BETA CENTURY LIMITED WEBSITE TERMS AND CONDITIONS
Please read the following terms and conditions carefully, they contain important information about your rights and obligations.
1 - INTRODUCTION 1.1 Please read these terms and conditions carefully before using the website at www.betacentury.co.uk operated by Beta Century Limited, ("Beta Century," "our", "we" or "us"), (a company incorporated under the laws of England, Company No. 05383454, whose registered office is at 3 Bull Lane, ST IVES, Cambs PE27 5AX, UK). 1.2 By accessing or using Beta Century's website ("our website") you agree to be legally bound by these terms and conditions as they may be modified and posted on our website from time to time. 1.3 If you do not wish to be bound by these terms and conditions then you may not use our website.
2 - PURCHASING FROM OUR WEBSITE 2.1 Our website is a place for you to select and order welding equipment and accessories, ("the Products"). Our website describes the Products in more detail. 2.2 Details of our prices for the Products and the procedures for ordering, payment and delivery are displayed on our website. 2.3 Any times or dates stated on our website for delivery are estimates only. Beta Century will make all reasonable effort to deliver goods within the time specified, but does not accept liability for any failure to deliver within that time. 2.4 You must pay by credit or debit card at the time of order. The price of any Product is the price in force at the date and time of your order. We may change the price of any Product before you place an order. We try to ensure that our prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure. We will inform you if a Product's correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the product at the correct price. The prices displayed next to the Product images and descriptions are exclusive of delivery costs and applicable taxes which are calculated and displayed prior to completion of your order. 2.5 Beta Century is entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means, ("Confirmation"), to the e-mail address you have given us at the time of your order. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within [30] days. 2.6 If the Product you ordered is unavailable, we may provide to you a substitute of an equivalent quality and price, ("Substitute Product"). 2.7 You undertake that all details you provide to us for the purpose of purchasing goods or services which may be offered by us on our website will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods or services. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
3 - RETURNS 3.1 You may return to us any Products you have purchased within 7 working days of delivery for any reason, (including if you simply change your mind). To do so you must notify us by email or in writing within those 7 working days. You will then be entitled to a refund from us which will be paid as soon as possible but in any event within 30 days. You must arrange for and pay the costs of packaging and returning the Products to us. While in your possession, you must keep any Products you intend to return to us in good condition and fit for resale. 3.2 If the Product delivered to you: 3.2.1 is not what you ordered, (this includes any Substitute Products), or 3.2.2 does not correspond to the description on our website; or 3.2.3 is not of a satisfactory quality; Beta Century will, at its option, deliver to you a replacement Product or refund to you the price paid.
4 - WARRANTIES AND LIABILITY 4.1 We warrant that for any Product you purchase from our website: 4.1.1 we have the right to sell the Product to you; 4.1.2 the Product will correspond with the description we have given to you; 4.1.3 the Product will be of satisfactory quality. 4.2 Subject to the foregoing Products are not sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing. Any service we provide to you will be provided with reasonable skill and care. 4.3 We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products, (including without limitation the Products), our website or any information or service provided through our website. 4.4 We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an "as is" basis and you assume total responsibility and risk for your use of our website and use of all information contained within it. 4.5 We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, (whether direct or indirect), in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing Products, (which shall be subject to the exclusions and limitation of liability set out in these terms and conditions), we accept no liability for this loss or damage, (except where we have been negligent), whether due to inaccuracy, error, omission or any other cause and whether on the part of Beta Century or our servants, agents or any other person or entity. 4.6 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation. 4.7 We do not warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks to satisfy your particular requirements for the accuracy of data input and output. 4.8 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
5 - DATA PROTECTION AND SECURITY 5.1 The following provisions apply to any information you provide to us, for example during any registration or ordering process. 5.1.1 You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us, our partners, successors, (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties, ("Partner Companies"). Partner Companies may be located in countries outside the European Economic Area that do not have laws to protect your information. Details of the companies and countries involved will be provided on request. If you would like to request such information or review or modify any part of your personal information then you may e-mail us at dataprotection@betacentury.co.uk 5.1.2 If you obtain or choose to buy Products through our website then we may collect information about your buying behaviour. All such information collected by us shall be referred to in these terms and conditions as "the Personal Information". 5.1.3 You must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details, (where applicable), contain your correct name, address and other requested details. 5.2 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the purposes of enabling us to provide you with access to all parts of our site, to supply the Products or services you have requested and to collect payment. 5.3 You warrant and undertake that you will not use our website for any purpose that is illegal or prohibited by these terms and conditions, including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene material. If you breach these terms and conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these terms and conditions. 5.4 Our system will issue "cookies" to your computer when you log on to the site. Cookies make it easier for you to log on to and use the site during future visits. They also allow us to monitor website traffic and to personalise the content of the site for you. If you set up your computer to reject cookies you may not be able to use certain features on our site. 5.5 You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, e-mail verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.
6 - WEBSITE CONTENT AND AVAILABILITY 6.1 We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device. 6.2 Our website is controlled and operated by us from England. Where content published on the website is supplied by third parties, (for example manufacturers of Products), is published in good faith but we do not accept responsibility for the accuracy or otherwise of such content. 6.3 We make no representations and gives no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you, (by reason of nationality, residence or otherwise), is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. 6.4 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content and/or the sale of new Products shall be subject to these terms and conditions. 6.5 The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Beta Century, its affiliates or other third party licensors. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an order with Beta Century or using our website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so. 6.6 Beta Century make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from Beta Century and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that Beta Century endorses or accepts any responsibility for the content, or the use of, such a website and Beta Century shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
7 - GENERAL 7.1 Any notice required to be sent to us pursuant to these terms and conditions shall be sent by post to Beta century Ltd, 3 Bull Lane, ST IVES, Cambs PE27 5AX or by e-mail to customerservices@betacentury.co.uk. Any notice required to be sent to you pursuant to these terms and conditions shall be sent by post or e-mail to the addresses specified in your most recent order. 7.2 Notice will be deemed received when an e-mail is received in full, (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt), or 3 days after the date of posting. 7.3 We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time. 7.4 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly. 7.5 These terms and conditions together with any order form and payment method instructions, if any, are the whole agreement between you and Beta Century. These terms and conditions replace all other terms and conditions previously applicable to the use of our website and/or sale of the Products. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by Beta Century or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation, (other than a fraudulent misrepresentation), that is not contained in the terms and conditions, order form and payment method instructions. 7.6 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them. 7.7 Except in respect of a payment obligation, neither you nor Beta Century will be held liable for any failure to perform any obligation to the other due to causes beyond your or Beta Century's respective reasonable control. 7.8 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right. 7.9 A person who is not party to the agreement between you and Beta Century shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act. 7.10 These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the courts of England.
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