Terms & Conditions
Telephone number: 01273.93.6010
TERMS AND CONDITIONS OF USE
THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT (hereafter "Terms") governs your use of our website (hereafter "website"). It is vitally important that you read the Terms carefully, as your use of the website will automatically constitute your agreement to be legally bound by the terms and conditions set out herein. These Terms also govern your use or purchase of the products/services provided through or in connection with the web site (hereafter "services"). Each time you use our services, you acknowledge that you have read these Terms and agree to be legally bound by them. If you do not agree to be bound by these Terms, you may not use the website(s) or the services provided by Company through its website(s). This Website is owned by Clear Ocean Ltd (hereafter “Company”), a company registered in England and Wales (company number 7747710 ), whose registered office is at Unit 1, Ashwyn Business Center, Marchants Way, Burgess Hill, RH15 8QY. The following words used in these Terms shall have the following meanings: “Personal Information” shall mean all data and/or information provided by and about User, including e-mail address (es), name, address, credit card, or other payment information, etc.; "Company web site" shall mean all web sites on which Company provides products and/or services. "Company User" shall mean all Users of the Company website(s) and services. "Company Products and Services" shall mean all products and/or services provided directly by Company; “3rd–Parties” include all advertisers, partners and affiliate vendors that are included on, or linked to, the Company website(s).
ORDERING GOODS FROM USIndividuals: These terms of sale apply to all goods and services supplied by Clear Ocean Ltd via http://www.vegusto.co.uk. The website is governed by the following terms and conditions; they do not affect your statutory rights. Business to Business Site Visitors: You are registered with us as a business customer and these are the Terms and Conditions of sale that apply to transactions between you and us. By purchasing any products (the "Product(s)") or services (the “Services”) and by using this Website you acknowledge that you have read and you agree to be bound by and comply with these Terms and Conditions.
Description and price of goods
We have taken care to describe and show items as accurately as possible. Despite this, slight variations in items may occur. We provide you with product information on http://www.vegusto.co.uk. If there is anything which you do not understand, or if you wish to obtain further information, please contact our Customer Services team on 01273936010. Product images are for illustrative purposes only and may differ from the actual product. We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). We reserve the right to alter all product pricing without notice. All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price. 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.
Placing an orderYou 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. The contract is subject to your right of cancellation (see below). Any order placed by you for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion). Our acceptance of an order takes place when we despatch the order or send you confirmation by email even if your payment has been processed immediately. We may refuse in our discretion to accept an order: (a) where we cannot obtain authorisation for your payment; (b) if there has been a pricing or product description error; or (c) if you do not meet any eligibility criteria set out in our terms and conditions. (d) where goods ordered by you are not available; (e) if we do not deliver to your area; Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card as soon as possible, but in any event within 30 days of your order. We will not be obliged to pay any additional amount as compensation for disappointment. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
Payment can be made by any of the options advertised on our website. Payment shall be due before delivery. If payment fails your order will be cancelled. There will be no delivery until clear funds have been received. Payment online: Our secure server software encrypts all your payment card details. The process scrambles all the information, allowing no unauthorised third party to intercept the data. Your browser will confirm that you are shopping in a secure environment by showing either a locked padlock icon or an image of a padlock next to the payment details in the relevant area of the Website. To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998. During security checks, we may ask for additional information or documentation to help support the data you supplied. Please be aware that if you are using Paypal as your payment method we reserve the right to not ship to unconfirmed addresses.
We will delivery to addresses in the UK & Ireland ONLY.
We will deliver goods ordered by you as soon as possible to the address you give us for delivery. However, we reserve the Right not to make deliveries outside the United Kingdom unless our ordering form provides that facility. Upon receipt of your order, you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter. If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing, at our contact address, of the problem within 7 working days of the delivery of the goods in question. If you do not receive goods ordered by you within 7 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 14 days from the date on which you ordered the goods. Consumers: If you refuse the delivery of your order for reasons under the Distance Selling regulations or you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations, Clear Ocean Ltd will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. By exercising your right to cancel you are required to return the goods to Clear Ocean Ltd. If you fail to return the goods to Clear Ocean Ltd we reserve the right to deduct any costs incurred by retrieving the goods from you. Business Purchases: If you fail to take delivery of the Products and without prejudice to any other rights and remedies available to us, we may: (a) store the Products until actual delivery and charge you the reasonable costs (including, without limitation, insurance) of storage; (b) sell the Products at the best readily obtainable price and either:– (i) where you have not already paid for the Products, account to you (after deducting all reasonable storage and selling expenses) for any excess over the price you agreed to pay for the Products or charge you for any shortfall below the price you agreed to pay for the Products; OR (ii) where you have already paid for the Products, account to you (after deducting all reasonable storage and selling expenses) for any proceeds received.
Your right of cancellation – FOR CONSUMERS ONLY
This section applies to consumers only (and not to businesses or other organisations) who order goods.
You have the right to cancel your contract with Clear Ocean Ltd at any time up to 7 working days after you receive the goods, in line with The Distance Selling Regulations. To cancel your contract in this time frame you must notify us in writing, either by post or by email at shop [at] vegusto.co.uk. You will be responsible for returning the goods to Clear Ocean Ltd at your own cost unless the goods are faulty or mis-described. No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once you have used your product unless the product is defective and you are returning it for this reason. Upon receipt of the goods, You will be credited within 30 days of notifying Clear Ocean Ltd of the cancellation. We will give you a full refund of the amount paid or an exchange credit as required, less (if for any reason these costs have not been paid by you) the costs of delivery to us. The rights to return the goods under the Distance Selling Regulations will not apply in the following circumstances: * in the event that the product has been used or returned incomplete * package travel * goods made to the customer's specification * goods that are perishable or can't be returned, such as our (Clear Ocean Ltd) range of chilled foods * premium-rate telephone and website services We will not issue refunds for any items lost or stolen in transit to us. The provisions of this clause do not affect your statutory rights.
Your right of cancellation – FOR BUSINESSES (B2B) ONLY
You have the right to cancel the contract at any time up to 5 working days after you receive the Products by notifying us at shop [at] vegusto.co.uk or in writing. If you cancel the contract after the Products have been delivered to you, you must return the Products to us at the address shown at your own cost and risk. If you cancel the contract before the Products have been delivered to you and then you receive the Products after cancellation you must not unpack them from their packaging but must immediately send them back to us. In any event, you must return the Products to us within 5 working days of notifying us of cancellation under this clause, or if later, of receiving them. If you do not we shall charge you a sum not exceeding the direct costs of recovering the Products. Until you return the Products to us you must keep them in your possession and take reasonable steps to ensure they are not damaged. Provided that we receive the Products within the specified period in the same condition they were in when delivered to you then we will refund you or credit your Trade Account for the Products in question within 7 days of the receipt by us of the Products. Title for Consumers Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped. Title for Business Orders The Products are at your risk from the time of delivery. Ownership of the Products shall not pass to you until we have received in full (in cash or cleared funds) all sums due to us in respect of: the Products; and all other sums which are or which become due to us from you on any account. We shall be entitled to recover payment for the Products even though ownership of any of the Products has not passed from us. Until ownership of the Products has passed to you, you must: (a) store the Products (at no cost to us) separately from all your other products and products of any third party in such a way that they remain readily identifiable as our property; and (b) not destroy, deface or obscure any identifying mark or packaging on or relating to the Products; maintain the Products in satisfactory condition and keep them insured on our behalf for their full price against all risks Your right to possession of the Products shall terminate immediately if: (a) you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency or we have reason to believe that any of the above are likely to occur; or (b) you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or (c) you encumber or in any way change any of the Products. You grant to us, our agents and employees an irrevocable licence at any time to enter any premises where the Products are or may be stored in order to inspect them, or, where your right of possession has terminated, to recover them.
If you are eligible for a refund, we will refund you back to the payment method you used when you originally paid for your order. Please note: It is your responsibility to notify us of any changes to your card details i.e. you no longer have that account. Refunds can take up to 30 days to process. Faulty Product, Damaged, or Dead on Arrival Please note that any Products returned to us which you claim to be defective will be checked and verified by our technicians. Any returned Products that are not found to be defective will be returned to you and we shall charge you for the returned transport costs via your original payment method or hold the Product until full payment has been received by us for the return transport costs. If you notify a problem to us under this condition, our only obligation will be, at your option: (a) to make good any shortage or non-delivery; (b) to replace or repair any goods that are damaged or defective; or (c) to refund to you the amount paid by you for the goods in question in whatever way we choose. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question as above.
Limitation of Liability
Clear Ocean Ltd will not be liable to you for any loss or damage in circumstances where: (d) There is no breach of a legal duty owed to you by the Supplier or by its employees or agents; (e) Such loss or damage is not a reasonably foreseeable result of any such breach; (f) Any increase in loss or damage resulting from breach by you of any term of this contract. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
LINKS TO AND FROM OTHER WEBSITES
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.
SUCCESS OF YOUR BUSINESS OR EARNINGS
What User derives from use of Clear Ocean Ltd products/services/information depends upon User’s commitment to, and effort in, applying the information. Clear Ocean Ltd does not represent, warrant or guarantee that User will achieve any particular results in business as a result of purchasing and using Clear Ocean Ltd products/services/information. User acknowledges that the success of User’s business depends on User’s skills, effort and commitment. PLEASE SEE OUR EARNINGS AND TESTIMONIAL DISCLAIMER ELSEWHERE ON THIS WEB SITE.
SWEEPSTAKES, CONTENTS AND PROMOTIONS
Any sweepstakes, contest or similar promotion made available through Company websites or for which Company may, from time to time, send e-mail messages to you, will be governed by official rules that are separate from and may vary from these Terms. By participating in any such sweepstakes, contest or similar promotion, User will become subject to its specific official rules. Note, however, that User remains subject to these Terms to the extent they do not conflict with the applicable official rules.
Clear Ocean Ltd regularly sends out a newsletter and/or other informational emails (collectively referred to as "Newsletters") to all Users. In these Newsletters, we may inform you about new services, features or products. User may choose to unsubscribe from the Newsletter at any time using the unsubscribe option at the bottom of our emails, or by writing to us at shop [at] vegusto.co.uk or following the unsubscribe link contained in each of the emails.
LICENCE AND COPYRIGHT
The Company website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound and the entire content of the website is copyrighted as a collective work under UK and International copyright laws. Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or these Terms, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of Company and the copyright owner. Elements of the website are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors. You are permitted to print and download extracts from this Website for your own private 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.
In accordance with UK and International law, any notifications of claimed copyright infringement should be sent to us immediately. Such notification can be sent by email, to shop [at] vegusto.co.uk or by letter to: Clear Ocean Ltd, 7 Baywood Gardens, Woodingdean, Brighton BN2 6BN.
OBLIGATIONS OF USER
Use of this website http://www.vegusto.co.uk, as described below, is prohibited. These descriptions are guidelines and are not intended to be exhaustive or all-inclusive. Illegal/Criminal Activity The Company website may not be used in connection with criminal or civil violations of state, federal, or international laws, regulations, or other government rules or requirements. Such violations include theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information; and threats of physical harm or harassment. Security Violations: The Company website may not be used in connection with attempts—whether successful or not—to violate the security of a network, service, or other system. Examples of prohibited activities include hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service attacks; and distributing viruses or other harmful software. Basic Security: User is responsible for maintaining the basic security of its computer system and to prevent its use by others in a manner that violates these Terms. Examples include: improperly securing a mail server so others can use it to distribute spam; improperly securing an FTP server so that it may be used by others to illegally distribute licensed software or media content. User is responsible for taking corrective actions on vulnerable or exploited systems to prevent continued abuse. Threats: The Company website may not be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel, and defamation. Offensive Materials: The Company website may not be used for the distribution of offensive materials, including obscene, pornographic, indecent, and hateful materials. Further, Users agree to adhere to the following requirements: a. Comply with all laws, ordinances, statutes and applicable legislation and to respect all 3rd-party rights. In particular, User shall not: i. Provide, post or otherwise distribute content which is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any 3rd-party, is unreasonably harmful or offensive to any individual or community; ii. Use or post any pornographic materials or any content that violates any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors; iii. Unreasonably annoy (particularly with SPAM) any other User; iv. Use or post, without authorization, any content protected by law (e.g. copyright, trademark, patent, utility patent, design patent or other intellectual property (IP) laws), or advertise, promote, offer or distribute any goods or services protected by law; v. Use, post or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, Ponzi schemes, illegal multilevel selling or pyramid sales). 5. You may not provide, post or otherwise distribute, User content that: i. Contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs, videos or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature; ii. Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law or moral standards; iii. Violates or encourages the violation of any municipal, state, provincial, federal or international law, rule, regulation or ordinance; iv. Interferes with any User’s uninterrupted use of the Company website; v. Advertises, promotes or offers to trade any goods or services; vii. Uploads or transmits viruses or other harmful, disruptive or destructive files, material or code; viii. Disrupts, interferes with, or otherwise harms or violates the security of the Company web site or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Company website; viii. "Flames" any individual or entity (e.g. sends repeated messages related to another User and/or makes derogatory or offensive comments about another User or individual), or repeats prior posting of the same message under multiple threads or subjects.
WARNING: ANY VIOLATION OF THESE POSTING RULES THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED BY COMPANY.
It is your responsibility to determine that your input into our site, including use of any chat room areas of our site, including your choice of your user name, conforms to the above conditions. If you notice any content which breaches these conditions, please notify us by email to shop [at] vegusto.co.uk.
SPAM: Spam is an unacceptable use of the Company website. Spam includes any of the following activities: a. Posting a single message or messages similar in content, to more than five (5) online forums or newsgroups and posting messages to online forums or newsgroups that violate their rules. b. Collecting responses from unsolicited e-mail. c. Sending any unsolicited e-mail that could be expected, in Company’s opinion, to provoke complaints. d. Sending e-mail with charity requests, petitions for signatures, or any chainmail-related materials. e. Sending bulk e-mail without identifying in the e-mail a clear and easy means to be excluded from receiving additional e-mail from the originator of the e-mail. NOTE: The inclusion of an opt-out clause does not necessarily legitimise sending unsolicited e-mail. f. Sending e-mail that does not accurately identify the sender, the sender's return address, and the e-mail address of origin. g. Using Company facilities to violate what could reasonably be considered a violation of another Internet Service Provider's (ISP) acceptable use policy and/or terms of service. User is further prohibited from the following activities: i. Employing any mechanisms, software or scripts when using the Company website. However, the User may use the interfaces or software provided by Company within the scope of the services available on our website and in accordance with these Terms; ii. Blocking, overwriting, modifying and copying of any contents of the Company website. iii. Distributing or publicly disclosing the contents of the website or any of its terms, without written permission from Company, or iv. Performing any actions that may impair the operability of the Company website infrastructure, particularly actions that may overload said infrastructure, servers, bandwidth or other equipment or software
Indirect Access: A violation of these Terms by someone having only indirect access to the Company website through a User, will be considered a violation, whether or not with User’s knowledge or consent.
In addition, these policies apply to any email or content transmitted by User, or on your behalf, that uses a Company account as a mailbox for responses or promotes content, hosted or transmitted, using Company facilities, or that indicates, in any way, that Company was involved in the transmission of such email or content. The resale of Company products and services is not permitted unless expressly permitted by these Terms or in a separate written agreement. Violations of these Terms may result in immediate suspension or termination of your account and our services to you, immediate temporary or permanent filtering, blocked access or other action appropriate to the violation, as determined by Company, in its sole discretion. When feasible, it is Company’s preference to give notice so that violations may be addressed voluntarily, however, we reserve the right to act without notice, when necessary, as determined by Company in its sole discretion. Company may involve and will cooperate with, law enforcement if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. Refunds or credits are not issued in connection with actions taken for violations of these Terms. Uses and Other Policies A. When using our services, User warrants and represents that all of the data provided by you is accurate and complete. User shall report any modifications in the data to the Company website, immediately upon any changes occurring. B. User shall not be allowed to have multiple accounts. You may only establish one (1) User account. If Company determines that User has established more than one (1) account, further use of our website may be suspended or terminated, subject to the sole discretion of Company. C. User warrants and represents that they are of legal age (18 or older) to use our website, at their time of use, or that they are a legal entity, created by operation of law. D. User may download or print a single copy of any portion of the content solely for personal, non-commercial use, provided they do not remove any trademark, copyright or other notice from such content. Requests to use Company content for any purpose other than as permitted in these Terms shall be directed to Company at: shop [at] vegusto.co.uk I. Company shall not be liable for User interactions with any 3rd-parties, businesses and/or individuals found on the Company website or through the services provided. This includes, but is not limited to, payment and delivery of services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between User and such 3rd-parties, businesses and/or individuals. User understands and agrees that Company is not responsible for any damage or loss incurred as a result of any such dealings. Company is under no obligation to become involved in disputes between Users of our website, or between Users on our website and any 3rd-party. In the event of a dispute, User agrees to release Company its officers, employees, agents and successors in rights, from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.
USER FORUMS, CONTENT, AND PARTICIPATION
We do not store credit card details nor do we share customer details with any 3rd parties.
Rights to Content Use
Unsolicited Idea Submission Policy
Company and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send us any original creative artwork, samples, demos or other works. the sole purpose of this policy is to avoid potential misunderstanding or disputes when company’s products or marketing strategies might seem similar to ideas submitted to us by others. we ask that you do not send your unsolicited ideas to company or any individual at company. If, despite our request that you not send us your ideas and materials, you still send them, please understand that company makes no assurances that your ideas and materials will be treated as confidential or proprietary.
To register with http://www.vegusto.co.uk you must be at least 18 years of age. Each registration is for a single user only, whether or not acting on behalf of a company or other organisation. We do not permit you to share your username and password with any other person nor with multiple users on a network. User must complete the registration process by providing Company with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a Username. 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. User is entirely responsible for maintaining the confidentiality of any password and account information. Furthermore, User is entirely responsible for any and all activities that occur under its account. User agrees to notify Company immediately of any unauthorised use of their account or any other breach of security. Company will not be liable for any loss that may incur as a result of someone else using User’s password or account, either with or without their knowledge. However, User could be held liable for losses incurred by Company or another party due to someone else using their account or password 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. We may deny access to any User, at any time, and for any reason. In addition, Company may, at any time, transfer rights and obligations under these Terms to any current or future Company subsidiary or business unit, or any companies or divisions or any entity that acquires Company or any of its assets.
While Company uses reasonable efforts to include accurate and up-to-date information, Company specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in any and all Company web sites, either now operating or created in the future. Company disclaims any responsibility or liability for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. Company disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Company website. Company does not make any warranties or representations regarding any data, service and/or information provided or made available by any User on any of the Company web sites or on any external websites linked to them. In particular, Company does not warrant or represent that said data, service and/or information is true or accurate, or that it fulfils or serves any particular purpose. Without limiting the foregoing, under no circumstances shall Company be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of 3rd-parties, or loss of or fluctuations in heat, light, or air conditioning. COMPANY WEBSITES AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE COMPANY WEB SITES, ARE PROVIDED "AS IS," WITH NO WARRANTIES EXPRESSED OR IMPLIED. COMPANY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. COMPANY DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE COMPANY WEB SITES. COMPANY DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE COMPANY WEB SITES. COMPANY DISCLAIMS ANY WARRANTIES FOR SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE COMPANY WEB SITES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE COMPANY WEB SITES AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY USER CONTRIBUTIONS PROVIDED TO THE COMPANY WEB SITES. USER UNDERSTANDS AND AGREES THAT THEY DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE COMPANY WEB SITES AT THEIR OWN DISCRETION AND RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN ALL CASES. USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. COMPANY AND ITS WEB SITES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USERS, 3rd -PARTIES, ACTIONS OF ANY 3rd-PARTY OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, A USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY.
Company may modify, suspend, discontinue or restrict the use of any portion of the Company website, including the availability of any portion of the content at any time, without notice or liability. User acknowledges and agrees that it is virtually impossible to achieve continuous, uninterrupted availability of the Company or any other, website. 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. 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. Our liability (and that of our officers, directors, employees, shareholders or agents) of any kind (including our own negligence) with respect to our website or service for any one event or series of related events is limited to the total fees which you have paid to us in the 12 months before the event(s) complained of. In no event (including our own negligence) will we be liable for any: (a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); (b) loss of goodwill or reputation; (c) special, indirect or consequential losses; or (d) damage to or loss of data (even if we have been advised of the possibility of such losses). 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.
User agrees to indemnify, defend and hold harmless Company its website(s) and each of its respective advertisers, partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding: 1. User use of the Company website(s); 2. Company's use of any User content or information, as long as such use is not inconsistent with these Terms; 3. Information or material provided through User’s IP address, even if not posted by User; or 4. Any violation of these Terms by User.
GOVERNING LAW AND JURISDICTION
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 where the claim is brought by you, save where you have legal rights to bring any claim in respect of such a dispute in any other jurisdiction. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country. We do not warrant that materials, services or information 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. If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. User agrees to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favourably, when possible, to the benefit of Company.
Section Titles: The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect. Incident Reporting: Any complaints regarding violations of these Terms by a User should be directed to Customer Service at shop [at] vegusto.co.uk. Where possible, include details that would assist Company in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission). Complaints Procedure: We are very proud of our high standards of customer service, however, in the event that we fail in meeting these standards, please do not hesitate to contact us at 7 Baywood Gardens, Woodingdean, Brighton BN2 6BN.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions 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. No person other than the parties to these terms and conditions is intended to benefit from them pursuant to the Contracts (Rights of Third Parties) Act 1999. These Terms represent the entire understanding between User and Company and supersede any prior statements or representations. USER AGREES TO THE TERMS OF THIS ONLINE AGREEMENT, by using the website, its services, sign up, posting, downloading and uploading content, and understands that User is entering into a binding and legal agreement with Company. User agrees to file any claim regarding any aspect of this website or these Terms within six (6) months of the time in which the events giving rise to such alleged claim began, or User agrees to waive such claim. User also agrees that no claim subject to these Terms may be brought as a class action or in any other jurisdiction than English courts. These Terms and Conditions were last updated, and became effective, on 12/10/2011. Contact Information: Our contact details are as follows:
Company Name: Clear Ocean Ltd, Unit 1, Ashwyn Business Center, Marchants Way, Burgess Hil, RH15 8QY. General email: shop [at] vegusto.co.uk