Terms and Conditions
1. PLEASE READ ALL THESE TERMS AND CONDITIONS
These Terms and Conditions set out the terms on which you may access and make use of our website www.thecarinvestor.com (the Site), and will apply to the purchase of the goods by you (the Customer or you). We are The Car Investor Ltd a company registered in England and Wales under number 10480371 whose registered office is at Office 7, 35-37 Ludgate Hill, London EC4M 7JN with email address email@example.com (the Supplier or us or we)
3.1 Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession
3.2 Contract means the legally-binding agreement between you and us for the sale and purchase of the Goods
3.3 Delivery Location means the Supplier’s premises or other location where the Goods are to be supplies, as set out in the Order;
3.4 Goods means any goods that we supply to you, of the number and description as set out in the Order;
3.5 Order means the Customer’s order for the Goods from the Supplier as set out in the Customer’s order or in the Customer’s written acceptance of the Supplier’s quotation
4. ACCESSING THE SITE
4.1 Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice (see below). We will not be liable if for any reason the Site is unavailable at any time or for any period.
4.2 From time to time, we may restrict access to some parts of the Site, or our entire site, to users who have registered with us.
4.5 You must take appropriate security measures to prevent unauthorised disclosure of your user name and password and you must notify us immediately if your password becomes known to any unauthorised user.
4.6 You are responsible for making all arrangements necessary for you to have access to the site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.2 You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others within your organisation to material posted on the Site.
5.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
5.4 Our status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.
5.5 You must not use any part of the materials on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.
6. RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.
7. THE SITE CHANGES REGULARLY
We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
8. OUR LIABILITY
8.1 The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
8.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
8.1.2 any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
188.8.131.52 loss of income or revenue;
184.108.40.206 loss of business;
220.127.116.11 loss of profits or contracts;
18.104.22.168 loss of anticipated savings;
22.214.171.124 loss of data;
126.96.36.199 loss of goodwill;
188.8.131.52 wasted management or office time; and
184.108.40.206 for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
8.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
8.3 Our liability to you is limited to £100
9. PROHIBITED USES
9.1 You may use the Site only for lawful purposes. You may not use the Site:
9.1.1 in any way that breaches any applicable local, national or international law or regulation;
9.1.2 In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
9.1.3 for the purpose of harming or attempting to harm minors in any way;
9.1.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
9.1.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
9.1.6 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
9.2 You also agree:
9.2.1 not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of our terms of website use;
9.2.2 not to access without authority, interfere with, damage or disrupt:
9.2.3 any part of the Site;
9.2.4 any equipment or network on which the Site is stored;
9.2.5 any software used in the provision of the Site; or
9.2.6 any equipment or network or software owned or used by any third party.
10. INTERACTIVE SERVICES
10.1 We may from time to time provide interactive services on the Site, including, without limitation:
10.1.1 user created groups;
10.1.2 user created events;
10.1.3 private messaging;
10.1.4 photo and video upload;
10.1.5 user profiles;
10.1.6 status updates
(the “Interactive Services”).
10.2 Where we do provide any Interactive Services, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
10.3 We will do our best to assess any possible risks for users from third parties when they use any Interactive Services provided on the Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Interactive Services we provide on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Services by a user in contravention of our content standards, whether the service is moderated or not.
10.4 Minimum age for registering on the website is 18. The use of any of our Interactive Services by a minor is not permitted.
10.5 Where we do moderate any Interactive Services, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
10.6 Individuals and organisations are not permitted to use our Interactive Services for any marketing or promotional purposes
11. CONTENT STANDARDS
11.1 These content standards apply to any and all material which you contribute to the Site (“Contributions”), and to any Interactive Services associated with it.
11.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contribution as well as to its whole.
11.3 Contributions must:
11.3.1 be accurate (where they state facts);
11.3.2 be genuinely held (where they state opinions); and
11.3.3 comply with applicable laws in the UK and in any country from which the Contributions are posted.
11.4 Contributions must not:
11.4.1 contain any material which is defamatory;
11.4.2 contain any material which is obscene, offensive, hateful or inflammatory;
11.4.3 promote sexually explicit material;
11.4.4 promote violence;
11.4.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
11.4.6 infringe any copyright, database right or trade mark of any other person;
11.4.7 be likely to deceive any person;
11.4.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
11.4.9 promote any illegal activity;
11.4.10 be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
11.4.11 be likely to harass, upset, embarrass, alarm or annoy any other person;
11.4.12 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
11.4.13 give the impression that they emanate from us, if this is not the case; or
11.4.14 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
12. SUSPENSION AND TERMINATION
12.2.1 immediate, temporary or permanent withdrawal of your right to use the Site;
12.2.2 immediate, temporary or permanent removal of any posting or material uploaded by you to the Site;
12.2.3 issue of a warning to you;
12.2.4 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
12.2.5 further legal action against you; or
12.2.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
13. INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
14. VIRUSES, HACKING AND OTHER OFFENCES
14.1 You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
14.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
14.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
15. LINKING TO THE SITE
15.1.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
15.1.2 You must not establish a link from any website that is not owned by you.
15.1.3 The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on the Site other than that set out above, please address your request to firstname.lastname@example.org
16. LINKS FROM THE SITE
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
17. TERMS OF SALE
17.1 These Terms of Sale will apply to the purchase of the goods by you
17.2 These are Terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms of Sale
17.3 The description of the Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in colour or size
17.4 In the case of Goods made to your special requirements, it is your responsibility to ensure that any information you provide is accurate
17.5 The description of the Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Goods
17.6 When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
17.7 A Contract will be formed for the Goods ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or if earlier, the Supplier’s delivery of the Goods to the Customer
17.8 Any quotation is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time.
17.9 No variation of the Contract, whether about description of the Goods, price or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing
17.10 The price of the Goods and any additional delivery or other charges for the Goods, and the total price of them and the charges is that set out in our price list current at the date we accepted the Order or such other price as we may agree in writing
17.11 Payment for Goods must be made at least five days in advance of delivery. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods
17.12 We will deliver the Goods to the Delivery Location by the time or within the period agreed, or failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into
17.13 In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
(a) we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time of the Contract was made, or if you told us before the Contract was made that delivery on time was essential; or
(b) after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period
17.14 If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract
17.15 If any goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them
17.16 We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channel Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them
17.17 You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges
17.18 If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them
17.19 The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practical, examine the Goods before accepting them
17.20 Risk of damage to, or loss of, the Goods will pass to you when the Goods are delivered to you
17.21 You do not own the Goods until we have received payment in full. If full payment is overdue, or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them
17.22 You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability
17.23 We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation
17.24 Upon delivery, the goods will:
(a) be of satisfactory quality
(b) be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
(c) conform to their description
17.25 It is not a failure to conform if the failure has its origin in your materials
17.26 In the event of any failure by a party because of something beyond its reasonable control:
(a) the party will advise the other party as soon as reasonably practicable; and
(b) the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery
17.27 The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession).
17.28 If you are not 100% satisfied with your purchase, within 10 days from the purchase date, we will refund the cost of your order if the product is returned to us with the following considerations:
(a) we will not refund the cost of any personalised item
(b) we will not refund the cost of any membership based service
18. JURISDICTION AND APPLICABLE LAW
18.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site
20. YOUR CONCERNS
If you have any concerns about material which appears on the Site, please contact email@example.com
Thank you for visiting the Site.
© The Car Investor 2017 All Rights Reserved