TERMS AND CONDITIONS
WEBSITE TERMS AND CONDITIONS WELCOME TO THE Pure Rush WEBSITE TERMS AND
CONDITIONS FOR USE. THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS
WEBSITE AT www.mypurerush.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, DO NOT USE THIS WEBSITE.
The www.mypurerush.com website is operated by: Pure Rush Ltd, a company
registered in England and Wales, whose registered office is at Unit 2v4,
Cooper House, Michael Road, Fulham, London, United Kingdom, SW6 2AD. Our
company registration number is 5936079. Our VAT registration number is Pending
We are a member of the following trade associations/professional bodies:
No Our contact details are as follows: Trading address: Unit 2v4, Cooper
House, Michael Road, Fulham, London, United Kingdom, SW6 2AD. General email:
info@mypurerush.com Telephone number: 08708921769 Fax number 02077366088
1. 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 Certain provisions of these terms and conditions may be superseded by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.
2. ORDERING FROM US 2.1
You are deemed to place an order with us by ordering via our online checkout
process. As part of our checkout process you will be given the opportunity
to check your order and to correct any errors. We will send you an order acknowledgement,
detailing the products you have ordered. 2.2 Our acceptance of an order takes
place when we despatch the order. We will send you a despatch confirmation
by email. 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 We
may refuse to accept an order: (a) where goods are not available; (b) where
we cannot obtain authorisation for your payment; (c) if there has been a pricing
or product description error; or (d) if you do not meet any eligibility criteria
set out in our terms and conditions.
3. PRICING 3.1
All prices include VAT (where applicable) at the current rates. We reserve
the right to express the price exclusive of VAT, but we shall show VAT separately
and include it in the total price. 3.2 Where we charge separately for packing,
carriage and insurance and other relevant charges, the appropriate rates are
set out in our specified pricing structure shown elsewhere on this Website.
3.3 Our prices are reviewed periodically and the next review will be on 01/06/2007.
4. CANCELLATION AND RETURNS POLICY 4.1
If you wish to cancel your order: (a) you can notify us by email to sales@mypurerush.com
before we have dispatched the goods to you; or (b) where goods have already
been dispatched to you, by returning goods to us in accordance with clause
4.2 below. 4.2 You can return goods you have ordered from us for any reason
at any time within 2 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 the 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 The provisions of this clause 4.4 do not affect your
statutory rights.
5. LICENCE 5.1
You are permitted to print and download extracts from this Website 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 automatically
terminates and you must immediately destroy any 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.
6. 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.
7. 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; or (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.
8. 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 If you would like to link to this Website, you may only
do so on the basis that you link to, but do not replicate, the home page of
this Website, and subject to the following conditions: (a) you do not remove,
distort or otherwise alter the size or appearance of the Pure Rush logo; (b)
you do not create a frame or any other browser or border environment around
this Website; (c) you do not in any way imply that we are endorsing any products
or services other than our own; (d) you do not misrepresent your relationship
with us nor present any other false information about us; (e) you do not otherwise
use any Pure Rush trade marks displayed on this Website without our express
written permission; (f) you do not link from a website that is not owned by
you; and (g) your website does not contain content that is distasteful, offensive
or controversial, infringes any intellectual property rights or other rights
of any other person or otherwise does not comply with all applicable laws
and regulations. We expressly reserve the right to revoke the right granted
in this clause 8.2 for breach of these terms and to take any action we deem
appropriate. 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.
9. REGISTRATION 9.1
To register with www.mypurerush.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.
10. 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.
11. 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.
12. 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.
13. 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
