Please read these Terms and Conditions carefully before using the website operated by Historic Originals. In particular, we draw your attention to paragraphs 8 (Applicability of online materials) and 12 (Liability).
Without prejudice to the above, by using or accessing our website, you agree to be legally bound by these Terms and Conditions of use as they apply to your use of or access to our website.
If you do not wish to be bound by these Terms and Conditions then you may not use our website.
Nature of our Website
Our website is a place for you to select and order goods and services ('the Products'). Details of the Products and details of the sellers or providers of these Products are, as required by law, shown on our website next to each Product. Products are sold subject to the terms and conditions imposed by the seller of that particular Product. In the event of any conflict between the terms and conditions of sale of the seller and these Terms and Conditions, the terms and conditions of the seller shall prevail. By using this site you acknowledge the contract for sale and purchase of the Product in question is exclusively a contract between yourself and the seller of that Product.
Where Historic Originals is the seller of the Product the sale will be subject to the specific terms set out in paragraph 4.
Please note that the contents of our website are aimed at users aged 16 years and above, but you must be over 18 years to purchase the Products, using the payment method displayed on our website.
Buying Products on our Website
To order a product you will need to follow the ordering procedures set out on the relevant order page.
Details of the prices for the Products and the procedures for payment and delivery are displayed on or through our website. The price of any Product is the price in force at the date and time of your order. The price of any Product may change before you place an order. We try to ensure that the prices displayed on our website are accurate but the price on your order will need to be validated by the seller as part of the acceptance procedure (see paragraph 4.1). 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.
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, or any electronic cash, 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.
Historic Originals Products
Where Historic Originals is the seller the provisions of this paragraph 4 shall apply in addition to the other provisions of these Terms and Conditions:
You must pay for the Products by credit or debit card at the time of the order, at which time you will be notified of the current price.
Historic Originals is entitled to refuse any order placed by you to the point of dispatch. We will acknowledge your order to you by online electronic means ('Confirmation') to the e-mail address you have given us on ordering. 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.
You may return any Products you have purchased within 28 working days of delivery for any reason (including if you simply change your mind). You will then be entitled to a refund from Hot Diamonds Group, which will be paid as soon as possible, but in any event within 30 days. In normal circumstances, you will be able to return unwanted parcels using a freepost label attached to your order delivery note. We do not accept responsibility for the safe arrival of these parcels at our returns centre. On request, we will collect the Products from you, but the cost of this will be charged to you and we may deduct this from the refund. While in your possession, you must keep any Products you intend to return to us in good condition. The rights referred to in this paragraph do not apply where:
· before the end of the 28-day period you have enjoyed the benefit of the Product and for that reason it cannot be cancelled, returned or re-sold;
· where the Product by reason of its nature is likely to deteriorate or expire rapidly;
· The Product consists of audio or video recordings or computer software and the sealed packaging has been opened or damaged by you.
· the Product delivered is not what you ordered; or
· the Product delivered is not of a satisfactory quality we will refund to you the price paid (including any carriage charges incurred) and your reasonable carriage costs of returning the Product should you not use our freepost returns service.
If you have any complaints, you should direct them to us via e-mail at firstname.lastname@example.org or by post to Hot Diamonds Customer Services, c/o Historic Originals, 200 Brook Drive, Green Park, Reading, Berkshire. RG2 6UB.
Modifications to Website
We reserve the right to alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless stated otherwise, any new features including new content, and/or the sale of new Products shall be subject to these Terms and Conditions.
Information you Provide
The following applies to any information you provide to us, for example during any registration or ordering process:
Processing and disclosure rights
By accepting these Terms and Conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information following notification to you by means of a notice on our website, which you should check regularly. If you would like to review or modify any part of your Personal Information then you should e-mail us at email@example.com.
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username 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 Hot Diamonds Group immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.
Applicability of Online Materials
Unless otherwise stated, text on our website is presented solely for your private, personal and non-commercial use.
You may not download, print or store any such material or send or show any copy thereof to anyone who is not a fellow employee or a member of your immediate family or friends. In the event of any breach of this term:
· you will be liable to indemnify Historic Originals and any of its suppliers against any damage (including costs on an indemnity basis) which they or any of them may suffer as a result of such breach; and
· You may be denied any further use of our website.
Third Party Materials
Our website is controlled and operated by us from our offices in [location of offices]. Where content published on the website is supplied by third parties, you understand that we do not control or endorse their contents in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content, except for content which relates directly to Products you purchase. You assume total responsibility and risk for your use of our website and use of all information contained within it. This will not affect any rights which you may have under warranties or otherwise against the manufacturers or suppliers.
Compliance with Law
We have used our best endeavours to ensure that our website complies with UK law. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK.
Exclusion of Warranties
Historic Originals makes 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. Historic Originals accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
Copyright and Monitoring
The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Hot Diamonds Group or other third party licensors. All product and company names and logos mentioned in our website are the trademarks, 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 Historic Originals 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, for example in order to complete any test or questionnaire.
Historic Originals makes 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 Historic Originals and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that Historic Originals endorses or accepts any responsibility for the content, or the use of, such a website and 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.
No Linking to or Extraction of Data or Other Information from Historic Originals Site
Any linking to, deep linking to, or extraction from the Hot Diamonds Group Site without the written consent of Historic Originals in hard copy with original signature by a director of Historic Originals is strictly prohibited.
Without prejudice to the generality of the foregoing sub-paragraph 10.2 any third party contravening the provisions of sub-paragraph 10.2 shall be liable for liquidated damages to Hot Diamonds Group for the aggregate of twice the value of any goods sold as a result of such unauthorised activity and all costs incurred by Historic Originals whatsoever in researching and dealing with the relevant breach of these Terms and Conditions.
As a result of viewing this website some information may become stored upon your computer. This information may be in the form of a 'cookie' or similar file which may help Historic Originals in many ways for instance to improve the content of the website or to improve the matching of users interests or preferences. If you do not want a cookie to be stored in your computer, most Internet browsers have functions to erase cookies from the computer's hard drive or to block all cookies or to receive a warning before a cookie is stored. You are welcome to use such facilities to prevent the installation of any cookie but by accessing our website you consent to Historic Originals's use of any information gathered for the purposes mentioned above.
Availability of our Website
We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or is 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.
All Products you purchase from our website irrespective of whether we are the seller or not will be covered by such guarantees and warranties as are provided by the manufacturer/producer/provider of the Product and we accept no liability for them. All other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Products, our website or any information or service provided through our website are strictly excluded. We will do our best to ensure that all materials and information published on our website are accurate, but please note that all materials and information on our website are provided on an 'as is' basis.
Exclusion of Liability
In relation to the purchase of Products, 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), 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, 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 Hot Diamonds Group or our servants, agents or any other person.
Limit of Liability
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.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or 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 (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
The limitations and exclusions in this clause only apply to the extent permitted by applicable law.
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
These Terms and Conditions together with the seller's terms and conditions, any order form and payment method instructions, if any, are your whole agreement in relation to Historic Originals and any Product and you understand that any agreement to order or purchase Products from or through our website will be an agreement between you and the seller of such Products. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by Historic Originals or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in the relevant terms and conditions, order form and payment method instructions.
If any provision or term of these Terms and Conditions shall become or be declared illegal, unlawful, 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.
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 English court.
Causes beyond Control
Neither you nor Historic Originals will be held liable for any failure to perform any obligation to the other due to causes beyond your or Hot Diamonds Group's respective reasonable control.
Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.
All notices shall be given:
To us via e-mail at firstname.lastname@example.org; or to you at either the e-mail or postal address you provide during any ordering process. 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.
These terms and conditions replace all other Terms and Conditions previously applicable to the use of our website.