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BACKGROUND:

This agreement applies as between you, the User of this Web Site or Purchaser and Gentworks Limited, the owner(s) of this Web Site.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance.  The Purchaser"s order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email or invoice to the Purchaser.

1.                  Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 

2.                  Business Customers

These Terms and Conditions apply to business customers only.                 

If you are a Non-Business Customer please see Terms and Conditions for Non-Business Customers.

3.                  International Customers

If Goods are being ordered from outside Gentworks" country of residence, import duties and taxes may be incurred once the Goods reach their destination.  Gentworks is not responsible for these charges and we undertake to make no calculations or estimates in this regard.  If a Purchaser buying internationally, they are advised to contact their local customs authorities for further details on costs and procedures.  The Purchaser of the Goods will also be the importer of record and as such should ensure that the purchase is in full compliance with the laws of the country into which the Goods are being imported.  Please be aware that Goods may be inspected on arrival at port for customs purposes and Gentworks gives no guarantee that the packaging of the Goods will be free of signs of tampering.

4.                  Intellectual Property

4.1              Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Gentworks , our affiliates or other relevant third parties.  By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

4.2              Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Gentworks.
 

5.                  Third Party Intellectual Property

5.1              Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

5.2              Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.

6.                  Fair Use of Intellectual Property

Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

7.                  Links to Other Web Sites

This Web Site may contain links to other sites.  Unless expressly stated, these sites are not under the control of Gentworks or that of our affiliates.  We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

8.                  Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.gentworks.co.uk without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of Gentworks.  To find out more please contact us by email at support@gentworks.co.uk or by post at The Barn, Emmington, Oxon OX39 4AA.

9.                  Use of Communications Facilities

9.1              When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:

9.1.1        obscene or vulgar language must not be used;

9.1.2        Content that is unlawful or otherwise objectionable must not be submitted.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

9.1.3        Content that is intended to promote or incite violence must not be submitted;

9.1.4        it is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;

9.1.5        the means by which Users identify themselves must not violate these terms of use or any applicable laws;

9.1.6        Users must not impersonate other people, particularly employees and representatives of Gentworks  or our affiliates; and

9.1.7        our System must not be used for unauthorised mass-communication such as "spam" or "junk mail".

9.2              You acknowledge that Gentworks reserves the right to monitor any and all communications made to us or using our System.

10.              Accounts

10.1          In order to purchase Goods on this Web Users are required to create an Account which will contain certain personal details and Payment Information which may vary based upon a User"s use of the Web Site as we may not require payment information until a purchase is to be made.  By continuing to use this Web Site you represent and warrant that:

10.1.1    all information you submit is accurate and truthful;

10.1.2    if you are buying on behalf of your employers, you have the authority to submit Payment Information where any such authority is required; and

10.1.3    you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

10.2          It is recommended that you do not share your Account details, particularly your username and password.  Gentworks accepts no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

10.3          If you have reason to believe that your Account details have been obtained by another without consent, you should contact Gentworks immediately to suspend your Account and cancel any unauthorised purchases that may be pending.  Please be aware that purchases can only be cancelled until they are dispatched.  In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Gentworks  accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.

10.4          When choosing a username Users are required to adhere to the terms set out above in Clause 9.  Any failure to do so could result in the suspension and/or deletion of your Account.

11.              Termination and Cancellation

11.1          Either Gentworks or a User may terminate an Account.  If Gentworks   terminates your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

11.2          If Gentworks terminates an Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.

11.3          Gentworks reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.

11.4          If purchases are cancelled for any reason prior to dispatch Purchasers will be refunded any monies paid in relation to those purchases.

11.5          If a User terminates their Account any non-dispatched purchases will be cancelled and a full refund of any monies paid in relation to those purchases will be paid through the payment method used when the Goods were purchased.

12.              Payment

12.1          Any and all invoices are due for payment on the date shown on the invoice, unless alternative arrangements have been agreed between the Purchaser and Gentworks.

12.2          Interest will be charged on a daily basis, commercial interest at 3% above the base rate of the Bank of England obtaining at the time.

13.              Goods, Pricing and Availability

13.1          Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Gentworks correspond to the actual Goods, Gentworks is not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether.  Please refer to Clause 16.1 for incorrect Goods.

13.2          Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.

13.3          Gentworks does not represent or warrant that such Goods will be available.  Stock indications are not provided on the Web Site

13.4          All pricing information on the Web Site is correct at the time of going online.  Gentworks reserves the right to change prices and alter or remove any special offers from time to time and as necessary.  All pricing information is reviewed and updated regularly.

13.5          In the event that prices are changed during the period between an order being placed for Goods and Gentworks processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;

13.6          All prices on the Web Site do not include VAT.  Gentworks Limited"s VAT number is 776 9073 78.

14.              Property, Risk and Account of Profits

14.1          Title in Goods will not pass to the Purchaser until the full purchase price for those Goods has been received by Gentworks.  Title remains with Gentworks  until payment is complete.

14.2          If the Purchaser sells the Goods on to its own customers in any form, either as purchased from Gentworks or forming a component part of a larger Good, and any amount of the purchase price payable to Gentworks remains outstanding, the Purchaser must account to Gentworks for the proceeds of such a sale.  The Purchaser is then required to hold such proceeds on trust for Gentworks Limited until payment has been received in full by Gentworks.

14.3          Gentworks reserves the right to trace all proceeds under the principles of Re Hallett"s Estate (1880) 13 Ch D 696.  Once the payment date has passed, if any sums remain outstanding, Gentworks has the right to enter the Purchaser"s premises and remove any Goods which, by virtue of Clause 14.1, remain the property of Gentworks.

15.               Delivery

15.1           Gentworks may notify you by way of email when your goods are to be dispatched to you.  The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.

15.2           If Gentworks receives no communication from you, within seven days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.

16.               Returns Policy

Gentworks aims to always provide high quality Goods that are fault free and undamaged.  On occasion however, goods may need to be returned.  Returns are governed by these Terms and Conditions.

16.1           If the Purchaser receives Goods which do not match those ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, the Purchaser should contact us within 7 days to arrange collection and return.  The Purchaser will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used when the Goods were purchased.  Refunds and replacements will be issued upon our receipt of the returned Goods.

16.2           If any Goods develop faults within their warranty period, the Purchaser is entitled to a repair or replacement under the terms of that warranty.

16.3          Damage to goods incurred or arising during transit must be notified by the customer to Gentworks within three days of receipt. Goods delivered on Gentworks’ behalf by third parties must be clearly marked if received unchecked. The customer shall be liable for any loss or damage consequent upon failure to notify as stipulated in these conditions. Goods damaged during transit must be kept together with the packing for inspection by or on behalf of Gentworks.

16.3           If the Purchaser wishes to return Goods to Gentworks for any of the above reasons, please contact us using the details on support@gentworks.co.uk to make the appropriate arrangements.

16.4           Gentworks reserves the right to exercise discretion with respect to any returns under these Terms and Conditions.  Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

16.4.1     Any use or enjoyment that you may have already had out of the Goods;

16.4.2     Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;

16.4.3     Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.

Such discretion to be exercised only within the confines of the law.

17.               Privacy

Use of the Web Site is also governed by our  Privacy Policy which is incorporated into these terms and conditions by this reference.  To view the Privacy Policy, please click on the link above.