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WEBSITE TERMS AND CONDITIONS

Qualtex UK Limited

 

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.qualtexuk.com (the "site") (the "terms of use").

 

Please read these terms of use carefully before you start to use the site.

 

By using our site, you indicate that you accept these terms of use and that you agree to abide by them.  If you do not agree to these terms of use, please refrain from using our site.

We amend these terms of use from time to time as set out below.  Every time you wish to order from our site, please check these terms of use to ensure you understand the terms which will apply at that time.

 

1. Information about us

 

www.qualtexuk.com is a site operated by Qualtex UK Limited ("we" "us" and "our").  We are registered in England and Wales under company number 00708974 and have our registered office at Unit 1 Denton Hall Farm Road, Denton, Manchester, M34 2SX.

 

2. Accessing our site

 

2.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below).  We will not be liable if for any reason our site is unavailable at any time or for any period.

 

2.2          From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

 

2.3          We reserve the right at any time and at our sole discretion to:

(a)           refuse a new customer registration;

(b)           suspend or terminate access to a customer's account; and

(c)           discontinue our site or any part thereof.

 

2.4          If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.  We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

 

2.5          You are responsible for maintaining the confidentiality of your password and user name and are responsible for all activities that are carried out under them.  We do not have the means to check the identities of people using our site and will not be responsible for losses suffered by you where your password or user name is used by someone else unless this is due to our negligence.

 

2.6          You agree to let us know immediately by email to or by phone on 0161 320 2660 if you become aware of or suspect any unauthorised use of your password or user name.

 

2.7          You are responsible for making all facilities and arrangements necessary for you to have access to our site.  You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use, and that they comply with them at all times.

 

3. Our site changes regularly

 

We aim to update our site regularly, and may change the content at any time.  If the need arises, we may suspend access to our site, or close it indefinitely.  Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material. 

 

4. Intellectual property rights

 

4.1          We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

 

4.2          You may not, without our prior written consent, print off, copy or download any part of our site, including without limitation pages, data or underlying data, other than solely for your business' reference in accordance with these terms of use.

 

4.3          You must not modify the paper or digital copies of any materials you have printed off or downloaded from our site in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

 

4.4          Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

 

4.5 You must not use any part of the materials or data on our site for commercial purposes other than the purchase of Goods (as defined in our Terms and Conditions for the Supply of Goods) and their re-sale without obtaining a licence to do so from us or our licensors.

 

4.6 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

5. Restrictions

 

5.1 By using our site, you warrant that you are a legitimate Qualtex customer with a valid Qualtex trade account and will use the site solely for buying products from us.

 

5.2 Except to the extent expressly set out in these terms of use, you are not allowed to:

(a) do anything that may be considered trolling, including posting any abusive or offensive content on the site;

(b) use the site for any unlawful purpose;

(c) use the site in any way that interrupts, damages, impairs or renders the site less efficient;

(d) transfer files that contain viruses, trojans or other harmful programs;

(e) post any content on the site that belongs to someone else;

(f) remove or change any content of the materials on the site or attempt to circumvent security or interfere with the proper working of the site or any servers on which it is hosted;

(g) hack or attempt to hack the site, access or attempt to access the accounts of other users, or in any way penetrate or attempt to penetrate the site's security measures;

(h) use or copy any content or other material from the site for any other commercial purpose;

(i) access the site, whether using manual or automated techniques, to scrape data or otherwise gain access to data for commercial purposes and/or

(j) otherwise do anything that it is not expressly permitted by these terms of use.

 

5.3 If we believe (at our sole discretion) that you are using the site to do any of the above, or otherwise misusing the site, we can suspend, restrict or terminate your access to the site at any time without notifying you. This won't limit our right to take any other action against you that we consider appropriate to defend our rights or those of anyone else.

 

6. Reliance on information posted

 

6.1 The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the Goods accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Goods. Goods (and their packaging) may vary slightly from those images.

 

6.2 Although we have made every effort to be as accurate as possible, all sizes, lengths, materials, weights, capacities, dimensions and measurements indicated on our site may vary slightly from those actual measurements.

 

6.3 All Goods shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Goods you have ordered are not available.

 

7. Our liability

 

7.1 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy.

 

7.2 Information, commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility, to the extent permitted by law, arising from any reliance placed on such information, commentary or materials by any visitor to our site, or by anyone who may be informed of any of its contents.

 

7.3 We do not enter into any terms, give any warranties or make any representations as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any information or materials on the site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using any information or materials on the site, or relying on any of its or their content.

 

7.4 To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

(b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation, any liability for:

 (i) loss of income, sales, or revenue;

 (ii) loss of business or business opportunity;

 (iii) loss of profits or contracts;

 (iv) loss of anticipated savings;

 (v) loss of data;

 (vi) loss of goodwill;

 (vii) wasted management or office time;

 (viii) loss or corruption of data, information or software; and

 (ix) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

 

7.5 Nothing in these terms of use limits or excludes our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d) defective products under the Consumer Protection Act 1987; or

(e) any other liability which cannot be excluded or limited under applicable law.

 

8. Information about you and your visits to our site

 

8.1 We process information about you in accordance with our Privacy Policy http://www.qualtexuk.com/help/privacy-policy/default.aspx. Please take the time to read this policy, as it includes important terms which apply to you.

 

8.2 By using our site, you consent to such processing and you warrant that all data provided by you is true, accurate, correct and up to date.

 

9. Transactions concluded through our site

 

9.1 Contracts for the supply of Goods formed through our site or as a result of visits made by you are governed by our Terms and Conditions for the Supply of Goods http://www.qualtexuk.com/help/terms-and-conditions/default.aspx

 

9.2 You confirm that you have authority to access the site on behalf of your business and to bind any business on whose behalf you use our site to purchase Goods.

 

9.3 These terms of use, our Terms and Conditions for the Supply of Goods, our Privacy Policy and any document, policy or other terms and conditions expressly referred to in them constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these terms of use or any document, policy or other terms and conditions expressly referred to in them.

 

10. Uploading material to our site

 

10.1 Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must at all times comply with these terms of use. You warrant that any such contribution does comply with these terms of use, and you agree to indemnify us for any breach of that warranty.

 

10.2 Any material you upload to our site will be considered non-confidential and non-proprietary, and you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and disclose to third parties that material in for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

 

10.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

 

10.4 We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the standards set out in these terms of use, in particular, those restrictions set out at clause 5.2

 

11. Viruses, hacking and other offences

 

11.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs, bots or other materials which are malicious or technologically harmful.

 

11.2 You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

 

11.3 By breaching this clause 11 , you may commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

 

11.4 We cannot and do not guarantee that any content on the site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate technical security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of the site.

 

11.5 We will not be liable for 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 our site or due to your downloading of any material posted on it, or on any website linked to it.

 

12. Linking to our site

 

12.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

 

12.2 You must not establish a link from any website that is not owned by you.

 

12.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the standards set out in these terms of use.

 

12.4 If you wish to make any use of material on our site other than that set out in these terms of use, please address your request to .

 

13. Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

14. Jurisdiction and applicable law

 

14.1 These terms of use are governed by English law.

 

14.2 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these terms of use in your country of residence or any other relevant country.

 

14.3 These terms of use are between you and us. No other person shall have any rights to enforce any of these terms of use, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

 

14.4 Each of the paragraphs of these terms of use operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

 

14.5 If we fail to insist that you perform any of your obligations under these terms of use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with these obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you

 

15. Variations

 

15.1 We may revise these terms of use at any time by amending this page. Such changes may include but not be limited to:

(a) changes in how we accept payment from you; or

(b) changes in relevant laws and regulatory requirements; or

(c) to reflect changes in market conditions affecting our business; or

(d) changes in our system's capabilities.

 

15.2 You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

 

15.3 Every time you order Goods from us, the terms in force at that date will apply to the agreement between you and us. Any future changes will not affect agreements already concluded, unless the changes are required to be made and given retrospective effect by any law or government authorised (in which case it will apply to all agreements if required to do so).

 

15.4 Whenever we revise these terms of use, all changes will be effective when posted on our site and you should check our site from time to time to review these terms of use and other legal notices because they are binding on you.

 

16. Your concerns

 

If you have any concerns about material which appears on our site, please contact .

 

Thank you for visiting our site.

 

Last Updated: 24 March 2017