The term 'The Camperco Shop' or 'us' or 'we' refers to the owner of the website. The term 'you' refers to the user or viewer of our website. We ask that you carefully read these Terms and Conditions before placing your order with The Camperco Shop. You should understand that by placing an order, you agree to be bound by these Terms and Conditions.
The effective date of these Terms and Conditions is May 2018.
We are an e-commerce website that sell products. We transfer ownership of goods from the manufacturers to the consumer. We sell products via our website and in-store showrooms.
We have a dedicated customer service team (Monday - Friday, 9am - 5pm) to answer any product or delivery queries you may have. In addition we have a Live-Chat facility on our website during opening hours, just click on the link on the right hand side of your screen to connect to Live-Chat. If outside of opening hours you can leave a message on this facility and we will respond to you via email.
When finalising your order you will be asked to acknowledge that you have read and accepted our Terms and Conditions. Please read these Terms and Conditions carefully before ordering from our site.
THINGS YOU WILL WANT TO KNOW
1. Our Details
1.1 We are Camperworks Ltd trading as The Camperco Shop. We are registered in Northern Ireland under company number NI621763.
1.2 Camperco is a trading name of Camperco Group Ltd, registered in Northern Ireland (Company Number NI650851) and a subsidiary of Apollo Tourism & Leisure UK LTD.
2.1 Your order will be fulfilled by the delivery date set out in the Shipment Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Shipment Confirmation, unless there are exceptional circumstances. Please note that all delivery dates are estimates only and we shall have no liability to you in relation to such delivery dates not being met.
2.2 We use Royal Mail and FedEx tracked delivery services. Standard Delivery in the UK takes 2-3 working days. Orders are usually dispatched within 1 working day of being placed. See our Delivery Page for up to date details of our expected order fulfilment time. Our address labels are created automatically based on the address which you enter.
2.2.1 Depending on the shipping service provider for your Goods, the shipping service provider will require a signature for the package to be left and they will not as a matter of course leave unsigned even if a 'Safe Place' is unavailable. Whilst uncommon, a package may be left without a signature at the discretion of the shipping service provider. The Camperco Shop can do nothing to prevent this from occurring.
2.3 Next Working Day UK Mainland Delivery can be ordered up until 2pm UK Time Monday to Thursday for delivery to a UK mainland address the next working day. Please note Next Working Day Delivery cannot be delivered on a Saturday; any Next Working Day UK Mainland Delivery orders placed after 2pm UK time Thursday will be delivered the following Monday, or by Tuesday if ordered after 2pm on Friday or over the weekend. Furthermore, we cannot deliver on UK Regional & National Bank Holidays; please plan accordingly.
2.4 During periods of severe weather conditions (floods, gales and snow) all of our delivery methods may take longer than expected. In these circumstances, we aim to keep our customers abreast of the situation. However we advise all of our customers to plan their orders with plenty of time, especially when forces beyond our control come in to play.
2.5 You need to report to us within 3 days of dispatch if your Goods has not been received to enable us to investigate the matter with our couriers. Failure to do so will prevent us from resolving the issue for you.
2.6 The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
2.7 Where the Goods are to be delivered in installments each delivery shall constitute a separate Contract and failure by the Seller to deliver any one or more of the installments in accordance with these Conditions or any claim by the Buyer in respect of any one or more installments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
2.8 If the Seller fails to deliver the Goods (or any installment) for any reason other than any cause beyond the Seller’s reasonable control or the Buyer’s fault, and the Seller is accordingly liable to the Buyer, the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar Goods to replace those not delivered and the price paid for the Goods.
2.9 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time of placing the order (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then without prejudice to any other right or remedy available to the Seller the Seller may:
2.9.1 store the Goods until actual delivery takes place and charge the Buyer for the reasonable costs (including insurance) of storage; or
2.9.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
3. Delivery Charges
3.1 Within the UK Mainland, Standard Delivery is FREE on all orders over £50 and £2.95 for orders under £50. Next Working Day UK Mainland Delivery orders cost £7.95.
(a) Certain UK postcodes regretfully incur a delivery surcharge as dictated by our couriers: For Example - Scottish Highlands and Islands (AB, FK, G83, HS, IV1-28, IV33-39, KA, KW, PA, PH), Off-shore which includes the Isle of Wight, Isle of Man, Channel Islands, Scilly Isles, and Northern Ireland. If your postcode falls within a surcharge area, the additional charge will clearly be displayed at checkout.
3.2 We currently deliver to UK addresses including England, Scotland, Wales and Northern Ireland.
3.3 Custom & Import Duties If you order Goods from our site for delivery outside England, Wales, Scotland and Northern Ireland, your order maybe subject to import duties and taxes which are levied once the package reaches your country. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Any additional charges for customs clearance must be borne by you.
Please note that you are considered the importer and must comply with all laws and regulations of the country in which you are receiving the Goods.
International deliveries are subject to opening and inspection by customs authorities.
For further information on delivery charges not mentioned on our website, please contact us. Any customs charges that may be applicable to international orders are the responsibility of the customer and will not be paid by The Camperco Shop. Any recovery costs associated to non-collected orders may be met by the customer and refunds for uncollected items may not be made.
If you would like to find out more information on our delivery times, charges and destinations please visit our Delivery Page.
4. Re-Delivery Charges
Please ensure that the delivery address you enter is correct. Goods that are returned to us will incur a further re-delivery charge.
5. Temporarily Out Of Stock Goods
We update our website regularly with stock that we have available however, if you order Goods and it is out of stock (may be due to unprecedented demand) then we will refund you the amount for the Goods and any associated services such as delivery.
If you order multiple Goods and some Goods are temporarily out of stock (may be due to unprecedented demand) then we will send you the Goods that are currently in stock and refund you the amount for the Goods not currently in stock.
6. Returns & Refunds Policy
You are responsible for checking that Goods are correct when you receive them.
If the Buyer believes that any of the Goods are faulty, incorrect or are of an unsatisfactory quality, the Buyer must immediately contact a member of the customer services team by emailing firstname.lastname@example.org within 48 hours including a photograph of the fault or damage. We will replace the Goods or refund your payment, as appropriate.
6.1 When you return Goods to us:
(a) because you have cancelled the Contract between us within the 7 working day cooling-off period (see clause 7.1), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the total amount you paid for the Goods (postage costs non-refundable). However, you will also be responsible for the cost of returning the Goods to us.
(b) for any other reason (for instance, because you have notified us in accordance with paragraph 21.1 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Goods is faulty), we will examine the returned Goods and will notify you of any refund via email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you were entitled to a refund for the faulty Goods. Goods returned by you because of a fault will be refunded in full in accordance with 6.1(a). In any event you should contact us for authorisation before returning ANY Goods.
6.2 We will refund any money received from you using the same method originally used by you to pay for your purchase.
6.3 We will only offer refunds for faulty Goods inside of 14 days from date of purchase. Faulty Goods can only be repaired or replaced after 28 days and we are unable to offer a refund after this time.
6.4 You must retain all original packaging, including outer packaging, to use if returning the Goods. If the Goods are incorrect you must return them unused and in original packaging.
For full information about how to return Goods please view our Returns Page.
7. Consumer Rights/Cancellation Of Your Order
7.1 If you are contracting as a consumer, you have the right to cancel your order within 7 days of receipt of Goods. This cancellation period commences the day you receive the Goods. In this case, you will receive a full refund of the price paid for the Goods in accordance with our refunds policy (set out in clause 6 above).
7.2 To cancel your order, please write a letter or send an email to email@example.com stating that you wish to exercise your right to cancellation, including your full name, address, and order number. Your item must be re-packaged securely and sent so that it reaches us within 7 working days of the date that your order was delivered to you.
Please note that you will be responsible for the costs of returning the Goods to us unless we delivered items to you in error or the item is faulty.
7.3 All Goods ordered that are marked as 'Special Order' cannot be cancelled by the buyer after the order has been placed.
8. Undelivered Items
If Goods fails to arrive with you after being dispatched by ourselves we have to wait 15 working days (10 working days for next day delivered items) from the date of dispatch before we can offer a refund or redelivery of said Goods.
This is due to the fact our couriers will not consider Goods lost until this point, so it is still likely that the Goods will still arrive.
If the Goods do not arrive within this period, we will ask you to sign and return a form confirming that you have not received your order before we process a refund or a re-delivery.
Please note that any non-delivered Goods must be reported to us in writing or email within 5 days of despatch. Any issue reported to us outside of this time period will not be able to be refunded or replaced.
9. Price And Payment
9.1 The price of any Goods will be as quoted on our site from time to time, except in cases of obvious error.
9.1.1 All prices are in G.B pounds sterling (£) and credit/debit card transactions for orders outside the UK will be converted by the card company at their current exchange rates.
9.2 These prices include VAT at the standard UK rate of 20%, but exclude delivery costs. You will see the VAT amount included in the Goods as you navigate through the website. Delivery costs will be added to the total amount due at the time of checkout. These can be viewed whilst in the shopping basket or checkout by entering your postcode. We reserve the right to apply a delivery charge or increase in the delivery charge for exceptional orders. By exceptional orders we mean bulk orders for Goods that result in a weight increase that would not be sent in a box normally around 20kgs in weight. We would notify you of this charge before dispatching your order.
9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Shipment Confirmation.
9.4 Our site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where Goods correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If Goods correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.
9.5 We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you a Shipment Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
9.6 Special Offer & Deal of the Week Promotions. We reserve the right to end any offer/promotion at any time including prior to the published date. Special Offer and Deal Of The Week Promotions are not valid in conjunction with any other offer offered on our website.
9.7 Payment for all Goods must be by credit/debit card or PayPal. We accept payment with Visa, Visa Debit, Mastercard, Visa Electron & Maestro and PayPal. All orders are dispatched only when your payment has cleared. We do not store credit card details nor do we share customer details with any third parties.
10. Promotions & Competitions
From time to time, we (or selected third parties) may include competitions, promotions, discount codes, vouchers or other offers on the website. Each such offer shall be subject to its own express terms, however, each offer or promotion will be subject to availability at all times, and cannot be used in conjunction with any other discount code, promotion or offer. Expiry dates will be clearly displayed. It will also be displayed whether or not this offer is redeemable online/in-store showrooms. Your statutory rights are not affected.
Coupons, discounts and promotional discount codes offered in our showrooms are valid only for use as part of a purchase made in our showrooms, unless otherwise stated.
Vouchers and promotions entitle customers to a discount off the current selling price of Goods at The Camperco Shop in a single transaction. To redeem online, enter the code in the discount voucher code box at checkout. One code per transaction, maximum 5 units per transaction. No cash alternative will be offered. Promoter has the right to refuse invalid offer codes. Promoter reserves the right to amend or withdraw the offer at any time.
Entrants from the UK, Scotland and Northern Ireland only - any entrants from outside these regions will be disqualified and prizes are none transferable. The Camperco Shop reserves the right to substitute any of the Goods listed for ones of similar market value. The Camperco Shop reserves the right to amend and/or withdraw the competition at any time without prior notice. Social Media winner’s names and towns are available by sending a SAE to ‘Social Media Competition’, Camperco Shop, Cyril Johnston Complex, Ballynahinch Road, Carryduff, Belfast, Northern Ireland, BT8 8DJ within 60 days of the competition closing.
Please check the separate terms and conditions for the individual codes. Please be aware that all Deal Of The Week/Black Friday Goods are excluded from all other discount codes and special offers (unless explicitly stated as included). Maximum 5 units per transaction on Deal Of The Week/Black Friday Goods.
11.1 Flash Sales - Please note that discounts for Flash sales will be automatically applied at checkout during the specified times of the promotion. Online times may differ to the in-store showroom times so please do check before you visit to avoid missing the promotions. The automatically applied code cannot be used in conjunction with any other codes or offer. Maximum of 5 units per transaction.
12. Website Images, Descriptions and Pricing
We undertake all reasonable care to ensure that all the details, prices and descriptions of website Goods are accurate at the time when the appropriate information was entered onto our system (Errors & Omissions Excepted).
Whilst we endeavour to keep the website as up-to-date and accurate as is possible, there may be rare occasions when the information on the website (including product descriptions, stock and pricing) at a certain time may not reflect the position exactly at the point an order is placed.
Free gifts with purchase are subject to availability. On rare occasions, free gifts may be advertised when they are no longer available. In these instances, we reserve the right to offer no replacement item.
All product photography is for illustrative purposes only, and the actual item may vary in colour, design and product size.
13. Formation Of A Binding Contract Between You And Us
The Camperco Shop considers an order to be a binding contract from the point of that order being dispatched to you from our warehouse. Until that point we reserve the right to cancel the contract at any time. If we chose to end this contract we will notify you in writing as soon as possible and refund any transactions within 7 working days.
13.1 After placing an order, you will receive an email from us acknowledging that we have received your order (Order Confirmation). Your order constitutes an offer to us to buy Goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Goods has been dispatched (Shipment Confirmation).
13.2 Your contract with The Camperco Shop begins when we send you the Shipment Confirmation.
13.3 The Contract will relate only to those Goods whose dispatch we have confirmed in the Shipment Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Shipment Confirmation.
14. Bulk Orders
Our agreements with our suppliers include clauses where we agree not to sell our Goods on for the purpose of resale. Where we suspect that customers are buying large numbers of Goods for the purposes of reselling them, we reserve the right to cancel these orders at any point up to the Goods being dispatched. Due to this restriction, we reserve the right to cancel any orders of 5 or more units.
15. Newsletter Sign Up
Sign up to our newsletter to receive voucher codes and offers. Offers cannot be used in conjunction with any other discount codes. One code per transaction, maximum 5 units per transaction. Offer valid online only and will only be valid once. Discounts cannot be used against gift cards. By signing up for our newsletter, or, on registering for an online account and agreeing to receive our money-off discounts & promotions, you are agreeing to receive them by email.
THE MORE DETAILED LEGAL PART
16. Service Availability
Our site is intended for use by people resident in England, Scotland, Wales and Northern Ireland.
17. Age Restictions On Use Of Our Website
17.1 Our website and any Goods or services available on or via the website are strictly only for use by individuals over the age of 18 years.
17.2 If you are under the age of 18, you must not use our website, purchase or attempt to purchase any of our products or services, or submit any personal information to us.
17.3 We do not knowingly or intentionally process the personal information of any individual under the age of 18.
18. Your Responsibility For Others Who Access Our Website Using Your Device(s) or Internet Connenction
19. Other Documents Governing Your Use Of Our Website
19.1 In addition to these Terms and Conditions your use of our website are also governed by the following documents:
(c) Our terms of sale govern any purchases or orders you make for Goods or services on our website. They set out the status of any orders placed, the contract terms relating to delivery and performance of those orders, any exclusions that apply to you and other relevant terms relating to our supply of goods, services or digital content.
20 Availability Of Our Website
20.1 We make no representations, and provide no warranties that:
(a) the website will be made available at any specific time or from any specific geographical location;
(b) your access to the website will be continuous or uninterrupted; or
(c) the website will be accessible or optimised on all browsers, computers, tablets, phones or viewing platforms.
20.2 We reserve the right to suspend access to all or part of the website for any reason, including for business or operational reasons, such as improving the appearance or functionality of the website, content updates, periodic maintenance, or to resolve any issues that we become aware of. Wherever we anticipate that we need to suspend access to the website for a considerable period of time, we will try to provide you with prior notice where reasonably practicable.
20.3 Our website is provided for users in the United Kingdom only. Although it may be possible to access the website from other countries, we make no representation that our website is compliant with any legal requirements in force in any jurisdiction other than the United Kingdom, or that the content available on the website will be appropriate for users in other countries or states.
(a) to reflect any changes in the way we carry out our business;
(b) to account for any changes we make to our website, including, without limitation, any new features or functionality we provide, any adjustments to the means by which we provide notices to you, or any changes in the content, purpose or availability of the website;
(c) to accurately describe our current data-processing activities so that you are kept up to date with our latest practices;
(e) to ensure that our documentation complies and remains compliant with any and all current and future applicable laws, regulations and official guidance.
22. Your Account Details
22.1 If we provide you with account information such as a user name, identification number, account code and/or password, you must keep such information confidential and secret and not disclose it to anyone. All account information is provided for use of the named account holder only, and not for any other person. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your account information to any third party.
22.2 Where we provide you with the option to select your own login information, including a password, we recommend that you supply login information unique to your own use of this website, and do not use information from other accounts you may hold with other websites or any easily discoverable personal information. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your login information to any third party.
22.3 You must never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You agree that you will not solicit, collect or use the login credentials of other individuals. We prohibit the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide to us upon registration and at all other times will be true, accurate, current, and complete. You agree to update your information as necessary to maintain its truth and accuracy.
22.5 If you know or suspect that the confidentiality of your login information has been compromised, for example, by the disclosure of such information to any third party, you must immediately change your password. If you are unable to change your password, you must immediately notify us by email, at firstname.lastname@example.org.
23. Ownership Of Material On Our Website
23.1 All trademarks, service marks, trade names, logos, copyright and other intellectual property rights in our website and its content are either owned by us or licensed to us. All such rights are protected by intellectual property laws around the world, and all rights are reserved. Any use of the website and its contents, other than as specifically authorised herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us.
24. Links To Our Website
24.1 You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
24.2 Where you have obtained our consent to link to our website:
(b) wherever you post a link to our website on any other websites, you agree that you will do so in an appropriate manner, and not in any way which is defamatory or disparaging towards us, which misrepresents us or our business, or which causes any harm whatsoever to us or our business; and
(c) you must not link to our website in order to suggest any form of joint venture, partnership, collaboration, affiliation, business relationship, approval or endorsement in connection with us where none exists and in any event, without having first obtained our prior written consent.
24.3 We may withdraw permission to link to our website at any time. In the event that we withdraw permission to link to our website and inform you of the same, you must immediately remove or cause to be removed any links to our website.
25. Links To Other Websites
25.1 We do not monitor or review the content of other party’s websites which are linked to/from this website. Links to third party content or websites may appear on our website from time to time. We are not responsible for the content of any websites accessible via any link(s) on our website. All content on third party websites is outside of our control, and we do not represent or warrant that such content is related to us or our website, suitable or appropriate for use or viewing, lawful or accurate.
25.3 This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
26. Information and Content On Our Website Provided on Non-Reliance Basis
26.2 The content on our website is not intended to be construed as advice. You must not rely on any of the content of our website for any purposes whatsoever, and you must seek your own independent professional advice before deciding to take any course of action on the basis, whether in whole or in part, of any of the content available on our website from time to time.
26.3 We make no representations and provide no warranties whatsoever, whether express or implied, that any of the content or materials available on our website from time to time are accurate, up to date or complete.
27. Permitted Use Of Materials on Our Website
27.1 The content on our website is provided for your personal, private and non-commercial use only. You may print or share the content from our website for lawful personal purposes, private and non-commercial purposes, and you may also make others within your organisation aware of the content on our website. You may not otherwise extract, reproduce or distribute the content of our website without our prior written consent.
27.2 Whenever you print, download, share or pass on content from our website to others, you must not make any additions or deletions or otherwise modify any text from our website, you must not alter or change any images, media or graphics from our website in any way, you may not remove any accompanying text from such images, media or graphics, and you must ensure that all content passed on to any third party is an accurate representation of the content as it appears on our website.
27.3 You are prohibited from using any robots, spiders, data mining or scraping technology or any similar third party tools for the extraction or reproduction of any data or content from our website without our prior written consent.
27.4 Whenever you pass on any content or materials from our website to anyone, you must acknowledge us as the authors of such content or materials (or any other authors wherever credited by us) at the time when you pass on such content or materials.
28. Prohibited Uses Of Our Website
28.2 You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our website or any part of it, our systems, any of our hardware or equipment or any networks on which our websites are hosted, any software that we use to create or modify the website or to make the website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.
(a) for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;
(b) for any fraudulent purposes whatsoever;
(c) to conduct any unsolicited or unauthorised advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorised by us;
(d) to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content;
(e) to communicate with, harm or attempt to harm children in any way; or
29. Viruses And Other Harmful Content
29.1 We do not guarantee that our website does not contain viruses or other malicious software.
29.2 We shall not be responsible for any bugs or viruses on our website, any such software that might be transferred to your computer from our website, or any consequences which the presence or operation of such programs may have.
29.3 You must ensure that you have in place up-to-date and effective anti-virus protection on your computer or other browsing device.
29.4 You must not use any third parties, software or technology to attempt to gain unauthorised access to our website, our servers, systems, hardware, software or data.
29.5 You must not attempt to perform any denial of service type attack on our website.
29.6 You must not perform any action which would contravene the Computer Misuse Act 1990.
29.7 We may report any breach or suspected breach of this clause 29 (Viruses and other harmful content) to the relevant authorities and may disclose your identity).
30. Exclusions & Limitations of Liability
30.1 We warrant to you that any Goods purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which Goods of the kind are commonly supplied. However, the information and advice contained on our site and in our sales documentation is for general guidance purposes only. You are responsible for determining whether it applies to your particular situation and whether the Goods you order are appropriate for you. In particular, please read all manuals and safety instructions provided with Goods, and follow them carefully at all times.
30.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Goods you purchased.
30.3 This does not include or limit in any way our liability: (a) For death or personal injury caused by our negligence; (b) Under section 2(3) of the Consumer Protection Act 1987; (c) For fraud or fraudulent misrepresentation; or (d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
30.4 Subject to the aforesaid, in no event shall we (including our parents, subsidiaries, affliates, officers, directors, members, employees or agents) under any circumstances whatsoever be liable to you for any loss, damage (whether direct, indirect, punitive, actual, conseqential, incidental. special, exemplary or otherwise) costs, expenses, liabilities or penalties, whether in contract, tort, breach of statutory duty or otherwise, whether foreseeable or unknown, arising from, in connection with or including but not limited to:
(a) your use of our website
(b) any corruption or loss of data
(c) any inability to access our website, including, withiout limitation, any interruptions, suspension or withdrawal or our website (for any reason whatsoever)
(d) any use you make of any content or materials on our website, including any reliance you make on such content or material
(e) loss of income or revenue
(f) loss of business
(g) loss of profits or contracts
(h) loss of anticipated savings
(i) loss of data, or
(j) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; provided that this clause 30.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 30.1 or clause 30.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (j) inclusive of this clause 30.4.
(k) any loss or reputation or goodwill
(l) any loss of a chance or opportunity; or
(m) any other secondary, consequential or indirect losses, and even if we have been advised of the possibility of such loss or damage, without limitation, you assume the entire cost of all necessary servicing, repair or correction in the event of any such loss, damage, costs, expenses, liabilites or penalties arising.
30.5 We shall not be liable for any damage that could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
30.6 You specifically agree that we shall not be liable for any content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
30.7 You agree that in the event that you incur any damages, losses or injuries arising out of or in connection with, our acts or omissions, the damages, if any, casued to you are not irreparable or sufficient to entitle you to an injuction preventing any exploitation of any website, service, property, product or other content owned or controlled by us, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any website, property, product, service, or other content owned or controlled by us.
30.8 To the extent that any of the provisions of this clause 30 (Exclusions and Limitations of Liability) are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law.
31.1 You (and also any third party for or on behalf of whom you operate an account or activity on the website) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the website or those conducted on your behalf):
(a) your uploads, access to or use of the website;
(c) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
(d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
(e) any misrepresentation made by you.
31.2 You will cooperate as fully required by us in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.
32.1 The website is are provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permissable by law, we do not make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to:
(a) the service;
(b) the website content;
(c) user content; or
(d) Security associated with the transmission of information to the website. In addition, we hereby disclaim all warranties, express or implied, including but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system intergration and freedom from computer virus.
32.3 By accessing or using the website you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service.
32.4 We do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of action of any kind or character based upon or resulting from any content.
33. Governing Law and Jurisdiction
Contracts for the purchase of products through our site will be governed by Northern Ireland law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of Northern Ireland.
34. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Camperco, Cyril Johnston Complex, Ballynahinch Road, Carryduff, Belfast, Northern Ireland, BT8 8DJ or email@example.com. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 34. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
36.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
36.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
36.3 No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 34.
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
38. Events Outside Our Control
38.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
38.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
38.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
39. Transfer Of Rights And Obligations
39.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
39.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
39.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
40. Entire Agreement
40.1 These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
40.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
40.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.