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These are the terms and conditions ("the terms") governing
the use of this website ("the Website") which is wholly owned
by City Survive Limited ("City Survive"). These terms apply
to each user and/or visitor to the Website and are governed by English
law.
Copyrights, trademarks, service marks, and proprietary rights
The design of, as well as the and information contained in, the website
("Materials") are owned, licensed, or controlled by City Survive
or the party credited as the owner, licensor, or provider of such Materials.
The Materials on the website, including, but not limited to all menu
pages, content, text, graphics are protected by copyrights, trademarks,
service marks, design marks and/or other proprietary rights and laws
of England and Wales. The website is also protected as a collective
work or compilation under United Kingdom laws. The User agrees to comply
with all applicable copyright and other laws. The User may view, print
and download one copy of the contents for his personal non-commercial
use, provided, he maintains all copyright, trademark and other notices
contained on the Materials. The User may not otherwise copy, reproduce,
alter, store either in hard copy or in an electronic retrieval system,
license, transmit, display, teach, broadcast, create a derivative work
from, publish, rent, sublicense, distribute, or otherwise use in whole
or in part in any other manner the Materials without City Survive's
prior written consent. All rights reserved.© City Survive Limited
2004.
Conditions of sales
Care is taken to give reliable descriptions, but these are not guaranteed
and Purchasers are advised to check vital details. City Survive also
reserve the right to correct any errors.
Purchaser warrants that use or misuse of any goods/products/equipment
purchased from City Survive is his responsibility and hereby fully indemnifies
and holds harmless City Survive as these terms. In particular MISUSE
OF RESPIRATORY PROTECTION EQUIPMENT, MAY CAUSE SERIOUS INJURY OR DEATH.
Effective protection is dependent upon respirator selection for each
application and every wearer.
All quotations are subject to prior sale and change without notice.
Shipping dates are approximate only and may be subject to delays because
of acts beyond City Survive's control. All specifications are offered
merely as a guide and all terms are sold "as is - where is"
and there are no express or implied warranties, whether with respect
to fitness, merchantability or otherwise.
FOR SAFETY REASONS, CITY SURVIVE CANNOT ACCEPT ANY RETURNS WHERE THE
ORIGINAL SHIPMENT OR PACKAGING HAS BEEN PUNCTURED, DAMAGED, PARTIALLY
OR FULLY OPENED, SEALS BROKEN OR MALFORMED, OR THROUGH ANY INTERNAL
HANDLING OF THE GOODS/PRODUCTS/EQUIPMENT, WHETHER ACCIDENTALLY OR DELIBERATELY.
ANY REFUNDS WILL BE GIVEN AT THE SOLE DISCRETION OF CITY SURVIVE.
Under the Distance Selling Regulations the Purchaser has the right to
cancel his order for any goods/products/equipment purchased on City
Survive's website and claim a full refund.
To cancel his order the Purchaser must notify City Survive within seven
(7) working days following the day of delivery. Purchaser must return
the goods/products/equipment to City Survive as required by these Terms
but if the Purchaser does not or if Purchaser returns the goods/products/equipment
at City Survive's expense City Survive may charge Purchaser the reasonable
costs of returning a goods/products/equipment except in the case of
cancellation of substitute goods/products/equipment.
Should the Purchaser wish to exercise his rights under the Distance
Selling Regulations his order may only be cancelled in writing or by
e-mail. Telephone cancellations cannot be accepted.
The goods/products/equipment must be returned in an unopened, unused
and re-saleable condition as described in these terms. The Purchaser
is responsible for the cost of safe carriage back to City Survive. Purchaser
is strongly advised to arrange for adequate insurance to cover the goods/products/equipment
during its return journey.
The goods/products/equipment sold may not conform to safety codes and
such non-conformance does not engage the responsibility of City Survive.
The Purchaser agrees to save and hold harmless City Survive and its
suppliers from any and all liability connected with the goods/products/equipment
available on this website.
City Survive have selected goods/products/equipment on the basis that
they will be used for domestic use only. If the Purchaser is planning
to use them for business purposes he should ensure that he has appropriate
insurance. City Survive accepts no liability whatsoever.
Payment can be made by any method specified in City Survive's Payment
Options section. City Survive will take all reasonable precautions to
keep the details of Purchaser's order and payment secure, but, unless
City Survive are negligent, City Survive cannot be held liable for any
losses caused as a result of unauthorised access to information provided
by the Purchaser. Because we currently use the PayPal online payment
system we do not at any stage of the payment process, or at any time
afterwards have access to your credit card information.
City Survive makes every effort to deliver goods within the estimated
time scales advertised on the website, however delays are occasionally
inevitable and time for delivery will not be of the essence. City Survive
will endeavor to keep Purchaser informed of any delay to his expected
delivery date.
Representations
The User and/or the Purchaser represents, warrants and covenant that:
(a) he has the power, competence and authority to enter into this agreement
and to purchase the goods/products/equipment; (b) he is at least eighteen
(18) years old; (c) he shall not use any rights granted hereunder for
any unlawful purpose; and (d) he shall use the website and purchase
the goods/products/equipment only as set forth in the Terms.
Goods and services
All transactions constitute an offer made by the customer, where acceptance
by the City Survive is at the Company's will. Please refer to our Conditions
of Supply.
Payment
Most transactions can be facilitated on our website via our PayPal Business
Account. We also accept payment by cheque (payable to "City Survive")
as well as direct bank to bank transfer.
No Warranties
The use of this Website is at the visitors or user's own personal risk.
City Survive does not warrant the content, accuracy or veracity of any
material or other information on the Website nor does it warrant that
the Website is free from errors, faults, viruses or other computer or
data-corrupting or data-damaging material.
The Website contains links to other sites or addresses on the web. External
sites are not part of the Website and do not belong to the Company.
The Company does not approve or endorse other websites nor is it responsible
for their content.
Descriptions of, or references to, products, services or publications
within the Website do not constitute or imply their endorsement or recommendation
in any way by the Company, it's employees or contractors. No reference
in the Website to any specific product, process or service by trade
name, trademark, manufacturer, or otherwise, shall be used for advertising
or product endorsement purposes.
Exclusion of liability
To the maximum extent permitted by law the Company excludes liability
for any loss, claim, damages or any special, consequential, exemplary
or punitive damages (whether direct or indirectly incurred) of any kind
arising out of or in connection with any visitor's or user's access
to, or use of the Website, or any material thereon, whether based in
contract, tort or whether negligent or otherwise, even if the Company
has been advised of the possibility of such damage.
Indemnification
The User and/or Purchaser agrees, at his own expense, to indemnify,
defend and hold harmless City Survive, its officers, directors, members,
employees, affiliates, subsidiaries, agents, and assigns from any and
all claims, suits, actions, or other proceedings based on or arising
in connection with the website and/or any links on the website and/or
any goods/products/equipment available on this website, including, but
not limited to: (a) a violation of the Terms by him or any other person
using his computer (or account); (b) his use of the website; (c) the
purchase, use, or misuse of the goods/products/equipment available on
this website (d) a claim that any use of the website by him or any other
person using his computer (or account) infringes any intellectual property
rights of any third party, or any right of publicity or privacy, is
libelous or defamatory, or otherwise results in injury or damage to
any third party; (e) any deletions, additions, insertions or alterations
to, or any unauthorized use of, the website by him or any other person
using his computer (or account); (f) any misrepresentation or breach
of representation or warranty made by him contained herein; or (g) any
breach of any covenant or agreement to be performed by him hereunder.
City Survive's cooperation in such defense is made without waiver of
any attorney-client, work-product, or other legal privileges. The Users
agree to be responsible and liable for any and all costs, damages and
expenses, including, but not limited to, reasonable attorneys' fees
and costs awarded against or otherwise incurred by or in connection
with or arising from any such claim, suit, action or proceeding attributable
to any such claim.
Limited warranty
City Survive represents and warrants that it has the right and authority
to make the goods/products/equipment available pursuant to Terms and
Conditions.
EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, THE GOODS/PRODUCTS/EQUIPMENT
ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS
AND CITY SURVIVE AND EACH THIRD PARTY SUPPLIER OF GOODS/PRODUCTS/EQUIPMENT
EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of liability
A Covered Party (as defined below) shall not be liable for any loss,
injury, claim, liability, or damage of any kind resulting in any way
from (a) any errors in or omissions in the description and/or specifications
of the goods/products/equipment available or any other materials contained
in this website, (b) the unavailability of any goods/products/equipment,
(c) the use of the goods/products/equipment, (d) the use of any equipment
in connection with the goods/products/equipment, (e) the content of
this website, or (f) any delay or failure in performance beyond the
reasonable control of a Covered Party. "Covered Party"
means (a) City Survive, its affiliates, and any officer, director, employee,
subcontractor, agent, successor, or assign of City Survive or its affiliates;
and (b) each third party supplier of goods/products/equipment of City
Survive, their affiliates, and any officer, director, employee, subcontractor,
agent, successor, or assign of any third party supplier of goods/products/equipment
or any of their affiliates.
THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY
OTHER CLAIM ARISING OUT OF OR RELATING TO THIS WEBSITE AND/OR TO THE
GOODS/PRODUCTS/EQUIPMENT AVAILABLE ON THIS WEBSITE SHALL NOT EXCEED
THE PURCHASE PRICE OF THE PRODUCTS SOLD TO PUCHASERS. THE RIGHT OF THE
PURCHASERS TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL
OTHER REMEDIES WHICH THEY MAY HAVE AGAINST ANY COVERED PARTY.
THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING
IN CONNECTION WITH THIS WEBSITE AND/OR THE GOODS/PRODUCTS/EQUIPMENT
AVAILABLE ON THIS WEBSITE, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM
ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.
Dispute Policy
If you have any complaints regarding any services, which have been provided
to you by City Survive, you may submit details of your complaint in
writing to the following address: info@citysurvive.com.
Upon receipt of your complaint, you will receive an email acknowledgement
of receipt within 5 working days. This email will provide details of
any actions, which City Survive proposes to take in relation to
your complaint and the timescale for completion of these actions.
City Survive will treat any complaints in the strictest confidence.
Force Majeure
City Survive shall not be liable for any delay or failure in performance
of it's obligations under this Agreement which is due to or results
from any acts, events, omissions, happenings or non-happenings beyond
it's reasonable control including acts of God, strike, work stoppages,
governmental regulations, acts or directives, war, riot, fire, flood,
civil commotion, equipment or facilities shortages or delays which are
experienced by providers of internet services generally, or any circumstances
beyond it's reasonable control.
Governing law
Sales on this Website are governed by English Law and you agree to submit
any dispute to the nonexclusive jurisdiction of the English courts.
Privacy Policy
Our stance with regards to our customer's privacy is simple and straight
forward. We will never pass any information about any of our customers
to any other party. The only exception to this relates to enquires from
UK Government agencies whereby compliance is compulsory by English Law.
General
City Survive reserves the right to revise it's terms, conditions and
charges at any time and without prior notice.
These terms and conditions do not affect your statutory rights.
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