Exphor terms and conditions and privacy policy.
These
terms and conditions and
privacy policy apply to the use of this website at
www.exphor.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, then please do not use this website.
The www.exphor.com website is operated by:
Anthony Evans trading as Exphor.
We are not registered for VAT.
Our contact details are as follows:
Trading address: 81 Coles Avenue, Poole, Dorset BH15 4HJ.
General email: sales@exphor.com
Telephone number: 01202 240959
INTRODUCTION
1.1 You will be able to access most areas of this Website without registering your details with us.
Certain areas of this Website are only open to you if you register.
1.2 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Certain provisions of these terms and conditions may be superseded by expressly designated legal notices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.
ORDERING FROM US
2.1 We will send you acknowledgement, detailing the service you require or acknowledgement of
the product you have ordered. We will also acknowledge when the service is deemed as active.
2.2 Our acceptance of an order takes place when we despatch the order or when the service is rendered
as active. 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 Our acceptance of a service takes place when the service is complete or is deemed as active.
2.4 We may refuse to accept an order:
(a) where goods or services are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error. or a quotation error; or
(d) if you do not meet any eligibility criteria set out in our terms and conditions.
PRICING
3.1 Our prices do not include VAT as we are not registered for VAT.
3.2 Our pricing structure is reviewed periodically and the next review will be on 05/08/2008.
CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order:
(a) you can notify us by email to
support@exphor.com before we have dispatched the goods to you;
(b) where goods have already been dispatched to you, by returning goods to us in accordance with clause
4.2 as described below.
4.2 You can return goods you have ordered from us for any reason at any time within 14 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 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 used to any products that we have made or customised specifically for you.
The provisions of this clause 4.4 do not affect your statutory rights.
LICENCE
5.1 You are only permitted to print and download extracts from this Website only 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 will automatically terminate and you must immediately destroy any of the
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.
SERVICE ACCESS
6.1 While we endeavour 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.
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 licences 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;
(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.
LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third party websites 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 websites and do not control and
are not responsible for these websites 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 websites linked to this Website, you do so entirely at your own risk.
8.2 You may not create any links to this Website, without our prior permission.
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.
REGISTRATION
9.1 To register with www.exphor.com you must be over eighteen years of age.
9.2 Each registration is for a single user only. We do not permit you to share your user name and password
with any other person nor with multiple users on a network.
9.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that
someone else knows your password, you should contact us immediately.
9.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach
any of your obligations under these terms and conditions.
DISCLAIMER
10.1 While we endeavour 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.
10.2 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.
LIABILITY
11.1 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 websites linked to this Website or the material on such websites, 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 websites linked to this Website.
11.2 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.
11.3 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.
11.4 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.
GOVERNING LAW AND JURISDICTION
12.1 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.
12.2 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.
MISCELLANEOUS
13.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and
conditions
13.2 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.
13.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts
(Rights of Third Parties) Act 1999.
Prepared by Lawyers Direct
www.lawyers-direct.biz in association with e-terms.co.uk
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PRIVACY POLICY
Exphor is committed to preserving the privacy of all visitors to our website at www.exphor.com. Please read
the following privacy policy to understand how we use and protect the information that you provide to us.
By registering or 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, register or order products or services on www.exphor.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
support@exphor.com.
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
support@exphor.com.
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
support@exphor.com.
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
support@exphor.com.
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Prepared by Lawyers Direct
www.lawyers-direct.biz in association with e-terms.co.uk
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