| 1. |
INTRODUCTION |
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| 1.1 |
You will be able to access most
areas of this Website without registering your details with us. Certain
areas of this Website are only open to you if you register. |
| 1.2 |
We may revise these terms and
conditions at any time by updating this posting. You should check this
Website from time to time to review the then current terms and conditions,
because they are binding on you. Certain provisions of these terms and
conditions may be superseded by expressly designated legal notices or
terms located on particular pages of this Website. If you do not wish to
accept any new terms and conditions after we have given notice, you should
not continue to use this Website. |
| 1.3 |
If you have any concerns about
material on our site, please contact us by email at [email protected] |
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| 2. |
ORDERING FROM US |
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2.1
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You are deemed to place an order
with us by ordering via our online checkout process. As part of our
checkout process you will be given the opportunity to check your order and
to correct any errors. We will send you an order acknowledgement,
detailing the products you have ordered. |
2.2
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Our acceptance of an order takes
place when we despatch the order. We will send you a despatch confirmation
by email. When we despatch the order the purchase contract will be made ,
unless we have notified you that we do not accept your order or you have
cancelled your order. |
| 2.3 |
We may refuse to accept an
order: |
| (a) |
where goods, services or information
ordered by you are not available; |
| (b) |
where we cannot obtain authorisation
for your payment; |
| (c) |
if there has been a pricing or
product description error; or |
| (d) |
if you do not meet any eligibility
criteria set out in our terms and conditions. |
| (e) |
if we do not deliver to your
area; |
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Where we do not accept your order
but have processed your payment, we will re-credit your account with any
amount deducted by us from your debit or credit card as soon as possible,
but in any event within 30 days of your order. We will not be obliged to
pay any additional amount as compensation for disappointment. |
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| 3. |
PRICING |
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| 3.1 |
All prices include VAT (where
applicable) at the current rates. We reserve the right to express the
price exclusive of VAT, but we shall show VAT separately and include it in
the total price. |
| 3.2 |
Where we charge separately for
packing, carriage and insurance and other relevant charges, the
appropriate rates are set out in our specified pricing structure shown
elsewhere on this Website. |
| 3.3 |
Our prices are reviewed periodically
every 3 months. |
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| 4. |
DELIVERY |
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| 4.1 |
We will deliver goods ordered by you
as soon as possible to the address you give us for delivery, but in any
event within 28 days of your order. |
| 4.2 |
If the goods we deliver are not what
you ordered or are damaged or defective or the delivery is of an incorrect
quantity, we shall have no liability to you unless you notify us in
writing, at our contact address, of the problem within 10 working days of
the delivery of the goods in question. |
| 4.3 |
If you do not receive goods ordered
by you within 28 days of the date on which you ordered them, we shall have
no liability to you unless you notify us in writing at our contact address
of the problem within 10 days of our maximum delivery period of 28 from
the date on which you ordered the goods. |
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| 5. |
LIABILITY |
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| 5.1 |
If the goods we deliver are not what
you ordered or are damaged or defective or the delivery is of an incorrect
quantity, we shall have no liability to you unless you notify us in
writing at our contact address of the problem within 10 working days of
the delivery of the goods in question. |
| 5.2 |
If you do not receive goods ordered
by you within 28 days of the date on which you ordered them, we shall have
no liability to you unless you notify us in writing at our contact address
of the problem within 10 days of our maximum delivery period of 28 from
the date on which you ordered the goods. |
| 5.3 |
If you notify a problem to us under
this condition, our only obligation will be, at your option: |
| (a) |
to make good any shortage or
non-delivery; |
| (b) |
to replace or repair any goods that
are damaged or defective; or |
| (c) |
to refund to you the amount paid by
you for the goods in question in whatever way we choose. |
| 5.4 |
Save as precluded by law, we will
not be liable to you for any indirect or consequential loss, damage or
expenses (including loss of profits, business or goodwill) howsoever
arising out of any problem you notify to us under this condition and we
shall have no liability to pay any money to you by way of compensation
other than to refund to you the amount paid by you for the goods in
question under clause 5.3(c) above. |
5.5
|
You must observe and comply with all
applicable regulations and legislation, including obtaining all necessary
customs, import or other permits to purchase goods from our site. The
importation or exportation of certain of our goods to you may be
prohibited by certain national laws. We make no representation and accept
no liability in respect of the export or import of the goods you
purchase. |
| 5.6 |
Notwithstanding the foregoing,
nothing in these terms and conditions is intended to limit any rights you
might have as a consumer under applicable local law or other statutory
rights that may not be excluded nor in any way to exclude or limit our
liability to you for any death or personal injury resulting from our
negligence. |
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| 6. |
CANCELLATION OF CONTRACTS FOR GOODS
AND RETURNS POLICY |
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| 6.1 |
If you wish to cancel your
order: |
(a)
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you can notify us by email to
[email protected]
before we have dispatched the goods to you; or |
(b)
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where goods have already been
dispatched to you, by returning goods to us in accordance with clauses 6.2
and 6.3 below. |
6.2
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All bottles sold through this
website are individually hand made to order. For this reason, our returns
policy includes some restrictions. |
(a)
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You may return goods you have
ordered from us at any time and for any reason within 28 days of
receipt. Shipping charges are non-refundable and the costs of returning
the goods to us shall be borne by you. |
(b)
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Upon receipt of the goods, we will
issue you with a refund or exchange credit for the value of the goods,
after deduction of the remanufacturing costs specified in clause 6.3
below. |
6.3
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All "bottle copies" can be damaged
by customer handling, storage and shipping. In order to ensure stringent
quality standards are maintained, Bottle Copies requires that before
resale, all returned goods must be individually remanufactured. This
manual process involves significant labour costs. For this reason each
bottle that is returned to us will incur a discounted remanufacturing fee
of €2.00. In calculating any refund for returned goods, Bottle Copies will deduct €2.00 from the original sale value of every bottle
returned to us. |
6.4
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The rights to return the goods to us
as referred to in clause 6.2 will not apply in the following
circumstances: |
| (a) |
in the event that the product has
been used |
| (b) |
to any "Special Request" products
that have been custom made for you |
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The provisions of this clause 6.4 do
not affect your statutory rights. |
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| 7. |
LICENCE |
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| 7.1 |
You are permitted to print and
download extracts from this Website for your own use on the following
basis: |
| (a) |
no documents or related graphics on
this Website are modified in any way; |
| (b) |
no graphics on this Website are used
separately from accompanying text; and |
| (c) |
any of our copyright and trade mark
notices and this permission notice appear in all copies. |
| 7.2 |
Unless otherwise stated, the
copyright and other intellectual property rights in all material on this
Website (including without limitation photographs and graphical images)
are owned by us or our licensors. For the purposes of these terms and
conditions, any use of extracts from this Website other than in accordance
with clause 5.1 above for any purpose is prohibited. If you breach any of
the terms in these terms and conditions, your permission to use this
Website automatically terminates and you must immediately destroy any
downloaded or printed extracts from this Website. |
| 7.3 |
Subject to clause 7.1, no part of
this Website may be reproduced or stored in any other website or included
in any public or private electronic retrieval system or service without
our prior written permission. |
| 7.4 |
Any rights not expressly granted in
these terms are reserved. |
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| 8. |
SERVICE ACCESS |
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8.1
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While we endeavour to ensure that
this Website is normally available 24 hours a day, we will not be liable
if for any reason this Website is unavailable at any time or for any
period. |
8.2
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Access to this Website may be
suspended temporarily and without notice in the case of system failure,
maintenance or repair or for reasons beyond our control. |
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| 9. |
VISITOR MATERIAL AND CONDUCT |
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9.1
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Other than personally identifiable information,
which is covered under the Privacy Policy (CLICK HERE FOR PRIVACY POLICY), any material you transmit or post to this Website
will be considered non-confidential and non-proprietary. We will have no
obligations with respect to such material. We and our nominees will be
free to copy, disclose, distribute, incorporate and otherwise use such
material and all data, images, sounds, text and other things embodied
therein for any and all commercial or non-commercial
purposes |
9.2
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You are prohibited from posting or
transmitting to or from this Website any material: |
(a)
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that is threatening, defamatory,
obscene, indecent, seditious, offensive, pornographic, abusive, liable to
incite racial hatred, discriminatory, menacing, scandalous, inflammatory,
blasphemous, in breach of confidence, in breach of privacy or which may
cause annoyance or inconvenience; |
| (b) |
for which you have not obtained all
necessary licences and/or approvals; |
(c)
|
which constitutes or encourages
conduct that would be considered a criminal offence, give rise to civil
liability, or otherwise be contrary to the law of or infringe the rights
of any third party, in the UK or any other country in the world;
or |
(d)
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which is technically harmful
(including, without limitation, computer viruses, logic bombs, Trojan
horses, worms, harmful components, corrupted data or other malicious
software or harmful data). |
9.3
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You may not misuse the Website
(including, without limitation, by hacking, impersonating any person or
entity or falsely misrepresent your affiliation with a person or entity,
stalk or harass another or collect or store personal data about other
users ). |
9.4
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We will fully co-operate with any
law enforcement authorities or court order requesting or directing us to
disclose the identity or locate anyone posting any material in breach of
clauses 9.2 or 9.3. |
9.5
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It is your responsibility to
determine that your input into our site, including use of any chat room
areas of our site, including your choice of your user name, conforms to
the above conditions. Remember that the site and your content may be
accessed by children. |
9.6
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If you notice any content which
breaches these conditions, please notify us by email to [email protected]. |
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| 10. |
LINKS TO AND FROM OTHER
WEBSITES |
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10.1
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Links to third party websites on this Website
are provided solely for your convenience. If you use these links, you
leave this Website. We have not reviewed all of these third party websites
and do not control and are not responsible for these websites or their
content or availability. We therefore do not endorse or make any
representations about them, or any material found there, or any results
that may be obtained from using them. If you decide to access any of the
third party websites linked to this Website, you do so entirely at your
own risk. |
10.2
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If you would like to link to this
Website, you may only do so on the basis that you link to, but do not
replicate, the home page of this Website, and subject to the following
conditions: |
(a)
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you do not remove, distort or
otherwise alter the size or appearance of the Bottle Copies logo; |
(b)
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you do not create a frame or any
other browser or border environment around this
Website; |
(c)
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you do not in any way imply that we
are endorsing any products or services other than our
own; |
(d)
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you do not misrepresent your
relationship with us nor present any other false information about
us; |
(e)
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you do not otherwise use any Bottle Copies trade marks displayed on this Website
without our express written permission; |
| (f) |
you do not link from a website that
is not owned by you; and |
(g)
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your website does not contain
content that is distasteful, offensive or controversial, infringes any
intellectual property rights or other rights of any other person or
otherwise does not comply with all applicable laws and regulations.
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We expressly reserve the right to
revoke the right granted in this clause 10.2 for breach of these terms and
to take any action we deem appropriate. |
10.3
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You shall fully indemnify us for any
loss or damage we or any of our group companies may suffer or incur as a
result of your breach of clause 10.2. |
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| 11. |
REGISTRATION |
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| 11.1 |
To register with www.bottle-copies.com you
must be over 18 years of age. |
11.2
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Each registration is for a single
user only, whether or not acting on behalf of a company or other
organisation. We do not permit you to share your user name and password
with any other person nor with multiple users on a network. |
11.3
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Responsibility for the security of
any passwords issued rests with you and if you know or suspect that
someone else knows your password, you should contact us immediately.
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11.4
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We may suspend or cancel your
registration immediately at our reasonable discretion or if you breach any
of your obligations under these terms and conditions. |
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| 12. |
DISCLAIMER |
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12.1
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While we endeavour to ensure that the
information on this Website is correct, we do not warrant the accuracy and
completeness of the material on this Website. We may make changes to the
material on this Website, or to the products and prices described in it,
at any time without notice. The material on this Website may be out of
date, and we make no commitment to update such material. |
12.2
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The material on this Website is
provided as is, without any conditions, warranties or other terms of any
kind. Accordingly, to the maximum extent permitted by law, we provide you
with this Website on the basis that we exclude all representations,
warranties, conditions and other terms (including, without limitation, the
conditions implied by law of satisfactory quality, fitness for purpose and
the use of reasonable care and skill) which but for these terms and
conditions might have effect in relation to this Website. |
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| 13. |
MEDICAL DISCLAIMER |
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13.1
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Bottle Copies has reviewed and selected
links from a variety of sources. At the time of publication, these links
were considered relevant as practical or background information in order
to assist visitors with making informed, autonomous decisions regarding
their own use of natural therapies. All such information, available on or
through this website, is provided expressly for informational purposes
only. |
(a)
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This information is not intended to
constitute medical advice. No medicinal or curative claims can be or are
made for any of our products. |
(b)
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This information is not suitable for
and must not be relied upon by you or any other person for purposes of
medical care, diagnosis or treatment of any health care condition or
disease. |
(c)
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This information should not be
considered a recommendation for a specific treatment plan or course of
action. |
(d)
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The health information available on
or through this website is from a variety of sources and may be provided
in summary form only. It is intended to provide only broad general
understanding and knowledge of the subject matter. It should not be
considered complete, accurate, or reliable. We make no representation or
warranty, express or implied, as to the accuracy, timeliness,
completeness, or reliability of any information available on or through
this website or its suitability for any person or any
purpose. |
(e)
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Links from this website to other
websites do not constitute an endorsement of any information available
through those external websites and should not be considered a
recommendation for any specific treatment plan or course of
action. |
(f)
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Bottle Copies does not employ
qualified doctors or other medical professionals and is therefore unable
to answer any questions related to the diagnosis, treatment, cure or
mitigation of disease. |
(g)
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Do not delay seeking or disregard
professional medical advice based on any information available on or
through this website. |
(h)
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Individuals with any type of medical
condition, taking any medication, or having any medical concerns, should
immediately consult or seek the advice of their doctor or qualified health
care professional. Pregnant and breast feeding women should only use
products under medical supervision. |
13.2
|
You acknowledge, by your agreement
to these Terms and Conditions that your use of this website is at your own
risk and that you assume the full responsibility for your use of any
services, information and products contained in this website. |
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| 14. |
LIABILITY |
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14.1
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We, any other party (whether or not involved in
creating, producing, maintaining or delivering this Website), and any of
our group companies and the officers, directors, employees, shareholders
or agents of any of them, exclude all liability and responsibility for any
amount or kind of loss or damage that may result to you or a third party
(including without limitation, any direct, indirect, punitive or
consequential loss or damages, or any loss of income, profits, goodwill,
data, contracts, use of money, or loss or damages arising from or
connected in any way to business interruption, and whether in tort
(including without limitation negligence), contract or otherwise) in
connection with this Website in any way or in connection with the use,
inability to use or the results of use of this Website, any websites
linked to this Website or the material on such websites, including but not
limited to loss or damage due to viruses that may infect your computer
equipment, software, data or other property on account of your access to,
use of, or browsing this Website or your downloading of any material from
this Website or any websites linked to this Website. |
14.2
|
Nothing in these terms and
conditions shall exclude or limit our liability for (i) death or personal
injury caused by negligence (as such term is defined by the Unfair
Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a
fundamental matter; or (iv) any liability which cannot be excluded or
limited under applicable law. |
14.3
|
If your use of material on this
Website results in the need for servicing, repair or correction of
equipment, software or data, you assume all costs thereof. |
14.4
|
You agree, on behalf of yourself and
your business entity or organisation, jointly and severally to indemnify
us fully, defend and hold us, and our officers, directors, employees and
agents, harmless from and against all claims, liability, damages, losses,
costs (including reasonable legal fees) arising out of any breach of the
terms and conditions by you, or your use of this Website, or the use by
any other person using your registration details. |
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| 15. |
GOVERNING LAW AND JURISDICTION |
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15.1
|
These terms and conditions shall be governed by
and construed in accordance with English law. Disputes arising in
connection with these terms and conditions shall be subject to the
exclusive jurisdiction of the English courts. We nevertheless retain the right
to bring proceedings against you for any threatened or actual breach of
these terms and conditions in your country of residence, registration or
business or any other relevant country. |
15.2
|
We do not warrant that materials,
services or information for sale on the Website are appropriate or
available for use outside the United Kingdom. It is prohibited to access
the Website from territories where its contents are illegal or unlawful.
If you access this Website from locations outside the United Kingdom, you
do so at your own risk and you are responsible for compliance with local
laws. |
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| 16. |
MISCELLANEOUS |
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16.1
|
These Terms and Conditions were created on
17/02/2010, using templates provided by www.e-terms.co.uk. |
16.2
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You may not assign, sub-license or
otherwise transfer any of your rights under these terms and conditions
|
16.3
|
If any provision of these terms and
conditions is found by any court of competent jurisdiction to be invalid,
the invalidity of that provision will not affect the validity of the
remaining provisions which shall continue to have full force and
effect. |
16.4
|
No person other than the parties to
these terms and conditions are intended to benefit from them pursuant to
the Contracts (Rights of Third Parties) Act 1999. |
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