TERMS AND CONDITIONS
This website is operated by Engage Marketing Inc. ("us" or "we"): registered office 9260 Owensmouth Avenue, Chatsworth, California 91311.
By using this website, you, the user ("the user", or "you", or "your")
are subject to the terms and conditions imposed by us upon this site,
as set out below, and which includes all the website's hyper-linked sections.
Before using this website, please familiarize yourself with these Terms
and Conditions and print a copy for your future reference.
| 1.0 |
General |
| 1.1 |
Your continued use of the website signifies
your acceptance of the Terms and Conditions in force at the time of
use. It is the user's responsibility to check any change in the terms
and conditions, as we reserve the right to alter them at any time.
When this happens, the date of their compilation will be updated (see
top left). |
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| 2.0 |
Purchasing From the Website |
| 2.1 |
The purchase process is explained on
each page.
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| 2.2 |
An order is not an order until you have
received an acceptance confirmation from us. |
| 2.3 |
You should always print a copy of your
confirmation, as you cannot access details of your order via the website. |
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| 3.0 |
Payment |
| 3.1 |
First Data Corporation (LinkPoint) handles the Credit Card payment
process for us, once your order has been processed on the website.
This includes checking your details and clearing your payment. |
| 3.2 |
Once the order and payment have been
passed onto LinkPoint you should direct your enquires to LinkPoint if
you have any payment queries (details on the LinkPoint pages on our website). |
| 3.3 |
You will be charged the price of the
item on the website at the time of your order. |
| 3.4 |
Sales Tax is included within the price and
it also includes delivery. |
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| 4.0 |
Returns |
| 4.1 |
If the user is not happy for a valid
reason, then they should contact us, arrange to send back the original
and we will replace it with another copy, within 120 days. This does
not affect the users' statutory rights. |
| 4.2 |
We do try and make our claims as to
the performance of the site and subsequent manufacturing process as
accurate as possible, but we do not guarantee any of these claims. |
| 4.3 |
Under the Distance Selling Regulations
you have a right to cancel your order for any item purchased on this
website, for a full refund, as long as they are not personalized,
or made to your specification. |
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| 5.0 |
Delivery |
| 5.1 |
We can onlydeliver products to customers
with US addresses, via the USPS, or an alternative deliverer, if we think
it appropriate. And we can only deliver to the postal address that matches
the address lodged by the users' credit card company. |
| 5.2 |
We will endeavor to deliver the product
within five working days, but we cannot guarantee this, and we accept no
liability for any delay, or failure to deliver within estimated timescales. |
| 5.3 |
Once the product is delivered to the
users' postal address, the risk of loss and damage is passed to the
user. |
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| 6.0 |
Intellectual Property Rights of Our
Products |
| 6.1 |
By the use of this site, you acknowledge
and agree that all copyright, trademarks and all other intellectual
property rights in all materials and/or content made available as
part of your use of this website shall remain at all times vested
in us. |
| 6.2 |
You acknowledge and agree that the material
and content contained within this website is made available for your
personal and non-commercial use only, and that you may only download
such material and content for the purpose of using this website, and
make no further use it whatsoever outside of this website. You further
acknowledge that any other use of the material and content of this
website is strictly prohibited and you agree not to (and agree not
to assist or facilitate any third party to) copy, reproduce, transmit,
publish, display, distribute, commercially exploit or create derivative
works of such material and content. |
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| 7.0 |
Liability and Indemnity |
| 7.1 |
We will use reasonable endeavors to verify
the accuracy of any information on the site, but we make no representation,
or warranty of any kind express, or implied statutory or otherwise regarding
the contents, or availability of the site, or that it will be timely or
error-free, that defects will be corrected, or that the site, or the servers
that makes it available are free of viruses, or bugs, or represents the
full functionality, accuracy, reliability of the website; we will not be
responsible, or liable to you for any loss of content or material uploaded,
or transmitted through the website and we accept no liability of any kind
for any loss or damage from action taken, or taken in reliance on material
or information contained on the website. |
| 7.2 |
We will not be liable, in contract, tort
(including, without limitation, negligence), pre-contract or other representations
(other than fraudulent on negligent misrepresentations) or otherwise out
of or in connection with the terms and conditions for any: economic losses
(including without limitation loss of revenues, data, profits, contracts,
business or anticipated savings); or economic losses (including without
limitation loss of revenues, data, profits, contracts, business or anticipated
savings); or loss of goodwill or reputation; or special or indirect losses
suffered or incurred by that party arising out of or in connection with
the provisions of any matter under these terms and conditions. |
| 7.3 |
We will take all reasonable precautions
to keep the details of your order and payment secure, but, unless we are
negligent, we cannot be held liable for any losses caused as a result of
unauthorized access to information provided by you. |
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| 8.0 |
Other Provisions |
| 8.1 |
The contract between you and us shall be
governed by the laws of the County of Los Angeles, State of California
and any dispute between you and us will be resolved exclusively in the
courts of the County of Los Angeles, State of California. |
| 8.2 |
We shall be under no liability for any
delay or failure to deliver products or otherwise perform any obligation
as specified in these terms and conditions if the same is wholly or partly
caused whether directly or indirectly by circumstances beyond its reasonable
control. |
| 8.3 |
We may provide links to other websites
or resources for you to access at your sole discretion. You acknowledge
and agree that, as you have chosen to enter the linked website we are not
responsible for the availability of such external sites or resources, and
do not review or endorse and are not responsible or liable, directly or
indirectly, for (1) the privacy practices of such websites, (2) the content
of such websites, including (without limitation) any advertising, content,
products, goods or other materials or services on or available from such
websites or resources or (3) the use to which others make of these websites
or resources, nor for any damage, loss or offence caused or alleged to
be caused by, or in connection with, the use of or reliance on any such
advertising, content, products, goods or other materials or services available
on such external websites or resources. |
| 8.4 |
You may not assign, or sub-contract any
of your rights, or obligations under these terms and conditions, or any
related order for products to any third party unless agreed upon in writing
by us. |
| 8.5 |
We reserve the right to transfer, assign,
novate, or sub-contract the benefit of the whole, or part of any of its
rights, or obligations under these terms and conditions, or any related
contract to any third party. |
| 8.6 |
If any part of these terms and conditions
is held by any competent authority to be invalid, or unenforceable in whole
or in part, the validity or enforceability of the other sections of these
terms and conditions shall not be affected. |
| 8.7 |
These terms and conditions, including the
documents or other sources referred to in these terms and conditions supersede
all prior representations understandings and agreements between you and
us relating to the use of this website (including the order of products)
and sets forth the entire agreement and understanding between you and us
for your use of this website. |
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| 9.0 |
Use of Your Personal Information/Security |
| 9.1 |
It is important for you to know that we
may use some of the personal information provided by you during the use
of this website and by using this site you agree to this use unless you
have chosen otherwise using the facilities provided on the order pages. |
| 9.2 |
Your contact details will be stored in
our computer database and this, together with other information provided
by you (and this information may be supplemented by information we receive
from third parties), may be used by us to (unless you have chosen otherwise
using the facilities on the order pages):
(1) for assessment and analysis (e.g. market, customer and product analysis)
to enable us to review, develop and improve the services which we offer
and to enable us to provide you and other customers with relevant information
through our marketing program. We may use your information to make decisions
about you using computerized technology, for example automatically selecting
products or services which we think will interest you from the information
we have. We may keep you informed of such products and services (including
special offers, discounts, offers, competitions and so on by any of the
following methods, including e-mail; telephone; SMS text message and
post; and
(2) arrange and monitor any competitions we might offer on
the website. |
| 9.3 |
In order to protect you and our other customers,
and us, from fraud and theft, we may pass on information that we obtain
from making identity checks and other information in our customer records,
including how you conduct your account, to other companies, other retailers
and to financial and other organizations (including law enforcement agencies)
involved in fraud prevention and detection, to use in the same way. |
| 9.4 |
As regards the Disclosure of Your Information,
unless you have chosen otherwise using the facilities on the order
pages, we may give information about you to the following, who may
use it for the same purposes as set out above:
(1) to other companies in our Group;
(2) to employees and agents of our Group to administer any accounts,
products and services provided to you by our Group now or in the future;
(3) agents who (on our behalf) profile your data so that we may tailor
the goods/services we offer to your specific needs;
(4) to other organisations for the administration of prize draws or
competitions.
(5) to anyone to whom we transfer or may transfer our rights and duties
under our agreement with you. |
| 9.5 |
As regards Cookies, we may use this technology
to provide you with, for example, customized information from our web site.
A cookie is an element of data that a web site can send to your browser,
which may then store it on your system. Cookies allow us to understand
who has seen which pages and advertisements, to determine how frequently
particular pages are visited and to determine the most popular areas of
our web site. You do not have to accept cookies, and you should read the
information that came with your browser software to see how you can set
up your browser to notify you when you receive a cookie, this will give
you the opportunity to decide whether to accept it. If you do not use cookies,
we regret to inform you that our site will not function correctly. We use
cookies so that we can give you a better experience when you return to
our web site. |
| 9.6 |
We may use third-party advertising companies
to serve ads on our behalf. These companies may employ cookies and
action tags (also known as single pixel gifs or web beacons) to measure
advertising effectiveness. Any information that these third parties
collect via cookies and action tags is completely anonymous. |
| 9.7 |
As regards Security, we take all reasonable
steps to protect your personal information. However, we cannot guarantee
the security of any data you disclose on-line. You accept the inherent
security risks of providing information and dealing on-line over the
Internet and will not hold us responsible for any breach of security
unless this is due to our negligence or wilful default. |
| 9.8 |
You have the right to see personal data
(as defined in the Data Protection Act) that we keep about you, upon
receipt of a written request and payment of a fee. If you are concerned
that any of the information we hold on you is incorrect please contact
us. Please note that our site may link to other web sites which
may be accessed through our site. We are not responsible for the data
policies or procedures or the content of these linked web sites. |
| 9.9 |
If you have previously chosen to be
on our mailing list, and would now like to be removed, please contact
us and we will remove within a reasonable time period, your details
from our mailing list. |
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