Kent Tackle.com Terms & Conditions
These Terms and Conditions and our Privacy Policy govern your use of the Kent Tackle.com website (kenttackle.com Site) and your relationship with Kent Tackle.com (Kent Tackle (Hawkhurst) Ltd, we or us).
Please read them carefully as they affect your rights and liabilities under the law.
If you do not agree to these Terms and Conditions and/or our Privacy Policy, please do not register for or use the Kenttackle.com Site. Please note that to use any of the services provided on the Kenttackle.com Site, you are required to register as an authorised user on the site.
1. Use of the Kenttackle.com Site
2. Amendments
3. Registration
4. Password and Security
5. Clubcard
6. Refunds on promotional offers
7. Excluded Services
8. Intellectual property
9. Limitations
10. Availability of the Kenttackle.com Site
11. Kenttackle.com‘s right to suspend or cancel your registration
12. Kenttackle.com's liability
13. Third Party Websites
14. Advertising and Sponsorship
15. Applicable Law
16. International Use
17. Expiry Date on Payment Card
18. Use of Community Sites
19. Miscellaneous
1. Use of the Kenttackle.com Site
The Kenttackle.com Site is provided to you free of charge for your personal use subject to these Terms and Conditions and our Privacy Policy. By using the Kenttackle.com Site you agree to be bound by these Terms and Conditions and our Privacy Policy.
These Terms and Conditions govern your use of the Kenttackle.com Site and Online Store and all services provided in connection with this.
All orders and purchases made on the Kenttackle.com Site will also be governed by the specific Product Terms relevant to that item. Validation of your payment card and deduction of the relevant amount will occur on submission of your order. If you then cancel the order we will return the payment to your payment card.
If you cancel your order in advance of the shipping date, no payment from your card will be processed.
Paypal payments. If you elect to pay via Paypal, Paypal deduct the payment from your account on submission of the order. If you then cancel we will return the payment to your Paypal account.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
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2. Amendments
We may update these Terms and Conditions from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the Kenttackle.com Site. The changes will apply to the use of the Kenttackle.com Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Kenttackle.com Site and the Online Store. If you continue to use the Kenttackle.com Site after the date on which the change comes into effect, your use of the Kenttackle.com Site indicates your agreement to be bound by the new Terms and Conditions.
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3. Registration
To register with Kenttackle.com you must ensure that the details provided by you on registration or at any time are correct and complete.
You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
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4. Password and Security
When you register to use the Kenttackle.com Site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting Customer Sen/ices (see below for contact details) immediately.
If Kenttackle.com has reason to believe that there is likely to be a breach of security or misuse of the Kenttackle.com Site, we may require you to change your password or we may suspend your account in accordance with paragraph 13 below.
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5. Clubcard
You do not need to have a Kent Tackle Clubcard to shop at the Kenttackle.com Site. However, if you have a Kent Tackle Clubcard any purchases online will accrue points on your Clubcard account. Discount coupons issued by manufacturers or promoters cannot be redeemed against purchases from the Kenttackle.com site.
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6. Refunds on promotional offers
Refunds for goods purchased under a promotional offer will be based on the terms of the promotional price.Your statutory rights are not affected.
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7. Excluded Services
The services provided by the Kenttackle.com Site do not include the provision of computer or other necessary equipment to access the Kenttackle.com Site. To use the Kenttackle.com site you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.
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8. Intellectual Property
The content of the Kenttackle.com Site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Kenttackle.com Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify,
copy or distribute or use for commercial purposes any of the materials or content on the Kenttackle.com Site without written permission from Kenttackle.com.
No licence is granted to you in these Terms and Conditions to use any trade mark of Kenttackle.com including, without limitation, the trade marks of, Kenttackle.com, Kent Tackle )Hawkhurst) Ltd and Kent Tackle CLUBCARD.
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9 . Limitations
You may not use the Kenttackle.com Site for any of the following purposes:
- disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
- transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
- gaining unauthorised access to other computer systems
- interfering with any other person’s use or enjoyment of the Kenttackle.com Site
- breaching any laws concerning the use of public telecommunications networks
- interfering or disrupting networks or web sites connected to the Kenttackle.com Site
- making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
Kenttackle.com reserves the right to refuse to post material on the Kenttackle.com Site or to remove material already posted on the Kenttackle.com Site.
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
- any claim by any third party that the use of the Kenttackle.com Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
- any claim by any third party that the use of the Kenttackle.com Site by you infringes that third party‘s copyright or other intellectual property rights of whatever nature; and
- any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Kenttackle.com Site by you.
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10. Availability of the Kenttackle.com Site
Although Kenttackle.com aims to offer you the best service possible, Kenttackle.com makes no promise that the services at the Kenttackle.com Site will meet your requirements. Kenttackle.com cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to the Customer Services (see below for contact details) or by email at info@kenttackle.co.uk and we will attempt to correct the fault as soon as we reasonably can.
Your access to the Kenttackle.com Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Kenttackle.com will attempt to restore the service as soon as it reasonably can.
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11. Kenttackle.com‘s right to suspend or cancel your registration
Kenttackle.com may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the Kenttackle.com Site. The suspension or cancellation of your registration and your right to use the Kenttackle.com Site shall not affect either party‘s rights or liabilities.
Paragraphs 9, 10 and 13 of these Terms and Conditions shall survive cancellation.
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12. Kenttackle.com‘s liability
The Kenttackle.com Site is provided by Kenttackle.com without any warranties or guarantees. You must bear the risks associated with the use of the Internet.
The Kenttackle.com Site provides content from other Internet sites or resources and while Kenttackle.com tries to ensure that material included on the Kenttackle.com Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case.
Kenttackle.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Kenttackle.com Site. If Kenttackle.com is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following
- incompatibility of the Kenttackle.com Site with any of your equipment, software or telecommunications links
- technical problems including errors or interruptions of the Kenttackle.com Site
- unsuitability, unreliabilily or inaccuracy of the Kenttackle.com Site
- inadequacy of the Kenttackle.com site to meet your requirements
To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure,
loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Kenttackle.com Site.
Nothing in this paragraph applies to Kenttackle.com‘s liability in respect of products sold through the Online Store.
Nothing in these Terms and Conditions shall exclude Kenttackle.com‘s liability for personal injury or death caused by its negligence.
Our acceptance of an order takes place on despatch of the order, at which point the purchase contract will be made and you will be charged for your order.
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13. Third Party Websites
As a convenience to Kenttackle.com customers, the Kenttackle.com Site includes links to other web sites or material which are beyond its control. Kenttackle.com is not responsible for content on the Internet or World Wide Web pages on any other site outside the Kenttackle.com Site.
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14. Advertising and Sponsorship
Part of the Kenttackle.com Site may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the Kenttackle.com Site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.
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15. Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts.
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16. International Use
Kenttackle.com makes no promise that materials on the Kenttackle.com Site are appropriate or available for use in locations outside the United Kingdom, and accessing the Kenttackle.com Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
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17. Expiry Date on Payment Card
Please ensure that the expiry date of your payment card is after the anticipated despatch date of your order. Payment is taken at the point of despatch for goods and in the event that the payment card has expired we will be unable to take payment and fulfill your order.
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18. Use of Community Sites
Any Community Site on the Kenttackle.com site (together the “Community Sites") allows users to interact with each other via message boards, and other user forums. We advise you not to post or in anyway reveal any of your personal details on the Community Sites
(for example, your address and telephone number).
You may not use a Community Site for any of the following purposes:
- disseminating any unlawful, harassing, libellous, defamatory, racially offensive, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
- transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
- transmitting material containing any form of advertising or promotion for goods and services, junk mail, chain letters or "spam";
- gaining unauthorised access to other computer systems;
- interfering with any other person's use or enjoyment of the Community Sites;
- making or transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;
- impersonating another person ;
- referring to specific website addresses outside of Kenttackle.com; or
- advertising
Kent Tackle does not control the content placed on the Community Sites. However, Kent Tackle reserves the right to refuse to post material, to remove material posted on the Community Sites and to Contact you in the event that there are concerns about the content you have added to a Community Site. Kent Tackle may review or edit the content of the Community Sites. Therefore, if you have concerns about any of the content of the Community Sites you should contact us by selecting the “report as inappropriate” button. The relevant content may be removed from the Community Sites. If we believe that any material placed on the Community Sites by you is unlawful we may contact the relevant authority.
Kent Tackle makes no representations as to the validity of any opinion, advice, information or statement displayed on the messageboards by third parties. You are solely responsible for the content of your messages posted on the message boards and the views
expressed by individuals do not represent the views of Kenttackle.com.
You will be responsible for:
- any claim by any third party that the use of the Community Sites by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
- any claim by any third party that the use of the Community Sites by you infringes that third party's copyright or other intellectual property rights of whatever nature;
- any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Community Sites by you.
By submitting material you are granting Kent Tackle a perpetual, royalty-free, non-exclusive licence to reproduce, modify, translate, make available, distribute and sublicense the material in whole or in pant and in any form.
You will be responsible for our losses and costs resulting from your breach of these Community Sites terms and conditions.
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19. Miscellaneous
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force
and effect.
If you breach these Terms and Conditions and Kenttackle.com ignores this, Kenttackle.com will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
Kenttackle.com shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists
or is available apart from that Act.
Kent Tackle reserves the right to cancel any order made on Kenttackle.com for any reason.
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The Kenttackle.com Site is owned and operated by Kent Tackle (Hawkhurst) Limited a company registered in England and Wales whose registered office is at 20 Havelock Road, Hastings, East Sussex, TN34 1BP
If you have any queries please contact
Customer Services
Kent Tackle
Hawkhurst Fish Farm
Hastings Road
Hawkhurst
Kent
TN18 4RT
Telephone: +44 (0) 1580 754422
E-Mail: info@kenttackle.com
Company Registration No. 07205742, VAT No. 938 3846 79
Last update: 19/11/2010 Kenttackle.com © 2010