WEBSITE TERMS AND CONDITIONS WELCOME TO THE The Big
Clean WEBSITE TERMS AND CONDITIONS FOR USE. THESE TERMS AND CONDITIONS
APPLY TO THE USE OF THIS WEBSITE AT WWW.THEBIGCLEAN.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.THEBIGCLEAN.CO.UK website is operated by: The Big Clean Ltd, a
company registered in England and Wales. Our company
registration number is 05916035. We are registered for VAT. Our contact
details are as follows: Trading address: 100 Ewell By-Pass (15 Castle Parade), Epsom, Surrey, United Kingdom. General email:
ADMIN@THEBIGCLEAN.CO.UK Telephone number:0208 3934778 or 0800 0113 849 Fax number
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Certain provisions of these terms and conditions may be superseded by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 Unless indicated prices exclude VAT which will be calculated at the checkout point.
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 elsewhere on this Website.
3.3 Our prices are reviewed periodically and the next review will be on 01/12/2008.
4. CANCELLATION AND RETURNS POLICY
4.1
If you wish to cancel your order: (a) you can notify us by email to
CUSTOMERSERVICE@THEBIGCLEAN.CO.UK before we have dispatched the goods
to you; or (b) where goods have already been dispatched to you, by
returning goods to us in accordance with clause 4.2 below.
4.2
You can return goods you have ordered from us for any reason at any
time within 14 days of receipt for a full refund or exchange. The costs
of returning goods to us shall be borne by you.
4.3 Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required.
4.4
The rights to return the goods to us as referred to in clause 4.3 will
not apply in the following circumstances: - in the event that the
product has been used to any products that we have made or customised
specifically for you The provisions of this clause 4.4 do not affect
your statutory rights.
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 trade mark 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 in 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,
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
The Big Clean 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
The Big Clean 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.THEBIGCLEAN.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.
We offer a 7-day money back guarantee on ALL domestic equipment. If you are
not entirely satisfied simply return the goods to us in their original condition
(with a copy of your invoice) for an immediate full refund. N.B This does
not apply to larger industrial equipment which may be subject to a restocking
fee.
There may be a restocking charge for returned machines and we
reserve the right where applicable to issue store credit instead of a
refund.
