Terms and conditions for the use of Crystal Clear Hire -
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Terms and conditions for the use of this site
Please read the terms and conditions carefully, as they contain
important information about your rights and obligations. You can print out
these terms and conditions by clicking on the print button below:
1 Introduction
1.1 Please read these terms and conditions carefully before using the web-site
operated by Crystal Clear Designs Limited ('Crystal Clear Designs', 'our',
'we', 'us') (Company number: 04946005 and VAT number: 824 7754 06). In
particular, we draw your attention to clauses 8 (Applicability of online
materials) and 12 (Liability). By accessing or using the Crystal Clear Designs
web-site ('our web-site') you agree to be legally bound by these terms and
conditions.
1.2 Without prejudice to the above, by using or accessing our web-site, you
agree to be legally bound by these terms and conditions of use as they apply to
your use of or access to our web-site.
1.3 If you do not wish to be bound by these terms and conditions then you may
not use our web-site.
2 Nature of our web-site
2.1 Our web-site is a place for you to select and order products developed by
Crystal Clear Designs (the 'Products'). Our web-site describes the
Products in more detail.
2.2 Please note that our web-site is available only to individuals that can form
legally binding contracts under applicable law. Although the contents of our
web-site are aimed at users aged 18 and above, you must be over 18 years to
purchase the Products, using the payment method displayed on our web-site. If
you do not qualify, click here
to leave our web-site now.
3 Buying products on our web-site
3.1 To order a Product you will need to follow the ordering procedures set out
on our order page. Details of our prices for the Products, and the procedures
for payment and delivery are displayed on our web-site.
3.2 Any times or dates stated on our web-site for delivery are estimates only.
Crystal Clear Designs will make all reasonable effort to deliver goods within
the time specified, but does not accept liability for any failure to deliver
within that time.
3.3 You must pay by credit or debit card or by any other means specified during
the payment process at the time of order. The price of any Product is the price
in force at the date and time of your order. We may change the price of any
Product before you place an order. We try to ensure that our prices displayed
on our web-site are accurate but the price on your order will need to be
validated by us as part of the acceptance procedure (see clause 3.4 below). We
will inform you if a Product's correct price is higher than that stated in your
order and you may cancel the order and decide whether or not to order the
Product at the correct price. The prices are inclusive of delivery costs and
applicable taxes.
3.4 Crystal Clear Designs is entitled to refuse any order placed by you. If your
order is accepted, we will confirm acceptance to you by online electronic means
('Confirmation') to the e-mail address you have given us on ordering. The order
will then be fulfilled by the date set out in the Confirmation or, if the
Confirmation does not contain such a date, within 30 days.
3.5 You undertake that all details you provide to us for the purpose of
purchasing goods or services which may be offered by us on our web-site will be
correct, that the credit or debit card, or any electronic cash, which you use
is your own and that there are sufficient funds or credit facilities to cover
the costs of any goods or services. We reserve the right to obtain validation
of your credit or debit card details before providing you with any goods or
services.
4 Returns
4.1 If:
the Product delivered is not what you ordered or does not correspond with its
description;
the Product delivered is not of a satisfactory quality
Crystal Clear Designs will, at its option, deliver to you a replacement Product
or refund to you the price paid and your reasonable costs of returning the
Products.
5.1 We reserve the right to make changes or corrections, alter, suspend or
discontinue any aspect of our web-site or the content or services available
through it, including your access to it. Unless explicitly stated to the
contrary, any new features including new content, and/or the sale of new
Products and/or the release of new software tools or resources shall be subject
to these terms and conditions.
5.2 Please note that although we try to ensure that the content of our web-site
is accurate, it may contain typographical errors or other inaccuracies.
6 Information you provide to us
6.1 The following applies to any information you provide to us, for example
during any registration or ordering process.
You authorise us to use, store or otherwise process any personal information
which relates to and identifies you, including but not limited to your name and
address, to the extent reasonably necessary to provide the services which are
available though our web-site by us, our partners, successors (including the
purchaser of the whole or part of our business), associates, sub-contractors or
other third parties (together our 'Partner Companies').
If you obtain or choose to buy Products though our web-site then we may collect
information about your buying behaviour and if you send us personal
correspondence such as e-mails or letters then we may collect this information
into a file specific to you (together, the various purposes set out in this
paragraph and in our privacy policy shall be known as 'the Purposes'). All such
information collected by us shall be referred to in these terms and conditions
as 'Personal Information'.
You must ensure that the Personal Information you provide is accurate and
complete and that all ordering or registration details (where applicable)
contain your correct name, address and other requested details. For more
information about how we deal with your Personal Information, please read our
privacy policy.
6.2 By accepting these terms and conditions, you agree to the processing and
disclosure of the Personal Information for the Purposes. If you would like to
review or modify any part of your Personal Information then you should e-mail
us at info@crystal-clear-designs.com
6.3 In addition, the following also applies to all messages, e-mails, bulletin
board postings, ideas, suggestions, concepts or other material submitted by you
to us ('Content'):
you must own or have the right to submit Content for publication on our
web-site and all Content submitted by you must be legal, honest, decent and
truthful and comply with all applicable laws, regulations, standards and/or
codes of practice;
you must ensure that all Content submitted to us does not infringe the
copyright, design, privacy, publicity, data protection, trade mark or other
rights of any third party, nor be obscene, abusive, threatening, libellous or
defamatory of any person or be otherwise unlawful;
you must ensure that the Content dos not advertise or otherwise solicit for
funds or is a solicitation for goods or services; and
we have the right to monitor Content and may edit, reject or remove Content if
we believe it does not comply with the above and, in particular, we reserve the
right to block incoming e-mails and other Content if we believe that their
content is or may be inappropriate or otherwise does not comply with the above.
6.4 You grant us a non-exclusive, irrevocable, royalty free, world-wide license
to publish all Content that you submit to us except any portion of the Content
that is Personal Information. You have sole responsibility for the Content you
submit to us and you shall indemnify and shall keep us fully and effectively
indemnified on demand from and against all actions, claims, losses, liability,
proceedings, damages, costs, expenses, loss of business, loss of profits,
business interruption and other pecuniary or consequential loss (including
legal costs and expenses) suffered or incurred by us and arising directly or
indirectly out of the publication of Content submitted by you to us.
6.5 You warrant and undertake that you will not use our web-site for any purpose
that is illegal or prohibited by these terms and conditions, including without
limitation the posting or transferring of any libellous, defamatory,
inflammatory or obscene material. If you breach these terms and conditions then
your permission to use this web-site terminates immediately without the
necessity of any notice being given to you. We retain the right to deny access
to any person who fails to comply with these terms and conditions.
7 Security
You are solely responsible in all aspects for all use of and for protecting the
confidentiality of any username, e-mail verification and password that may be
given to you or selected by you for use on our web-site. You may not share
these with or transfer them to any third parties. You must notify Crystal Clear
Designs immediately of any unauthorised use of them or any other breach of
security regarding our web-site that comes to your attention.
8 Applicability of online materials
8.1 Unless otherwise specified all content and materials published on our
web-site are presented solely for your private, personal and non-commercial
use.
8.2 Our web-site is controlled and operated by us from our offices in England.
All content which is offered by third parties that are not affiliated with or
otherwise connected with us, is published in good faith but we do not (to the
extent permitted by applicable law) accept responsibility for the accuracy or
otherwise of such content (whether published on or offline) and the use of such
content, except for content which relates directly to Products you purchase.
You assume total responsibility and risk for your use of our web-site and use
of all information contained within it.
8.3 We have used our reasonable endeavours to ensure that our web-site complies
with UK laws. However, we make no representations that the materials on our
web-site are appropriate or available for use in locations outside the UK.
Those who visit our web-site from other locations do so on their own initiative
and are responsible for compliance with all applicable laws. If use of our
web-site and/or viewing of it, or use of any material or content on our
web-site or services, or products offered through our web-site are contrary to
or infringe any applicable law in your jurisdiction(s), you are not authorised
to view or use our web-site and you must exit immediately.
8.4 Crystal Clear Designs makes no representations and gives no warranties,
express or implied that making the Products available in any particular
jurisdiction outside the UK is permitted under any applicable non-UK laws or
regulations. Accordingly, if making the Products or any part available in your
jurisdiction or to you (by reason of nationality, residence or otherwise) is
prohibited, those Products are not offered for sale to you. You accept that if
you are a resident outside the UK, you must satisfy yourself that you are
lawfully able to purchase the Products. Crystal Clear Designs accepts no
liability, to the extent permitted by applicable law, for any costs, losses or
damages resulting from or related to the purchase or attempted purchase of the
Products by persons in jurisdictions outside the UK or who are nominees of or
trustees for citizens, residents or nationals of other countries.
9 Copyright and monitoring
The contents of our web-site are protected by international copyright laws and
other intellectual property rights. The owner of these rights is Crystal Clear
Designs, its affiliates or other third party licensors. All product and company
names and logos mentioned in our web-site are the trade marks, service marks or
trading names of their respective owners, including us. You may download
material from our web-site for the sole purpose of placing an order with
Crystal Clear Designs or using our web-site as a shopping resource. However,
you may not modify, copy, reproduce, republish, upload, post, transmit or
distribute, by any means or in any manner, any material or information on or
downloaded from our web-site including but not limited to text, graphics,
video, messages, code and/or software without our prior written consent, except
where expressly invited to do so, for example in order to complete any test or
questionnaire.
10 Linked Sites
Crystal Clear Designs make no representations whatsoever about any other
web-sites which you may access though our web-site or may link to our web-site, excluding the following sites:
When you access any other web-site you understand that is independent from
Crystal Clear Designs and that we have no control over the content or
availability of that web-site. In addition, a link to any other web-site does
not mean that Crystal Clear Designs endorses or accepts any responsibility for
the content, or the use of, such a web-site and Crystal Clear Designs shall not
be liable for any loss or damage caused or alleged to be caused by or in
connection with use of or reliance on any content, goods or services available
on or through any other web-site or resource. Any concerns regarding any
external link should be directed to its web-site administrator or web master.
11 Availability of our web-site
We will try to make our web-site available but can not guarantee that our
web-site will operate continuously or without interruptions or be error free
and can accept no liability for its unavailability. You must not attempt to
interfere with the proper working of our web-site and, in particular, you must
not attempt to circumvent security, tamper with, hack into, or otherwise
disrupt any computer system, server, web-site, router or any other Internet
connected device.
12 Liability
12.1 We promise that for any Product you purchase from our web-site:
we have the right to sell the Product to you;
the Product will correspond with the description we have given to you;
the Product will be of satisfactory quality
Subject to this, however, Products are not sold as being fit for any particular
application or for use under specific conditions, unless expressly agreed in
writing. We also promise that any service we provide to you will be provided
with reasonable skill and care. We exclude all other express or implied terms,
conditions, warranties, representations or endorsements whatsoever with regard
to any products (including without limitation the Products), our web-site or
any information or service provided through our web-site.
We will use all reasonable endeavours to ensure that all materials and
information published on our web-site are accurate, but please note that all
content, materials and information on our web-site are provided on an 'as is'
basis and you assume total responsibility and risk for your use of our web-site
and use of all information contained within it.
12.2 We accept no liability for any indirect or consequential loss or damage, or
for any loss of data, profit, revenue or business (whether direct or indirect)
in each case, however caused, even if foreseeable. In circumstances where you
suffer loss or damage arising out of or in connection with the viewing, use or
performance of our web-site or its contents other than as a direct result of
purchasing Products (which shall be subject to the exclusions and limitation of
liability set out in these terms and conditions), we accept no liability for
this loss or damage (except where we have been negligent) whether due to
inaccuracy, error, omission or any other cause and whether on the part of
Crystal Clear Designs or our servants, agents or any other person or entity.
12.3 If we are liable to you for any reason, our liability will be limited to
the amount paid by you for the Products concerned. This limit does not
apply to any liability we may have for death or personal injury resulting from
our negligence or for our fraudulent misrepresentation.
12.4 You are responsible for ensuring that your computer system meets all
relevant technical specifications necessary to use the Products. You also
understand that we cannot and do not guarantee or warrant that
the Products will be free from infections, viruses and/or other code that
has contaminating or destructive purposes. You are responsible for implementing
sufficient procedures and virus checks (including anti-virus and other security
checks) to satisfy your particular requirements for the accuracy of data input
and output.
12.5 The limitations and exclusions in this clause do not affect your
non-excludable statutory rights and only apply to the extent permitted by
applicable law.
13 General
13.1 We may assign, transfer, novate or subcontract any or all of our rights and
obligations under this Licence Agreement at any time.
13.2 We may alter these terms and conditions from time to time and post the new
version on our web-site, following which all use of our web-site will be
governed by that version. You must check the terms and conditions on the
web-site regularly.
13.3 This Licence Agreement together with the privacy policy, any order form and
payment method instructions, if any, are the whole agreement between you and
Crystal Clear Designs. You acknowledge that you have not entered into this
agreement in reliance upon any statement, warranty or representation made by
Crystal Clear Designs or any other person and you irrevocably and
unconditionally waive any rights to claim damages and/or to rescind these terms
and conditions by reason of any misrepresentation (other than fraudulent
misrepresentation) that is not contained in the terms and conditions, privacy
policy, order form and payment method instructions.
13.4 If any provision or term of these terms and conditions shall become or be
declared illegal, invalid or unenforceable for any reason whatsoever, such term
or provision shall be divisible from the other terms and conditions and shall
be deemed to be deleted from them.
13.5 These terms and conditions and your use of our web-site is governed by
English law and you submit to the exclusive jurisdiction of the English courts.
13.6 Except in respect of a payment obligation, neither you nor Crystal Clear
Designs will be held liable to the other for any failure to perform any
obligation due to causes beyond your or Crystal Clear Design's respective
reasonable control.
13.7 Failure or delay by either party enforcing an obligation or exercising a
right under these terms and conditions does not constitute a waiver of that
obligation or right.
13.8 These terms and conditions do not confer any rights on any person or party
(other than you and/or us) pursuant to the Contracts (Rights of Third Parties)
Act 1999.
14 Notes
14.1 All notices shall be given:
to us via e-mail at info@crystal-clear-designs.com; or
to you at either the e-mail or postal address you provide during any ordering
process.
Notice will be deemed received when an e-mail is received in full (or else on
the next business day if it is received on a weekend or a public holiday in the
place of receipt) or 3 days after the date of posting.
15 Replacement
These terms and conditions replace all other terms and conditions previously
applicable to the use of our web-site and/or sale of the Products.
