Spiralyne Ltd Terms and Conditions
Welcome to the spiralyne.co.uk website’s (the “Website”) Terms and Conditions. Please read the following Terms and Conditions before using this Website. By visiting this Website you irrevocably agree to accept and be bound by these Terms and Conditions. If you do not agree to be bound by these terms and conditions you may not use or access this Website.
References in these Terms and Conditions to “we”, “our” and “us”are references to Spiralyne. References to “you”, “your” or “yours” are references to users of the Website. The language of these Terms and Conditions shall be in English.
We reserve the right, at our sole discretion, to change these Terms and Conditions at any time by posting revised terms on the Website. You should revisit these Terms and Conditions to review any changes. Your continued use of this Website after any such changes constitutes your acceptance and agreement to all such Terms and Conditions. Any such changes shall be effective immediately.
If any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Clause headings are for convenience only.
Any failure or delay by us in enforcing (in whole or in part) any provision of these Terms and Conditions shall not be interpreted as a waiver of our rights or remedies.
You may not transfer any of your rights or obligations under these Terms and Conditions without our prior written consent. We may transfer any of our rights or obligations under these Terms to any of our affiliates or any third party at our discretion. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
We reserve the right to refuse to supply goods to any person for any reason whatsoever, to withdraw any goods from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you for withdrawing any goods from this Website regardless of whether or not such goods have been sold; removing or editing content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
The information on the Website has been provided in good faith for informational purposes only and should not be relied upon. We have made every reasonable effort to ensure the information on the Website is accurate at the time of inclusion. Any material supplied by third parties (“content providers”), do not represent the views of Spiralyne and is provided for informational purposes only.
3. Your Information:
4. Registration and purchase of goods:
You do not have to register to explore the Website or to purchase goods or services through it, but registering and creating an account with us will allow you to fully enjoy the Website. We reserve the right to request additional evidence or proof of billing information where we think this is necessary. You warrant that all information you provide to us at any time is true, accurate and complete.
By placing an order through this Website you warrant that you are at least eighteen (18) years old and that you are capable of entering into legally binding contracts.
We will only deliver goods to addresses within the United Kingdom.
5. Use of this Website:
We grant you a limited, revocable, and non-exclusive use and access of the Website only for your own personal and non-commercial use. You may access, copy, download and print the Website Content for your personal and non-commercial use, provided you do not modify or delete any copyright, trade mark or other proprietary notice that appears on the Website Content. Any other use, except as provided in these Terms and Conditions, is strictly prohibited. Any downloads or uploads of materials from or to this Website are done so at your own risk.
You may not collect account information or the content information for the benefit of another party. Furthermore, you may not use any meta tags or any other ‘hidden text’ utilising our name or the Trade Marks without our express written consent and you agree not to interrupt or attempt to interrupt the operation of the Website in any way including any hardware or software, such as; software robots, spiders, crawlers or similar data gathering and extraction tools or take any other action that may or is intended to damage or interfere with the proper working of the Website, or to intercept any data transmitted via the Website.
Any unauthorised use by you of the Website shall terminate your use and access to the Website without prejudice to any other remedy provided by applicable law. You may not frame or utilise framing techniques to enclose this Website or any portion of it without our prior written consent. Termination or limitation of your use and access shall not waive or affect any other right or relief to which Spiralyne may be entitled, at law or in equity.
6. Your Account:
We have made every reasonable effort to ensure that all details, descriptions and colours that appear on the Website are correct. However, because computer monitors vary, we cannot guarantee that products will look exactly as displayed on the Website.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from your claims to any rights in any Submission. You must not submit anything that is or can be deemed to be indecent, offensive and/or illegal.
10. Intellectual Property:
All content on this Website, including, but not limited to, text, images, graphics, logos, icons, audio clips, downloads, code, software, firmware, rich media, promotional content, user interfaces, visual interfaces, photographs, music, arrangements, and any compilation thereof (the “Website Content”) is the property of or licenced by Spiralyne, our affiliates, our partners, content providers or our licensors, and is protected by copyright, trade mark and other UK and international applicable laws.
The trade marks, logos, service marks and trade name displayed on the Website (the “Trade Marks”) are the registered and/or unregistered marks of Spiralyne, our affiliates, our partners, their respective licensors or content providers or other third parties. All of these Trade Marks are the property of their respective owners.
Except as otherwise provided in the Terms and Conditions or as required by law, neither the Content, the Trade Marks nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, imitated or otherwise exploited, in full or in part, without our prior written consent. Spiralyne and our affiliates, licensors and our content providers reserve all rights not expressly granted in and to this Website and the Trade Marks.
Full payment is required before an order can be dispatched to you. We accept major credit cards and Visa and MasterCard branded debits cards for payment, we may also acceptGift cards and gift certificates, if applicable.
In the event that the monies owed from you for your order cannot be debited or charged for whatever reason, your order will be cancelled.
By making an offer to purchase goods through our Website, you authorise us to perform credit and anti-fraud checks on you and the payment mechanism that you have provided. These checks may be required, amongst other things, to authenticate your identity, to validate your credit or debit card, to obtain an initial credit or debit card authorisation and/or to authorise individual purchases. You authorise us to disclose information provided by you, including personal information, to third parties such as banks and the providers of credit reports for the purposes of these checks, and acknowledge that such parties may keep a record of that information. You further agree and acknowledge that we may make the information we receive from such checks available to third parties including fraud prevention and credit reference agencies. We reserve the right to put in place additional payment security systems from time to time.
For your safety, we do not store your credit or debit card information. Credit and debit card transactions are concluded on HSBC (UK) Bank’s website for added security and comfort. Your credit and debit card information is not shared by HSBC (UK) Bank with us. For added security, the billing address you provide must exactly match the address on file at your debit or credit card. The processing of your order may be delayed if these addresses are different.
We may prosecute to the fullest extent of the law any fraudulent activities relating to any attempt to reverse or seek a refund of a valid charge for an order that has been properly fulfilled and delivered to you and is not subject to a right of return.
Your use and any purchases you make through this Website shall constitute a legal agreement and is a declaration that you are able to enter into contracts. To purchase goods from this Website, you must add it to your Shopping Bag and purchase the goods by proceeding to the Checkout section of the Website and submitting the required information where necessary. You will have an opportunity to review your order, check the total price of your order and the information you have submitted and correct any input errors before confirming your purchase. Finally, you will have to confirm that you have read and agree with these Terms and Conditions.
When you have submitted your order, we will send an e-mail to the e-mail address you have provided acknowledging receipt of your order and setting out details of the ordered good(s). This e-mail does not constitute an acceptance of your order – only a confirmation that we have received it. You are encouraged to download, save or print a copy of your order confirmation.Once we have acknowledged receipt of your order, we will check that we have your good(s) in stock and where applicable, deduct payment from your chosen payment method.
We reserve the right at any time after receipt of your order to accept or decline your order, or any part thereof, in our sole discretion, even after your receipt of an order confirmation or after your chosen payment method has been charged (subject to our refunding the payment to you). You may not purchase any goods from this Website for resale by you or any other person. Goods will only be sold in quantities that are compatible with your own personal use of such goods. We reserve the right to restrict the quantities of any good being ordered by any one person or being delivered to any one address. We shall be entitled to cancel any order placed by you that we believe has been made for the purpose of resale. In such event we reserve the right to refuse or cancel all subsequent orders from you. We also reserve the right to reject orders from any customer with whom we have a legal dispute regarding a prior order. We may cancel any order if we suspect any fraudulent activity and may refuse to process orders from customers with a previous fraudulent order history.
The contract between us will only be concluded when we e-mail you to confirm that the good(s) have been dispatched. The contract for your order will be concluded in the United Kingdom, and the language of the contract will be English. When we e-mail you the confirmation that your good(s) have been despatched we will attach an electronic invoice in respect of your order. Note that we do not issue paper invoices.
13. Delivery and Acceptance:
Once your order has been confirmed, we endeavour to dispatch purchases within two (2) to four (4) working days from confirmation of your order being successfully processed. Stated delivery times are indicative only. Spiralyne does not accept any liability whatsoever for delayed delivery caused by any third party. As soon as you have received the good(s) you will assume all risk in them.
Upon receipt of the goods you must inspect the goods and you will be deemed to have accepted the goods. If you have not received the entire order as detailed in the order confirmation please contact us immediately.
14. Cancellations, Returns and Exchanges:
In the event that an item you have ordered is unavailable, we will inform you of this within seven (7) days of receiving the order. SPIRALYNE arthrospira platensis (spirulina) is a food and therefore cannot be returned unless damaged or faulty. Should any items be damaged or faulty you may return them in their original packaging within 7 days, and you will be issued with either a replacement or a refund.
Risk in the goods will pass to you on delivery to you.
16. Limitation of Liability:
These Terms and Conditionsestablish the extent of our obligations and liabilities in respect of the supply of the goods through the Website.
Any warranty, condition or other term arising out of or in connection with the sale or supply of goods which might otherwise be implied into or incorporated in these Terms and Conditions by statute, common law or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law.
Please note that nothing in these Terms and Conditions affects your statutory rights as a consumer. Nothing in these Terms and Conditions shall exclude Spiralyne’s liability for personal injury or death caused by its negligence.
Neither Spiralyne nor any of its affiliates or content providers will be liable to you for any indirect or consequential loss or damage incurred by you under these Terms of Sale in connection with your purchase of any goods through the Website. Our maximum aggregate liability to you in relation to your purchase of any goods using the Website whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the goods you have purchased.
We shall not be liable to you if we are prevented or delayed in the performance of any of our obligations to you if this is due to any cause beyond our reasonable control including without limitation, act of God, explosion, flood, war and civil disturbance, strike, industrial action or stoppages of work, force majeure, malicious damage, power outage, Internet connection, satellite failure, national emergency, act of government or compliance with any law or governmental order, rule, regulation or direction or default of any of our subcontractors. In no event shall Spiralyne be liable in law or in equity for any damages in excess of twenty pounds Sterling UK (£20).
17. Third Party Links:
This Website may contain links to other webpages or websites (“Linked Sites”). We are not responsible for the content of these Linked Sites or any other Linked Sites linked to or from the Website. These links are provided as a convenience to you. They are not an endorsement by us, our affiliates or our partners of the referenced content, product, service or supplier. Linking to or from any Linked Sites is at your own risk. We have not reviewed the information on those Linked Sites and are not responsible for the content of those or any other websites, or any products or services that may be offered through those or any other websites. Content providers or third party beneficiaries under these Terms and Conditions reserve the right enforce these Terms and Conditions.
Your ability or inability to use this Website is at your sole risk. This Website and its content are provided on an “as-is” and “as-available” basis. The information and content on this Website should not be relied upon. We are not responsible if information and content on this Website is not accurate, complete, current, or shall be error-free or uninterrupted or that any defects will be corrected.
Spiralyne disclaims to the fullest extent permitted by law, all warranties; express or implied, representations, conditions and other terms, including, without limitation; any warranties of accuracy, non-infringement, merchantability, fitness for a particular purpose, that the Website shall be secure or virus-free. You agree that we will not be liable for; access delays or interruptions, interruptions of business, data non-delivery, data corruption and/or destruction or modification, loss or damages incurred from dealings with Linked Sites, any system failure or malfunction from use of this Website and any inaccuracies, omissions, misleading or false or deceptive information in the Website Content.
Spiralyne disclaims any and all liability for acts, omissions and/or conduct of any third parties in connection with or related to your use of this Website and/or any of our services. You assume total responsibility for your use of the Website and any Linked Sites.
19. No Liability:
Spiralyne, our affiliates, and their officers, directors, employees, shareholders and/or any of their/our agents and our content providers, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including; any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts or any loss or damage in business interruption, loss of opportunity, in tort; including negligence, or in contract or otherwise, even if foreseeable) in connection with this Website and/or any information on this Website and any Linked Sites. Your sole and exclusive remedy is to discontinue your use of the Website.
Nothing in these Terms and Conditions shall make or impose any limits or exclusions that cannot be limited or excluded under applicable law.
You agree to defend, indemnify and hold Spiralyne, our affiliates, and their officers, directors, employees and agents harmless for any loss, damages or costs, including reasonable legal fees, resulting from any third party claim, action or demand resulting from your use of the Website. You also agree to indemnify us for any loss, damages or costs including reasonable legal fees resulting from your use of software robots, spiders, crawlers or similar data gathering and extraction tools, or any other action you make that imposes an unreasonable burden or load on our infrastructure.
21. Governing Law:
Your use of this Website and any purchase by you from Spiralyne shall be governed and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
22. Compliance with laws:
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding this Website and any transactions conducted on or through this Website.
23. Corporate Information:
Spiralyne Ltd; company registered in England, company number 7267341.
If you should wish or need to contact us please contact us at:
PO Box 597, DH1 9HB.
E-mail: [email protected]
This Website is operated by Spiralyne. Please use the Contact page for further contact details.
Thank you for visiting www.spiralyne.co.uk
Copyright © 2011 Spiralyne. All rights reserved.
Last Updated: 19/11/2012