Terms & Conditions Of Website Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Terms of website use
Other applicable terms
· Our Acceptable Use Policy >>, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
If you purchase goods from our site, our Terms and conditions of sale (see below) will apply to the sales.
Information about us
www.burnhills.com is a site operated by Burnhill Services Ltd ("We"). We are registered in England and Wales under company number 4499108 and have our registered office at Unit C Middleton Business park, Cartwright Street, Cleckheaton, West Yorkshire, BD19 5LY, which is also our main trading address. Our VAT number is 253271519.
We are a limited company.
Changes to these terms
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Changes to our site
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
[Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.]
Your account and password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com or by telephone on 01274 872 423.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
No reliance on information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
Limitation of our liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
· use of, or inability to use, our site; or
· use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
· loss of profits, sales, business, or revenue;
· business interruption;
· loss of anticipated savings;
· loss of business opportunity, goodwill or reputation; or
· any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and conditions of sale (see below).
Uploading content to our site
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy >>.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. [If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.]
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us [and other users of the Site] a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you licence).
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy >>.
The views expressed by other users on our site do not represent our views or values.
You are solely responsible for securing and backing up your content.
Rights you licence
When you upload or post content to our site, you grant the following licenses:
· A worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the services provided by our site and across different media and to promote the site or services; and
· A worldwide, non-exclusive, royalty-free, transferable licence to allow third parties to use the content for their purposes.
We will only ever use your materials to carry out your instructions to us – unless, very exceptionally, a court or other regulator orders us to disclose them.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy >>.
If you wish to make any use of content on our site other than that set out above, please contact firstname.lastname@example.org
Third party links and resources in our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
To contact us, please email email@example.com
Thank you for visiting our site.
Terms & Conditions Of Sale
The following standard conditions apply to every order accepted by us for the Goods.
1.1 In these Conditions
“Conditions” means our standard conditions of sale set out in this hyperlink (headed “CONDITIONS OF SALE”) that you must click/pass through before registering as a user of the Website and placing any Order;
“the Contract” means the Order and our acceptance of it together with the Conditions;
“the Goods” means the products shown on the Website that are the subject of the Contract;
“Information” means the information set out on the email sent by us to you under Condition 2.3 which contains information about us and your rights of cancellation;
“the Order” means the electronic order placed by you via the Order Form that appears at the end of the Conditions for the provision of the Goods;
“Order Form” means the electronic order form with mandatory fields contained within it completed by you so as to place the Order;
“Website” means this our website accessible through the following domain names/URL:
“we” “us” “our” means Burnhill Services Limited (company number 4499108) whose registered office is at Unit C, Middleton Business Park, Cartwright Street, Cleckheaton, West Yorkshire, BD19 5LY; and
“you” your” means the person whose Order is accepted by us.
2 Prior Information, Offer and Acceptance
2.1 We will sell and you will purchase the Goods in accordance with any Order that we accept, subject to these Conditions.
2.2 On placing any Order we shall send to you an email in standard form to the email address stated on the Order Form to confirm that we have received your Order. For the avoidance of doubt this confirmation is not our acceptance of the Order.
2.3 We will accept the Order by sending you an e-mail in standard form to the e-mail address stated in the Order Form when we are in a position to do so. Our acceptance email will contain the Information.
2.4 Our acceptance of the Order will be valid notwithstanding that you do not open either of the e-mails sent under Condition 2.2 and Condition 2.3.
2.5 Our acceptance of the Order will be valid notwithstanding that the e-mail sent under Condition 2.3 was sent to an e-mail address not used by you, provided that the e-mail corresponds to that shown on the Order Form.
2.6 We have the right not to accept an Order for any reason whatsoever.
3.1 You are responsible for the accuracy of the Order and the information provided to us on the Order Form.
3.2 You are not entitled to cancel an Order once that order has been accepted by us otherwise than in accordance with these Conditions.
4.1 The price of the Goods is the price shown on our website at the time of the Order.
4.2 The price of the Goods is inclusive of Value Added Tax (where applicable).
5 Delivery Charge
5.1 A charge is payable for the delivery of the Goods. The standard delivery charge is calculated automatically and will be clearly shown in your shopping basket.
5.2 The amount of the delivery charge will only be refundable on any return of the Goods if the Goods are retuned in accordance with these Conditions.
6.1 We will only accept payment from you that is made by way of a credit card or debit card that is recognised by the Website’s payment gateway.
6.2 All credit card and debit card details are checked and verified by a third party.
7.1 Delivery of the Goods will be by authorised courier or post.
7.2 Delivery will only be made once authorisation of the credit card or debit card payment has been received. If authorisation is declined, we will inform you of this by email.
7.3 We will aim to make delivery of the Goods to addresses inside the United Kingdom within 1 to 5 days of authorisation of the credit card or debit card payment being received.
7.4 The period in which delivery of the Goods is made may vary from one Order to another according to demand for the Goods that are the subject of the Order.
7.5 For the avoidance of doubt periods quoted for the delivery of the Goods are approximate only.
7.6 Time of delivery is not of the essence.
7.7 When taking delivery you must ensure that the package(s) are undamaged you should notify our customer services team immediately if any of the packages or products are missing or damaged.
8 Right to Return & Repayment
8.1 You have the right to cancel the Contract and return the Goods to us if you send a notice of such cancellation to us within 14 days beginning on the day you receive the Goods.
8.2 The notice of cancellation must be sent either by e-mail to the e-mail address for us shown on the Information Page or by post to the address for us shown on the Information Page.
8.3 We will reimburse you the sum paid by you for the Goods excluding the delivery charge paid by you as soon as possible and in any case within 30 days of our receiving your notice of cancellation.
8.4 You must return the Goods to us in an unused state and in the original packaging within 30 days beginning on the day you receive the Goods
9 Risk & Title
Title and risk of damage to or loss of the Goods will pass to you once the Goods are delivered to the geographical address given by you on the Order Form.
10.1 We will not be liable for late or non-delivery of the Goods caused as a result of the third party used by us to take payment under Condition 6 terminating or suspending its agreement with us.
10.2 We will not be liable for late or non-delivery of the Goods caused by the third party used by us to take payment under Condition 6 classing your payment as Declined, Referral or Not Authorised.
10.3 We will not be liable for any loss you suffer as a result of inaccurate information on the Order Form.
10.4 The Goods may occasionally be out of stock. Where the Goods are not available We will endeavour to deliver them to you as soon as practicable. In the event that delivery of the Goods is not possible within 30 days we will only be liable to you for the price of the Goods and any delivery charges paid by you in respect of the Goods.
10.5 We will not be liable for any loss suffered by you as a result of any delay in dispatch or delivery of the Goods.
10.6 We will not be liable for any loss suffered by you for late or non-delivery of the Goods to countries outside of the United Kingdom caused by either Customs & Excise in the case of the UK or any boarder control authority in the case of the destination country. We will only refund the price and delivery charges to you in these circumstances if the Goods are returned to us.
10.7 You must inspect the Goods immediately upon receiving them. We will not be liable for any defects if the Goods are not returned to us in accordance with Condition 8.
10.8 If any items are missing from your delivery, you must notify us that of the missing item(s) within 48 hours of receipt of your delivery.
10.9 We will not be liable for any damage to the Goods caused by wear and tear.
11 Indemnity10.7 You must inspect the Goods immediately upon receiving them. We will not be liable for any defects if the Goods are not returned to us in accordance with Condition 8.
You undertake to indemnify us against the claims relating to or arising from the Goods sold to you by us in respect of any loss, damage or expense sustained by a third party howsoever caused save for death or personal injury caused in whole or in part by our negligence.
12 Data Protection
12.1 The information that you input on the Order Form (“Order Data”) will be treated as confidential and will be held by us in a secure manner for as long as we consider necessary for ensuring that the Contract is performed by you and us as the case may be.
12.2 The period that the Order Data is held by us under Condition 12.1 will differ from Contract to Contract in each case.
12.3 Once we consider that holding the Order Data is no longer necessary, the Order Data will be destroyed in a secure manner.
12.4 We will not pass the Order Data to any third party.
12.5 We may use the Order Data for our own advertising purposes only if you have given consent to this at the point of registering to use the Website.
13 Force Majeure
13.1 We will not be liable to you or be deemed to be in breach of the Contract by reason of any delay in performing, or failure to perform, any of our obligations in relation to the Contract if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control:-
13.1.1 Act of God, explosion, flood, tempest, fire or accident;
13.1.2 war or threat of war, sabotage, civil disturbance or requisition;
13.1.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
13.1.4 import or export regulations or embargoes;
13.1.5 strikes, lock-outs or other industrial actions or trade disputes (whether involving any of our employees or a third party);
13.1.6 difficulties experiences by our suppliers in obtaining raw materials, labour or machinery;
13.1.7 power failure or breakdown of our suppliers’ machinery.
14.1 Save for any of our own branded products when the intellectual property rights shall be ours, any intellectual property rights that subsist in the Goods shall belong to a third party and you must not do anything that will cause or result in the breach of any such intellectual property rights, including any intellectual property rights that are or may be ours.
14.2 If you make any voluntary arrangement with your creditors or become subject to an administration order or become bankrupt; or (being a company) go into liquidation (other than from the purposes of amalgamation or reconstruction) or an encumbrancer takes possession, or a receiver is appointed, over any of your property or assets, then we will be entitled to cancel any uncompleted Order or to withhold or suspend delivery of any Goods and you will indemnify us against all loss including loss of profit, costs and all other expenses and damages connected with the Order.
14.3 Any notice required or permitted to be given by either party under these Conditions will be acceptable as follows:
14.3.1 to us in writing sent by post to the geographical address shown on the Information Page or by e-mail sent to the e-mail address shown on the Information Page; and
14.3.2 to you by writing sent by post to the geographical address shown on the Information Page by e-mail sent to the e-mail address shown on the Information Page.
14.4 If any of the provisions of this Contract is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions in question shall not be affected thereby.
14.5 The Contract shall be governed by the laws of England and for the purposes of settlement of any disputes arising out of or in conjunction with these Conditions or the Contract the parties hereby irrevocably submit themselves to the exclusive jurisdiction of the English Courts.