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1. INTRODUCTION
1.1. This document (together with any documents referred to in it) tells you the terms and conditions upon which we offer and advertise the goods (the Goods) listed on this website (the 'Website') to you.
1.2. Before using this website or confirming your order please:
1.2.1. Read through these terms and conditions (the 'Conditions')
1.2.3. Read our privacy policy regarding your personal information.
1.3. We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.
2. ABOUT US
2.1. This Website is owned and operated by Tain Brae Ltd ('we'/'us'/'our'), a limited company (trading as Union Jack World), registered in England and Wales under company number:07665775 having our registered office at 25 Woodfields Drive Lichfield Staffs WS14 9HH. Our VAT Number is: GB117570421. Our business address is 3 Chapel Lane, Neston, Corsham SN13 9TD.
3. Disclaimer
3.1. Orders are placed through Amazon.co.uk
3.2. All Union Jack is a participant in the Amazon
4. Availability of our Website
4.1 We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be 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.
4.2 We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an as is basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.
4.3 We will do our best to correct errors and omissions as quickly as practicable after being notified of them.
5. Prices
5.1 Prices of products and postage costs are subject to change at any time. You will always be confirmed of the exact price you will pay before confirming your order. We will not honour any previous prices of products or shipping under any circumstances.
6. Liability and Indemnity
6.1. Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
6.1.1. Death or personal injury resulting from our negligence
6.1.2. Fraud or fraudulent misrepresentation
6.1.3. Action pursuant to section 2(3) of the Consumer Protection Act 1987
6.1.4. Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability
6.2. The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
6.3. We will not be liable if the Website is unavailable at any time.
6.4.We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
6.5.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 resulting from action taken in reliance on material or information contained on the Website.
6.6.We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
6.7.We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
6.8.We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
6.8.1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or
6.8.2.any loss of goodwill or reputation; or
6.8.3.any special or indirect losses; or
6.8.4.any loss of data; or
6.8.5.wasted management or office time; or
6.8.6. any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your purchase of the Goods even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses 6.8.1. to 6.8.6., is strictly limited to £0.01.
6.9. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
7. Intellectual Property
7.1. The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Tain Brae Ltd (trading as All Union Jack), moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
7.2. You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
7.3. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
7.4. You 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 from such material and content.
7.5. No licence is granted to you in these Conditions to use any of our trade marks or those of our affiliated companies.
7.6. Goods displayed by us and Website content may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.
7.7 Amazon, the Amazon logo, Endless, and the Endless logo are trademarks of Amazon.com, Inc. or its affiliates.
8. Privacy
8.1 We do not hold any personal information unless you choose to sign up to our We newsletter. Please review our Privacy Policy for full details.
9. External Links
9.1. To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. 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 in any way, whether directly or indirectly, for:
9.1.1. The privacy practices of such websites
9.1.2. 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
9.1.3. The use which others make of these websites; or
9.1.4. Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on
and/or purchased by you from such external websites or resources
10. Use Of Website
10.1. You are permitted to use the Website and the material contained in it only as expressly authorised by us and in accordance with these terms and conditions, as may be amended from time to time without notice to you.
10.2. We provide access and use of the Website on the basis that we exclude all representations, warranties and conditions to the maximum extent permitted by law.
10.3. We reserve the right to:
10.3.1. Make changes to the information or materials on this Website at any time and without notice to you.
10.3.2. Temporarily or permanently change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts of or the entire Website
without notice or liability to you or any third party.
10.3.3. Refuse to post material on the Website or to remove material already posted on the Website
10.4. You may not use the Website for any of the following purposes:
10.4.1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
10.4.2. Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise
10.4.3. Breaching any applicable local, national or international laws, regulations or code of practice
10.4.4. Gaining unauthorised access to other computer systems
10.4.5. Interfering with any other person's use or enjoyment of the Website
10.4.6. Breaching any laws concerning the use of public telecommunications networks
10.4.7. Interfering with, disrupting or damaging networks or websites connected to the Website
10.4.8. Utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website
10.4.9. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation
10.4.10. To create and/or publish your own database that features all or substantial parts of the Website
10.4.11. Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner
10.5. In addition, you must not:
10.5.1. Knowingly introduce viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website
10.5.2. Attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to it
10.5.3. Attack the Website via a denial-of-service attack or a distributed denial-of service attack
10.5.4. Damage or disrupt any part of the Website, any equipment or network on which the Website is stored or any software used for the provision of the Website
10.6. A breach of this clause may be a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
11. Governing Law and Jurisdiction
11.1. The Website is controlled and operated in the United Kingdom.
11.2. The Conditions and any Contract brought into being as a result of usage of this Website will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.
