| Words of ARTTM trading name of BodyBaster Limited ("BBL T/A WORDS OF ART") Purchase and Use Important - this is a legal agreement between BBL T/A WORDS OF ART and you, the customer of BBL T/A WORDS OF ART. www.words-of-art.com includng any associated websites (the "Website") is provided by BBL T/A WORDS OF ART, a private limited company registered according to the laws of England and Wales under company registration number 439 65 69 whose registered office is at Windsor, Berkshire SL4 3RD. Please read the following terms carefully before using this Website or before placing your order for goods with BBL T/A WORDS OF ART. By using this Website or by placing an order you agree to these terms. If you do not agree to these terms, you may not access or otherwise use this Website. From time to time, BBL T/A WORDS OF ART may modify this agreement. Accordingly, please continue to review this agreement whenever accessing or using the Website or before placing an order. Governing Law and Contract Formation No contract will subsist between you and BBL T/A WORDS OF ART unless and until PayPal sends the confirmation email to you (whether or not you receive that email) or otherwise when the written confirmation is posted to you from BBL T/A WORDS OF ART. For the avoidance of doubt, any such contract between you and BBL T/A WORDS OF ART will be deemed to have been concluded in England and Wales. Further, any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of England and Wales, and you and BBL T/A WORDS OF ART irrevocably submit to the non-exclusive jurisdiction of the English Courts. 1. Purchasing Products from this Website 1.1 Any contract for the purchase of goods on this Website shall be concluded between you and BBL T/A WORDS OF ART. 1.2 The Shopping Cart can be viewed at any time and does not commit you to ordering. 1.3 For help or if you need any further information please call our customer services line on 0870 264 5225 or Int'l +44 1753 861 091, or email us via our Contact Us form. 1.4 When you choose to go from the shopping cart to the check out page that asks for your personal and credit card details, the security system is activated and you will see a padlock symbol at the bottom of your browser screen. This means that your details are encoded and secure when sent over the web to PayPal. Please note that your order is not processed until you complete your details and press the 'Check Out' button at the bottom of the check out page. Until then you have the option to amend or to cancel your order. Words of ART do not store your financial details, they are transmitted straight to PayPal. In the event that you order by telephone a member of the Words of ART team will make a note of your credit card details to process your payment and then immediately shred your card details. 1.5 When you leave the ordering system the padlock will disappear. 1.6 If you have any concerns about security please call us on on 0870 264 5225 or Int'l +44 1753 861 091, or email us via our Contact Us form. . 1.7 Which Credit Cards do we Accept? We accept all major credit cards and cheques made payable to Words of ART, as well as payment by cheque and bankers drafts. 1.8 Carriage Charges Carriage charges vary per item and shipping destination but are essentially based on order value. You can find out our current carriage charges by visiting the Carriage & Packing section of this Website. Carriage charges are itemised separately in your shopping cart and are included in the total value of your shopping cart. 1.9 VAT Policy All prices shown are inclusive of VAT at the current rate applicable in the United Kingdom. BBL T/A WORDS OF ART is registered for VAT with VAT registration number: GB808 459407 1.10 Ownership of Goods Ownership of goods does not pass to you or any other person until the goods are paid for in full. 1.11 Carriage For UK orders, you should normally receive goods within 21 days. For European and Worldwide orders, you should normally receive the goods within 28 days. We make every effort to deliver goods within the estimated time, however delays are occasionally inevitable, and we will not be liable for any loss caused to you by late delivery. If the rare circumstance arises whereby we are unable to deliver within our usual delivery time, and cannot agree another time with you, you will be offered the opportunity to cancel your order and get a full refund. In no event will delivery of the goods take longer than 30 days. 1.12 Returns & Cancellation We believe that you will be 100% satisfied with the pictures ordered from Words of ART, but occasionally you may need to return an item. Our Returns and cancellation policy is as follows: 1.12.1 Where you are a consumer under the United Kingdom's Consumer Protection (Distance Selling) Regulations 2000, you have the right to cancel the contract for the purchase of any item within 7 working days of delivery. This applies to all goods sold on this Website. However, in line with the 100% No Quibbles guarantee given on this Website, in addition to this right, if you are not fully satisfied with any item you order from us, then you may return it within 14 days of receipt for a full refund (excluding postage and packing) or exchange it for alternative Goods of a similar value. Should you wish to return your picture, please make sure that your follow our Returns procedure. 1.12.2 To cancel this contract, please contact us by email or phone before returning any Goods, so that we can give you a specific returns number. Once you receive this from us, fill out the proof of delivery form that accompanies your Goods, giving the reason for the return as "Contract cancellation". Please package the relevant Goods securely and return them to us with the delivery slip so that we receive them within 7 working days of the date that the Goods were delivered to you. 1.12.3 Please note that you will be responsible for the cost of returning the Goods to us unless we delivered the Goods to you in error or the Goods are faulty. If we do not receive the Goods back from you we may arrange for collection of the Goods from you at your cost. You will be responsible for the Goods until they reach us, and we suggest you use a secure delivery method (which requires a signature upon delivery). Goods will not be deemed to have been returned without a signature from a member of the Words of Art team. 1.12.4 Refunds are made within a week of an order being received at the Words of ART offices together with the original packing slip and returns number clearly markedt. 2. Intellectual Property 2.1 BBL T/A WORDS OF ART owns the copyright, patent, design registration and trademarks mentioned as well as the editorial rights of this Website and in the data appearing on its Websites unless another copyright holder is credited on the relevant Website page. 2.2 All goodwill associated with your use of BBL T/A WORDS OF ART trade names or marks shall inure solely to the benefit of BBL T/A WORDS OF ART and you shall not assert any claim or ownership to any trade names or marks or to the goodwill or reputation thereof. All other trade marks, brand names, products and company names all of which are cited on this Website are the trade marks and/or property of their respective owners. 2.3 If you are unsure of the legality of your re-use of material published on Websites owned or managed by BBL T/A WORDS OF ART you should contact BBL T/A WORDS OF ART. 2.4 BBL T/A WORDS OF ART relies on representations and undertakings made by its suppliers that no third party intellectual property rights (including moral rights) in and to the Goods sold on this Website will be infringed by the sale by BBL T/A WORDS OF ART of the Goods to you the customer anywhere in the world. BBL T/A WORDS OF ART gives no representation, warranty nor undertaking that the sale of the Goods on this Website does not breach third party intellectual property rights. BBL T/A WORDS OF ART disclaims, to the fullest extent permitted under law, any loss, liability, cost or expense which you may suffer arising out of or from any such breach of third party intellectual property rights. 3. User Responsibility 3.1 The Website and all the information contained therein may not be used to construct a database of any kind nor may the Website be stored in its entirety or in any part in databases for access by you or any third party or to distribute any database websites containing all or part of the Website. 3.2 You accept that BBL T/A WORDS OF ART has the right to change the material, or information of any aspect of the Website at any time at its sole discretion. You further accept that such changes may result in your being unable to access the Website. BBL T/A WORDS OF ART may suspend the Website from time to time to carry out maintenance and to make upgrades. 4. Hyperlinks 4.1 Our hyperlinks The Website may include links to third party websites. Such hyperlinks are included to ease the user's path through the internet. Their inclusion cannot be taken to imply any endorsement or validation by BBL T/A WORDS OF ART of the content of the website referred to. Hyperlinks can become out-of-date and cease to work or they can direct users to a website page whose contents or use have been changed by its owner. BBL T/A WORDS OF ART has no control over, and can therefore accept no responsibility or liability for any losses or penalties that may be incurred or for the accuracy of hyperlinks to third party websites, or the content of such third party websites. 4.2 Your hyperlinks You may provide hyperlinks to the Website and pages owned and/or managed by BBL T/A WORDS OF ART with prior written consent from BBL T/A WORDS OF ART. Such hyperlinks may only direct users to the home page of the relevant website, and must display the relevant page in the same form as this Website, without amendment or framing. 5. Disclaimer 5.1 The material and information published on this Website are provided on an "as is" basis without warranty of any kind, either expressed or implied. To the fullest extent permissible at law BBL T/A WORDS OF ART shall not be liable for damages arising out of or in connection with the use of this Website or the information, content, materials or products included on this Website and BBL T/A WORDS OF ART hereby confirms that to the fullest extent permissible at law it does not give any warranty relating to the use of the Website or the products advertised thereon including, without limitation, warranties of merchantability and fitness for a particular purpose. Price and availability information is subject to change without notice. 5.2 BBL T/A WORDS OF ART does not guarantee the accuracy or integrity of the material or information nor its suitability for any particular purpose. To the extent permitted by law, BBL T/A WORDS OF ART excludes any liability whether in contract, tort (negligence) or otherwise for any incorrect or misleading information on the Website. 5.3 Errors can occur and BBL T/A WORDS OF ART offers no assurance that they will be corrected. No liability will be accepted in respect of service interruptions, nor in the event of any Viruses, Worms, Trojan Horses and other harmful components being present in or transmitted by BBL T/A WORDS OF ART systems and networks. 5.4 BBL T/A WORDS OF ART does not accept any liability for any loss of data or software, revenue, business, profits cost or expense, or any direct, indirect, incidental or consequential loss or damage arising out of or in connection with the use of, or the lack of availability of the Website or its content and/or in connection with any permission, right or licence to use the material given under clause 2.2 or otherwise. 5.5 The limitation of liability provided for under these terms is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Subject to Clause 5.4, in the event that BBL T/A WORDS OF ART is held liable, the total liability of (whether in contract, tort, negligence or otherwise) in respect of any loss or damage arising out of or in connection with the Website shall be limited to £100 for any one incident or series of incidents. This clause does not affect your statutory rights as a consumer. This section survives termination of this agreement for any reason. 5.6 Nothing in this clause 5 shall exclude BBL T/A WORDS OF ART's liability to you for fraudulent misrepresentation, death or personal injury resulting from its negligence or that of its employees. 6. General provisions 6.1 No waiver by BBL T/A WORDS OF ART of any breach of any obligation arising under this agreement shall constitute a waiver of any other breach and no failure to exercise or the partial exercise by BBL T/A WORDS OF ART of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy. 6.2 If any provision of this agreement is held by a court of competent jurisdiction to be invalid unlawful or unenforceable for any reason then such part will be severed from the remainder of this agreement, which will continue to be valid and enforceable to the fullest extent permitted by law. 6.3 This agreement constitutes the entire agreement between BBL T/A WORDS OF ART and you. All prior agreements understandings and negotiations and representations (save for fraudulent misrepresentation) whether oral or in writing are cancelled in their entirety. The terms of any other electronic communications will not form part of this agreement. 6.4 This agreement is governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts. 7. Our Details & Address BodyBaster Limited t/a Words of ART, Words of ART House, One Bailey Close, Windsor, Berkshire SL4 3RD. Tel: 0870 264 5225, Fax: 0870 288 7658, Email: info@words-of-art.com 8. Law This contract shall be governed by English Law. 9. Keep in Touch BBL T/A WORDS OF ART will ask you if we may keep you informed about our products and services and if so how you would like us to do that. We will ask you to 'opt in' to receiving communications as opposed to opting out.
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