Collecting Seashells - Terms of Use

COLLECTING SEASHELLS LIMITED
 
WEBSITE TERMS AND CONDITIONS

These terms and conditions regulate our agreement for your access and use of our website.  Any Business which wishes to do business with us is invited to contact us directly using an alternative means of communication as set out below.

1.1   Definitions of words in the following terms and conditions

1.1.1 “We/Us (our) ”  - means Collecting Seashells Limited English Registered Company No  12973082 whose registered office is at 89 Leigh Road, Eastleigh, Hampshire, SO50 9DQ;  our  trading address is Carnac Lodge, Cams Hall Estate, Fareham, PO16 8UJ; our email address is info@collectingseashells.com and our   telephone number is  07745527960
1.1.2 “Business” – means a business (whether or not through a corporate or unincorporated operator) of or which includes  (a) dealing in goods and which includes either exclusively or non-exclusively selling or buying any such goods by or incidental to wholesale or retail transactions; and or (b) providing services to any client of the Business whether business or consumer
1.1.3 “BtoB” means business to business
1.1.4 “Consumer” means a private individual who does not engage in a business the same as or ancillary to the Business
1.1.5 “Customer” means a Consumer individual who is a customer or a prospective customer of Collecting Seashells Limited for purposes other than that or another individual’s Business.
1.1.6 “Data” means all and any information recorded in hard copy or electronically relating to or generated as the result of your use of any of our products or services
1.1.7 “Database” means the proprietary database belonging to Us
1.1.8 “DPA” the Data Protection Act 2018 embodying entitlements of individuals conferred under the General Data Protection Regulation (GDPR) and or such other enactment or regulation replacing either of both of them hereafter
1.1.9 “Intellectual Property (‘IP’)” means all or any of the following: copyrights and rights in the nature of copyright; database rights; reproduction rights; trade marks trading styles and goodwill; patents unpatented inventions knowhow ideas and concepts not within the public domain; artists’ resale rights
1.1.10 “Online Shop” the electronic shopping forum which We operate from this Website
1.1.11 “Product” means Goods offered for sale by Us from our Online Shop accessible on this Website
1.1.12 “Service” means the operation of this Website and its accessibility to our Customers
1.1.13 “Ts and Cs” means our Terms and Conditions of Sale by which Product is offered for sale through this Website
1.1.14 “Trade Mark” means “COLLECTINGSEASHELLS ” alone, in upper or lower case, or in combination with any other words or images and whether or not registered used by Us in the course of our business.
1.1.15 “Website” means this website accessible at www.collectingseashells .com
1.1.16 “Website Ts & Cs” means the specific terms and conditions governing your access to and use of this Website
1.1.17 “Working Days” means days other than Saturdays, Sundays or statutory bank holidays in England and Wales.
1.1.18 “You (your) ” means a user of this Website

1.2 References to words in one gender includes all other genders, words in the singular form include the equivalent in the plural form.

1.3 To use our Website you must read understand and accept our Privacy Policy. You should from time to time review our Privacy Policy to note any changes.

1.4 If after having read our Privacy Policy You do not wish to accept our Privacy Policy you should forthwith leave our Website.

1.5 By using our Website you agree to be bound by our Website Ts & Cs. We reserve the right to modify the Website Ts & Cs by posting those changes on our Website. You should routinely check these terms and conditions as and when you wish to make a purchase from the Online Shop.  Your continued use of our Website and or our Service after notification of the changes will constitute your acceptance of those changes

2. The purchase and use of the Product accessible via this Website are currently limited to Consumers. The Ts and Cs posted on this Website are only to be used for Consumer purchases.  Business customers should contact Us directly and ask for our B2B terms.

3. Website Ts & Cs

3.1 Access and your information

3.1.1. You must only access this Website from a computer or terminal of which you are the owner or authorised by the owner to use.

3.1.2 If You disclose the name of an individual (including your own) attached to any material to be transmitted to Us You must consent and have the informed consent on behalf of any such individual to our processing that personal information in accordance with the DPA for the purposes set out in Clause 3.3 below

3.1.3 You acknowledge that we rely upon and You warrant that all of the information you are asked to provide to us during your use of our Online Store will be complete truthful and not misleading in any respect and that You are not using our Website on behalf of a Business

3.1.4 You undertake to notify Us promptly on each occasion you make a new purchase as our Customer about any change to the information you have provided to Us when using the Online Shop check out.

3.2 Accuracy of and use by You and Us of Information on this Website

3.2.1 We make all reasonable efforts (including the requirements of our Website Ts & Cs) to ensure but cannot guarantee that the information and data contained on our Website is accurate at or after the time of its posting and in the absence of any purchase by you from our Online Shop You shall treat any such information as is and subject to checking by You

3.2.2 You must be and You warrant to Us that You are over 18 years old before uploading (as permitted by Us) any material or content onto the Server and Website

3.2.3 You warrant that You are the owner or person entitled immediately to access and use the computer alternatively that You have the permission of the person who owns or is entitled to control such computer from which You are accessing this Website

3.2.4 You must not upload onto our server and Website any information data program or document whatever the format

(a) which is obscene defamatory fictitious intended to mislead or to deceive or the supply or uploading of which would constitute a crime; or
(b) which infringes the IP rights trademark rights or entitlement to confidentiality of any third party; or
(c) which being an image or recording would infringe the reproduction rights or rights of personality or image rights of any third party; or
(d) which interferes with interrupts or impairs the operation of our Website or causes damage to the Server or communications systems; or
(e) without our express prior written consent which constitutes advertising or promotional material
3.2.5 You must not upload sensitive personal information onto the Server and Website.
3.2.6 You warrant that any material which you communicate to us or upload to our Server and Website is both accurate and truthful having made all reasonable inquiries as to the same before communicating it to Us or uploading it.
3.2.7 By continuing to use this Website after clicking your acceptance of these Website Ts&Cs You grant us an unlimited non-exclusive licence to use reproduce adapt modify store and or incorporate in our Database any data which You upload onto our Website in connection with and ancillary to our Business subject always to your rights or the rights of any individual identified by You exercisable by that individual in relation to his personal information under the DPA. For further information please refer to our Privacy Policy [https://www.collectingseashells.com/policies/privacy-policy]

3.3 What we use data including personal information for

Please read our Privacy Policy. We may use data and personal information You upload via our Website or otherwise provide Us for the following purposes:

3.3.1 to help Us operate effectively the Website to enable the free flow of our Business in a lawful and effective manner
3.3.2 improving the Services and range of Products We offer through our Website
3.3.3 to notify You of any changes to this Website or our services which may affect You
3.3.4 to identify You and any accounts You hold with Us
3.3.5 administration and statistical analysis
3.3.6 customer and user profiling and analysing website use including but not limited to site and page visits and purchase trends
3.3.7 Fulfilling orders and operating billing processes
3.3.8 interfacing with an internet based electronic payment processor and or your electronic banking service
3.3.9 delivering confirmation or tracking of services to your or a third party’s address
3.3.10 credit scoring and credit checking
3.3.11 security vetting
3.3.12 Anti-money laundering measures and prevention or detection of fraud
3.3.13 informing and transferring data to third parties who may be interested in acquiring or who acquire our Business (or part of it) in the future.

 3.4 Integrity of our Website and electronic communications systems

3.4.1 We have retained independent IT systems suppliers to maintain the integrity of our Website and our electronic communications systems who use current commercial technological measures to discourage unauthorised access or uploading of harmful programs.
3.4.2 You acknowledge and agree to use our Website and the electronic communication service through which We contact each other on the express understanding that use of the internet is vulnerable to unauthorised access by hackers directly or indirectly by use of or the uploading of programs into our systems, and which by its nature it is impossible to ensure that our Website and electronic communication service are hack-proof, free from unauthorised access, or the introduction of harmful programs including malware, viruses or bugs.
3.4.3 We cannot accept the risk of dishonest/unauthorised access to our Website and or electronic communications between it and You in the absence of any negligent act or omission on our or our servants or agents’ part, You agree to accept that risk in the context of modern communication methods by engaging in electronic communications with Us to visit our Website and or to enable Us to deliver the Service. If You require a higher level of security for your electronic communications sent by and to Us, You accept responsibility for arranging such enhanced security. You must ensure that any encrypted materials sent to Us can be accessed by Us to enable our Online Shop to complete any purchase you wish to make.

3.4.4 IMPORTANT:

3.4.4.1 If any electronic communication apparently from us is not shown to come from @collectingseashells.com when the IP address or url. as the case may be is checked, You should not open it but check immediately with us by contacting us on +44 (0) 7745527960

3.4.4.2 You should not access any electronic payment pages on or from this Website other than ShopPay, Apple Pay, Google Pay and Paypal as We currently do not offer any other such facility.

4. Removal of content from and interruptions to or termination of access to our Website

    4.1 We reserve the right at any time in our discretion to remove or modify any content uploaded on this website, whether uploaded by Us, by You or by any third party

    4.2 We may at any time suspend operation of and your access to our Website for such period as is necessary for the purpose of maintaining it upgrading its content and or for removal of content or unauthorised programs from it.

    4.3 We reserve the right to revoke your registration if You breach any of the Website Ts & Cs

    5. Intellectual Property

    5.1 Copyright in all materials and content authorised by Us and contained in and published on this site is owned by Us or by third party owners who have licensed Us to reproduce such materials on our Website. Unauthorised copying of such materials is prohibited.

    5.2 We are the proprietor of the COLLECTING SEASHELLS™ trade mark and trading style the domain name collectingseashells.com and any and all goodwill therein. No unauthorised use of our trademark and trading style can be made by You or any person claiming through You without our express prior written consent

    5.3 The rights of the proprietors of all other IP Rights reproduced on our Website are expressly reserved and must not be reproduced without the prior express consent of the respective IP rights owners.

    5.4 You warrant that the material and content You upload onto or via this Website is either your own and You own the IP rights in such material and content, or that where such material or content which belongs to third party owners such owners have duly authorised You to upload their material and content onto our Website in accordance with these Website Ts & Cs and that you will indemnify and hold us harmless from any loss or damage we suffer from any breach of this warranty

     6. General

    6.1 Limitation of our liability: We do not accept any liability for any loss or damage of whatever kind You or any person claiming through You may suffer due to your access to and use of our Website in the absence of a lawful purchase from our Online Shop unless personal injury is caused by any negligent act or omission of our officers employees or agents or through any fraudulent representation for which We are responsible.

    6.2 Contacting us: If You have any query or wish to notify Us of any matter concerning your access to or otherwise concerning our Website or its contents please contact Us by email sent to info@collectingseashells.com 

    6.3 Applicable law and Jurisdiction: These Website Ts & Cs shall be interpreted in accordance with and your use of the Website is governed by English Law and all and any claims shall be dealt with exclusively in the English Courts.  Consumer Individuals shall not be hereby precluded from making any application to the Information Commissioner to enforce entitlements in respect of any matter arising under the DPA or GDPR.

    6.4 Collecting Seashells Ltd offers a loyalty programme to earn Seashell Points that can be redeemed against future purchases through our Online Shop that is managed by Shopify Inc and their partner Smile.io.

     

     

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