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Terms and Conditions


These terms and conditions govern your use of our website. Our terms have been provided and approved by legal advice and documents resource www.dawsons-law.co.uk please read the terms in full before you use this Website. If you do not accept these terms, please do not use this Website. Using the Website implies that you accept these terms. We do occasionally update these terms so please refer back to them in the future.

 1.                    Site Access

  1.1                You will be able to access some of this Website without having to register any details with us. [However, particular areas of this Website will only be accessible only if you have registered and are a paying member with the correct level of access]

 2.                   Use Of Website

  2.1                You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.

  2.2                The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.

  2.3                Subject to paragraph 2.1, no part of this Website may be reproduced without our prior written permission. 

 3.                   Site Uptime

  3.1                We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.

  3.2                This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.

 4.                   Visitor Conduct

  4.1                With the exception of personally identifiable information, the use of which is covered under our Privacy Policy [insert hyperlink here], any material you send or post to this Website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.

  4.2                When using this website you shall not post or send to or from this Website any material:

  (a)            for which you have not obtained all necessary consents;

  (b)            that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;

  (c)            which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

  4.3                [We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 4.2.]

 5.                   Links to and From Other Websites

  5.1                Any links to third party websites located on this Website are provided for your convenience only.  We have not reviewed each third party website and have no responsibility for such third party websites or their content.  We do not endorse the third party websites or make representations about them or any material contained in them.  If you choose to access a third party website linked to from this Website, it is at your own risk.

  5.2                If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:

  (a)            you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;

  (b)            you do not misrepresent your relationship with us or present any false information about us;

  (c)            you do not link from a website that is not owned by you; and

  (d)            your website does not contain content that is offensive,  controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.

 5.3                If you choose to link to our website in breach of Paragraph 5.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.

 6.                   Disclaimer

 6.1                We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.

 6.2                The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.

 7.                    Exclusion of Liability

 7.1                Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or  responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.

 7.2                Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United Kingdom.

 8.                   Governing Jurisdiction

 This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.

 

Terms and Conditions/Refund Policy of Membership

1  The approval of membership applications and the continuation of membership subscriptions are entirely at the discretion of SMP.

2  Membership applications will not be processed until the relevant supporting information is received.

3  Membership subscriptions commence for 12 months or 1 month from the day of the application being received and approved by SMP.

4  The membership subscription renewal date is 12 months or 1 month after the last day of the month of joining, eg. if you join 15th May, the renewal date is 31st May the following year.

5  Membership is for 12 months or 1 Month and the member agrees to pay the subscription fee as a full payment at the start of the membership period.  Fees are paid by Paypal or Barclays direct debit.

6  The yearly/monthly subscription fee is set at the amount fixed and agreed by SMP .

7  Renewal of subscriptions is at the discretion of the member and SMP have the right to cancel without notice any membership.

Cancellation and Refund Policy:  A proportion of the membership fee will be refunded (in complete months remaining on the subscription year) if cancellation is notified in writing to SMP within 1 month of the renewal date.  Outside this period, refunds are granted at the sole discretion of SMP. There will be a £20 admin cost for any refund.

9  Existing members of SMP may continue to hold full membership status of SMP and on cancellation will revert to level 1 unless otherwise stated in writing.

10 The valuable rights and benefits of SMP membership may be varied by SMP, subject to one month's notice to all members.

Personal Data:  Personal data provided by the member to SMP is subject to the Data Protection Act 1998.  This data may be used to supply you with information relevant to you as a member.  Please inform SMP if you do not wish to receive any information from SMP.

For Products:

The purchase and supply of goods terms are set out below.  By purchase of any goods you accept and agree to be bound by these purchase and supply of goods terms and any modifications:

Availability:

If any of the goods are unavailable for supply SMP will notify you as soon as possible.  

Acceptance of orders:

Any order through the SMP website will only be accepted when SMP sends you an email confirming acceptance of your order. Until you receive that email there will not be a binding contract between SMP and you. Any information on our website, or your filling in of details or clicking any button or icon indicating you are making an order does not and is not intended to constitute a binding contract.

Delivery:

Delivery will be made to the address specified by you on your order form within 7 to 14 days.  Delivery will be made by Royal Mail or other form of postage/delivery including courier services.

Goods lost in transit:

No claim for goods lost in transit can be accepted unless notified in writing within 7 working days from the delivery date specified above.

Cancellation:

  • You can cancel your order within 14 working days (excluding weekends and bank holidays) starting from the day after the goods were received by you.
  • To cancel the order you will need to send a letter to us. You can send the letter by post, email or by personal delivery. Contact details of where to send the letter are set out in below. If you cancel the order orally, you will need to confirm the oral cancellation in writing and send it to us by one of the means specified in this paragraph. If you have received the goods and wish to return them please follow the instructions for the return of unwanted goods below. You must pay the cost of returning the goods. Alternatively, we can collect the goods from you, but you will have to pay the collection cost.

Return of unwanted goods:

  • You may return goods purchased from SMP which are in their original condition and can be resold within 21 calendar days from the day after the goods were received by you. Special items specifically ordered for you cannot be returned.
  • If you wish to return the goods you must pay the cost of returning the goods. Alternatively, we can collect the goods from you, but you will have to pay the collection cost.
  • Before returning any goods you should first telephone or email SMP to ascertain if the goods can be returned. Upon authorisation from SMP, all acceptable goods returned must be accompanied by a returns document that will be sent to you on your request.  Returned goods must reach us within 7 calendar days of the issue date of the return document.
  • Lost and/or damaged goods and any unauthorised returned goods will be your responsibility and SMP will not be liable and no refund will be made.
  • Any returned goods may be exchanged or refunded. SMP reserves the right to refuse an exchange or refund if the goods are returned in a non-saleable condition or are damaged.

Payment:

  • For non business customers payment may be made online by credit or debit card via PaypPal or by an existing PayPal account at the time of order of the goods.
  • Business customers (ie, schools/colleges) may pay by credit or debit card or by BACS.  An invoice will be sent separately on dispatch of the goods. BACS payment details will be specified on the invoice.
  • Payment will only be considered received on receipt of cleared funds.

Limitations of Liability:

  • If the goods delivered by SMP are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, SMP shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 calendar days of the delivery of the goods in question.
  • If you do not receive goods ordered by you in accordance with the paragraph under 'Delivery' above, SMP shall have no liability to you unless you notify SMP in writing at our contact address of the problem.
  • If you notify a problem to SMP under this condition our only obligation will be, at your option:
  • - to make good any shortage or non-delivery;
  • - to replace or repair any goods that are damaged or defective; or
  • - to refund to you the amount paid for the goods in whatever way SMP chooses.
  • Save as precluded by law, SMP will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to SMP under this condition SMP shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question as above.
  • You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from SMP. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
  • Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded.
  •  

Entire Agreement:

These terms and conditions, together with any order forms or documents from SMP referenced under this agreement set out the whole of our agreement relating to the supply of the goods to you by SMP. Nothing said by any salesperson, agent, employee, director or other representative on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

Invalidity:

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

Law and jurisdiction:

The validity, construction and performance of this contract shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which you and we submit.

Third parties:

For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of this contract this is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

Privacy Policy:

We do not store credit or debit card details, nor do we share customer details with and third party.

 

 

 Our business’s name is:  SMP FAIB LIMITED. No. 8645801

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