Definitions

“Conditions" means these terms and conditions.
“Product" means a product displayed for sale on the website.
“Users" means the users of the website collectively.
“Personal Information" means the details provided by you on registration.
“We/us" means M A Smith Associates.
“You" means a user of this website.

Use of the website

Access

You are provided with access to this website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

Registration

You warrant that:

  • the Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
  • you will notify us immediately of any changes to the Personal Information by contacting us by email or calling us on 01886 853610 between 9.00 am and 5.00 pm Monday to Friday. 

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Indemnity

You agree to fully indemnify, defend and hold us, and our employees, sole agent harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this website, or the use of any other person accessing the website using your shopping account and/or your Personal Information.

Our rights

We reserve the right to:

  • modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or
  • following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the website. 

Privacy

We will treat your Personal Information as confidential and keep on a secure server in full compliance with all applicable United Kingdom Data Protection and consumer legislation.

We confirm that any Personal Information which you provide to us is held in accordance with the registration we have with the Data Commissioner’s Office. We use your information only for the following purposes:

  • processing your orders
  • to serve website content and advertisements to you
  • to administer this website
  • if you consent, to notify you of products or special offers that may be of interest to you.

You agree that you do not object to us contacting you for any of the above purposes whether by telephone, email or in writing and you confirm that you do not and will not consider any of the above as a beach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.

When you register online you will be given the option to receive information from M A Smith Associates by post or email about products, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, ensure that you tick the appropriate box as you go through the registration process. You may unsubscribe from our contact list at any time by contacting us by either email or telephone on 01886 853610.

You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and/or User Information, we are entitled to do so.

Purchase of Products

Orders

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.

Contract creating and electronic contracting

The technical steps required to create the contract between you and us are as follows:

  • You place the order for your products on the website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the website.
  • We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from M A Smith Associates direct.
  • As your product is shipped from our warehouse we will send you a despatch confirmation email.
  • Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in 'Change or Cancel an Order'.

Non acceptance of an order may be a result of one of the following:

  • The product you ordered being unavailable from stock.
  • Our inability to obtain authorisation for your payment.
  • The identification of a pricing or product description error.
  • You not meeting the eligibility to order criteria set out in the main Terms and Conditions. 

Contract cancellation

If you wish to exercise your right to cancel this contract prior to order despatch please do so by either email or telephone 01886 853610.

Description of Products

Each product purchased is sold subject to its Product Description.

We take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the website as up to date as possible, the information including Product Descriptions appearing on this website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until you order is accepted in accordance with our Order acceptance policy.

General

You acknowledge and agree that all copyright, trademarks and other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us.

You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Compliance with laws

The website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website.

Limitation of Liability

While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable, in contract (including without limitation, negligence) pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

  • any economic losses
  • any loss of goodwill or reputation
  • any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions. 

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants or employees.

Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforcement of any of the remaining provisions of the Conditions.

Waiver

No waiver by us shall be construed as a waiver of any proceedings or succeeding breach of any provision.

Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Law

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

Disclaimer

Legal Notice

The information on this website has been provided by M A Smith Associates and is for information purposes only and should not be construed as the giving of advice or making of any recommendation and this website cannot be relied upon as the basis for any decision or action. All information is provided in good faith but WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, and any use of information or material contained on this website is at the users' sole risk.

M A Smith Associates does not warrant that access to the site will be available at all times, nor that this site or the server that makes it available are free of viruses or other harmful components.

Copyright and Trademarks

Except where stated, the contents of this website are the copyright of M A Smith Associates. All rights reserved.

Links

No links to this website should be included in any other website without our prior written permission.

Changes/Updates

M A Smith Associates reserve the right to change any part of this website, including this legal notice, at any time without notice. We shall not be obliged to keep this website updated.