The www.fabhair.com website, including any blog, forums or services provided on this website (“SITE”), is owned, operated and maintained by Fabhair Inc, a company incorporated New York, USA registered number 99-0377175 registered address at 888 Main Street Ste 1241, New York NY10044 (“Fabhair” or “WE/US/OUR”). Fabhair may be contacted at the above address.
We appreciate your interest in the products and services and your visit to the Fabhair.com site.
USING THE SITE
If you have any queries regarding the Site, the information or materials on Fabhair.com, please contact us by e-mail at email@example.com
2. TERMS OF SALE, REGISTRATION, ACCOUNTS AND PASSWORDS
2.2 Accessing certain services on the Site may require creation of an account and registration. Please make sure that all details you provide upon registration are accurate and complete and please inform us of any changes.
2.3 When you register on the Site, you might be asked to create a password. It is your responsibility to maintain the confidentiality of your account details and password and to prevent unauthorized access to your account. If you have reason to believe that your account details or password have been lost, or used in an unauthorized manner you agree to promptly notify us. If you need to reset your password, please contact us at any time. You are responsible for all activities on your account, and we will not be liable, directly or indirectly, for any damage or loss incurred as a result of your failure to comply with this section.
2.4 We reserve the right to terminate or suspend your account and use of the Site at any time, without prior notification or for any reason.
3. INTELLECTUAL PROPERTY
3.1 Fabhair Inc is the sole owner or the licensee of all designs, copyright, database info, trademarks and other intellectual property rights on the site. Your use of the Site grants you no rights to use our intellectual or any third parties property rights. All such rights are reserved if not expressly granted in writing.
3.2 You may access this Site only to place an order for Products or make Contributions. Any other use of the site is prohibited, unless agreed to by us in writing. You agree not to delete or change ownership notices from the Site on any prints or downloads,
3.3 You may not republish, display, modify, copy, perform, translate, broadcast, display, republish, distribute, frame, reproduce, display, transmit, post or sell any content or intellectual property on this Site.
4. LINKS TO THIRD PARTY SITES AND RESTRICTIONS
4.1 The use of third party websites is entirely at your own risk. Links on the Site will lead to third party websites that are not under our control. We accept no liability for the content of any linked site.
4.3 You agree not to harvest pricing, price scrape either manually or by use of a web robot, web spider or any other web crawling or other technology.
5. USER CONTRIBUTIONS
5.1 Users may be able submit review, comments, feedback, suggestions or other information and materials via the Site or otherwise (“CONTRIBUTIONS”). Contributions shall comply with our contribution standards in CLAUSE 5.2 (“CONTRIBUTION STANDARDS”).
5.2 Contribution Standards
5.2.1 These standards apply to any contribution you make to this Site and any interactive services associated with it. You must comply with the rules of the contributions standards.
5.2.2 CONTRIBUTIONS MUST:
188.8.131.52 be accurate in relation facts;
184.108.40.206 comply with applicable law of the United States.
5.2.3 CONTRIBUTIONS MUST NOT:
220.127.116.11 contain material that obscene, offensive, hateful, defamatory of any person or inflammatory;
18.104.22.168 contain sexually explicit material;
22.214.171.124 contain discrimination on race, sex, religion, disability, nationality, sexual orientation or age;
126.96.36.199 promote, advocate or assist any illegal act,
188.8.131.52 be made in breach of any legal duty owed to a third party, such as a duty of confidence or contractual duty;
184.108.40.206 be threatening, invade or abuse another’s privacy, cause inconvenience, annoyance, or anxiety or be likely to upset, embarrass or harass or annoy any other persons.
220.127.116.11 be used to impersonate other persons, or likely to deceive or to misrepresent your affiliation or identity with any persons; or
18.104.22.168 if this is not the case, give the impression that they emanate from us.
22.214.171.124 contain computer misuse such as virus or any other harmful component.
126.96.36.199 infringement the intellectual property rights of any other person;
5.3.1 temporary or permanent withdrawal of your right to use this Site;
5.3.2 permanent or temporary removal of any posting or uploaded material by you on this Site;
5.3.3 issue a warning to you;
5.3.4 legal proceedings against you for reimbursement of costs (including, but not limited to, administrative and legal costs) resulting from the breach;
5.3.5 further legal action; and
5.3.6 as we feel reasonably or necessary, disclosure information to law enforcement authorities
5.4 Any Contributions shall be considered and remain our property. By making a Contribution to the Site, you assign to us the worldwide rights to the contributed content. The exclusive rights in any Contributions, and shall not be limited commercial or otherwise in its use. We shall be under no obligation to maintain Contributions in confidence or pay any compensation or royalty for any Contributions. We shall have no obligation to respond to any Contributions.
5.5 Fabhair reserves the right (but not the obligation) to edit, monitor or remove any Contributions in our sole discretion. You are responsible for the content of any Contributions you make to the Site. You expressly agree to indemnify, defend and hold Fabhair harmless from all third party claims, expenses or damages (including legal fees) arising out of any Contributions you post on the Site. Fabhair and its affiliates assume no liability for any Contributions submitted by you.
6. CLAIMS OF COPYRIGHT INFRINGEMENT
6.1 We disclaim any responsibility for copyrighted materials posted on the Site. If you believe that your work has been copied and constitutes copyright infringement, please see the procedures in CLAUSE 6.3 below.
6.2 Fabhair respects the intellectual property rights and demands its users to do the same. We will respond promptly to any notices of infringement that are reported to us.
6.3 Notices of Infringement of copyright for Content on the Site
6.3.1 If you are a copyright owner, or act on behalf of a copyright owner, please report any copyright infringements by sending us a notice complying with the following requirements:
188.8.131.52 Identify the works that you claim have been infringed;
184.108.40.206 Identify or link to the URL of the material you claim is infringing
220.127.116.11 Provide your contact information; including address, telephone number and e-mail address;
18.104.22.168 Please include the following statements in the body of the notice: "I hereby state that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law. I hereby guarantee, under penalty of perjury, that the information in this Notice is accurate, that I am the owner or authorized to act on behalf of the owner of the copyright and/or the exclusive right that is allegedly infringed;" and
22.214.171.124 Provide your full legal name and your physical or electronic signature.
6.3.2 please send your completed notice to Fabhair Inc or by mail to firstname.lastname@example.org
7. DISCLAIMER OF WARRANTIES
7.1 FABHAIR DOES NOT WARRANT THAT USE OF THE SITE WILL BE ERROR-FREE , UNINTERRUPTED OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. FABHAIR SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS, MISINTERPRETATION, MISUSE OR OMISSIONS OF ANY INFORMATION OBTAINED THROUGH THE SITE. FABHAIR DOES NOT WARRANT THE COMPLETENESS, ACCURACY OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
7.2 YOU ASSUME TOTAL RISK AND RESPONSIBILITY FOR YOUR USE OF THIS SITE, AND RELATED SERVICES, AND LINKS ON THE SITE. FABHAIR DOES NOT GUARANTEE THAT FILES AVAILABLE FOR DOWNLOAD ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT FABHAIR IS NOT LIABLE FOR ANY DIRECT OR INDIRECT COST OR DAMAGE ARISING FROM USE OF THE SITE. YOU ASSUME TOTAL RISK AND RESPONSIBILITY FOR USE OF THE SITE AND OF THE INTERNET.
8. LIMITATION OF LIABILITY
8.1 FABHAIR AND ANY THIRD PARTIES ARE NOT RESPONSIBLE NOR LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION) ARISING IN ANY WAY TO USE OF THE SITE, CONTENT, INFORMATION OR SITERELATED SERVICES WITHIN THE SITE, AND/OR ANY LINKS, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED THAT SUCH DAMAGES COULD ACCURE. YOUR SOLE REMEDY FOR DISSATISFACTION IS TO STOP USING THE SITE.
9.5 Promotional features or Competitions featured on the site may have specific terms and conditions. You will need to read and accept these before making a submission.
MERCHANT OF RECORD
FABHAIR INC, 888 Main Street STE 1241, New York, NY 10044, USA
IMPORTANT: Please pay special attention to condition 2.1, 5.3 and 9.
1.1 The rules and definitions of interpretation in this condition apply in these terms and conditions (Conditions):
AGREEMENT means the Agreement between You and Us for the sale of Products, the Order Confirmation, the Order and the Website;
DELIVERY LOCATION means the place where delivery shall take place as described in the Order under the Agreement;
ORDER means any order made by You through this website.
ORDER CONFIRMATION means Our written confirmation of the Order, under these Conditions;
PRICE means the price for the Products, as described on this website;
PRODUCTS means any products to be supplied to You under this Agreement;
WE, OUR, OURS means Fabhair Inc as 'FABHAIR' (Company No: 99-0377175), a company incorporated in New York USA whose registered office is at 888 Main Street STE 1241, New York NY10044, USA;
YOU, YOUR, YOURS means the person(s), company or firm who purchases the Products from Us.
1.2 Unless a contrary intention appears:
1.2.1 masculine includes feminine and singular includes plural, and vice versa;
1.2.2 references to Conditions are, unless otherwise provided, references to these Conditions;
1.2.3 references to "writing" shall include email and facsimile.
2 FORMATION OF Agreement
2.1.1 Except as otherwise agreed referring to clause 2.3, all other conditions, terms, warranties and representations (whether oral or in writing) are excluded from the Agreement between Us and You. These Conditions supersede all and any prior promises, undertakings, representations or implications.
2.1.3 No statement, drawing or illustration in any advertisement, circular, trade literature or other such communication shall be deemed to imply any warranty, representation or condition. Any such statement, drawing or illustration is for guidance purposes only and shall not form part of this Agreement.
2.2 No terms or conditions contained, endorsed on or delivered with an Order, specification or other document shall form part of this Agreement.
2.3 No variation to these Conditions shall have effect unless agreed in writing by Fabhair Inc directors.
2.4 Until an Order Confirmation has been issued by Us, no Order placed by You shall be deemed to have been accepted by Us, and no Agreement shall be formed.
3.1 Unless agreed otherwise in writing by Us, all Prices are on ex works basis.
3.2 The Price is shown in the currency specified in your Order.
3.3 Unless otherwise stated, the Price is exclusive of Value Added Tax. Value Added Tax will be added at the appropriate rate when We take Your payment for the Products You Ordered.
If You order delivery to a Location which is not within the US, You are responsible for any importation taxes, sales taxes or other charges which may be levied at that Delivery Location. Additionally, please note that when ordering from www.fabhair.com, You are considered the importer of the Order and must comply with all laws and regulations of the country in which You are receiving the goods.
3.4 We have the right to vary the Price of the Products from time to time on reasonable notice to You. We shall not exercise our right to vary the Price of the Products after We have issued an Order Confirmation.
3.5 Whilst We endeavor to ensure that all Prices displayed on Our website are accurate, errors may occur occasionally. As soon as We become aware of an error in the pricing of a Product, we shall inform You. In such event, We shall also request Your confirmation whether You wish to proceed with the Order at the correct price or if You wish to cancel Your Order. If We, for any reason, are unable to contact, Your Order will be deemed cancelled. In respect of cancelled Orders, Any monies paid shall be refunded in full within 30 days from the cancellation date.
At the time You place Your Order, The Price shall be due and payable by You in full and cleared funds, unless otherwise agreed in writing by Us. The time of payment shall be of the core of the Agreement.
5.1 Delivery of the Products shall take place at the Delivery Location provided by You and it is Your responsibility to ensure that the address of the Delivery Location is accurate. We shall not be responsible if this Delivery Location is incorrect.
5.2 Delivery shall be fulfilled according to the timing described in your Order.
5.2.3 If We find that there is insufficient stock to fulfill Your Order, We shall try to inform You, as soon as it is reasonable to do. If parts of the Order is out of Stock, We shall try to deliver that part of Your Order which is in stock first, and then fulfill rest of Your Order when stock is in, or We reserve the right to Cancel the Order. If We cannot fulfill the above commitments for any reason, this shall not entitle You to terminate this Agreement.
5.3 Delivery times or dates in respect of deliveries are estimates only and are not guaranteed.
5.4 The time for delivery shall not be of the core of the Agreement.
5.5 We shall be entitled to deliver the Products in separate installments. Any failure or delay to deliver by Us, or any claim by You in respect of these Conditions, shall not entitle You to treat the Agreement as a whole as repudiated.
5.6 We reserve the right, at Our sole option, to cancel or withhold the delivery of any Products, in whole or in part:
5.6.1 until we received Your payment for the Products;
5.6.2 if any of the events in Condition 10.1 should occur.
5.7 You shall check the Products against the delivery note when you receive the Delivery. Unless You give Us notice of such damage, destruction, breakage or shortage within forty-eight (48) hours of the date of delivery, We shall not be liable for any damage, destruction, breakage or shortage of the Products delivered to You. The Risk in the Products shall pass to You upon delivery.
5.8 We may store the Products until delivery at a later date, at Your cost (including but not limited to storage and insurance costs), If You, for any reason, fail to take the Delivery on the date of Delivery, or We are unable to deliver the Products because You have not provided appropriate instructions, documents, licenses or authorizations. We may rescind the Agreement and sell the Products to a third party, if You fail to take delivery of the Products within fourteen (14) days following the date of the first attempted delivery.
5.9 Subject to the provisions of these Conditions, We shall not be liable for any direct, indirect or consequential loss, including but not limited to, costs, loss of profit, charges, damages, or expenses caused by any delay in the delivery of the Products (even if caused by Our negligence). Any delay in delivery of the Products, howsoever arising, shall not entitle You to terminate the Agreement.
6.1 We shall not be liable for any non-delivery of Products unless You give Us written notice within seven (7) days of receipt of Your products.
6.2 Our liability for non-delivery of the Products shall be limited, at Our sole discretion, to:
6.2.1 delivering replacement Products within a reasonable time; or
6.2.2 issuing a credit note at the pro rata Agreement rate based on the quantity of the Products which have not been delivered, against any invoice raised for such Products; or
6.2.3 refunding the price paid at the pro rata Agreement rate, for the quantity of the Products that have not been delivered;
In relation to such non-delivery, this shall be Your sole and exclusive remedy.
7 RISK AND TITLE
7.1 In accordance with Condition 5.7 above, the Products are at Your risk from the time of delivery.
7.2 Notwithstanding, until We have received in full and in cleared funds, the legal and beneficial ownership of the Products shall not pass to You.
7.2.1 until all sums due to Us in respect of the Products, You must:
7.2.2 hold the Products on a fiduciary basis as Our property;
7.2.3 store the Products separately so they remain readily identifiable as Our property, at no cost to Us;
7.2.4 not destroy, obscure or deface any identifying mark or packaging on or relating to the Products;
7.2.5 maintain the Products in satisfactory condition, insured on Our behalf for their full price against all risks to Our satisfaction;
7.2.6 hold the proceeds of the insurance referred to in Condition 7.2.5 on trust for Us and not mix them with any other money nor pay the proceeds into an overdrawn bank account,.
7.3 In respect of Products of which ownership has not passed to You:
7.3.1 You may resell the Products, solely on the following conditions:
(a) any sale shall be at full market value, effected according to the ordinary way of Your business; and
(b) any such sale shall be considered to be a sale on Your own behalf of Our property and You shall deal as principal when making such a sale ; and
(c) You shall remain liable to Us in respect of the Price of the Products which You have resold; and
7.4.2 We shall be entitled to:
(a) recover payment for the Products that has not passed ownership from Us;
(b) You require, in the following circumstances, to deliver up the Products to Us, and if You fail to do so, We may recover the Products:
(i) if You commit any material breach of any of Your obligations under these Conditions; or
(ii) if any of the events at Condition 10.1occur.
7.5 You hereby grant Us, our employees, agents or sub-contractors an irrevocable license at any time to enter premises where the Products are or may be stored, to inspect or to recover these Products where Your right to possession has terminated.
7.6 You shall be deemed to have sold all Products in the Order in which We invoiced such Products to You, if We are unable to determine whether Your right to possession has terminated in respect of any Products.
7.7 Our rights, but not Yours, under this Condition 7 shall remain in full force and effect on termination of the Agreement, howsoever arising.
8 FAULTY PRODUCTS
8.1 In the event that any Products are found to be faulty within the earlier of twelve (12) months:
8.1.1 of the date You purchased the Products for Your own use; or
8.1.2 of the date of the sale by You to an end user (if You purchased the Products as a retailer); and such date of purchase or sale (whichever is appropriate) is duly evidenced by the provision of a copy of the relevant proof of purchase or sale, You shall be entitled to return such Products to Us. However, for any Hair Product, the packaging needs to be unbroken and remain intact.
8.2 In the event that We reasonably consider any Product returned in accordance with Condition 8.1 is:
8.2.1 not faulty; or
8.2.2 damaged or otherwise caused to be unworkable as a result of any of Your actions and/or that of the end user of the Product;
We may at return the same Product to You and We reserve the right to require You to reimburse Us for Our reasonable expenses in examining and returning such Products to You, at our sole discretion. In respect of these Products, We shall have no further obligations to You.
8.3 Subject to Conditions 8.1 and 8.2, We shall, at our absolute discretion:
8.3.1 repair or replace faulty Products; or
8.3.2 refund the price pro rata to the Price paid under the Agreement of faulty Products, based on the quantity of the Products that are faulty.
9 LIMITATION OF LIABILITY
9.1 Fabhair Inc shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if You or We have been advised of the possibility of such damages. Our Academy section on this website shall be considered as advisory purposes only and shall under no circumstances be considered or interpreted as a set of rules or instruction for use. Fabhair inc shall specifically not be held responsible for any claim arising from damage or loss of hair arising from use of any Products sold under this agreement. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
9.2 Subject to Condition 10.1:
9.2.1 Our total liability in the Agreement shall be limited to the Price payable for the Products under the Agreement; and
9.2.2 We shall not be liable in Agreement, tort (including negligence), statutory duty or otherwise howsoever for any claim, damage, loss or costs in respect of (whether direct or indirect):
(a) loss of profit; (b) loss of use; (c) loss of anticipated Agreements and/or savings; (d) loss of goodwill; (e) loss of opportunity; (f) loss of business and/or business interruption; or (g) any indirect loss or consequential or special loss or damage;
and both You and We hereby acknowledge that each type of loss under this Condition shall be severable in accordance with Condition 13.2.
9.3 We shall also not be liable for, and You shall indemnify and keep indemnified Us against, any and all actions, awards, proceedings or claims, complaints, costs, expenses (including legal expenses and disbursements), penalties, damage or loss arising by reason of the sale and/or use of the Products after You become aware of any defect in the Products, or after circumstances have occurred which should reasonably have indicated to You of the existence of a defect in the Products.
10.1 You have a right to cancel this Agreement within seven working days beginning with the day after the day on which this Agreement is concluded. If You wish to cancel the Agreement, You must let Us know in writing by letter, fax or email and comply with Our returns policy as shown under Return Policies. We shall provide you with a full refund of the Price paid within 30 days from the date on which You give Us notice of cancellation.
10.2 We are entitled to terminate the Agreement immediately on written notice if:
10.2.1 You fail to observe or perform any of Your obligations under the Agreement; or
10.2.2 (being an individual or partnership):
(a) You suspend, or threaten to suspend, payment of Your debts, or are unable to pay Your debts as they fall due, or admit Your inability to pay Your debts, or are deemed either unable to pay Your debts or as having no reasonable prospect of so doing.
(b) You make or propose to make an arrangement or composition with Your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors;
(c) You are or propose to become the subject of a bankruptcy petition or order;
(d) You die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing Your own affairs or become a patient under any mental health legislation;
10.2.3 (being a company):
(a) You are, or We reasonably consider You to be, unable to pay Your debts when they fall due;
(b) You make or propose to make any arrangement or composition with Your creditors or make an application to a court of competent jurisdiction for the protection of Your creditors in any way;
(c) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with Your winding up;
(d) an application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed over You;
(e) a floating charge holder over Your assets has become entitled to appoint or has appointed an administrative receiver;
(f) a person becomes entitled to appoint a receiver over Your assets or a receiver is appointed over Your assets;
10.2.4 You suffer actions analogous to those described in Conditions 11.2.2 and/or
10.2.3 in any jurisdiction;
10.2.5 We, acting reasonably, have serious doubts as to Your solvency;
10.2.6 any distrait is levied against You or Your property by any third party;
10.2.7 You cease, or threaten to cease, to carry on all or a substantial part of Your business; or
10.2.8 You are late in paying, or do not pay, any monies due to Us from You.
12.1 Each party shall, and shall procure that their employees, agents, representative and sub-Contractors shall, keep secret and not disclose any Confidential Information in relation to the other party obtained by reason of the Agreement, except information that is in the public domain.
12.2 The obligations under Condition 12.1 will not apply to the extent that the Confidential Information (based on documentary evidence):
12.2.1 is already publicly known at the time it is disclosed to the receiving party;
12.2.2 later becomes publicly known other than as a result of a breach by the receiving party of Condition 12.1;
12.2.3 was already known to the receiving party before it was disclosed;
12.2.4 is required to be disclosed by the receiving party by a court order or statutory law, provided that the receiving party will inform the disclosing party as soon as possible of any such obligation to disclose; provided always that if the receiving party is seeking to rely upon any of the exceptions set out above then the Confidential Information shall not be deemed to be within one of the exceptions merely because it is in more general information within such exceptions. In addition, any combination of features disclosed will be deemed to be within the public domain only if both the combination itself and its use fall within the exceptions.
12.3 This Condition 12 shall apply during the continuance of the Agreement and after its termination howsoever arising.
13 FORCE MAJEURE
We reserve the right to defer the date of delivery of the Products or to cancel the Agreement without liability to You, and We shall not be liable for any failure to meet Our obligations under the Agreement if We are prevented from, or delayed in, the carrying on of Our business due to circumstances beyond Our reasonable control, including, but not limited to, acts of God, governmental actions, war or national emergency, acts of terrorism, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, snow, explosion, flood, storm, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to Our workforce), failure of a utility service or transport network, or restraints or delays affecting carriers or inability or delay in obtaining supplies or adequate or suitable materials, or other similar events.
14.1 You expressly acknowledge and agree that, in entering into the Agreement, You do not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Agreement or not) relating to the subject matter of the Agreement, other than as expressly set out in the Agreement.
14.2 If any provision of the Agreement or these Conditions is held invalid, illegal or unenforceable by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if the Agreement had been executed with the invalid, illegal or unenforceable provision eliminated.
14.3 Each of Our right or remedy under the Agreement is without prejudice to any other rights or remedies belonging to Us, whether under the Agreement or not.
14.4 Any failure or delay by Us in enforcing or partially enforcing any of Our rights or remedies under the Agreement shall not be construed as a waiver of any of Our rights under the Agreement and shall not prevent Us from later reasserting such rights or remedies.
14.5 Any notice or other communication given under these Conditions shall be in writing and shall be served by delivering it personally or sending it by pre-paid recorded delivery or registered post or fax or email to Our registered office and Your address, as set out in the Agreement, or such other address as shall be notified by each party to the other from time to time.
14.6 Any such notice shall be deemed to have been received:
14.6.1 at the time of delivery, if personally delivered; or
14.6.2 forty-eight (48) hours from the date of posting in the case of pre-paid recorded delivery or registered post; or
14.6.3 at the time of transmission, if sent by fax; or
14.6.4 at the time the email is available to be read in the recipient's in-box, if sent by email; but if notice is not received within business hours (meaning 9 am to 5 pm Monday to Friday, except a public holiday in the place of receipt), the notice shall be deemed to have been received when business next starts.
14.7 Except as otherwise provided in these Conditions or the Agreement, a person who is not a party to the Agreement shall have no rights pursuant to the Agreements (Rights of Third Parties) to enforce any term of these Conditions or the Agreement.
14.8 You shall not be entitled to assign, sub-Agreement or otherwise dispose of the Agreement or any part of it without Our prior written consent.
14.9 We may assign or sub-Agreement all or any part of Our obligations under the Agreement to any person, firm or company.
14.10 The formation, existence, construction, performance, validity and all aspects of the Agreement shall be governed by, and construed in accordance with, US law and both You and We submit to the exclusive jurisdiction of the US courts.
14.11 If You have any comments, questions or requests regarding the Products, please contact Us at 888 Main Street STE 1241, NY10044 New York USA, via e-mail at email@example.com
What we collect
We may collect the following information:
- contact information including email address
- demographic information such as postcode, preferences and interests
- other information relevant to customer surveys and/or offers
For the exhaustive list of cookies we collect see the List of cookies we collect section.
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- We may use the information to improve our products and services.
- We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
- whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
- if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at firstname.lastname@example.org
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to .
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
The table below lists the cookies we collect and what information they store.
|COOKIE name||COOKIE Description|
|CART||The association with your shopping cart.|
|CATEGORY_INFO||Stores the category info on the page, that allows to display pages more quickly.|
|COMPARE||The items that you have in the Compare Products list.|
|CURRENCY||Your preferred currency|
|CUSTOMER||An encrypted version of your customer id with the store.|
|CUSTOMER_AUTH||An indicator if you are currently logged into the store.|
|CUSTOMER_INFO||An encrypted version of the customer group you belong to.|
|CUSTOMER_SEGMENT_IDS||Stores the Customer Segment ID|
|EXTERNAL_NO_CACHE||A flag, which indicates whether caching is disabled or not.|
|FRONTEND||You sesssion ID on the server.|
|GUEST-VIEW||Allows guests to edit their orders.|
|LAST_CATEGORY||The last category you visited.|
|LAST_PRODUCT||The most recent product you have viewed.|
|NEWMESSAGE||Indicates whether a new message has been received.|
|NO_CACHE||Indicates whether it is allowed to use cache.|
|PERSISTENT_SHOPPING_CART||A link to information about your cart and viewing history if you have asked the site.|
|POLL||The ID of any polls you have recently voted in.|
|POLLN||Information on what polls you have voted on.|
|RECENTLYCOMPARED||The items that you have recently compared.|
|STF||Information on products you have emailed to friends.|
|STORE||The store view or language you have selected.|
|VIEWED_PRODUCT_IDS||The products that you have recently viewed.|
|WISHLIST||An encrypted list of products added to your Wishlist.|
|WISHLIST_CNT||The number of items in your Wishlist.|