These terms and conditions regulate the business relationship between
you and us. By using Our Web Site in any way, or by buying from us, you agree
to be bound by them.
No person under the age of 18 years may purchase goods and services.
We look forward to seeing you again when you are over 18.
We are: Matthew Stevens & Son Limited
Our address is: Unit 2, Penbeagle Industrial Estate, St. Ives, Cornwall TR26
You are: a visitor to Our Web Site / our customer
The terms and conditions
In this agreement:
“Carrier” means any person or business contracted by us to carry
Goods from us to you, whether all or part of the distance.
“Our Web Site” means the entire computing hardware and software
installation that is or supports Our Web Site.
“Goods and Services” means any of the goods and services we offer
for sale on our web site
“Content” means information in any form published on Our Web Site
by us or any third party with our consent.
2 Our contract with you
.1 These terms and conditions apply:
.1 so far as the context allows, to you as a visitor to Our Web Site; and
.2 in any event to you as a buyer or prospective buyer of our Goods.
.2 Goods advertised may not be available.
.3 We shall accept your order by e-mail confirmation. Our message will also
confirm details of your purchase and tell you when we shall despatch your order.
That is when our contract is made. It is possible that the price may have increased
from that posted on our web site.
.4 We may change these terms from time to time. The terms that apply to you
are those posted here on Our Web Site on the day you order Goods and Services.
.5 All descriptions, weights and sizes of Goods are those of the original manufacturers
and you may not rely on their accuracy. Accordingly, any such description shall
not form part of this Agreement.
.6 If we do not have the Goods you order in stock, we will offer you alternatives
before we despatch your order. If this happens you may:
.1 accept the alternatives we offer;
.2 cancel your order;
.3 leave the order valid, but tell us to omit the out-of-stock item.
.7 If we owe you money (for this or any other reason), we will credit your credit
or debit card as soon as reasonably practicable but in any event no later than
30 days from the date of your order.
.8 Goods are at your risk from the moment they are picked up by the Carrier
from our warehouse.
3 Price and Payment
.1 You must pay us the full price of your order before we will send any part
.2 Banking charges by the receiving bank on payments to us will be borne by
us. All other charges relating to payment in a currency other than pounds Sterling
will be borne by you.
.3 Any details given by us in relation to exchange rates are approximate only
and may vary from time to time.
.4 You will pay all sums due to us under these terms by the means specified
without any set-off, deduction or counterclaim.
4 Information you give us
.1 You agree that you have provided, and will continue to provide accurate,
up to date, and complete information about yourself. We need this information
to provide you with the Goods and Services.
.2 We will use our reasonable endeavours to respond to any point of dissatisfaction
by you, provided you contact us within three months of purchase.
.1 Deliveries will be made by the Carrier to the address stipulated in your
order. You must ensure that someone is present to accept delivery.
.2 If we are not able to deliver your goods within 30 days of the date of your
order, we shall notify you by e-mail to arrange another date for delivery.
.3 We will hold your order until all goods are available at the same time.
.4 If you are not in, the carrier’s policy is to leave a calling card,
either to arrange another time for delivery or to arrange collection from their
depot. As all goods are perishable, same day collection is recommended.
6 Taxes, duties and import restrictions
.1 We have no knowledge of, and no responsibility for, the laws in your country
.2 You are responsible for purchasing Goods which you are lawfully able to import
and for the payment of import duties and taxes of any kind levied in your country
7 Goods returned
.1 As all goods are delivered fresh, we do not offer a returns service.
.1 We or our Content suppliers may make improvements or changes to Our Web Site,
the Content, or to any of the Goods and Services, at any time and without advance
.2 You are advised that Content may include technical inaccuracies or typographical
.3 We give no warranty and make no representation, express or implied, as to:
.1 the adequacy or appropriateness of the Goods and Services for your purpose.
.2 the truth of any information given on Our Web Site;
.3 any implied warranty or condition as to merchantability or fitness of the
Goods and Services for a particular purpose;
.4 compatibility of Our Web Site with your equipment software or telecommunications
.5 compliance with any law;
.6 non-infringement of any right.
.4 Our Web Site contains links to other Internet web sites. We have neither
power nor control over any such web site. You acknowledge and agree that we
shall not be liable in any way for the Content of any such linked web site,
nor for any loss or damage arising from your use of any such web site.
.5 We are not liable in any circumstances for special, indirect or consequential
loss or any damages whatsoever resulting from loss of use, loss of data or loss
of revenues or profits, whether in an action of contract, negligence or otherwise,
arising out of or in connection with your use of Our Web Site or the purchase
.6 In any claim against us our liability is limited to the value of the goods
you have purchased in the contract which is the subject of the dispute.
9 Content and Intellectual Property Rights
.1 Title, ownership rights, and intellectual property rights in the Content
whether provided by us or by any other Content provider shall remain the sole
property of us and / or the other Content provider. We will strongly protect
its rights in all countries.
.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce,
create derivative works from, distribute, perform, display, or in any way exploit
any of the Content, in whole or in part, except as is expressly permitted in
.3 You may download or copy the Content only for your own personal use, provided
that you maintain all copyright and other notices contained in such Content.
You may not store electronically any significant portion of any Content.
10 System Security
.1 You agree that you will not, and will not allow any other person to, violate
or attempt to violate any aspect of the security of the Installation;
.2 You agree that you will in no way modify, reverse engineer, disassemble,
decompile, copy, or cause damage or unintended effect to any portion of Our
Web Site, or any software used on Our Web Site, and that you will not permit
any other person to do so.
.3 You understand that any such violation is unlawful in many jurisdictions
and that any contravention of law may result in criminal prosecution.
.4 Examples of violations are:
.1 accessing data unlawfully or without consent;
.2 attempting to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures;
.3 attempting to interfere with service to any user, host or network, including,
without limitation, via means of overloading, "flooding", "mail
bombing" or "crashing";
.4 forging any TCP/IP packet header or any part of the header information in
any e-mail or newsgroup posting;
.5 taking any action in order to obtain services to which you are not entitled.
.5 You agree to indemnify us against any claim or demand, including reasonable
lawyers’ fees, made by any third party due to or arising out of:
.1 any violation of system security as set out above;
.2 your use of Our Web Site;
.3 any other breach or violation of this agreement by you;
.4 the infringement by you, or by any other user of the services using your
computer, of any intellectual property or other right of any person or entity,
or as a result of any threatening, libellous, obscene, harassing or offensive
material contained in any of your communications.
You agree to indemnify us against any claim or demand, including reasonable
lawyers’ fees, made by any third party due to or arising in any way out
of your use of Our Web Site, or the infringement by you, or by any other person
using your computer, of any intellectual property or other right of any person.
12 Contractual Limitation
Where we provide goods or services without specific charge, then it (or they)
is deemed to be provided free of charge, and not to be associated with any other
service for which a charge is made. Accordingly, there is no contractual nor
other obligation upon us in respect of any such goods or services.
13 Rights of third parties
Nothing in this agreement or on our web site shall confer on any third party
any benefit under the provisions of the Contracts (Rights of Third Parties)
If any of these terms is at any time held by any jurisdiction to be void, invalid
or unenforceable, then it shall be treated as changed or reduced, only to the
extent minimally necessary to bring it within the laws of that jurisdiction
and to prevent it from being void and it shall be binding in that changed or
reduced form. Subject to that, each provision shall be interpreted as severable
and shall not in any way affect any other of these terms.
15 No Waiver
No waiver by us, in exercising any right, power or provision hereunder shall
operate as a waiver of any other right or of that same right at a future time;
nor shall any delay in exercise of any power or right be interpreted as a waiver.
16 Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or
any contract between you and us, then you agree to attempt to settle the dispute
by engaging in good faith with us in a process of mediation before commencing
arbitration or litigation.
17 Force majeure
We are not liable for any breach of our obligations resulting from causes beyond
our reasonable control including strikes of our own employees.
18 Governing Law
This Agreement shall be governed by and construed in accordance with the law
of England. This agreement shall not be governed by the United Nations Convention
on Contracts for the International Sale of Goods, the application of which is
hereby expressly excluded.
Copyright Andrew Taylor and Net Lawman Ltd 2002. May be reproduced only for
the business of a client of Net Lawman Ltd.