Furthermore, Extra Lengths 4u shall be granted a perpetual royalty-free non-exclusive license in the copyright of any material submitted and Extra Lengths 4u shall be free to use, edit, copy, republish and distribute (for any purpose) and authorise others to do the same, any such information or material and any ideas contained in such information or material.
10. TERMINATION
10.1 Extra Lengths 4u may at any time terminate or suspend any part of the Service without notice to you.
11.INDEMNITY
11.1 You agree to indemnify, defend and hold harmless Extra Lengths 4u, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the Extra Lengths 4u services, your breach of the Terms of Service, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
12. INTELLECTUAL PROPERTY
12.1 The intellectual property rights in all software made available and content supplied to you remains the property of Extra lengths 4u, its licensors, advertisers or content suppliers. You will comply with the terms of any agreement required by the owner of intellectual property rights in all software and content supplied to you as notified to you and you hereby acknowledge that all software that is not made readily available to you is confidential, and that all other rights including but not limited to database rights and copyright are asserted and reserved by Extra Lengths 4u, its licensors, advertisers or content suppliers. You may store, manipulate, analyse, reformat, print and display the content supplied solely for your own personal use. In no event are you permitted to publish, distribute or otherwise reproduce in any format any of the content or copies of the content supplied to you or which appears on the Extra Lengths 4u site and you are prohibited from using any such content in connection with any business or commercial enterprise including, without limitation, any media business or enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble (except to the extent that applicable laws expressly or impliedly prohibit such restriction) or create derivative works based on any software or any documentation accompanying such software supplied by Extra Lengths 4u, its licensors, advertisers or content suppliers. Extra Lengths 4u and extralengths4u.com/.co.uk are trademarks belonging to Extra Lengths 4u. No license or consent is granted to you to use these marks in any way, Extra Lengths 4u reserves all rights in these and any related marks. You agree not to use these marks or any marks, which are colourably similar without the written permission of Extra Lengths 4u.
13.GOVERNING LAW AND JURISDICTION
13.1 We shall endeavour to resolve any disagreements between us and you quickly and efficiently. The agreement between you and us shall be governed by the laws of England and Wales and you and we shall both submit to the exclusive jurisdiction of the courts of England and Wales
