2 Our
contract with you
2.1 These terms and conditions
apply:
2.1.1 so far as the
context allows, to you as a visitor to Our Web Site; and
2.1.2 in any event to
you as a buyer or prospective buyer of our Goods and Services
2.2 Goods and Services
advertised may not be available.
2.3 We accept your order
when we dispatch it to you. That is when our contract is made.
2.4 We may change these
terms from time to time. The terms that apply to you are those posted
here on Our Web Site on the day you order Goods and Services. It may
be useful to print a copy now.
2.5 Where we provide
a service without specific charge, then it is deemed to be provided
free of charge, and not to be associated with any other service for
which a charge is made. Accordingly, there is no contractual nor other
obligation upon us in respect of any such service.
3 Price and Payment
3.1 The price charged
for any service may differ from one country to another. You may not
be entitled to the lowest price unless you reside in the qualifying
country.
3.2 Prices are inclusive
of any applicable value added tax or other sales tax.
3.3 Banking charges by
the receiving bank on payments to us will be borne by us. All other
charges relating to payment in a currency other than pounds Sterling
will be borne by you.
3.4 Any details given
by us in relation to exchange rates are approximate only and may vary
from time to time.
3.5 You will pay all
sums due to us under these terms by the means specified without any
set-off, deduction or counterclaim.
4 Information you give us
You agree that you have
provided, and will continue to provide accurate, up to date, and complete
information about yourself. We need this information to provide you
with the Goods and Services.
5 Disclaimers
5.1 We, or our Content
suppliers may make improvements or changes to Our Web Site, the Content,
or to any of the Goods and Services, at any time and without advance
notice.
5.2 You are advised that
Content may include technical inaccuracies or typographical errors.
5.3 We give no warranty
and make no representation, express or implied, as to:
5.3.1 the adequacy or
appropriateness of the Goods and Services for your purpose.
5.3.2 the truth of any
information given on Our Web Site;
5.3.3 any implied warranty
or condition as to merchantability or fitness of the Goods and Services
for a particular purpose;
5.3.4 compatibility of
Our Web Site with your equipment software or telecommunications connection.
5.3.5 compliance with
any law;
5.3.6 non-infringement
of any right.
5.4 Our Web Site contains
links to other Internet web sites. We have neither power nor control
over any such web site. You acknowledge and agree that we shall not
be liable in any way for the Content of any such linked web site, nor
for any loss or damage arising from your use of any such web site.
5.5 We are not liable
in any circumstances for special, indirect or consequential damages
or any damages whatsoever resulting from loss of use, loss of data or
loss of revenues or profits, whether in an action of contract, negligence
or otherwise, arising out of or in connection with your use of Our Web
Site.
6 Content and Intellectual Property
Rights
6.1 Title, ownership
rights, and intellectual property rights in the Content whether provided
by us or by any other Content provider shall remain the sole property
of us and / or the other Content provider. We will strongly protect
its rights in all countries.
6.2 You may not copy,
modify, publish, transmit, transfer or sell, reproduce, create derivative
works from, distribute, perform, display, or in any way exploit any
of the Content, in whole or in part, except as is expressly permitted
in this agreement.
6.3 You may download
or copy the Content only for your own personal use, provided that you
maintain all copyright and other notices contained in such Content.
You may not store electronically any significant portion of any Content.
7 System Security
7.1 You agree that you
will not, and will not allow any other person to, violate or attempt
to violate any aspect of the security of the Installation;
7.2 you agree that you
will in no way modify, reverse engineer, disassemble, decompile, copy,
or cause damage or unintended effect to any portion of Our Web Site,
or any software used on Our Web Site, and that you will not permit any
other person to do so.
7.3 You understand that
any such violation is unlawful in many jurisdictions and that any contravention
of law may result in criminal prosecution.
7.4 Examples of violations
are:
7.4.1 accessing data
unlawfully or without consent;
7.4.2 attempting to probe,
scan or test the vulnerability of a system or network or to breach security
or authentication measures;
7.4.3 attempting to interfere
with service to any user, host or network, including, without limitation,
via means of overloading, "flooding", "mail bombing"
or "crashing";
7.4.4 forging any TCP/IP
packet header or any part of the header information in any e-mail or
newsgroup posting;
7.4.5 taking any action
in order to obtain services to which you are not entitled.
7.5 You agree to indemnify
us against any claim or demand, including reasonable lawyers’
fees, made by any third party due to or arising out of:
7.5.1 any violation of
system security as set out above;
7.5.2 your use of Our
Web Site;
7.5.3 any other breach
or violation of this agreement by you;
7.5.4 the infringement
by you, or by any other user of the services using your computer, of
any intellectual property or other right of any person or entity, or
as a result of any threatening, libelous, obscene, harassing or offensive
material contained in any of your communications.
8 Indemnity
You agree to indemnify
us against any claim or demand, including reasonable lawyers’
fees, made by any third party due to or arising in any way out of your
use of Our Web Site, or the infringement by you, or by any other person
using your computer, of any intellectual property or other right of
any person.
9 Contractual Limitation
Where we provide goods
or services without specific charge, then it (or they) is deemed to
be provided free of charge, and not to be associated with any other
service for which a charge is made. Accordingly, there is no contractual
nor other obligation upon us in respect of any such goods or services.
10 Severability
If any of these terms
is at any time held by any jurisdiction to be void, invalid or unenforceable,
then it shall be treated as changed or reduced, only to the extent minimally
necessary to bring it within the laws of that jurisdiction and to prevent
it from being void and it shall be binding in that changed or reduced
form. Subject to that, each provision shall be interpreted as severable
and shall not in any way affect any other of these terms.
11 No Waiver
No waiver by us, in exercising
any right, power or provision hereunder shall operate as a waiver of
any other right or of that same right at a future time; nor shall any
delay in exercise of any power or right be interpreted as a waiver.
12 Dispute Resolution
In the event of a dispute
arising out of or in connection with these terms or any contract between
you and us, then you agree to attempt to settle the dispute by engaging
in good faith with us in a process of mediation before commencing arbitration
or litigation.
13 Governing Law
This Agreement shall
be governed by and construed in accordance with the law of England.
This agreement shall not be governed by the United Nations Convention
on Contracts for the International Sale of Goods, the application of
which is hereby expressly excluded.
14 Force majeure
We are not liable for
any breach of our obligations resulting from causes beyond our reasonable
control including strikes of our own employees.
This Website is
owned and operated by:
Erotique Boutique
P.O. Box 514
Aylesbury
HP22 4XN
Tel/Fax: 01296 640811
Email: ccamarketing@fsmail.net
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