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BACKGROUND:
This agreement applies as between you, the
User of this Web Site and Gentworks Limited, the owner(s) of this Web
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:
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“Account”
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means collectively the personal information, Payment
Information and credentials used by Users to access Paid Content and / or any
communications System on the Web Site;
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“Carrier”
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means any third party responsible for
transporting purchased Goods from our Premises to customers;
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“Content”
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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;
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“Goods”
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means any products that Gentworks Limited
advertises and / or makes available
for sale through this Web Site;
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“Gentworks”
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means Gentworks Limited. Trading address: The Barn, Emmington, Oxon
OX39 4AA. Registered address: 3 Acorn Business Centre,
Northarbour
Road, Cosham,
Portsmouth PO6
3TH.
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“Service”
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means collectively any online facilities, tools,
services or information that Gentworks Limited makes available through the
Web Site either now or in the future;
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“Payment Information”
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means any details required for the purchase of
Goods from this Web Site. This
includes, but is not limited to, credit / debit card numbers, bank account
numbers and sort codes;
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“Purchase Information”
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means collectively any orders, invoices, dispatch
notes, receipts or similar that may be in hard copy or electronic form;
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“Premises”
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Means our place(s) of business located at The
Barn, Emmington, Oxon OX39 4AA.
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“System”
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means any online communications infrastructure
that Gentworks Limited makes available through the Web Site either now or in
the future. This includes, but is not
limited to, web-based email, and email
links;
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“User”
/ “Users”
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means any third party that accesses the Web Site
and is not employed by Gentworks and acting in the course of their employment;
and
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“Web
Site”
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means the website that you are currently using (www.gentworks.co.uk)
and any sub-domains of this site unless expressly excluded by their own terms
and conditions.
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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 do not apply to
customers buying Goods in the course of business.
If you are a Business Customer please consult our
Business Customer Terms and Conditions.
4.
International Customers
If Goods are being ordered from outside Gentworks’
country of residence, import duties and taxes may be incurred once your Goods
reach their destination. Gentworks is
not responsible for these charges and we undertake to make no calculations or
estimates in this regard. If you are
buying internationally, you are advised to contact your local customs
authorities for further details on costs and procedures. As the purchaser of the Goods, you will also
be the importer of record and as such should ensure that your purchase is in
full compliance with the laws of the country into which the Goods are being
imported. Please be aware that Goods may
be inspected on arrival at port for customs purposes and Gentworks cannot
guarantee that the packaging of your Goods will be free of signs of tampering.
5.
Intellectual Property
5.1
Subject to the exceptions in
Clause 6 of these Terms and Conditions, all Content included on the Web Site,
unless uploaded by Users, including, but not limited to, text, graphics, logos,
icons, images, sound clips, video clips, data compilations, page layout,
underlying code and software is the property of Gentworks, our affiliates or
other relevant third parties. By
continuing to use the Web Site you acknowledge that such material is protected
by applicable
United
Kingdom and
International intellectual property and other laws.
5.2
Subject to Clause 7 you may not
reproduce, copy, distribute, store or in any other fashion re-use material from
the Web Site unless otherwise indicated on the Web Site or unless given express
written permission to do so by Gentworks.
6.
Third Party
Intellectual Property
6.1
Unless otherwise expressly
indicated, all Intellectual Property rights including, but not limited to,
Copyright and Trademarks, in product images and descriptions belong to the
manufacturers or distributors of such products as may be applicable.
6.2
Subject to Clause 7 you may not
reproduce, copy, distribute, store or in any other fashion re-use such material
unless otherwise indicated on the Web Site or unless given express written
permission to do so by the relevant manufacturer or supplier.
7.
Fair Use of Intellectual
Property
Material from the Web Site may be re-used
without written permission where any of the exceptions detailed in Chapter III
of the Copyright Designs and Patents Act 1988 apply.
8.
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 Gentworks 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.
9.
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 www.gentworks.co.uk without prior
permission. Deep linking (i.e. links to
specific pages within the site) requires the express permission of Gentworks. To find out more please contact us by email
at support@gentworks.co.uk or by post to The Barn, Emmington, Oxon OX39 4AA.
10.
Use of Communications
Facilities
10.1
When using the enquiry form or
any other System on the Web Site you should do so in accordance with the
following rules:
10.1.1
You must not use obscene or
vulgar language;
10.1.2
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;
10.1.3
You must not submit Content
that is intended to promote or incite violence;
10.1.4
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;
10.1.5
The means by which you identify
yourself must not violate these terms of use or any applicable laws;
10.1.6
You must not impersonate other
people, particularly employees and representatives of Gentworks or our affiliates; and
10.1.7
You must not use our System for
unauthorised mass-communication such as “spam” or “junk mail”.
10.2
You acknowledge that Gentworks
reserves the right to monitor any and all communications made to us or using
our System.
11.
Accounts
11.1
In order to purchase Goods on
this Web Site you are 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:
11.1.1
all information you submit is
accurate and truthful;
11.1.2
you have permission to submit Payment
Information where permission may be required; and
11.1.3
you will keep this information
accurate and up-to-date.
Your creation of an Account is further
affirmation of your representation and warranty.
11.2
It is recommended that you do
not share your Account details, particularly your username and password. Gentworks 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.
11.3
If you have reason to believe
that your Account details have been obtained by another without consent, you
should contact Gentworks 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, Gentworks accepts no liability or
responsibility and you should make contact with the Carrier detailed in the
Purchase Information.
11.4
When choosing your username you
are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the
suspension and/or deletion of your Account.
12.
Termination and Cancellation
12.1
Either Gentworks or you may
terminate your Account. If Gentworks
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.
12.2
If Gentworks terminates your Account, any current
or pending purchases on your Account will be cancelled and will not be
dispatched.
12.3
Gentworks
reserves the right to cancel purchases without stating reasons, for any reason
prior to processing payment and dispatch.
12.4
If purchases are cancelled for any reason prior to
dispatch you will be refunded any monies paid in relation to those purchases.
12.5
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.
13.
Goods, Pricing and Availability
13.1
Whilst every effort has been
made to ensure that all graphical representations and descriptions of Goods
available from Gentworks correspond to the actual Goods, Gentworks 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 15.1 for incorrect Goods.
13.2
Where appropriate, you may be
required to select the required [size] [model] [colour] [number] [other
features] of the Goods that you are purchasing.
13.3
Gentworks does not represent or
warrant that such Goods will be available.
Stock indications are not provided on the Web Site
13.4
All pricing information on the
Web Site is correct at the time of going online. Gentworks 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.
13.5
In the event that prices are
changed during the period between an order being placed for Goods and Gentworks
processing that order and taking payment, you will be contacted prior to your order
being processed with details of the new price;
13.6
All prices on the Web Site do
not include VAT. Gentworks’ VAT number
is 776 9073 78.
14.
Delivery
14.1
Gentworks may notify you by way
of email when your goods are to be dispatched to you. The message will contain details of estimated
delivery times in addition to any reasons for a delay in the delivery of the
Goods purchased by you.
14.2
If Gentworks receives no
communication from you, within seven days of delivery, regarding any problems
with the Goods, you are deemed to have received the Goods in full working order
and with no problems.
15.
Returns Policy
Gentworks 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.
15.1
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. Gentworks are 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.
15.2
If any Goods you have purchased
have faults when they are delivered to you, you should contact Gentworks within
28 days to arrange collection and return.
Gentworks are 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.
15.3
If any Goods develop faults
within their warranty period, you are entitled to a repair or replacement under
the terms of that warranty.
15.4
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 Gentworks within 10 days and
arrange collection and return. Gentworks
are 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.
15.5
You have a statutory right to a
“cooling off” period. This period begins
once your order is complete and ends 7 days after the Goods have been
delivered. If you change your mind about
the goods within this period, please return them to Gentworks within 7 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 Gentworks. You are responsible for paying shipment costs
if Goods are returned for this reason.
15.6
If you wish to return Goods to Gentworks
for any of the above reasons, please contact us using the details on support@gentworks.co.uk to make the
appropriate arrangements.
15.7
Gentworks 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:
15.7.1
Any use or enjoyment that you
may have already had out of the Goods;
15.7.2
Any characteristics of the
Goods which may cause them to deteriorate or expire rapidly;
15.7.3
The fact that the Goods consist
of audio or video recordings or computer software and that the packaging has
been opened;
15.7.4
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.
16.
Privacy
Use of the Web Site is also governed by our Privacy Policy which is incorporated into
these terms and conditions by this reference.
To view the Privacy Policy, please click on the link above.
17.
Disclaimers
17.1
Gentworks 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.
17.2
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.
17.3
No part of this Web Site is
intended to constitute a contractual offer capable of acceptance.
18.
Changes to the Service and
these Terms and Conditions
Gentworks 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 Gentworks 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.
19.
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.
Gentworks 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.
20.
Limitation of Liability
20.1
To the maximum extent permitted
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