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TERMS
AND CONDITIONS
WELCOME TO THE JAGUATATTOO WEBSITE TERMS AND CONDITIONS FOR USE.
THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT www.jaguatattoo.com
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.
Our contact details are as follows:
Address: Jagua
95 Jeals Lane Sandown isle of wight PO36 9NS United Kingdom
Phone No: 01983 401990 (answer phone)
Please note that if you wish to contact us with an enquiry it will be responded to much faster by email:
info@jaguatattoo.co.uk
1. INTRODUCTION
1.1 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superseded by expressly designated legal notices or terms located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 All prices include VAT (where applicable) at the current rates.
We reserve the right to express the price exclusive of VAT, but
we shall show VAT separately and include it in the total price.
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 16/12/2011.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order: (a) you can notify us by email
to sales@jaguatattoo.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 16 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 usedThe 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 endeavor 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 licence’s 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 website’s 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 website’s
and do not control and are not responsible for these website’s
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 website’s 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 Jagua logo (Jaguatattoo); (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 Jagua (Jaguatattoo) 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. DISCLAIMER
9.1 While we endeavor 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.
9.2 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.
10. LIABILITY
10.1 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 website's linked to this Website or the material on such website's,
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 website's
linked to this Website.
10.2 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.
10.3 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.
10.4 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.
11. GOVERNING LAW AND JURISDICTION
11.1 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.
11.2 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.
12. MISCELLANEOUS
12.1 You may not assign, sub-license or otherwise transfer any of
your rights under these terms and conditions.
12.2 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.
12.3 Only the parties to these terms and conditions may seek to
enforce them under the Contracts (Rights of Third Parties) Act 1999.
PRIVACY
POLICY
Jagua tattoo is committed to preserving the privacy of all visitors
to our website at www.jaguatattoo.com. Please read the following
privacy policy to understand how we use and protect the information
that you provide to us.
By placing an order on this website, you consent to the collection,
use and transfer of your information under the terms of this policy.
INFORMATION THAT WE COLLECT FROM YOU
When you visit, or order products or services on www.jaguatattoo.com
you may be asked to provide certain information about yourself including
your name, contact details and credit or debit card information.
We may also collect information about your usage of our website
as well as information about you from messages you post to the website
and e-mails or letters you send to us.
To maintain customer service standards and to assist staff training,
we may record and monitor incoming calls.
USE OF YOUR INFORMATION
Your information will enable us to provide you with access to all
parts of our website and to supply the goods or services you have
requested. It will also enable us to bill you and to contact you
where necessary concerning your orders. We will also use and analyse
the information we collect so that we can administer, support, improve
and develop our business.
In particular, we may use your information to contact you for your
views on our services and to notify you occasionally about important
changes or developments to the website or our services. Further,
where you have consented, we might also use your information to
let you know by email about other products and services which we
offer which may be of interest to you. If you change your mind about
being contacted in the future, please let us know.
DISCLOSURE OF YOUR INFORMATION
The information you provide to us may be accessed by or given to
third parties some of whom may be located outside the European Economic
Area who act for us for the purposes set out in this policy or for
other purposes approved by you. Those parties process information,
fulfil and deliver orders, process credit card payments and provide
support services on our behalf. We may also pass aggregate information
on the usage of our website to third parties but this will not include
information that can be used to identify you.
Where you have consented when providing us with your details, we
may also allow other companies in our group, to contact you occasionally
about products and services which may be of interest to you. They
may contact you by e-mail. If you change your mind about being contacted
by these companies in the future, please let us know at info@jaguatattoo.co.uk
Finally, if our business enters into a joint venture with or is
sold to or merged with another business entity, your information
may be disclosed to our new business partners or owners.
Countries outside the European Economic Area do not always have
strong data protection laws. However, we will always take steps
to ensure that your information is used by third parties in accordance
with this policy.
Unless required to do so by law, we will not otherwise share, sell
or distribute any of the information you provide to us without your
consent.
COOKIES
Cookies are small amounts of information which we may store on your
computer.
Unless you have indicated your objection when disclosing your details
to us, our system will issue cookies to your computer when you log
on to the site. Cookies make it easier for you to log on to and
use the site during future visits. They also allow us to monitor
website traffic and to personalise the content of the site for you.
You may set up your computer to reject cookies by following the
relevant instructions which can be found at www.aboutcookies.org
In that case, you may not be able to use certain features on our
site. If you do not wish to receive cookies in the future, please
let us know at info@jaguatattoo.co.uk.
SECURITY AND DATA RETENTION
We employ security measures to protect your information from access
by unauthorised persons and against unlawful processing, accidental
loss, destruction and damage. We will retain your information for
a reasonable period or as long as the law requires.
ACCESSING AND UPDATING
You are entitled to see the information held about you and you may
ask us to make any necessary changes to ensure that it is accurate
and kept up to date. If you wish to do this, please contact us at
info@jaguatattoo.co.uk. We are entitled by law to charge a fee of
£10 to meet our costs in providing you with details of the
information we hold about you.
CHANGES TO OUR PRIVACY POLICY
Any changes to our privacy policy in the future will be posted to
the website and, where appropriate, through e-mail notification.
CONTACT
All comments, queries and requests relating to our use of your information
are welcomed and should be addressed to info@jaguatattoo.co.uk.
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