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TERMS AND CONDITIONS |
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WELCOME TO THE
www.ourasia.co.uk
WEBSITE TERMS AND CONDITIONS FOR USE. THESE TERMS AND
CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT
www.ourasia.co.uk. BY
ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO
BE BOUND BY THESE TERMS AND CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS
REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US
OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT
USE THIS WEBSITE. |
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The www.ourasia.co.uk
website is operated by:
OUR WEB LTD, a company registered in England and Wales,
whose registered office is at P.O.Box 7047,Mickleover,
Derby, Derbyshire, United Kingdom, DE1 9RQ. Our company
registration number is 05511053.
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Our contact details are as
follows: |
Trading address:
P.O. Box 7047, Mickleover,
Derby, Derbyshire,
United Kingdom,
DE1 9RQ. |
General email: sales@ourasia.co.uk
MSN Available for immediate response,
not manned
24 hours:
Richardjamesmarketing@ntlworld.com
Telephone number: 0044 (0)1332 728773
Fax number 0044 (0)1332 728773
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1. INTRODUCTION |
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1.1 |
You will be able to access
most areas of this Website without registering your
details with us. Certain areas of this Website are only
open to you if you register. |
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1.2 |
We may revise these terms
and conditions at any time by updating this posting. You
should check this Website from time to time to review
the then current terms and conditions, because they are
binding on you. Certain provisions of these terms and
conditions may be superseded by expressly designated
legal notices or terms located on particular pages of
this Website. If you do not wish to accept any new terms
and conditions after we have given notice, you should
not continue to use this Website. |
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2. ORDERING FROM US |
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2.1 |
You are deemed to place an
order with us by ordering via our online checkout
process. As part of our checkout process you will be
given the opportunity to check your order and to correct
any errors. We will send you an order acknowledgement,
detailing the products you have ordered. |
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2.2 |
Our acceptance of an order
takes place when we despatch the order. We will send you
a despatch confirmation by email. When we despatch the
order the purchase contract will be made even if your
payment has been processed immediately, unless we have
notified you that we do not accept your order or you
have cancelled your order |
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2.3 |
We may refuse to accept an
order: (a) where
goods are not available;
(b) where we cannot obtain authorisation for your
payment;
(c) if there has been a pricing or product description
error; or
(d) if you do not meet any eligibility criteria set out
in our terms and conditions. |
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3. PRICING |
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3.1 |
Where we charge separately
for packing, carriage and insurance and other relevant
charges, the appropriate rates are set out in our
specified pricing structure shown elsewhere on this
Website. |
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3.2 |
Our prices are reviewed
periodically and the next review will be on 09/10/2005. |
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4. CANCELLATION AND RETURNS
POLICY |
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4.1 |
If you wish to cancel your
order:
(a) you can notify us by
email to
sales@ourasia.co.uk before we have dispatched the
goods to you; or
(b) where goods have already been dispatched to you, by
returning goods to us in accordance with clause 4.2
below. |
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4.2 |
You can return goods you
have ordered from us for any reason at any time within
14 days of receipt for a full refund or exchange.
Subject to Customer Services having been informed of any issue with the product, within 48 hours of delivery. The
costs of returning goods to us shall be borne by you. |
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4.3 |
Upon receipt of the goods
we will give you a full refund of the amount paid or an
exchange credit as required.Subject to the goods being returned unused in anyway. |
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4.4 |
The rights to return the
goods to us as referred to in clause 4.3 will not apply
in the following circumstances: - in the event that the
product has been used in any way. Please note that garments must not be worn as
Asian garments are highly fragile and susceptable to body & perfume odours.
In the case of software, audio or
visual products, where the packaging has been unsealed
where the products are magazines or newspapers to any
products that we have made or customised specifically
for you to any products that by their nature have a
limited lifespan, such as flowers and fresh food The
provisions of this clause 4.4 do not affect your
statutory rights. |
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5. LICENCE |
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5.1 |
You are permitted to print
and download extracts from this Website for your own use
on the following basis:
(a) no documents or
related graphics on this Website are modified in any
way;
(b) no graphics on this Website are used separately from
accompanying text; and
(c) any of our copyright and trade mark notices and this
permission notice appear in all copies. |
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5.2 |
Unless otherwise stated,
the copyright and other intellectual property rights in
all material on this Website (including without
limitation photographs and graphical images) are owned
by us or our licensors. For the purposes of these terms
and conditions, any use of extracts from this Website
other than in accordance with clause 5.1 above for any
purpose is prohibited. If you breach any of the terms in
these terms and conditions, your permission to use this
Website automatically terminates and you must
immediately destroy any downloaded or printed extracts
from this Website. |
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5.3 |
Subject to clause 5.1, no
part of this Website may be reproduced or stored in any
other website or included in any public or private
electronic retrieval system or service without our prior
written permission. |
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5.4 |
Any rights not expressly
granted in these terms are reserved. |
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6. SERVICE ACCESS |
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6.1 |
While we endeavour to
ensure that this Website is normally available 24 hours
a day, we will not be liable if for any reason this
Website is unavailable at any time or for any period. |
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6.2 |
Access to this Website may
be suspended temporarily and without notice in the case
of system failure, maintenance or repair or for reasons
beyond our control. |
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7. VISITOR MATERIAL AND
CONDUCT |
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7.1 |
Other than personally
identifiable information, which is covered under the
Privacy Policy, any material you
transmit or post to this Website will be considered
non-confidential and non-proprietary. We will have no
obligations with respect to such material. We and our
nominees will be free to copy, disclose, distribute,
incorporate and otherwise use such material and all
data, images, sounds, text and other things embodied
therein for any and all commercial or non-commercial
purposes |
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7.2 |
You are prohibited from
posting or transmitting to or from this Website any
material:
(a) that is threatening,
defamatory, obscene, indecent, seditious, offensive,
pornographic, abusive, liable to incite racial hatred,
discriminatory, menacing, scandalous, inflammatory,
blasphemous, in breach of confidence, in breach of
privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary
licences and/or approvals;
(c) which constitutes or encourages conduct that would
be considered a criminal offence, give rise to civil
liability, or otherwise be contrary to the law of or
infringe the rights of any third party, in the UK or any
other country in the world; or
(d) which is technically harmful (including, without
limitation, computer viruses, logic bombs, Trojan
horses, worms, harmful components, corrupted data or
other malicious software or harmful data). |
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7.3 |
You may not misuse the
Website (including, without limitation, by hacking). |
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7.4 |
We will fully co-operate
with any law enforcement authorities or court order
requesting or directing us to disclose the identity or
locate anyone posting any material in breach of clauses
7.2 or 7.3. |
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8. LINKS TO AND FROM OTHER
WEBSITES |
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8.1 |
Links to third party
websites on this Website are provided solely for your
convenience. If you use these links, you leave this
Website. We have not reviewed all of these third party
websites and do not control and are not responsible for
these websites or their content or availability. We
therefore do not endorse or make any representations
about them, or any material found there, or any results
that may be obtained from using them. If you decide to
access any of the third party websites linked to this
Website, you do so entirely at your own risk |
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8.2 |
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, the home page of this
Website, and subject to the following conditions:
(a) you do not remove,
distort or otherwise alter the size or appearance of the
www.ourasia.co.uk
logo;
(b) you do not create a frame or any other browser or
border environment around this Website;
(c) you do not in any way imply that we are endorsing
any products or services other than our own;
(d) you do not misrepresent your relationship with us
nor present any other false information about us;
(e) you do not otherwise use any
www.ourasia.co.uk
trade marks displayed on this Website without our
express written permission;
(f) you do not link from a website that is not owned by
you; and
(g) your website does not contain content that is
distasteful, offensive or controversial, infringes any
intellectual property rights or other rights of any
other person or otherwise does not comply with all
applicable laws and regulations.
We expressly reserve the right to revoke the right
granted in this clause 8.2 for breach of these terms and
to take any action we deem appropriate. |
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8.3 |
You shall fully indemnify
us for any loss or damage we or any of our group
companies may suffer or incur as a result of your breach
of clause 8.2. |
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9. REGISTRATION |
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9.1 |
To register with
www.ourasia.co.uk you must be over eighteen years of
age. |
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9.2 |
Each registration is for a
single user only. We do not permit you to share your
user name and password with any other person nor with
multiple users on a network. |
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9.3 |
Responsibility for the
security of any passwords issued rests with you and if
you know or suspect that someone else knows your
password, you should contact us immediately |
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9.4 |
We may suspend or cancel
your registration immediately at our reasonable
discretion or if you breach any of your obligations
under these terms and conditions. |
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10. DISCLAIMER |
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10.1 |
While we endeavour to
ensure that the information on this Website is correct,
we do not warrant the accuracy and completeness of the
material on this Website. We may make changes to the
material on this Website, or to the products and prices
described in it, at any time without notice. The
material on this Website may be out of date, and we make
no commitment to update such material. |
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10.2 |
The material on this
Website is provided “as is” without any conditions,
warranties or other terms of any kind. Accordingly, to
the maximum extent permitted by law, we provide you with
this Website on the basis that we exclude all
representations, warranties, conditions and other terms
(including, without limitation, the conditions implied
by law of satisfactory quality, fitness for purpose and
the use of reasonable care and skill) which but for
these terms and conditions might have effect in relation
to this Website. |
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11. LIABILITY |
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11.1 |
We, any other party
(whether or not involved in creating, producing,
maintaining or delivering this Website), and any of our
group companies and the officers, directors, employees,
shareholders or agents of any of them, exclude all
liability and responsibility for any amount or kind of
loss or damage that may result to you or a third party
(including without limitation, any direct, indirect,
punitive or consequential loss or damages, or any loss
of income, profits, goodwill, data, contracts, use of
money, or loss or damages arising from or connected in
any way to business interruption, and whether in tort
(including without limitation negligence), contract or
otherwise) in connection with this Website in any way or
in connection with the use, inability to use or the
results of use of this Website, any websites linked to
this Website or the material on such websites, including
but not limited to loss or damage due to viruses that
may infect your computer equipment, software, data or
other property on account of your access to, use of, or
browsing this Website or your downloading of any
material from this Website or any websites linked to
this Website. |
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11.2 |
Nothing in these terms and
conditions shall exclude or limit our liability for (i)
death or personal injury caused by negligence (as such
term is 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 applicable law. |
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11.3 |
If your use of material on
this Website results in the need for servicing, repair
or correction of equipment, software or data, you assume
all costs thereof. |
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11.4 |
You agree to indemnify us
fully, defend and hold us, and our officers, directors,
employees and agents, harmless from and against all
claims, liability, damages, losses, costs (including
reasonable legal fees) arising out of any breach of the
terms and conditions by you, or your use of this
Website, or the use by any other person using your
registration details. |
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12. GOVERNING LAW AND
JURISDICTION |
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12.1 |
These terms and conditions
shall be governed by and construed in accordance with
English law. Disputes arising in connection with these
terms and conditions shall be subject to the exclusive
jurisdiction of the English courts. |
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12.2 |
We do not warrant that
materials/items for sale on the Website are appropriate
or available for use outside the United Kingdom. It is
prohibited to access the Website from territories where
its contents are illegal or unlawful. If you access this
Website from locations outside the United Kingdom, you
do so at your own risk and you are responsible for
compliance with local laws. |
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13. MISCELLANEOUS |
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13.1 |
You may not assign,
sub-license or otherwise transfer any of your rights
under these terms and conditions. |
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13.2 |
If any provision of these
terms and conditions is found by any court of competent
jurisdiction to be invalid, the invalidity of that
provision will not affect the validity of the remaining
provisions which shall continue to have full force and
effect. |
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13.3 |
Only the parties to these
terms and conditions may seek to enforce them under the
Contracts (Rights of Third Parties) Act 1999. |
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