If you use the
www.daltonsbusiness.com
website ("the Website") or purchase goods from the Website you agree to be bound
by these terms and conditions.
1. Definitions
In these terms and conditions, "we" and "us" means CMP Information Limited. The
address from which we provide these online services is CMP Information Limited,
Ludgate House, 245 Blackfriars Road, London SE1 9UY. Our VAT identification number
is: GB 238 6233 56.
2. Access to the Website and content
2.1 The information provided by us on the Website is not in any way an invitation
or recommendation to buy any products or services featured and you should seek appropriate
independent advice.
2.2 We are continually improving our goods, so specifications or design changes
may be made at any time. We shall use reasonable commercial endeavours to keep the
Website up to date but information and specifications given are for your information
only and are subject to change without notice.
2.3 We try to ensure that pictures of the goods on the Website are as accurate as
possible, but there are technical limitations and slight variations in colour and
texture between the pictures and the goods themselves must be expected.
2.4 We will endeavour to allow uninterrupted access to the Website, but access to
the Website may be suspended, restricted or terminated at any time.
2.5 We reserve the right to change, modify, substitute or remove without notice
any information on the Website from time to time.
2.6 We assume no responsibility for the contents of any other websites to which
the Website has links.
3. Intellectual Property
The copyright in the material contained in the Website, together with the website
design, text and graphics, and their selection and arrangement, and all software
compilations, underlying source code and software (including applets) belongs to
CMP Information Limited, its subsidiaries or the providers of such information.
All rights are reserved. None of this material may be reproduced or redistributed
without our written permission. You may, however, download or print a single copy
for your own non-commercial off-line viewing.
3.1 Other product and company names mentioned on this Website may be the trademarks
or registered trademarks of their respective owners.
3.2 You shall retain ownership of all copyright in data you submit to the Website.
You grant us a world-wide exclusive, royalty-free, non-terminable licence to use,
copy, distribute, publish and transmit such data in any manner.
4. Exclusions of liability
4.1 We use reasonable endeavours to ensure that the data on the Website is accurate
and to correct any errors or omissions as soon as practicable after being notified
of them. We do not monitor, verify or endorse information submitted by third parties
for posting on the Website and you should be aware that such information may be
inaccurate, incomplete or out of date. To the extent permitted by applicable law,
we disclaim all warranties and representations (whether express or implied) as to
the accuracy of any information contained on the Website. We do not guarantee that
the Website will be fault free and do not accept liability for any errors or omissions.
4.2 Due to the nature of electronic transmission of data over the internet, and
the number of users by whom data is posted on to the Website, any liability we may
have for any losses or claims arising from an inability to access the Website, or
from any use of the Website or reliance on the data transmitted using the Website,
is excluded to the fullest extent permissible by law. In no event shall we be liable
for any indirect loss, consequential loss, loss of profit, data, revenue, business
opportunity, anticipated savings, goodwill or reputation whether in contract, tort
or otherwise arising out of or in connection with these terms and conditions or
use of the Website save where such liability cannot be excluded by law.
4.3 We do not give any warranty that the Website is free from viruses or anything
else which may have a harmful effect on any technology..
5. Exclusion of liability for suppliers' goods and services
We promote a number of suppliers on the Website and offer you the opportunity to
buy goods and services from those suppliers through the Website. We can accept no
liability for any goods or services provided by third party suppliers. Any goods
or services which are not stated to be provided by us are provided by third parties
over whom we do not have control and you should satisfy yourself that you wish to
purchase those goods or services before contracting with the supplier. The suppliers
will be supplying on their own standard terms and conditions and you should check
that you agree to those terms and conditions before placing an order.
6. User name and password
6.1 On registering with us, you are issued with a user name and password which must
be used in order to access certain restricted parts of the Website. The user name
and password are personal to you and are not transferable.
6.2 Your name and password are the methods used by us to identify you and so are
very important. You are responsible for all information posted on the Website by
anyone using your user name and password and any payments due for services accessed
through the Website by anyone using your user name and password. Any breach of security
of a user name and password should be notified to us immediately.
6.3 You may not adapt or circumvent the systems in place in connection with the
Website, nor access the Website other than through normal operations.
7. Data submitted by users
7.1 We accept no liability for data supplied by any user for display on the Website
and the limitations in condition 4 above (Exclusions of liability) apply.
7.2 If you submit data for display on the Website you are responsible for ensuring
that the data is accurate, complete and up to date and for updating that data where
necessary.
7.3 If you submit data for display on the Website you are responsible for ensuring
that no data is uploaded or submitted which is untrue, defamatory, obscene or abusive
or otherwise objectionable or in breach of any applicable laws or rights of third
parties.
7.4 You warrant that you have taken all reasonable precautions to ensure that any
data you upload or otherwise submit to the Website is free from viruses and anything
else which may have a contaminating or destructive effect on any part of the Website
or any other technology.
7.5 We reserve the right (without limiting our rights to seek other remedies) to
remove offending material placed on the Website that we consider to constitute a
misuse of the Website or which is otherwise harmful to other users of the Website.
7.6 You will indemnify us for any claim or loss (including without limitation, economic
loss) suffered by us arising out of your failure to observe any of the terms of
this condition 7.
7.7 Subject to the Contracts (Rights of Third Parties) Act 1999 condition 7.5 may
be enforced by the following people in their own right: any third party with whom
we contract for content or advertising; and our employees or agents at the time
of any failure to observe.
8. Data protection
8.1 We are committed to protecting your privacy. Please see our Privacy Policy.
We will collect and use information supplied by you and other users of the Website
to improve the Website and personalise your experience when you visit the Website.
We may also use it to tell you about changes in our services or about features we
think you may find interesting. We do not sell, trade or rent your personal information
to others. We may choose to do so in the future with trustworthy third parties but
will not do so without your consent. We employ third party companies to process
payments on our behalf. Card payments within the Online Payment Portal are processed
through software provided by Verifone and your payment is authorised through a division
of Lloyds TSB called Lloyds Cardnet.They have access to the personal data they require
to perform the functions but may not use personal data for any other purposes and
they must process personal data in accordance with the Data Protection Act 1998.
Verifone will not collect or store your personal data. Lloyds Cardnet will store
your personal data and may transfer to, process and hold your personal data in countries
within the European Economic Area and outside it in order to perform their duties.
Both offer a secure environment for online card payments. By registering with us,
you are deemed to have consented to use of personal information for these purposes.
However, you can tell us not to deal with your personal information in these ways
in the future by simply sending an e-mail message to
queries@daltonsbusiness.com.
8.2 Under the Data Protection Act 1998 we follow strict security procedures in the
storage and disclosure of information which you have given us, to prevent unauthorised
access.
8.3 You may edit your personal information at any time.
9. Cookies
We use cookies to personalise your experience of the Website. For more information
about cookies please see the "cookies" section in our Privacy Policy
10. Termination
10.1 We may terminate your access to the Website and the services within it on not
less than 3 days' written notice to you.
10.2 All disclaimers, indemnities and exclusions in these terms and conditions shall
survive termination of the agreement between us for any reason.
11. General
11.1 All information and services on Daltons Business are focused on helping people
buy and sell businesses. You should only contact an advertiser advertising on this
website if you have a genuine interest in purchasing the business or service being
offered. Use of this website to collect information on, or make contact with persons
for any commercial purpose, including but not limited to making contact to offer
your or any third party's goods or services, or otherwise seeking to solicit business
in any way is strictly forbidden.
11.2 If any provision of these terms and conditions is held to be unlawful, invalid
or unenforceable, that provision shall be deemed severed and the validity and enforceability
of the remaining provisions of these terms and conditions shall not be affected.
11.3 We may modify these terms and conditions at any time by publishing the modified
terms and conditions on the Website. Any modifications shall take effect 3 days
after posting on the Website.
Terms and conditions of sale
12. Formation of agreement
12.1 An agreement for us to sell you goods or services is made on the basis of these
terms and conditions when we accept your order for goods or services by confirming
receipt of your payment for the goods or services or you download goods from the
Website, whichever is earlier. (This agreement between us is referred to in these
terms and conditions as "this agreement".)
12.2 The description of the goods or service, price, currency, VAT, insurance and
delivery costs are set out in the order page.
13. Orders
13.1 Orders shall be accepted at our sole discretion but are normally accepted if
the goods or services are available, the order reflects current pricing, you are
based in a country to which we are currently able to sell and your credit or account
card is authorised for the transaction.
13.2 The price quoted on the Website is the price that you will have to pay for
the goods or services.
14. Acceptance of your order
We will confirm receipt of your order when we confirm receipt of your payment by
e-mail.
15. Payment
We shall charge your account for payment when we receive your order.
16. Delivery Dates
Unless we specify otherwise, delivery dates for any hard copy products will always
be within 14 days. However, all delivery dates are given only for general guidance
and we will not be held liable in any way for late delivery of goods.
17. Method/Failed Delivery
We shall attempt to deliver physical goods to the address you specify for delivery,
or if none, to the credit card address you supply. It is important that these addresses
supplied by you to us are accurate.
18. Scope of advertisements
The content of the Website is directed solely at those who access the site from
the United Kingdom. We make no representation or warranty that any goods referred
to in the Website are available or are otherwise suitable for use outside the United
Kingdom.
19. Ownership
19.1 You will only own the goods once they have been successfully delivered and
when we have received cleared payment for them in full. Until that time we will
retain title to the goods.
19.2 Goods supplied are not for resale.
20. Exchange or refund
We will be happy to exchange or refund any physical goods with which you are not
completely satisfied. Simply return the goods to us unused, within 7 working days,
with the dispatch note. You will be responsible for the direct costs of returning
the goods. This right to exchange and refund does not apply to goods you have downloaded
from the Website.
21. Liability
21.1 If you have a valid claim in respect of any of the goods which is based on
any defect in the quality or condition of the goods or their failure to meet specification
in accordance with this agreement, we shall be entitled to replace the goods (or
the faulty part in question) free of charge or, at our sole discretion, refund to
you the price of the goods (or a proportionate part of the price).
21.2 We will take all reasonable care to keep your order secure, but in the absence
of our sole negligence we cannot be held liable for any loss you may suffer if a
third party obtains unauthorised access to any data (including credit and account
details) you provide when accessing or ordering from the Website. It is up to you
to keep your username and password secret.
21.3 We shall not be liable to you in connection with this agreement in contract,
tort (including negligence) or otherwise for any loss of profit, anticipated savings
or data (in each case whether direct or indirect) or any indirect loss.
21.4 Our aggregate liability to you in connection with this agreement shall not
exceed the value of the goods ordered by you.
21.5 Notwithstanding anything else in these terms and conditions, we accept unlimited
liability in respect of death, personal injury or damage to property caused by our
negligence.
22. Statutory Rights
These terms and conditions do not affect your statutory rights (if appropriate)
as a consumer.
23. Matters outside our control
We shall not be liable to you or in breach of this agreement for delay or failure
to perform if the delay or failure is due to a cause beyond our reasonable control.
24. E-mail, user name and password
24.1 E-mails to you shall be to the address you specify to us. It is important that
you give us an accurate and valid e-mail address and tell us of any changes to it.
24.2 If you are issued with a user name and password before you can order goods
from us, these will be personal to you and are not transferable. You will be responsible
for any payments due for goods ordered through the Website by anyone using your
user name and password.
25. General
25.1 If we fail to enforce a right under this agreement, that failure will not prevent
us from enforcing other rights, or the same type of right on a later occasion.
25.2 If any provision of these terms and conditions is held to be unlawful, invalid
or unenforceable, that provision shall be deemed severed and the validity and enforceability
of the remaining provisions of these terms and conditions shall not be affected.
26. Complaints
If you have a complaint, please e-mail us at: queries@daltonsbusiness.com.
27. Governing law
27.1 These terms and conditions shall be governed by and construed in accordance
with English law.
27.2 Any disputes shall be subject to the exclusive jurisdiction of the English
courts, to which both parties submit.