Please read these Terms carefully before ordering any Products from the Website. You acknowledge that by ordering any of our Products, you agree to be bound by these Terms. Please print and retain a copy of these Terms for future reference. Please click on the button marked "I Accept" at the end of the Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from the Website online.
INFORMATION ABOUT EBUZ
The Website is operated by Ebuz Limited is registered in England and Wales under company number 05448974 with its registered office at 97Whittington Avenue, Hayes, Middlesex UB4 0AE.
WEBSITE AVAILABILITY
The Website is only intended for use by people resident in the United Kingdom and Europe. Ebuz does not accept orders from individuals outside the United Kingdom and Europe. 2.2 Ebuz may suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension. 2.3 Ebuz reserves the right to make any changes to the Website or to discontinue any aspect or feature of the Website without notice. 2.4 In the event that Ebuz, in its sole discretion, considers that you are making any illegal and/or unauthorized use of the Website, and/or your use of the Website is in breach of these Terms, Ebuz reserves the right to take any action that it deems necessary, including terminating without notice your use of the Website and, in the case of illegal use, instigating legal proceedings. YOU’RE STATUS By placing an order through the Website, you warrant that: (a) You are legally capable of entering into binding contracts; and (b) You are at least 18 years old; and (c) You are resident in the United Kingdom.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND EBUZ
4.1 After placing an order, you will receive an e-mail from Ebuz acknowledging that Ebuz have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to Ebuz to buy a Product. All orders are subject to acceptance by Ebuz and Ebuz will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between Ebuz and you (Contract) will only be formed when Ebuz send you the Dispatch Confirmation. 4.2 Each Contract relates only to those Products whose dispatch Ebuz has confirmed in the Dispatch Confirmation. Ebuz shall not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed by way of a Dispatch Confirmation.
EBUZ STATUS
Ebuz may provide links on the Website to the websites of other companies, whether affiliated with Ebuz or not including [insert names of third parties already identifiable]. Ebuz cannot give any undertaking that products you purchase from any third party sellers will be of satisfactory quality, and any such warranties are disclaimed by Ebuz absolutely. This disclaimer does not affect your statutory rights against any third party seller. Ebuz will notify you when a third party is involved in a transaction.
CONSUMER RIGHTS
6.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in paragraph 10 below). 6.2 To cancel a Contract, you must inform Ebuz in writing and return the Product(s) to Ebuz immediately, in the same condition in which you received them, and at your own cost and risk. 6.3 You will not have any right to cancel a Contract for the supply of any computer software on which you have broken the seal or any hardware which has been specially adapted to meet your specifications. 6.4 The provisions of this paragraph 6 do not affect your statutory rights.
AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
RISK AND TITLE
8.1 The Products will be at your risk from the time of delivery. 8.2 Ownership of the Products will only pass to you when Ebuz receives full payment of all sums due in respect of the Products, including delivery charges.
PRICE AND PAYMENT
9.1 The price of any Products will be as quoted on the Website from time to time, except in cases of obvious error. 9.2 These prices include VAT but exclude delivery costs, which will be added to the total amount. 9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which Ebuz has already sent you a Dispatch Confirmation. 9.4 The Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Website may be incorrectly priced. Ebuz will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, Ebuz will charge the lower amount when dispatching the Product to you. If a Products correct price is higher than the price stated on the Website, Ebuz will normally, at its discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. 9.5 Ebuz is under no obligation to provide the Product to you at the incorrect (lower) price, even after Ebuz has sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing.
EBUZ REFUNDS POLICY
10.1 When you return a Product to Ebuz (for instance, because you have cancelled the Contract, or have notified Ebuz in accordance with paragraph 15 that you do not agree to any change in the Terms or in any of Ebuz's policies, or because you claim that the Product is defective), Ebuz will examine the returned Product and will notify you of any refund via e-mail within a reasonable period of time. Ebuz will usually refund any money received from you using the same method originally used by you to pay for your purchase. Ebuz will usually process the refund due to you as soon as possible and, in any case; within 30 days of the day Ebuz received your cancellation or the day Ebuz confirmed to you via e-mail that you were entitled to a refund for delivery of the Product. 10.2 Products returned by you because of a defect will be refunded in full, including a refund of any standard delivery charges for sending the item to you and the cost incurred by you in returning the item to Ebuz. 10.3 Products returned by you within the seven-day cooling-off period (referred to in paragraph 6.1 above) will be refunded in full, including the cost of sending the item to you. Ebuz will not be responsible for the cost of returning the item to Ebuz.
EBUZ LIABILITY
11.1 Except as otherwise set out below, Ebuz's liability in connection with any Product purchased through the Website is strictly limited to the purchase price of that Product. 11.2 Paragraph 11.1 above does not exclude or limit in any way Ebuz liability: (a) For death or personal injury caused by Ebuz negligence; (b) Under section 2(3) of the Consumer Protection Act 1987; (c) For fraud or fraudulent misrepresentation; or (d) For any matter for which it would be illegal for Ebuz to exclude, or attempt to exclude, Ebuz liability. 11.3 Ebuz accepts no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. 11.4 Where you buy any Product from a third party seller through the Website, the seller's individual liability will be set out in the seller's terms and conditions.
DATA PROTECTION AND PRIVACY POLICY
12.1 Ebuz is committed to protecting (me) the privacy of users of the Website; and (ii) the confidentiality of the information provided to it by users of the Website. 12.2 Ebuz is the data controller of your data submitted using the website. 12.3 Ebuz reserves the right to gather information relating to use of the Website. By using the Website you consent to collection and use of this information by the Ebuz and by creating an account at the Website you consent to Ebuz contacting you to provide you with newsletters and marketing information. 12.4 Information about users of the Website may be stored in a cookie (a small file that is sent by our web server to your computer), which can be accessed when you make return visits to the Website. 12.5 Your personal data will be handled in accordance with Ebuz Data Protection and Privacy Policy, which can be view here {https://www.ebuzuk.com/terms_privacy.asp}
INTELLECTUAL PROPERTY RIGHTS
13.1 Other than in relation to links to third party websites, Ebuz owns or has a license to use all right, title and interest in and to the Website, including without limitation all copyright and any other intellectual property rights therein. These Terms shall not be construed to convey title to or ownership of the Website or the data contained therein to the user. All rights in and to the Website not expressly granted hereunder are reserved by Ebuz. 13.2 You are granted a non-transferable, non-exclusive, royalty-free, revocable license to view the content of the Website. 13.3 You are expressly prohibited from: (a) Reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website; and (b) removing, modifying, altering or using any registered or unregistered marks/logos owned by Ebuz, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of The Administrator or could be considered an infringement any of the intellectual property rights owned and/or licensed to Ebuz, Without first obtaining the written permission of Ebuz
WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications Ebuz send to you should be in writing. When using the Website, you accept that communication with Ebuz will be mainly electronic. Ebuz will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Ebuz provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
NOTICES
All notices given by you to Ebuz must be given to Ebuz at 97 Whittington Avenue, Hayes Middlesex UB4 0AE. Ebuz may give notice to you at either the e-mail or postal address you provide to Ebuz when placing an order, or in any of the ways specified in paragraph 14. Notice will be deemed received and properly served immediately when posted on our website, 48 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
16.1 The contract between you and Ebuz is binding on you and Ebuz and on our respective successors and assigns. 16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without Ebuz prior written consent. 16.3 Ebuz may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of its rights or obligations arising under it, at any time during the term of the Contract.
EVENTS OUTSIDE OUR CONTROL
17.1 Ebuz will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). 17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) Strikes, lock-outs or other industrial action. (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. (e) Impossibility of the use of public or private telecommunications networks. (f) The acts, decrees, legislation, regulations or restrictions of any government. (g) The failure of suppliers of Ebuz to comply with the terms of supply agreements entered into with Ebuz. 17.3 Ebuz performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and Ebuz will have an extension of time for performance for the duration of that period. Ebuz will use reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which its obligations under the Contract may be performed despite the Force Majeure Event.
WAIVER
18.1 If Ebuz fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of the Terms, or if Ebuz fail to exercise any of the rights or remedies to which Ebuz are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. 18.2 A waiver by Ebuz of any default shall not constitute a waiver of any subsequent default. 18.3 No waiver by Ebuz of any of the Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 14 above.
SEVERABILITY
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
ENTIRE AGREEMENT
20.1 These Terms and any document expressly referred to in them represent the entire agreement between Ebuz and you in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. 20.2 You and Ebuz each acknowledge that, in entering into a Contract, neither of parties has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in the Terms. 20.3 Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other parties only remedy shall be for breach of contract as provided in the Terms. OUR
RIGHT TO VARY THE TERMS
21.1 Ebuz have the right to revise and amend the Terms from time to time. 21.2 You will be subject to the policies and terms and conditions in force at the time that you order products from Ebuz, unless any change to those policies or the Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if Ebuz notify you of the change to those policies or the Terms before Ebuz send you the Dispatch Confirmation (in which case Ebuz have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
LAW AND JURISDICTION
Contracts for the purchase of Products through the Website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.
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