Back To Rights - Terms and Conditions

Back To Rights – Terms and Conditions

TERMS AND CONDITIONS

Last Updated: 7 August 2011

Background

These Terms and Conditions govern your use of the Back To Rights site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Content” means any text, graphics, images, audio, video, software, data compilations and any

other form of information capable of being stored in a computer that appears on or forms part of

this Web Site;

“Goods” means any products that Back To Rights advertises and / or makes available for sale

through this Web Site;

“Back To Rights” means Back To Rights, which is a trading name for Neil Lawson of 6 Kent Close,

Attleborough, Norfolk, NR17 2HP, UK;

“Service” means collectively any facilities, tools, services or information that Back To Rights

makes available through the Web Site either now or in the future;

“Payment Information” means any details required for the purchase of Goods from this Web Site.

This includes, but is not limited to, email addresses, credit / debit card numbers, bank account

numbers and sort codes;

“Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or

similar that may be in hard copy or electronic form;

“Premises” Means our place(s) of business. The main place of business is 6 Kent Close,

Attleborough, Norfolk NR17 2HP, UK, although from time to time services may be offered from other

locations.

“System” means any online communications infrastructure that Back To Rights makes available

through the Web Site either now or in the future. This includes, but is not limited to, web-based

email, message boards, live chat facilities and email links;

“User” / “Users” means any third party that accesses the Web Site and is not employed by Back To

Rights and acting in the course of their employment; and

"Clients" means any third parties who accept or use any of the Content, Goods or Services offered

or promoted by BTR;

“Web Site” means the website that you are currently using and any sub-domains of this site (eg

subdomain.domain.com) unless expressly excluded by their own terms and conditions.

2. Age Restrictions

Persons under the age of 18 should use this Web Site only with the supervision of an Adult.

Payment Information must be provided by or with the permission of an Adult.

3. Business Customers

These Terms and Conditions also apply to customers buying Goods in the course of business.

7. Links to Other Web Sites

This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Back To Rights or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

8. Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site without prior permission. Deep linking (ie links to specific pages within the site) requires the express permission of Back To Rights . To find out more please contact us by email at enquiries @ backtorights.com or by mail to Back To Rights, 6 Kent Close, Attleborough, Norfolk, NR17 2HP, UK.

9. Use of Communications Facilities

9.1 When using the enquiry form or any other System on the Web Site you should do so in accordance

with the following rules:

1. You must not use obscene or vulgar language;

2. You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

3. You must not submit Content that is intended to promote or incite violence;

4. It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;

5. The means by which you identify yourself must not violate these terms of use or any applicable laws;

You must not impersonate other people, particularly employees and representatives of Back To

Rights or our affiliates; and

6. You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

9.2 You acknowledge that Back To Rights reserves the right to monitor any and all communications made to us or using our System.

10. Accounts

10.1 In order to purchase Goods on this Web Site and to use any forums, blogs or chat facilities you maybe required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:

1. all information you submit is accurate and truthful;

2. you have permission to submit Payment Information where permission may be required; and

3. you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

10.2 It is recommended that you do not share your Account details, particularly your username and password. Back To Rights accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

10.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Back To Rights immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Back To Rights accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.

10.4 When choosing your username you are required to adhere to the terms set out above in Clause

9. Any failure to do so could result in the suspension and/or deletion of your Account.

11. Termination and Cancellation

1. Either Back To Rights or you may terminate your Account. If Back To Rights terminates your Account, you will be notified by email and an explanation for the termination will be provided.

Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

2. If Back To Rights terminates your Account, any current or pending purchases on your Account

will be cancelled and will not be dispatched.

3. Back To Rights reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.

4. If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.

5. If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.

12. Goods, Pricing and Availability

1. Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Back To Rights correspond to the actual Goods, Back To Rights is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 14.1 for incorrect Goods.

2. All pricing information on the Web Site is correct at the time of going online. Back To Rights reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated regularly.

3. Some prices of services, products or offers may be restricted to a location from which those

services, products or offers are to be provided.

4. All prices on the Web Site exclude VAT unless specifically stated.

13. Ordering and Delivery

1. Back To Rights will notify you by way of email when purchase of your services is completed. If Back To Rights receives no communication from you, within 30 days of ordering, regarding any problems with the Services or Goods, you are deemed to have received and accepted the Services or Goods with no problems.

14. Returns Policy and Cancellations

Back To Rights aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.

1. If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 10 days to arrange collection and return.

2. Back To Rights is not responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.

3. If any Goods you have purchased have faults when they are delivered to you, you should contact Back To Rights within 28 days to arrange collection and return. Back To Rights is not responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

4. If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.

5. If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to Back To Rights within 10 days and arrange collection and return. Back To Rights is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

6. If the Goods have been dispatched or have reached you, but you have changed your mind, please return them to Back To Rights within 10 days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of Back To Rights. You are responsible for paying shipment costs if Goods are returned for this reason.

7. If you wish to return Goods to Back To Rights for any of the above reasons, please contact us using the contact details on this website to make the appropriate arrangements.

8. Back To Rights reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

1. Any use or enjoyment that you may have already had out of the Goods;

2. Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;

3. The fact that the Goods consist of audio or video recordings or computer software and that the

packaging has been opened;

4. Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.

Such discretion to be exercised only within the confines of the law.

9.1 Following the payment for Services through this website, Back To Rights will exercise discretion with respect to any cancellations of appointments or claims for returns of Vouchers. Generally, if appointments are cancelled with more than 24 hours notice, a full refund will be offered, less any charges levied by the payment processing system through which the payment may have been made.

9.2 A gift certificate or voucher that was purchased via this site will not normally be refunded, but may be transferred to another client by the purchaser.

15. Privacy

Use of the Web Site is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference.

16. Disclaimers

1. Back To Rights makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

2. No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind. In particular, Back To Rights and Neil Lawson are not qualified to make medical diagnosis and any advice offered should be checked with a qualified medical practitioner.

3. No part of this Web Site is intended to constitute a contractual offer capable of acceptance.

17. Changes to the Service and these Terms and Conditions

Back To Rights reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If Back To Rights is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

18. Availability of the Web Site

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Back To Rights accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

19. Limitation of Liability

1. To the maximum extent permitted by law, Back To Rights accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

2. Nothing in these Terms and Conditions excludes or restricts Back To Right’s liability for death or personal injury resulting from any negligence or fraud on the part of Back To Rights.

3. Nothing in these Terms and Conditions excludes or restricts Back To Right’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.

4. Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

20. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

21. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

22. Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to enquiries @ BackToRights.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

23. Law and Jurisdiction

These terms and conditions and the relationship between you and Back To Rights shall be governed

by and construed in accordance with the Law of England and Wales and Back To Rights and you agree

to submit to the exclusive jurisdiction of the Courts of England and Wales.

Back To Rights, 6 Kent Close, Attleborough, Norfolk, NR17 2HP, UK +44(0)7836 545 382