Terms and Conditions
Terms & Conditions of Use of Website
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. USE OF THIS WEBSITE IS ACCEPTANCE OF THESE TERMS AND CONDITIONS.
These Terms and Conditions set out that:
1. You have a licence to use our website and this licence is non-exclusive and non-transferable.
2. You are purchasing all products from Retailers and not from WestQuay. Your purchasing contract is with each Retailer from whom you purchase. Purchasing contracts with Retailers will be governed by each Retailer's own Terms and Conditions, as displayed on their website.
3. WestQuay is not liable for purchases that you make from Retailers.
4. Your use of this website is subject to your acceptance of these Terms & Conditions, and our Privacy Policy.
5. The use of this website is governed by the laws of England and Wales.
Use of this website creates a legally binding agreement between:
• The West Quay Limited Partnership whose registered office is at 10 Grosvenor Street, London W1K 4BJ. (“WestQuay”, "We", "Us", "Our"); and
• You, the user of Our Facilities ("the Shopper" or "You" or "Your").
1. DEFINITIONS
These words have the following meaning (where they have a capitalised first letter) in these Terms and Conditions:
"Agreement" means the provisions of these Terms and Conditions.
"Collection Facilities" means the Credit Card Payment System operated by or on behalf of individual Retailers and other ancillary facilities required for the settlement of payments relating to Products purchased by You.
"Confidential Information" means all information relating to the affairs, business, service, product or plans of Us or You but not including information already lawfully known to the receiving or acquiring party, or information in the public domain.
"Credit Card Payment System" means a credit card and debit card payment mechanism operated to settle payments relating to Products purchased by You.
"Distance Selling Directive" means the Consumer Protection (Distance Selling) Regulations 2000 (SI 2000 No. 2334) (as amended from time to time).
"Internet" refers to the global information system that:
a. is logically linked together by a globally unique address space based on the Internet Protocol ("IP") or its subsequent extensions or follow-ons;
b. is able to support communications using the "Transmission Control Protocol" / IP suite or its subsequent extensions or follow-ons, and / or other IP-compatible protocols; and
c. provides, uses or makes accessible, either publicly or privately, high level services layered on the communications and related infrastructure.
"Links" mean hypertext, text, banner, logo and contextual links ("Graphic Image") which permit You to go from Our Website to a Retailer's Website or from a Retailer's Website to Our Website or any other website by clicking on the Graphic Image.
"Linking Sites" mean website which contain Links to Our Website.
"Intellectual Property Rights" or "IPR" means all intellectual property rights, including but not limited to the following rights:
a. patents, copyright, circuit topography rights, registered designs and unregistered design rights, database rights (including rights of extraction), trade marks and service marks; and
b. any application or right to apply for registration of any of the rights referred to in paragraph (a).
"Products" means all goods and services available for purchase by You at Retailers’ Websites.
"Retailer" means any person who sells goods and/or services through Links from Our Website.
"Retailer’s Website" means the entire content of any website owned or operated by a Retailer.
"Shopecentre" means Shopecentre Limited of Bracken Court, Bracken Road, Sandyford, Dublin 18.
"Our Facilities" means only Our Website and the link to the Collection Facilities. Our Facilities do not include Credit Card Payment Systems operated by or on behalf of Retailers.
"Our Website" means the entire content of the Website at URL: www.west-quay.co.uk which takes you to Online Shop section of the WestQuay site or any replacement or successor URL (but excluding any Retailer's Website to which Our Website may be linked by Links).
"World Wide Web" is an Internet information browsing service based on hypertext documents with Links to still and motion images, audio, animation, and 3 dimensional images.
"Your Information" means any information that We may collect from You or about You through Your use of Our Website.
2. LEGALLY BINDING TERMS AND CONDITIONS
Your use of Our Facilities and all of the Retailers’ Websites may be subject to restrictions imposed by law. You must comply with these laws as it is not possible for Us or any Retailer to comply with them on Your behalf.
We may change these Terms and Conditions at any time by publishing a new version on Our Website. We will post any new Terms & Conditions on our home page. Your use of Our Facilities will from that point on be governed by the new version. It is your responsibility to review Our Website regularly to ensure you are aware of the latest Terms and Conditions.
3. BASIS OF USE
We license You to use Our Website if:
• You have read and You understand and accept these Terms and Conditions;
• Any Login Name or Password used by You to access Our Facilities is only used by You personally; and
• You use Our Website in accordance with these Terms and Conditions.
You may NOT use Our Website in any other circumstances.
Your licence to use Our Website under this clause extends to any material downloaded from Our Website unless We notify You otherwise at the time of download. The licence to download does not extend to incorporating the material downloaded into any other work or publication, whether in hardcopy or electronic or other form, or to disseminating or disclosing the downloaded material to others.
You may not distribute or copy any part of Our Website for any commercial purpose unless We approve in advance this use in writing.
We may withdraw Your licence to use any part of Our Website at any time for any reason.
4. CONSEQUENCES OF USING OUR WEB SITE
Our Website is designed to allow You to:
• visit any Retailers’ Website using the Links on our Website; and
• make purchases of Products from any Retailer's Website and have your purchased Products placed into a "virtual shopping basket" that contains all purchases that You make from any number of Retailers’ Websites; and
• make payments for all of Your purchased Products using the Collection Facilities.
By accessing Our Website, you are making an offer to Us to use Our Facilities in accordance with these Terms and Conditions. We do not have to accept Your offer to use Our Facilities and may deny You access to any or all of Our Facilities for any reason.
You do not have any contractual relationship with Us except these Terms and Conditions. If You purchase any Product from any Retailer, Your contract for purchase of that Product is between You and the Retailer. Your contract of purchase for any Product is therefore governed by the Terms and Conditions on each Retailer's Website. You should read the Terms and Conditions on each Retailer's Website to ensure that such Terms and Conditions are acceptable to you.
Payment Processing
Shopecentre (www.shopecentre.com) and (in some cases) individual Retailers provide the Collection Facilities. We only provide You the link to the Collection Facilities. Therefore, it is Shopecentre or the individual Retailers and not Us who handle the payment processing for You. This means that We cannot accept any responsibility or liability for problems with payment processing or the Credit Card Payment System. You should contact the Retailer in question if you have any problems.
We do not collect your credit card details as this information is collected directly by Shopecentre on behalf of the individual Retailers or (in some cases) collected directly by the Retailer in question. Again this means We cannot accept any responsibility or liability for the fraudulent use of credit details.
Dispatch / Delivery of Orders
As Your contract is with the Retailer, it is the Retailer’s dispatch policy that will govern how Your items are delivered and the form of proof of purchase You receive with these items – such as a delivery docket or receipt.
Regarding delivery charges, these again are governed by each Retailer’s Policy, with the exception of some Retailers where instant delivery charges are not offered – and in these cases, we calculate the delivery to be charged, based as closely as possible to the charging structure used by the Retailer.
Your card statement should list the Retailers from whom you have purchased, the total value of the purchase from that Retailer including any delivery cost, plus the date in which the card was debited. However, the exact details supplied will depend on what the Retailer promised You.
Returns and Refunds
As Your contract is with the Retailer, it is the Retailer’s returns policy that will govern how Your items can be returned and the refunding for those items. You must contact the Retailer if you wish to return items. If requested by a Retailer, we undertake to credit your card.
Distance Selling Directive
We are not producing or selling you any Products and We are therefore not a supplier for the purposes of the Distance Selling Regulations. It is for the Retailer to supply you the information required to be supplied under the Distance Selling Regulations.
We accept no liability for Your use of Our Website or any Retailer's Website other than as set out in these Terms and Conditions.
We do not have any control over any Retailer's Website. All Retailers' Websites are separate and distinct from Our Website. Any content on any Retailer's Website is not Our responsibility and any representation on a Retailer's Website is not Our representation.
We do not in any way endorse:
• any website which may be linked to Our Website either as a Link or as any other hypertext link;
• any Products marketed by Retailers; or
• any promotions marketed by Retailers.
5. PROVISION OF OUR FACILITIES
We can change any of Our Facilities at any time for any reason.
You must install and obtain licences for any hardware or software that You need in order to make use of Our facilities.
6. ACCESS TO WESTQUAY FACILITIES
We have no control over the World Wide Web and You agree therefore that We are not responsible for the operation or the level of performance of any Link, the Internet or the World Wide Web.
7. REPRESENTATIONS BY WESTQUAY
You agree that We have no liability to You in relation to any representation or statement that We make to You unless it was made fraudulently.
8. INCENTIVE SCHEMES
We may from time to time offer You a loyalty incentive scheme to encourage You to use Our Facilities. You agree that We may operate any loyalty incentive scheme at Our absolute discretion and any benefits that may accrue to You may be withdrawn at any time. Any loyalty incentive scheme that we offer will be covered by the Terms and Conditions for that scheme as outlined in the Help section of this website.
9. USE OF THE WESTQUAY FACILITIES
You may not use Our Facilities to prejudice Our interests or Our Facilities in any way.
10. INTELLECTUAL PROPERTY RIGHTS
We either own or are licensed to use the Intellectual Property Rights contained in Our Website and its content. You may not copy, download, distribute or publish the content otherwise than in accordance with these Terms and Conditions except with Our prior written consent.
You hereby indemnify Us for any claim, loss, harm, damages or costs that arise as a result of a breach of clause 10 by You.
11. PRIVACY POLICY AND DATA PROTECTION
You consent to Our use, transfer and disclosure of Your Information in accordance with our Privacy Policy (including transfers and disclosures overseas) by using Our Facilities.
You must not disclose Our Confidential Information.
To view our Privacy Policy, click Privacy Policy at the bottom of your screen.
12. LIABILITY AND WARRANTIES
These Terms and Conditions form the entire agreement between Us and You. We are not liable for any statement or representation that we make to You, even if You rely on it, unless We made the statement or representation fraudulently.
We make no warranties or representations to You:
• that any email we send to you will reach its destination or that it will be private and secure during Internet transmission;
• about Our Facilities, Retailers' Websites and Credit Card Payments Systems used by Retailers; or
• as to the availability of Our Facilities, and exclude (to the fullest extent permitted by law) all implied terms, warranties and representations in connection with this Agreement.
You expressly understand and agree that Your use of Our Facilities is at your sole risk. Our Facilities is provided on an “as is” and “as available” basis. We further accept no responsibility or liability for, and makes no warranties, that functions contained at Our Site will be entirely uninterrupted or error-free or that defects will be corrected or that Our Site or the server that makes it available is free of any virus or other harmful elements. For Your own safety You should take regular back-up copies of data and use the latest virus checking software and We cannot accept any liability arising from Your failure to do so.
Our total liability to You for all claims made by You (whether in contract, tort (including negligence or breach of statutory duty) or otherwise) for any costs, losses, claims, damages, expenses or proceedings incurred or suffered by You arising under or in connection with this Agreement, Our Facilities, or the Collection Facilities, is limited to:
• in relation to each transaction, all sums received by Us as commission (if any) from Retailers in relation to Products purchased by You in that transaction, using Our Website.
and We exclude all liability to You (whether in contract, tort, (including negligence or breach of statutory duty) or otherwise) for:
• indirect or consequential loss or damage
• loss of profits;
• loss of data;
• loss of use;
• wasted time.
We cannot control the completion or validity of transactions with Retailers, the content of Retailer's Websites or the content of Linking Sites. Accordingly, You release Us, Our agents and employees from all liability (to the fullest extent permitted by law) arising out of or in connection with any contract with a Retailer, or in connection with any Retailer's Website or Linking Site.
Subject to the provision below, to the extent Our liability is not otherwise excluded or limited, Our sole liability and Your sole remedy will for Us to use reasonable efforts to fix any problem with Our Facilities.
The limitations and exclusions in this clause 12 do not apply:
• in the case of death or personal injury caused by Our negligence;
• for fraud.
13. LOGIN NAME, PASSWORDS AND INFORMATION YOU PROVIDE
You may register with Our Website using a Login Name and Password. We may withdraw your Login Name and/or Password, or issue You with a new Login Name and/or Password at any time without notice. If You become aware that Your Login Name has become known to any other person You must contact Us as soon as possible.
You must not disclose to any person any Login Name or Password that you use to access Our Facilities.
We are under no obligation to cancel a Login Name or Password at any time.
You confirm and warrant that any information provided by you during registration must be true, complete and accurate in all respects. You must immediately inform us of any changes to the information supplied by you to us during registration. You are entirely responsible for maintaining the integrity and security of any service account you open. When You register for use of Our Facilities You are required to provide certain personal and payment details. If You enter details of any credit card you must ensure that You are legally and otherwise fully entitled to use that card and there are available funds sufficient to cover any charges incurred by You.
14. MISUSE OF FACILITIES
You must not use Our Facilities or the facilities of any third party:
• in any way which is defamatory, offensive, abusive, indecent, obscene or menacing;
• in any way which breaches Intellectual Property Rights of any person or obligations of confidence;
• in any way which is illegal or unlawful;
• to introduce a virus, trojan horse, worm, trap door, back door or other disruptive programme;
• in any way which is not authorised by Us or which is in breach of these Terms and Conditions.
You must only use Retailers' Websites in accordance with the terms and conditions of use of those Websites.
15. INDEMNITY
You indemnify Us (subject to any restrictions imposed by law) from and against all costs, losses, claims, damages, expenses or proceedings suffered or incurred by Us arising out of or in connection with:
• breach of these Terms and Conditions by You;
• breach by You of any relevant law or legislation.
16. TERMINATION
We may terminate your licence to use Our Website at any time without notice for any reason. Any termination that occurs does not affect any rights that had accrued to either You or Us prior to termination.
17. ASSIGNMENT
We may assign Our rights and obligations under these Terms and Conditions to any person. You may not assign any of your rights and obligations under these Terms and Conditions.
18. THIRD PARTY RIGHTS
This Agreement does not create any right or benefit enforceable by any third party within the meaning of the Contracts (Rights of Third Parties) Act 1999 except that any limitation or exclusion of liability in favour of Us, and any indemnity given to Us in this Agreement, is a right or benefit of the Our officers, shareholders, employees, agents as if such limitation, exclusion or indemnity had been given directly by You to such third parties.
19. COMPETITIONS
WestQuay competitions are open to all UK residents aged 18 years or over except employees (and their families) of WestQuay, WestQuay retailers, any affiliates involved in the individual competition, subsidiary companies and anyone else who may be involved or connected with the competition.
By completing a competition entry form, you are entering for that competition inparticular. Entries must be received by the detailed closing date. The promoter will not accept entries after this time.
Only one entry per person is permitted.
20 . GENERAL
If a provision of these Terms and Conditions is judged to be illegal or unenforceable by a court or any other competent authority, the relevant provision will be deemed to be omitted. The remaining Terms and Conditions will continue unless the substantive purpose of these Terms and Conditions is then not possible.
Any delay by Us in enforcing Our rights against You does not affect our ability to enforce that right. If we waive any single right against you, it is not a waiver of any other rights that we may have against you.
Any notice to be given under these Terms and Conditions (unless otherwise specified) must be in writing in the English language and be delivered either personally, by registered post or by email to the other party. WestQuay’s address for receipt of notices is as follows:
The WestQuay Limited Partnership, The Management Suite, 8-10 Portland Terrace, Southampton, SO14 7EG info@west-quay.co.uk
This Agreement is governed by English law and We and You both submit to the non-exclusive jurisdiction of the English courts.