SITE KING^® TERM AND CONDITIONS

INTRODUCTION

The use of this Website is subject to the following terms and conditions which set out the rules for how we run the Website and which you should read carefully. By using this Website you acknowledge that you have read and you agree to be legally bound by and comply with these Terms and Conditions.

We reserve the right to change the contents of this Website, including these Terms and Conditions at any time without notice by posting such changes on the Website. It is your responsibility to familiarise yourself with the Terms and Conditions regularly to ensure that you are aware of any changes. Your use of the Website after a change has been posted will signify your acceptance of the modified Terms and Conditions.

If you do not accept these Terms and Conditions, please do not use this Website.

B. CONTENT

1. COPYRIGHT

All Website design, text, graphics and the selection and arrangement of them are Copyright ©2006 Site King, All rights are reserved.

2. TRADEMARKS

• 2.1 This Website contains registered and unregistered trade marks belonging to Site King. The registered and unregistered trade marks include graphics, logos, words, phrases and icons contained on this Website. No rights are granted in respect of any of the above trade marks.
• 2.2 All other product names, marks, logos and symbols referenced in the Website belong to Site King.

3. PROHIBITION OF USE OF WEBSITE CONTENT

Please do not use the Website in any way that may infringe the intellectual property rights contained in the Website. This means that you may not adapt, reproduce, publish, upload, post, redistribute, retransmit, broadcast, extract, alter or store all or any of the contents of the Website including but not limited to any trademarks or copyrighted material as referred to in paragraphs 1 and 2 above without Site King, express permission (although you may download and print out pages from the Website for the sole purpose of viewing for your own personal information).

4. DISCLAMER OF CONTENT

• 4.1 Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the information on this Website it is provided on an "as is" basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of this Website. Further, no warranty is given that the Website shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.
• 4.2 Access to and use of this Website is at the user's own risk and we do not warrant that the use of this Website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses. You are recommended to take all appropriate safeguards before downloading information or images from the Website.
• 4.3 The information contained in the Website has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself prior to ordering any goods from us that they are suitable for your purposes. Orders will be subject to the Terms and Conditions contained in section C, below.
• 4.4 Any advice given on this Website is for guidance purposes only. Any such advice should not be relied upon or used as a substitute for legal or other professional advice on your specific requirements.
• 4.5 We shall not be liable to you for any of the following (whether or not we were advised of, or knew of, the possibility of such losses) whether arising from any claim arising out of or in connection with the use of the Website including without limitation under any tort including negligence, for breach of contract, for misrepresentation (other than fraudulent misrepresentation), intellectual property infringement, under any statute or otherwise:
• 4.5.1 any indirect, special or consequential losses;
• 4.5.2 in respect of losses or damages arising out of changes made to the content of this Website by unauthorised third parties;
• 4.5.3 any loss of business, data, profits, revenue, goodwill, or anticipated savings; or
• 4.5.4 loss or damage to your, or any third party's, data or records.

5. LIMITATION OF LIABILITY

• 5.1 In respect of any cause of action (including an action for negligence) arising out of or in connection with any purchase made from the Website, our entire liability shall be limited, to the extent that the cause of action relates to the items purchased on our Website to (at your option):
• 51.1 repairing or supplying the Goods again; or
• 5.1.2 refunding the amount paid by you in respect of the Goods purchased.
• 5.2 Our aggregate liability in respect of all causes of action arising out of or in connection with the Goods purchased on our Website or in connection with your use of the Website (whether for breach of contract, in negligence or any other tort, under statute or otherwise at all), including for the loss or damage to Goods whilst in transit, will not exceed an amount equal to the value of the Goods delivered to you under these Terms and Conditions.

C. SHOPPING ON THE WEBSITE

The following Terms and Conditions apply to how we supply any goods displayed for sale on our Website, Goods which you purchase through our Website.

Nothing in these Terms and Conditions affects your statutory rights.

6. PRINTING AND PRICING ERRORS

• 6.1 The placing of a product on our Website is an invitation to accept offers for products and is not an offer to sell at the listed price nor is it binding on us. We are under no obligation to accept your order (whether or not the order has been confirmed and the credit card been charged).
• 6.2 In the event a product is listed at an incorrect price due to a typographical error, we will notify you of the correct price by e-mail and we will give you the choice of either purchasing the product at the correct price or cancelling your order. If you confirm you want the product at the corrected price we will deliver the product to you. If payment has been charged for the purchase and you cancel your order we will, on return of the Goods, immediately issue a refund.

7. PRICES, PAYMENT AND DELIVERY

• 7.1 The prices for Goods are exclusive of VAT @ 17.5 %, and Delivery charges are as set out in the check out process.
• 7.2 Payments must be made by credit or debit card and we shall not despatch any Goods until we receive confirmation of payment.
• 7.3 Your payment will be processed by a Secure Connection at the time you place your order on the relevant section of the Website.
• 7.4 Where Goods are to be supplied from stock, such supply is subject to availability of stocks at the date of your order.
• 7.5 Delivery is restricted to the United Kingdom. We aim to deliver Goods to UK mainland addresses within 3 working days (excluding weekends and bank holidays) of you placing your order. Orders placed after 1.00pm will be delivered within 3 working days from the next working day. We will inform you as soon as we can if we are unable to deliver the Goods within 3 days of your order and you may agree an alternative delivery period or you may cancel the order In no event shall we be liable for any damages or penalty for any delay in delivery.
• 7.6 Please ensure on delivery that the Goods are undamaged. If they are damaged you need to notify us straight away. You should keep your delivery note and packaging.
• 7.7 Risk in the Goods passes to you when the Goods are signed for at the delivery address stipulated in your order. Site King accepts no responsibility for any damage or loss to the Goods after risk passes.

8. YOUR RIGHT TO CANCEL

• 8.1 You may cancel your order for Goods at any stage before the Goods are despatched and up to 7 days after Goods are delivered provided that Goods are in "as new" condition being the same condition as they were on delivery. To cancel your order under this paragraph, you must notify us in writing (which includes fax and e-mail) at our address and return the Goods to us. We will (at your option) exchange the Goods or refund you the amount paid for the Goods provided that the Goods are complete, unused and in good condition with the original box, packaging and accessories.
• 8.2 If you cancel prior to despatch of the Goods we will make a Refund to you.

9. RETURNS POLICY

• 9.1 If the Goods are defective, incorrect or damaged on delivery, please notify us as soon as you become aware of any problem and return the Goods to us. On cancellation for whatever reason you must return to us the Goods we have delivered to you.
• 9.2 All Goods being returned should be posted to our address below, and should be accompanied by a returns note. Please ensure that a Proof of Return is received from the delivering company on posting.
• 9.3 We ask that you allow us to (at your option) repair, replace or refund you for the price paid for any Goods which are found to be defective, incorrect or damaged on delivery.
• 9.4 If you opt to exchange the Goods, any additional payments must be included with the returned Goods. Replacement Goods will not be despatched until such payment has been received.

10. REFUNDS

Refunds will be made (less any applicable discount) by re-crediting your payment card account from which the money was originally debited. All refunds will be made within 30 working days of notifying you of the cancellation of your order.

11. SECURITY

Our secure server software encrypts all your payment card details. The process scrambles all the information, allowing no unauthorised third party to intercept the data. Your browser will confirm that you are shopping in a secure environment by showing either a locked padlock icon or an image of a padlock next to the payment details in the relevant area of the Website.

12. COMPLAINTS PROCEDURE

In the event that we fail in meeting our high standards of customer service please do not hesitate to contact us at info@siteking.co.uk . We will do our very best to deal with your complaint as soon as possible and make every effort to reach a satisfactory conclusion on your behalf in order to retain your valued custom.

D. GENERAL

13. NATURE OF WEBSITE

• 13.1 The information, service and Goods on this Website are intended for use by Site King customers.
• 13.2 The contents of this Website do not purport to provide any financial, investment or professional advice and nothing on the pages of this Website shall be deemed to constitute the provision of financial, investment or other professional advice in any way.

14. LAW AND JURISDICTION

• 14.1 These Terms and Conditions will be governed by and construed in accordance with the laws of England and Wales. Disputes arising in relation to this Website shall be subject to the exclusive jurisdiction of the courts of England and Wales.
• 14.2 Certain provisions contained in these Terms and Conditions may be disallowed by the laws of the country from which you are accessing the Website. If any provision is unenforceable or invalid then the provisions of paragraph 16 shall apply.

15. ENTIRE AGREEMENT

These Terms and Conditions represent the entire understanding relating to the use of the Website and supersede all other statements, representations or warranties (whether written, made by email or oral) made by Site King. Nothing in these Terms and Conditions shall affect the liability of either party in respect of any misrepresentation, warranty or condition that it makes fraudulently. Any rights not expressly granted in these Terms and Conditions are reserved by Site King.

16. SEVERANCE

If any provision of these Terms and Conditions are found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms and Conditions which shall remain unaffected.

17. THIRD PARTY RIGHTS

A person who is not a party to this contract is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.

18. FORCE MAJEURE

We shall not be liable to you for any delay in, or failure of, performance of our obligations under these Terms and Conditions arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.

E. PRIVACY POLICY

19. OUR APPROACH

• 19.1 Site King takes the privacy of its users seriously. Below we set out our privacy policy, which governs the way in which we process any personal information that you provide to us. If we decide to change our privacy policy for the Website, we will post those changes here so that you will always know what information we gather, how we might use that information and whether we will disclose it to anyone.
• 19.2 You can access our home page and browse our site without disclosing your personal data, apart from the information collected by cookies that we use (please see below).

20. WHO MAY PROCESS DATA

• 20.1 Personal information will only be collected with your consent.
• 20.2 Your personal information (which includes your name, address and any other details you provide to us which identify you as an individual) may be processed both by us and by other companies within our group.

21. PURPOSE OF PROCESSING

• 21.1 We will use your information for the purpose of administering our relationship with you, such as; fulfilling orders placed by you; processing any other transactions authorised by you; informing you of special offers; undertaking product or customer research/development and providing other marketing information to you which we think you may find of interest. If you do not wish to receive any marketing information you may request that your details are excluded from any promotional activity by sending an e-mail to info@siteking.co.uk.
• 21.2 Your personal information shall not be used for any other purposes and shall not be disclosed to any other organisations.

22. COOKIES

We may send a small file to your computer when you visit our Website. This will enable us to identify your computer, track your behaviour on our Website and to identify your particular areas of interest so as to enhance your future visits to this Website. We may use cookies to collect and store personal data and we link information stored by cookies with personal data you supply to us. Save for the use of cookies, we do not automatically log data or collect data apart from information you specifically provide to us. You can set your computer browser to reject cookies but this may preclude your use of certain parts of this Website.

23. SECURITY MEASURES

We have implemented security policies, rules and technical measures to try to protect the personal data that we have under our control from unauthorised access, improper use and disclosure, unauthorised destruction or accidental loss. However we cannot guarantee the protection of your personal data as due to the nature of the internet, the Website is theoretically accessible by any user of the world wide web. You should be aware that when you disclose personal information on the Website it may be collected by another user and may result in unsolicited messages from other internet users.

CONTACT DETAILS

Site King
12-14 Swinborne Court,
Swinborne Road,
Burnt Mills Industrail Estate,
Basildon, Essex
SS13 1QA

Tel: + 44 (0) 1268 590720
Fax: + 44 (0) 1268 590721
E-mail: info@siteking.co.uk