Terms & Conditions
WEBSITE
TERMS AND CONDITIONS
WELCOME TO THE ESENO LIMITED WEBSITE TERMS AND CONDITIONS
FOR USE. THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT www.eseno.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.eseno.co.uk website
is operated by:
ESENO LIMITED.
Registered in England: 6786196
VAT registration number GB 990 8849 54
Our contact details are as follows:
Trading address:
Unit 4, Clovelly Road Industrial Estate
. Bideford
Devon
EX39 3HN
General email: sales@eseno.co.uk
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provisions of these terms and conditions may be superseded by expressly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 annually at the start of the year.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order:
(a) you can notify us by email to sales@eseno.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
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.
5.5 UNDER NO CIRCUMSTANCES CAN IMAGES IN
THE GALLERY BE COPIED, REPRODUCED OR USED.
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 Eseno 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 Eseno Ltd 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.eseno.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 “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.