Terms and Conditions

TERMS AND CONDITIONS OF BUSINESS

This page (together with the documents expressly referred to in it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the services (Services) listed on our website (our site) to you.

These Terms will apply to any contract between us for the sale of Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Services from our site. Please note that before placing an order you will be asked to agree to these Terms.

Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Services from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 9. Every time you wish to order Services, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 1 August 2012.

These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US

1.1 We operate the website www.cidori.co.uk. We are Gateway Management Services, a company registered in England and Wales under company number —- and with our registered office and main trading address at — (Supplier). Our VAT number is —

1.2 To contact us, please see our Contact Us page www.cidori.co.uk/contact-us

2. INTERPRETATION

2.1 In these Terms, the following rules apply:
(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) a reference to a party includes its personal representatives, successors or permitted assigns;
(c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(d) any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

3. [USE OF OUR SITE
Your use of our site is governed by our [Terms of Website Use and Website Acceptable Use Policy]. Please take the time to read these, as they include important terms which apply to you.]

4. HOW WE USE YOUR PERSONAL INFORMATION
We only use your personal information in accordance with our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.

5. OUR SERVICES

5.1 Any samples, drawings, descriptive matter or advertising issued by us, and any descriptions or illustrations contained on our site, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.

5.2 We shall supply the Services to you in accordance with the Order Confirmation in all material respects (see 8.4 below).

5.3 We shall use all reasonable endeavours to meet any performance dates specified in Order Confirmation, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.

5.4 We shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and we shall notify you in any such event.

6. IF YOU ARE A CONSUMER
This clause 6 only applies if you are a consumer.

6.1 If you are a consumer, you may only purchase Services from our site if you are at least 18 years old.

6.2 We intend to rely upon these Terms and our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy in relation to the Contract between you and us. 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 to be confirmed in writing.

6.3 As a consumer, you have legal rights in relation to the supply of Services. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

7. IF YOU ARE A BUSINESS CUSTOMER
This clause 7 only applies if you are a business.

7.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Services.

7.2 These Terms and our Privacy Policy[, Terms of Website Use and Website Acceptable Use Policy] 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 the us which is not set out in these Terms or our Privacy Policy[, Terms of Website Use and Website Acceptable Use Policy].

8. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

8.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

8.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 8.4.

8.3 We will confirm our acceptance to you by sending you an e-mail (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.

8.4 If we are unable to supply you with any Services, for example because of an error in the price on our site as referred to in clause 14.4, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Services, we will refund you the full amount as soon as possible.

9. OUR RIGHT TO VARY THESE TERMS

9.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements.

9.2 Every time you order Services from us, the Terms in force at that time will apply to the Contract between you and us.

9.3 Whenever we revise these Terms in accordance with this clause 9, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

10. CUSTOMER’S OBLIGATIONS

10.1 You shall ensure that the terms of your Order for Services are complete and accurate, and shall cooperate with the Supplier in all matters relating to the Services. You shall provide the Supplier with such information and materials as the Supplier may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects.

11. YOUR CANCELLATION AND REFUND RIGHTS IF YOU ARE A CONSUMER
This clause 101 only applies if you are a consumer.

11.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 11.2. This means that during the relevant period if you change your mind, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.

11.2 Your legal right to cancel a Contract starts from the date of the Order Confirmation, which is when the Contract between us is formed. If we have not started to provide the Services you have a period of 7 (seven) working days in which you may cancel, starting from the day the Contract is formed. Working days means that Saturdays, Sundays or public holidays are not included in this period.

11.3 If you agree to us commencing supply of the Services on a date earlier than 7 (seven) working days from the date the Contract is formed, then you will lose the right to cancel as set out at paragraph 9.2 above.

11.4 The following cancellation charges will apply where the Client cancels all or any part of the Service; up to 3 months notice in writing – 60% of the full cost will be charged, 1 month but less than 3 months notice in writing – 80% of the full cost will charged, less than 1 month notice in writing – full Service cost will be charged.

11.5 To cancel a Contract, you must contact us in writing by sending an e-mail to info@www.cidori.co.uk or by sending a letter to —. You may wish to keep a copy of your cancellation notification for your own records.

11.6 We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation.

12. DELIVERY

12.1 Your order will be fulfilled by the estimated delivery date set out in the Order Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.

13. NO INTERNATIONAL DELIVERY

13.1 Unfortunately, we are unable to provide Services to addresses outside the UK.

14. PRICE OF SERVICES

14.1 The prices of the Services will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Services are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Services you ordered, please see clause 14.4 for what happens in this event.

14.2 Prices for our Services may change from time to time, but changes will not affect any order which we have confirmed with a Order Confirmation.

14.3 The price of our Services includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Services in full before the change in VAT takes effect.

14.4 Our site contains a large number of Services. It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. If we discover an error in the price of the Services you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Service at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Services to you at the incorrect (lower) price.

15. HOW TO PAY

15.1 You can only pay for Services using —.

16. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 16 only applies if you are a business customer.

16.1 You agree not to use the Services provided for any re-sale purposes.

16.2 Nothing in these Terms limit or exclude 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).

16.3 Subject to clause 16.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.

16.4 Subject to clause 16.2 and clause 16.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Services.

16.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.

17. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 17 only applies if you are a consumer.

17.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

17.2 We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

17.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

18. EVENTS OUTSIDE OUR CONTROL

18.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause
18.2.

18.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

19. COMMUNICATIONS BETWEEN US

19.1 When we refer, in these Terms, to “in writing”, this will include e-mail.

19.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to Gateway Management Services Limited at — or email info@www.cidori.co.uk. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 101, please see that clause 10 for how to tell us this.

19.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

19.4 If you are a business, please note that any notice given by you to us, or by us to you, 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.

20. OTHER IMPORTANT TERMS

20.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

20.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing

20.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

20.4 Each of the paragraphs of these Terms 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.

20.5 If we fail to insist that you perform any of your obligations under these Terms, 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 those 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.

20.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.

20.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.