TERMS OF SUPPLY
This page (together with the documents referred to on it)
tells you the terms and conditions on which we supply any of the products (Products)
listed on our website www.buzzramp.com (our site) to you. Please read these terms and conditions carefully before ordering any
Products from our site. You should
understand that by ordering any of our Products, you agree to be bound by these
terms and conditions.
You should print a copy of these terms and conditions for
future reference.
Please check the box saying 'I agree to the website terms and conditions' if you accept them. Please understand that if you refuse to
accept these terms and conditions, you will not be able to order any Products from
our site.
1. Your status
By placing an order through our site, you warrant that:
- You are legally capable of entering into binding contracts;
and
- You are at least 18 years old;
2. How the contract is formed between you and
us
2.1 After placing an order, you will receive an e-mail from us
acknowledging that we have received your order. Please note that this does not mean that your order has been
accepted. Your order constitutes
an offer to us to buy a Product.
All orders are subject to acceptance by us, and we will confirm such
acceptance to you by sending you an e-mail that confirms that the Product has
been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when
we send you the Dispatch Confirmation.
2.2 The Contract will relate only to those Products whose
dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any
other Products which may have been part of your order until the dispatch of
such Products has been confirmed in a separate Dispatch Confirmation.
3. Our status
3.1 Please note that in some cases, we accept orders as agents
on behalf of third party sellers.
The resulting legal contract is between you and that third party seller,
and is subject to the terms and conditions of that third party seller, which
they will advise you of directly.
You should carefully review their terms and conditions applying to the
transaction.
3.2 We may also provide links on our site to the websites of
other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from
third party sellers through our site, or from companies to whose website we
have provided a link on our site, will be of satisfactory quality, and any such
warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights
against the third party seller. We
will notify you when a third party is involved in a transaction, and we may
disclose your customer information related to that transaction to the third
party seller.
4. Consumer rights
4.1 If you are contracting as a consumer, you may cancel a
Contract at any time within seven working days, beginning on the day after you
received the Products. In this
case, you will receive a full refund of the price paid for the Products in accordance
with our refunds policy (set out below).
4.2 Details of this statutory right, and an explanation of how
to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your
statutory rights.
5. Availability and delivery
Your order will be fulfilled by the delivery date set out in
the Dispatch Confirmation or, if no delivery date is specified, then within
[30 days] OR [a reasonable time] of the date of the Dispatch Confirmation,
unless there are exceptional circumstances.
6. Risk and title
6.1 The Products will be at your risk from the time of delivery.
6.2 Ownership of the Products will only pass to you when we
receive full payment of all sums due in respect of the Products, including
delivery charges.
7. Price and payment
7.1 The price of any Products will be as quoted on our site from
time to time, except in cases of obvious error.
7.2 These prices include VAT but exclude delivery costs, which
will be added to the total amount due
7.3 Prices are liable to change at any time, but changes will
not affect orders in respect of which we have already sent you a Dispatch
Confirmation.
7.4 Our site contains a large number of Products and it is
always possible that, despite our best efforts, some of the Products listed on
our site may be incorrectly priced.
We will normally verify prices as part of our dispatch procedures so
that, where a Product's correct price is less than our stated price, we will
charge the lower amount when dispatching the Product to you. If a Product�s correct price is higher
than the price stated on our site, we will normally, at our discretion, either
contact you for instructions before dispatching the Product, or reject your
order and notify you of such rejection.
7.5 We are under no obligation to provide the Product to you at
the incorrect (lower) price, even after we have sent you a Dispatch
Confirmation, if the pricing error is obvious and unmistakeable and could have
reasonably been recognised by you as a mis-pricing.
7.6 Payment for all Products must be by credit or debit card. We accept payment with all major credit
cards. We will not charge your
credit or debit card until we despatch your order.
8. Our refunds policy
8.1 When you return a Product to us:
a) because you have cancelled the Contract between us within
the seven-day cooling-off period (see clause above), we will process the refund
due to you as soon as possible and, in any case, within 30 days of the day you
have given notice of your cancellation. In this case, we will refund the price
of the Product in full, including the cost of sending the item to you. However, you will be responsible for
the cost of returning the item to us.
b) for any other reason (for instance, because have notified us
in accordance with paragraph 20 that you do not agree to any change in these
terms and conditions or in any of our policies, or because you claim that the
Product is defective), we will examine the returned Product and will notify you
of your refund via e-mail within a reasonable period of time. We will usually process the refund due
to you as soon as possible and, in any case, within 30 days of the day we
confirmed to you via e-mail that you were entitled to a refund for the
defective Product. Products returned by you because of a defect will be
refunded in full, including a refund of the delivery charges for sending the
item to you and the cost incurred by you in returning the item to us.
8.2 We will usually refund any money received from you using the
same method originally used by you to pay for your purchase.
9. Our liability
9.1 We warrant to you that any Product purchased from us through
our site is of satisfactory quality and reasonably fit for all the purposes for
which products of the kind are commonly supplied.
9.2 Our liability for losses you suffer as a result of us
breaking this agreement is strictly limited to the purchase price of the
Product you purchased [and any losses which are a foreseeable consequence of us
breaking the agreement. Losses are foreseeable where they could be contemplated
by you and us at the time your order is accepted by us].
9.3 This does not include or limit in any way our liability:
a) For death or personal injury caused by our negligence;
b) Under section 2(3) of the Consumer Protection Act 1987;
c) For fraud or fraudulent misrepresentation; or
d) For any matter for which it would be illegal for us to
exclude, or attempt to exclude, our liability.
9.4 We are not responsible for indirect losses which happen as a
side effect of the main loss or damage [and which are not foreseeable by you
and us], including but not limited to:
a) loss of income or revenue
b) loss of business
c) loss of profits or contracts
d) loss of anticipated savings
e) loss of data
f) loss of data, or
g) waste of management or office time however arising and
whether caused by tort (including negligence), breach of contract or otherwise,
even if foreseeable; provided that this
clause 11.4 shall not prevent claims for loss of or damage to your tangible
property that fall within the terms of clause 11.1 or clause 11.2 or any other
claims for direct financial loss that are not excluded by any of categories (a)
to (g) inclusive of this clause 11.4.
10. Import duty
10.1 If you order Products from our site for delivery outside the
UK, they may be subject to import duties and taxes which are levied when the
delivery reaches the specified destination. You will be responsible for payment of any such import duties
and taxes. Please note that we
have no control over these charges and cannot predict their amount. Please contact your local customs
office for further information before placing your order.
10.2 Please also note that you must comply with all applicable laws
and regulations of the country for which the products are destined. We will not be liable for any breach by
you of any such laws.
11. Written communications
Applicable laws
require that some of the information or communications we send to you should be
in writing. When using our site,
you accept that communication with us will be mainly electronic. We will contact you by e-mail or
provide you with information by posting notices on our website.
By registering and/or subscribing to BuzzRamp you agree that we will send you the following email communications on a regular basis, with an option for you to stop these communications at any time:-
- Welcome to BuzzRamp
- Your free trial period expiring in 4 days
- Your free trial period expiring in 7 days
- Your free trial period expiring in 11 days
- Your free trial period has been expired
- Congrats! You have successfully completed your first task
- Weekly summary of your activity
For contractual purposes, you agree to
this electronic means of communication and you acknowledge that all contracts,
notices, information and other communications that we provide to you
electronically comply with any legal requirement that such communications be in
writing. This condition does not
affect your statutory rights.12. Notices
All notices given by
you to us must be given to Tap Bang Ltd at 90 Mainyard 2nd Floor 90 Wallis Road
London E9 5LN or contact@buzzramp.com. We may give notice to you at either the
e-mail or postal address you provide to us when placing an order, or in any of
the ways specified in clause 13.
Notice will be deemed received and properly served immediately when
posted on our website, 24 hours after an e-mail is sent, or
three days after the date of posting of any letter. In proving the service of any notice,
it will be sufficient to prove, in the case of a letter, that such letter was
properly addressed, stamped and placed in the post and, in the case of an
e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. Transfer of rights and obligations
13.1 The contract between you and us is binding on you and us and
on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of
a Contract, or any of your rights or obligations arising under it, without our
prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise
dispose of a Contract, or any of our rights or obligations arising under it, at
any time during the term of the Contract.
14. Events outside our control
14.1 We will not be liable or responsible for any failure to
perform, or delay in performance of, any of our obligations under a Contract
that is caused by events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event,
non-happening, omission or accident beyond our reasonable control and includes
in particular (without limitation) the following:
a) Strikes, lock-outs or other industrial action.
b) Civil commotion, riot, invasion, terrorist attack or threat
of terrorist attack, war (whether declared or not) or threat or preparation for
war.
c) Fire, explosion, storm, flood, earthquake, subsidence,
epidemic or other natural disaster.
d) Impossibility of the use of railways, shipping, aircraft,
motor transport or other means of public or private transport.
e) Impossibility of the use of public or private
telecommunications networks.
f) The acts, decrees, legislation, regulations or restrictions
of any government.
14.3 Our performance under any Contract is deemed to be suspended
for the period that the Force Majeure Event continues, and we will have an
extension of time for performance for the duration of that period. We will use our reasonable endeavours
to bring the Force Majeure Event to a close or to find a solution by which our
obligations under the Contract may be performed despite the Force Majeure
Event.
15. Waiver
15.1 If we fail, at any time during the term of a Contract, to
insist upon strict performance of any of your obligations under the Contract or
any of these terms and conditions, or if we fail to exercise any of the rights
or remedies to which we are entitled under the Contract, this shall not
constitute a waiver of such rights or remedies and shall not relieve you from
compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver
of any subsequent default.
15.3 No waiver by us of any of these terms and conditions shall
be effective unless it is expressly stated to be a waiver and is communicated
to you in writing in accordance with clause 14 (www.practicallaw.com/A above.
16. Severability
If any of these terms
and Conditions or any provisions of a Contract are determined by any competent
authority to be invalid, unlawful or unenforceable to any extent, such term,
condition or provision will to that extent be severed from the remaining terms,
conditions and provisions which will continue to be valid to the fullest extent
permitted by law.
17. Entire agreement
We intend to rely upon
these terms and conditions and any document expressly referred to in them in
relation to the subject matter of any Contract. While we accept responsibility
for statements and representations made by our duly authorised agents, please
make sure you ask for any variations from these terms and conditions to be
confirmed in writing.
Our right to vary these terms and conditions
18.1 We have the right to revise and amend these terms and
conditions from time to time [to reflect changes in market conditions affecting
our business, changes in technology, changes in payment methods, changes in
relevant laws and regulatory requirements and changes in our system's
capabilities.
18.2 You will be subject to the policies and terms and conditions
in force at the time that you order products from us, unless any change to
those policies or these terms and conditions is required to be made by law or
governmental authority (in which case it will apply to orders previously placed
by you), or if we notify you of the change to those policies or these terms and
conditions before we send you the Dispatch Confirmation (in which case we have
the right to assume that you have accepted the change to the terms and
conditions, unless you notify us to the contrary within seven working days
of receipt by you of the Products).
19. Law and jurisdiction
Contracts for the
purchase of Products through our site will be governed by English law. Any dispute arising from, or related
to, such Contracts shall be subject to the non-exclusive jurisdiction of the
courts of England and Wales.