Terms and Conditions

TERMS & CONDITIONS

Introduction

Welcome to teesdalemercury.co.uk. This site is provided by The Teesdale Mercury (referred to throughout this site as "The Teesdale Mercury") as a service to our customers. Please review the following rules that govern your use of the The Teesdale Mercury site (the "Agreement"). Please note that your use of the The Teesdale Mercury site (the "Site") constitutes your unconditional agreement to follow and be bound by these Terms of Use. If you do not agree to these terms and conditions, please do not use this site. The Teesdale Mercury reserves the right to update, amend, modify, or change these Terms of Use at any time without prior notice to you. Your use of the Site following any such update, amendment, modification, or change constitutes your unconditional agreement to follow and be bound by these Terms of Use as updated, amended, modified, or changed. For this reason, we encourage you to review these Terms of Use whenever you visit or use this Site.

Use of this Site

By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Children under the age of 13 may not use this Site and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of The Teesdale Mercury or its suppliers and protected by U.K. and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. teesdalemercury.co.uk is a division of The Teesdale Mercury Ltd

Order Acceptance

Please note that there may be certain orders that we are unable to accept and must reject or cancel. We reserve the right, at our sole discretion, to refuse, reject, or cancel any order for any reason at any time. For your convenience, you will not be charged until your payment method is authorised, the order information is verified for accuracy and your order is shipped or ready to be shipped. Some situations that may result in your order being rejected or cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems with acceptance of a credit card payment. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is rejected or cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card, or issue you a company check in the amount of the charge. No order is considered accepted until payment has been authorised and the product is shipped.

Pricing Information

While The Teesdale Mercury strives to provide accurate product and pricing information, pricing or typographical errors may occur. The Teesdale Mercury cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, the Teesdale Mercury shall have the right, at our sole discretion, to refuse, reject, or cancel any orders placed for that item. In the event that an item is incorrectly priced, the Teesdale Mercury may, at our discretion, either contact you for instructions or reject or cancel your order and notify you of such rejection or cancellation.

Quantity Limits & Dealer Sales

The Teesdale Mercury reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same Teesdale Mercury account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. The Teesdale Mercury also reserves the right, at our sole discretion, to prohibit sales to dealers, wholesalers, or resellers. This site is intended for end-users or final consumers of our products only.

Refunds

Refunds may be available at the discretion of the management

Site Security

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from The Teesdale Mercury on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer etc).

Copyrights and Trademarks

Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by The Teesdale Mercury, one of its affiliates or suppliers of the Teesdale Mercury and are protected by U.K. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this site is the exclusive property of the Teesdale Mercury and is also protected by U.K. and international copyright laws.

The Teesdale Mercury and its suppliers and licensers expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of the Teesdale Mercury or any third party's intellectual property rights.

References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Teesdale Mercury?s endorsement, sponsorship or recommendation of the third party, information, product or service. The Teesdale Mercury is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.

Colours

We have made every effort to display the colours of our products that appear on the Site as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

Models, Samples, and illustrations

The models, samples, and illustrations used to describe our products on this site are not intended to be warranties of the quality, condition, features, size or configuration. We will make every effort to ensure that the models, samples, and illustrations used on this site are as accurate as reasonably possible, but reserve the right to substitute products with like kind and quality products in the event the selected product is temporarily or permanently unavailable.

Indemnification

You agree to defend, indemnify and hold harmless the Teesdale Mercury and its affiliates from and against any and all claims, damages, costs and expenses, including solicitor's fees, arising from or related to your use of the Site.

Termination

These Terms of Use are effective unless and until terminated by either you or The Teesdale Mercury. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. The Teesdale Mercury also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in the Teesdale Mercury 's sole discretion you fail to comply with any term or provision of this Agreement or for any other reason whatsoever. Upon any termination of the Agreement by either you or the Teesdale Mercury, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. The Teesdale Mercury's right to any Comments shall survive any termination of this Agreement.

Disclaimer

THIS SITE IS PROVIDED BY THE TEESDALE MERCURY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE TEESDALE MERCURY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE TEESDALE MERCURY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE TEESDALE MERCURY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE TEESDALEMERCURY.CO.UK WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL THE TEESDALE MERCURY OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, SUPPLIERS, ATTORNEYS, OR ASSIGNS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE TEESDALE MERCURY WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE TEESDALE MERCURY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE TEESDALE MERCURY BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE THIRTY DAY PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

General

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of TEESDALEMERCURY.CO.UK to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit TEESDALEMERCURY.CO.UK 's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under UK law without regard to conflicts of law provisions.

Copyright Infringement

It is the policy of THE TEESDALE MERCURY to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third parties.

If you believe that your copyrighted work has been infringed under U.K. copyright law and is accessible on this web site, please notify us by contacting us at our registered address.

Notification of claims of copyright infringement by third parties must be a written communication to the Teesdale Mercury that includes the following:

  1. A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit THE TEESDALE MERCURY to locate the material;
  4. Information reasonably sufficient to permit THE TEESDALE MERCURY to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of a valid notification of alleged copyright infringement by a third party, The Teesdale Mercury shall remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to this material.

You should be aware that claimants who make misrepresentations concerning copyright infringement may be liable for any damages, including costs and solicitors' fees, incurred by the alleged infringer or by the Teesdale Mercury, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

If a notice of copyright infringement has been filed against you, you may file a counter notification with the Designated Agent at the address listed above.

To be effective, a counter notification must be a written communication provided to the Teesdale Mercury's Designated Agent that includes the following:

  1. A physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located and that you will accept service of process from the complainant who provided the original notification or an agent of such person or entity.

If the Teesdale Mercury receives a valid counter notification, it shall provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 10 to 14 days from receipt of the counter notification, and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that the Teesdale Mercury has not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on the Teesdale Mercury 's system.

© 2006 The Teesdale Mercury Ltd All Rights Reserved

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