WELCOME TO THE FOUR
WEBSITE TERMS AND CONDITIONS FOR USE. THESE TERMS
AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE
AT www.fourcars.co.uk. 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.fourcars.co.uk website is operated by:
Brian Parton, Jaswinder Dahele trading as FOUR.
Our VAT registration number is 849 8722 67
Our contact details are as follows:
Trading address: 10 Stirchley Trading Estate,
Hazelwell Road,
Stirchley, Birmingham,
West Midlands,
United Kingdom,
B30 2PF.
General email: info@fourcars.co.uk
Telephone number: 0845 450 1594
Fax number
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these terms and conditions may be superseded by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 30/03/2006.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order:
(a) you can notify us by email to andy@fourcars.co.uk
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 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 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
in the case of software, audio or visual products,
where the packaging has been unsealed
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 [INSERT
HYPERLINK], 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 FOUR 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 FOUR 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.fourcars.co.uk 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
i`as isi^ 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.
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