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Terms and Condititons
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In General
Access to and use of this Web site and the products and search services available through this Web site (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of these terms, conditions and notices, without modification. Furthermore, you acknowledge that the Terms of Service may be updated by us from time to time. This Web site also contains links to other Web sites, Web pages and services, which are not operated by cactus76.com (the "Linked Sites"). Your use of such Linked Sites will be subject to the terms of service contained within each such site and the respective terms of service will control the use of the respective site. In any event your link through to such a site will be subject to the these Terms of Service. You recognise that cactus76.com has no control over such Linked Sites and information, and you accept that cactus76.com provides no guarantee as to the accuracy or reliability of such sites or the information contained in them and you agree that we shall have no responsibility as to whether such links locate unintended or objectionable content or otherwise cause you distress, loss or damage.
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Privacy policy
Under cactus76.com's privacy policy we may disclose to third parties certain information contained in our Users' registration applications, but we will not disclose your name, address, email address or telephone number unless we have informed you, been authorised by you, or are required to do so by law, subject to the Data Protection Act 1998. For more information see our Privacy Policy.
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Prohibitions
You will not: commit or encourage a criminal offence; send or receive any material which is in any way offensive or obscene, or in breach of confidence, copyright, privacy or any other rights; act contrary to the acceptable use policies of any Linked Sites or community standards generally; transmit or distribute a virus; hack into any aspect of the Service; corrupt data; cause annoyance to other Users; infringe upon the rights of any other person's trade marks or other proprietary rights; send any unsolicited advertising or other promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through the cactus76.com Web site.
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Intellectual Property, Software and Content
The intellectual property rights in all software made available and content supplied to you remains the property of cactus76.com, its licensors, advertisers or content suppliers. You will comply with the terms of any agreement required by the owner of intellectual property rights in all software and content supplied to you as notified to you and you hereby acknowledge that all software that is not made readily available to you is confidential, and that all other rights including but not limited to database rights and copyright are asserted and reserved by cactus76.com, its licensors, advertisers or content suppliers. You may store, manipulate, analyse, reformat, print and display the content supplied solely for your own personal use. In no event are you permitted to publish, distribute or otherwise reproduce in any format any of the content or copies of the content supplied to you or which appears on the cactus76.com site and you are prohibited from using any such content in connection with any business or commercial enterprise including, without limitation, any media business or enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble (except to the extent that applicable laws expressly or impliedly prohibit such restriction) or create derivative works based on any software or any documentation accompanying such software supplied by cactus76.com, its licensors, advertisers or content suppliers. The cactus76.com logos belongs to cactus76.com. No license or consent is granted to you to use these marks in any way, and cactus76.com reserves all rights in these and any related marks. You agree not to use these marks or any marks which are colourably similar without the written permission of cactus76.com.
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E-tail of Products and Services
By making a request/order you are offering to purchase a product which we will accept to sell to you on the following Terms and Conditions. All requests are subject to availability and confirmation of the order price by us. Dispatch times may vary according to availability and any guarantees warranties or representations made as to delivery times are limited to mainland UK and are on the basis that we are not responsible for any delay in delivery occurring due to postal delays or force majeure. cactus76.com are absolutely entitled to refuse any request made by you. If your order is accepted we will inform you by emailing you or else by calling you. We will also provide the identity of the party you have contracted with. This may be cactus76.com or in certain cases a third party. Where a contract is made with a third party cactus76.com is not acting as either agent or principal and the contract is made between yourself and that third party. When making a request you undertake that all details you provide to us requesting goods or services or bids made at auction are true and accurate, that you are an authorised user of the credit or debit card used to make your request or bid and that there are sufficient funds to cover the cost of the goods, services or bid. It is your responsibility to inform us of any changes to these details as soon as possible. Our returns policy. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
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Disclaimer of Warranties
The services and all information, products and other content included in or accessible from this web site and the linked sites, are provided on an "as is" and "as available" basis and are subject to change at any time without notice to you. To the fullest extent permitted by law, cactus76.com disclaims and excludes all representations and warranties (express, implied and statutory, including but without limitation the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights) as to the services and all information, products and content included in and accessible from this web site or the linked sites.
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Disclaimer of Liability
Unless expressly stated to the contrary to the fullest extent permitted by law cactus76.com, its content providers, advertisers or linked sites shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this web site or the linked sites, even if cactus76.com had been advised of the possibility of such damages and irrespective of whether such damages arise in contract, tort, equity, restitution, by statute, at common law or otherwise. You have read this disclaimer and agree to it on the basis that you agree it is reasonable.
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Indemnity
You agree to indemnify, defend and hold harmless cactus76.com, its owners, directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the cactus76.com services, your breach of the Terms of Service, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
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Variation of content
cactus76.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary any of the content supplied in connection with the Service or which appears on any page of the cactus76.com Web site.
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Termination
cactus76.com may at any time terminate or suspend any part of the Service without notice to you.
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Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
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Governing law
These terms and conditions shall be construed in accordance with English law and the courts of England OR the jurisdiction in which you are resident or domiciled (at cactus76.com's election) shall have jurisdiction to resolve any disputes between you and cactus76.com, without regard to any choice of law provisions or private international law. You hereby consent to the exclusive jurisdiction and venue of the Royal Courts of Justice, Strand, London, UK, for any and all disputes relating to the Terms of Service, use of this Web site or any Linked site in the event that cactus76.com have elected England as the jurisdiction.
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Entire agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and cactus76.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of cactus76.com.
Privacy Policy
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Your Privacy
cactus76.com are totally committed to protecting the privacy of our site visitors and customers. The cactus76.com team members are customers themselves of other Internet sites and fully appreciate and respect the importance of privacy on the Internet. We will not disclose information about our customers to third parties except where it is a necessary part of providing a service to you - e.g. Arranging for a product to be sent to you.
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Your Consent
We will not e-mail you in the future unless you have given us your consent.
We do not send random marketing emails to personal email addresses (spam).
When you place an order on line we will need to know your name, address, delivery address, credit or debit card number and expiry date. This will allow you to pay for the items you have ordered and ensure that they are delivered to you at the correct address.
We do not sell, rent or trade information about you. We are required by the UK Data Protection Act 1998 to follow strict security procedures to ensure that stored information is not accessible by unauthorized persons.
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Why we may request other information about you
Our aim when you visit cactus76.com, is to provide you with the best and most efficient shopping experience possible. To do this we may ask you for feedback and ask questions about your preferences, in order to understand your shopping habits and provide you with a web site that will be exciting, interesting and useful to you.
If you enter a competition on our site we will store your details in order to administer the competition and notify winners.
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Keeping in touch
We may use the information you have submitted to contact you if we feel you may be interested in a product or service offered by cactus76.com. You will be given the option to delete your personal details from our marketing database if you do not want to be contacted again.
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Site Statistics
We may disclose aggregate statistics about the number of visitors to our site or number of purchases made on the site. We gather data regarding the visitors to our site using cookies and code which is embedded in the site. Both the cookies and the embedded code provide statistical information about visits to pages on the site, the duration of individual page view, paths taken by visitors through the site, data on visitors' screen settings and other general information. cactus76.com uses this type of information, as with that obtained from other cookies used on the site, to help it improve the services to its users.
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Checking your details
If you wish to verify the details you have submitted to cactus76.com you may do so by contacting us via the e-mail address, telephone number or address given below. Our security procedures mean that we may request proof of identity before we reveal information.
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What are Cookies?
A cookie is a small information file that is sent to your computer and is stored on your hard drive. If you have registered with us then your computer will store an identifying cookie which will save you time each time you re-visit cactus76.com, by remembering your email address for you. You can change the settings on your browser to prevent cookies being stored on your computer without your explicit consent.
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Contacting us
We are always pleased to hear from our customers (even if it is a complaint!). We are always grateful for any time you spend providing us with the knowledge we need to ensure our customers are completely satisfied - we want you to return to the site and to recommend us to your friends and family. If you have any questions or feedback about this statement please do not hesitate to contact a customer service member of the cactus76.com team, who will be delighted to answer any questions you may have.
You can either send an email to:
customercare@cactus76.com
Write to us at:
cactus76.com
45 Wordsworth Avenue
London E18 2HD
UNITED KINGDOM
Or, complete our contact form
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