1. General
1.1 The website, Karndean.co.uk (the "Website"), is owned and operated by Karndean International Limited ("Karndean", "we", "us" or "our"). Karndean is a company registered in England with registration number 01612506 whose registered address is Crab Apple Way, Evesham Park, Worcestershire WR11 1GP.
1.2 These website terms and conditions and our Privacy Policy, (together the "User Agreement") form our entire agreement with you in respect of your non-chargeable use of the Website and supersedes any prior agreement or arrangement with you in respect of the Website.
1.3 Your use of, and access to, the Wesbite, whether as a guest or registered user, is conditional upon you accepting the User Agreement which sets out the basis on which you may access and use the Website. By accessing and using the Website, you accept, and agree to comply with, the User Agreement. If you do not agree to be bound by the User Agreement, you may not use or access the Website.
1.4 We reserve the right to vary the User Agreement at any time without notice and for any reason. Any such changes will be effective when posted on the Website and it is your responsibility to read the User Agreement on each occasion you use the Website. Your use of the Website following any such changes shall constitute your acceptance of the revised User Agreement.
1.5 If a company name is inserted in your registration request, then the User Agreement shall be between us and that company and accordingly, unless the context otherwise requires, references to "you" and "your" in the User Agreement shall also be to that company.
2. Access, use and availability
2.1 Since a substantial part of the Website is both free and available to all, it is a condition that your use of theWebsite is at your own risk. Access to the Website is permitted on a temporary basis and we reserve the right to withdraw, suspend and/or amend the service or content provided on the Website without notice.
2.2 Whilst we will endeavour to ensure that the Website is available 24 hours per day, we do not warrant or guarantee that the Website shall be available at all times. We shall have no responsibility if, for any reason, the Website is unavailable at any time or for any period.
2.3 You are responsible for ensuring that all persons who access the Website through your internet connection or computer equipment are aware of and comply with the User Agreement.
2.4 You may not modify, copy, produce, distribute, publish, download, display, post, transmit or create any derivative works of, in any form or by any means (including to any other third party), any of the contents provided on the Website without our prior express written permission, with the exception that you may (i) print off one copy of the contents of an individual page of the Website for private and personal non-commercial use; and (ii) download selected brochures and product images, made available at our discretion.
2.5 You must not modify the copies of any material you have printed off in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
2.6 We may from time to time make available services on the Website, which require registration and are only available to users who have registered with us and provided us with contact information ("Contact Information"). Contact Information that you provide on the Website must be complete, current and accurate and you must not impersonate any other person or entity or make use of a false name or a name that you are not authorised to use. If your Contact Information changes you shall notify us immediately either by updating your Contact Information or by contacting us on mydetails@karndean.co.uk.
2.7 You may provide us with appropriate registration details in order to gain additional functionality in respect of your use of the Website ("Registration Details"). These Registration Details will allow you to (i) keep your Contact Information up to date; and (ii) make full use of all Website functionality.
2.8 You must not disclose your Contact Information and/or Registration Details to any third party and you shall be solely liable for any activities that occur in relation to the use of your Contact Information and/or Registration Details.
2.9 In the event that you have any concerns regarding your Contact Information and/or Registration Details, or become aware of any misuse of your Contact Information and/or Registration Details, then you must notify us immediately by contacting us on mydetails@karndean.co.uk.
2.10 If, in our reasonable opinion, you have breached any of the provisions of the User Agreement, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. We shall inform you in the event of such a decision using your Contact Information, if you have provided us with such information.
3. Sample request
3.1 The following provisions shall set out the basis on which you may request and we may supply to you a sample of the goods that are displayed on the Website ("Sample").
3.2 By placing a request for a Sample ("Request") through the Website, you represent and warrant that you are at least 18 years of age or are acting with the consent of a person at least 18 years of age.
3.3 All Requests can be placed either online through the Website or by telephone on 01386 820 200. Lines are open 9am to 5.00pm Monday to Saturday (excluding bank holidays and public holidays).
3.4 We will send you a Request confirmation' email ("Confirmation Email") once your Request has been submitted. Your Request shall constitute an offer to us to supply you with a Sample and shall not mean that your Request has been accepted.
3.5 We may refuse to accept a Request at our sole discretion.
3.6 We will aim to fulfil requests within the delivery period set out in the Confirmation Email, or if no delivery period is specified, then within a reasonable time of the date of the Confirmation Email, unless there are exceptional circumstances.
4. Security
4.1 You may only use the Website for lawful purposes and you expressly agree not to:
4.1.1 use the Website in any way that breaches any applicable local, national or international law or regulation;
4.1.2 use the Website in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
4.1.3 use the Website to knowingly introduce or transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, or other harmful material or similar computer code designed to adversely affect the operation of any computer software or hardware;
4.1.4 infringe any copyright or trade mark or any right of privacy, publicity or personality or any other right, whether registered or unregistered, of any other nature or any person, or be obscene, libellous, blasphemous or defamatory;
4.1.5 access without authority, interfere with, damage or disrupt any part of the Website, any equipment or network on which the Website is stored or any software used in the provision of the Website; and
4.1.6 interfere with, damage or disrupt the enjoyment or use of the Website by any third party or any equipment, network or software owned or used by any third party.
5. Warranties and Liability
5.1 The content provided on the Website is provided on an "as is" basis, without any warranties or guarantees as to its accuracy or reliability. It is your sole responsibility to verify the accuracy of such content.
5.2 The Website may contain links to other websites and resources which are not under our control. We do not provide any warranties or guarantees in respect of such websites and resources and we shall not be responsible for the availability, content or security of, or for any products or services available from, such websites and/or resources. If you transact through any linked website with a third party, such transactions shall be, and any rights and obligations shall arise, solely between you and the third party.
5.3 To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude to the fullest extent permitted by law:
5.3.1 all representations, conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity including, but not limited to, conditions or other terms of satisfactory quality, fitness for a particular purpose and reasonable care and skill;
5.3.2 any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website (including via the use, inability to use, or results of the use of the Website), any websites linked to it and any materials posted on it, including, without limitation, any liability for:
5.3.2.1 loss of business, income or revenue;
5.3.2.2 loss of profits or contracts;
5.3.2.3 business interruption;
5.3.2.4 loss of use of money or anticipated savings;
5.3.2.5 loss of, damage to, or corruption of data or information;
5.3.2.6 loss of opportunity, goodwill or reputation;
5.3.2.7 wasted expenditure; and/or
5.3.2.8 for any other loss or damage of any kind, however arising and whether under contract or in tort (including negligence) or restitution, or by breach of statutory duty or misrepresentation, or otherwise;
5.3.3 any liability for:
5.3.3.1 any delay or failure to perform any obligation that is due to a cause beyond our reasonable control;
5.3.3.2 any loss or damage which may arise as a result of any failure by you to protect your Contact Information and/or Login Details;
5.3.3.3 any delay in the delivery of a Sample howsoever caused;
5.3.3.4 any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
5.4 In any event, our maximum liability to you in contract, tort (including, without limitation, negligence) or otherwise arising in connection with the User Agreement or the Website shall be limited to £50.
5.5 Nothing in the User Agreement excludes or limits liability for death or personal injury arising from our negligence or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability, which cannot be excluded or limited under applicable law.
6. Data Protection
We comply with all applicable Data Protection laws in the UK. For a description of how we use your personal data, please see our Privacy Policy.
7. Intellectual property
7.1 Unless otherwise specified, all patents, copyrights, design rights, trademarks, service marks, trade secrets, know-how, database rights and other rights in the nature of intellectual property rights (whether registered or unregistered) and all applications for the same, anywhere in the world ("Intellectual Property Rights") in the Website and in the content provided on the Website are owned by or licensed to Karndean. All such Intellectual Property Rights are reserved.
7.2 The Website’s designs, text, graphics, logos, images, page headers, button icons, scripts, service names, data compilations and software are the trade marks or trade dress of Karndean. All rights, interest and title in such trade marks and trade dress are reserved.
7.3 You shall not use Karndean's trade marks and/or trade dress in connection with any product or service that is not Karndeans, in any manner that is likely to cause confusion or in any manner that discredits Karndean.
8. Severability
If any court or competent authority finds that any provision, or part of any provision, of the User Agreement is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the User Agreement shall not be affected.
9. Third party rights
Nothing in the User Agreement shall confer on any third party any benefit or the right to enforce any term of the User Agreement.
10. Governing law and jurisdiction
The User Agreement, and any dispute or claim arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims), shall be governed by English law and subject to the exclusive jurisdiction of the English courts.
11. Complaints
If you believe that your rights are being infringed by the Website, or if you are dissatisfied with the WebSite or any aspect of our service, you should first contact us on info@karndean.co.uk.