Terms & Conditions

TERMS AND CONDITONS

The Website is operated by C5Alive at registered office 28 Tivoli Road, Margate, Kent, CT9 5SF.

As user of the site you acknowledge that any use of this site (including any transactions you make) are subject to our terms and conditions below together with our Privacy Policy, Delivery Policy and Returns Policy. Please:

read through these terms and conditions carefully before using this website.

print a copy for future reference.

also read our privacy policy section regarding your personal information.

also read our delivery policy regarding the terms of delivery.

Also read our returns policy regarding the terms of returns and or exchanges.

Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Content” Means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of Our Site;

“Us”/ ” We”/”Our” Means (C5Alive);

“Service” Means the services provided

“System” Means the whole infrastructure of Our Site;

“User” / “Buyer” / “You” Means (you the customer)

“Site” Means the website (www.c5alive.co.uk).

All Content included on our wite including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of us. You may not reproduce, copy, distribute, sell any material on our site without first obtaining our prior written permission.

Links - Our Site may contain links to other websites. We assume no responsibility or liability for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

General

We reserve the right to change these terms and conditions at any time. Any such changes will take effect when updated on the site with the date being updated, it is your responsibility to read the terms and conditions on each occasion you visit / use this site, by continuing to use the site you are agreeing to be bound by these terms and conditions.

In the event of any conflict between these terms and conditions and any prior versions thereof, the provisions of these terms and conditions shall prevail unless it is expressly stated otherwise.

Third Party Rights, Nothing in these terms and conditions shall confer any rights upon any third party. The agreement created by these terms and conditions is between you and us.

All notices / communications shall be sent to us either by post to our premises (see address above) or by email to us.

We may from time to time notify you by post or email details of our services / products which we think may be of interest to you. If you do not wish to receive such notifications please inform us in writing by post or email.

Order Process

All orders that you place on this site will be subject to acceptance in accordance with these terms and conditions.

All products are supplied only subject to these conditions, which shall govern the Contract to the exclusion of any other terms and conditions. It is a condition of this Contract and the supply of products that products supplied by the Seller must not in any circumstances be used where their failure could directly endanger life.

Acceptance of your order and the completion of the Contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it

No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and of the Seller.

Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

All industrial or intellectual property rights of any nature whatsoever in the products remain vested in the Seller at all times.

Delivery

Delivery of the goods will be made to the address as specified on the buyers order.

Any dates quoted for delivery are approximate only. We will make every effort to deliver goods within the quoted timescales; however delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within estimated timescales.

Where the goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the seller to deliver any one or more of the instalments in accordance with these conditions or any claim by the buyer in respect of any one or more instalments shall not entitle the buyer to treat the contract as a whole as repudiated.

We shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.

If delivery is delayed by industrial dispute or any circumstances beyond the seller’s control then the periods for delivery shall be extended by such a period as is reasonable in the circumstances. Should any delay continue for a period exceeding six months then, unless the parties agree to the contrary, the contract shall be deemed to be terminated without any claim for compensation against the supplier.

Title to any goods you order on this site shall pass to you on delivery of the goods provided that we have processed and received payment in full for the goods.

All prices are shown in £s sterling and include VAT (where applicable) at the applicable current rates and include delivery charges to the UK Mainland ONLY, unless expressly stated otherwise.

Deliveries to be made outside of the UK Mainland are to be quoted for separately, acceptance and payment must be received for these charges before the order is to be placed and processed.

The buyer must contact the seller to obtain confirmation on delivery prices for orders outside of the UK Mainland.

Deliveries being made that require importing to a country may incur additional charges that will be payable by the buyer, i.e. Australia import tax applies to orders exceeding “x.xx AUS amount”, exact values are to be checked at the time the order is being placed as these rules are not set by us.

Risk for loss and damage of goods passes to you on the date when the goods are delivered or on the date of first attempted delivery by us.

We reserve the right to restrict these services at any time. We reserve the right to alter or amend delivery times in exceptional circumstances. All delivery times quoted are subject to stock availability and delivery location.

Payments

Payment terms are due immediate, all payments are to be made to us at the address listed above. The Buyer shall pay to us in Cash / Bank Transfer / Cheque / Paypal or as otherwise agreed all sums when due. You shall not make any deductions, set-off’s or counterclaims against the invoice price. Receipts for payment will only be issued upon request.

For orders placed via this site payment will be taken from your card or PayPal account at the time we receive your order. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods. Additional terms and conditions for payments made by PayPal can be found at www.paypal.co.uk. (We are not responsible for the content of external websites.)

The price you pay is the price displayed on this site at the time we receive your order apart from the following exception:

While we try and ensure that all prices on our site are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Title to any goods you order on this site shall pass to you on delivery of the goods provided that we have processed and received payment in full for the goods.

All prices are shown in £s sterling and include VAT (where applicable) at the applicable current rates and include delivery charges to the UK Mainland ONLY, unless expressly stated otherwise.

Deliveries to be made outside of the UK Mainland are to be quoted for separately, acceptance and payment must be received for these charges before the order is to be placed and processed.

The buyer must contact the seller to obtain confirmation on delivery prices for orders outside of the UK Mainland.

Deliveries being made that require importing to a country may incur additional charges that will be payable by the buyer, i.e. Australia import tax applies to orders exceeding “x.xx AUS amount”, exact values are to be checked at the time the order is being placed as these rules are not set by us.

Returns, Cancellations and Substitutions

Due to the nature of the product we supply we can not accept items returned unless they are faulty or damaged, if the fault or damage was advised prior to sale then the item(s) are excluded from being returned / exchanged.

If you have purchased an incorrect item then we will be happy to exchange the goods purchased as long as the item is returned in the same condition as supplied (the cost for return of the item is to be met by the buyer).

Please note if the exchanged item is of a lower value than the original goods ordered a credit will be made available for you to use against future purchases and the credit will be valid for a period of 6 months from the date of the exchange. If the cost of the exchanged goods is higher than the original order an additional payment will be required to be made before the replacement goods can be despatched.

Replacement items will be sent out once the incorrect item has been returned and checked for condition.

This does not affect your statutory rights.

Faulty Goods

In the unlikely event that you receive faulty or damaged goods, please email us at info@c5alive.co.uk with details of the fault / damage and we will organise for the goods to be replaced. This does not affect your statutory rights.

Substitutions

Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a similar alternative. We may experience problems with the supply of certain products and may therefore supply a substitute of the same or better quality at the same price.

All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.

Distance Selling Regulations

Where applicable, you may cancel your order in accordance with your rights under the Distance Selling Regulations.

If you have ordered by telephone, internet, email, under the Distance Selling Regulations, you have a statutory right to cancel your order and receive a full refund for any home delivery item, this excludes items purchased in person i.e. events. This does not apply to items personalised or made to your specification; audio/video recordings or software that you have unsealed; items that due to their nature cannot be returned; periodicals/magazines.

To cancel, you can email info@c5alive.co.uk, quoting details of your order. You can cancel anytime from placing your order up to the end of a period of seven working days (so not including Saturdays, Sundays or public holidays) commencing the day after the day of delivery of your item(s). You must take reasonable care of the item(s). Please make it clear when you are contacting us that you are cancelling under the Distance Selling Regulations so we can arrange to refund the delivery charge as well as the purchase price.

The Distance Selling Regulations do not apply to Financial and Insurance Services.

Intellectual Property

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and / or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this site. You further acknowledge that any other use of the material and content of this site is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Liability and Indemnity

Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.

We will not be responsible or liable to you, in contract, tort, pre-contract or other representations or otherwise for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of our site or any information contained therein.

We reserve the right to alter, suspend or discontinue any part (or the whole of) our site without notice.

The company shall perform its duties with reasonable degree of care, diligence, skill and judgement.

We will use reasonable endeavours to verify the accuracy of any information on the site but make no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the site.

Certain site services will require registration and subsequent access to those services will be subject to an approved login name and password. Information that you provide on this site must be accurate and complete. All password details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your password details or become aware of any misuse then you must inform us immediately

This clause does not affect your statutory rights as a consumer, nor does it affect your Contract cancellation rights.

We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.

Forum

You agree, through your use of the C5Alive forum, that you will not post any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, adult material, or otherwise in violation of any International or United States Federal law. You also agree not to post any copyrighted material unless you own the copyright or you have written consent from the owner of the copyrighted material. Spam, flooding, advertisements, chain letters, pyramid schemes, and solicitations are also forbidden on this forum.

Note that it is impossible for the staff or the owners of this forum to confirm the validity of posts. Please remember that we do not actively monitor the posted messages, and as such, are not responsible for the content contained within. We do not warrant the accuracy, completeness, or usefulness of any information presented. The posted messages express the views of the author, and not necessarily the views of this forum, its staff, its subsidiaries, or this forum's owner. Anyone who feels that a posted message is objectionable is encouraged to notify an administrator or moderator of this forum immediately. The staff and the owner of this forum reserve the right to remove objectionable content, within a reasonable time frame, if they determine that removal is necessary. This is a manual process, however, please realise that they may not be able to remove or edit particular messages immediately. This policy applies to member profile information as well.

You remain solely responsible for the content of your posted messages. Furthermore, you agree to indemnify and hold harmless the owners of this forum, any related websites to this forum, its staff, and its subsidiaries. The owners of this forum also reserve the right to reveal your identity (or any other related information collected on this service) in the event of a formal complaint or legal action arising from any situation caused by your use of this forum.

You have the ability, as you register, to choose your username. We advise that you keep the name appropriate. With this user account you are about to register, you agree to never give your password out to another person except an administrator, for your protection and for validity reasons. You also agree to NEVER use another person's account for any reason.  We also HIGHLY recommend you use a complex and unique password for your account, to prevent account theft.

After you register and login to this forum, you will be able to fill out a detailed profile. It is your responsibility to present clean and accurate information. Any information the forum owner or staff determines to be inaccurate or vulgar in nature will be removed, with or without prior notice. Appropriate sanctions may be applicable.

Please note that with each post, your IP address is recorded, in the event that you need to be banned from this forum or your ISP contacted. This will only happen in the event of a major violation of this agreement.

Also note that the software places a cookie, a text file containing bits of information (such as your username and password), in your browser's cache. This is ONLY used to keep you logged in/out. The software does not collect or send any other form of information to your computer.

Miscellaneous

The Contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the Courts of England. English is the only language offered for the conclusion of the Contract.

We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extend permitted by law) those warranties and conditions relating to fitness for a particular purpose.

In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.

To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by us.

If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.

These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and us relating to the use of this site (including the order of products) and set’s forth the entire agreement and understanding between you and us for your use of this site.

Powered By OpenCart
C5Alive © 2017