Terms & Conditions
1. Definitions and Interpretations
1.1 In these Terms the following words shall mean:
Contract - these Terms and the Order;
Goods - the items advertised on the Website purchased by You from Us;
Intellectual Property Rights - all patents, database rights, copyright, design rights, trade marks and other similar rights wherever existing in the world whether registered or unregistered together with the right to apply for protection of the same;
Order - the order for goods placed by You and accepted by Us subject to these Terms;
Order Form - the order form submitted by You subject to these terms setting out the goods You wish to order;
Us, Our, We – Michael Smith Switchgear;
User - any person who browses the website;
Website - the website identified by the URL (www.michaelsmithswitchgear.co.uk) or such other URL that we may use in connection with the goods from time to time;
You, Your - the person or organization using the Website or buying Goods from Us pursuant to these Terms.
1.2 In these Terms references to “in writing” shall include e-mail. Any queries regarding these terms, the goods or your order must be made to the Contact Address.
2. Application of these Terms
2.1 If You are submitting an order form, You agree to be bound by these terms. If You are a user, Your use of the Website constitutes Your agreement to be bound by these terms insofar as they are relevant to use of the website only.
2.2 These terms (as amended by us from time to time in accordance with clause 2.3 below) shall apply to the exclusion of any other terms or conditions and You agree to abide by them.
2.3 We reserve the right to vary these Terms at any time. If so, the updated version will be posted on the Website and You will bound by the updated version if You continue to use the Website thereafter.
Part A – Use of The Website
3. Website Content
All rights and title in this Website and its contents is either the property of Rock Star Academy or We are duly licensed to use it. All rights are reserved. You are permitted to download a single hard copy of Website content and print extracts from the Website for Your own personal and non-commercial use. Unless otherwise stated, the Intellectual Property Rights in all material on this Website (including without limitation photographs and graphical images) are owned by Us. Except as expressly provided nothing contained herein shall be construed as creating any license or right under Intellectual Property Rights. Rock Star Academy is the owner of various registered and unregistered trademarks. Under no circumstances should you use, encourage third parties or authorize any third party to use any trademark (whether registered or unregistered) owned by Us without Our consent.
This Website may include links to other websites. These websites and the content, products and services available through them are not under Our control and should not be considered to be endorsed or approved by Us. We do not accept any liability in connection with any third party websites that may be accessed through this Website. You must not create or encourage any third party to create hyperlinks to the Website without Our prior written consent (which We may withhold at our absolute discretion and without providing any reason).
6. Service Access
While We endeavor to ensure that this Website is available 24 hours a day, We shall not be liable if for any reason this Website is unavailable at any time or for any period. We give no warranties as to the availability, performance or accessibility of the Website. Access to this Website may be suspended temporarily and without notice at Our discretion including without limit in the case of system failure, maintenance or repair or for reasons beyond our control.
7.1 While We endeavour to ensure that the information on this Website is correct, We do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website at any time without notice. The material on this Website may be out of date, and We make no commitment to update such material.
7.2 The material on this Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, We provide You with this Website on the basis that We exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website. We do not warrant that this Website, its servers, or emails which may be sent by Us are free from viruses or other harmful components.
7.3 We exclude all liability and responsibility for any amount or kind of loss or damage that may result to You or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with this Website; the use, inability to use or the results of use of this Website; any websites linked to this Website or the material on such websites; Your downloading of any material from this Website or any websites linked to this Website; or viruses that may infect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing of this Website.
Part B - General
Unless otherwise expressly stated in these Terms, all notices from You to Us must be via email, either directly or through our contact form. Contact through our online chat is also allowed.
If any part of these Terms is unenforceable (including any provision in which We exclude our liability to You) the enforceability of any other part of these conditions will not be affected.
10. Third Party Rights
A person who is not a party to this Contract has not got any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
11. Governing Law
This Contract shall be governed by and interpreted in accordance with English law and the English Courts shall have jurisdiction to resolve any disputes between us.
If you have any concerns or complaints about the Goods, this website or the service you have received then please contact us via email, phone or contact form.
13. Entire Agreement
We do not store credit card details nor do we share customer details with any 3rd parties.