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Move Beyond Website Conditions of Use & Sale
Welcome to Move Beyond. Move Beyond and its affiliates provide access to the Move Beyond website (the “website”) and sell our products to you subject to the Terms And Conditions set out on this page and all applicable laws. please read them carefully before using the Move Beyond website. By accessing and browsing the Site, as a guest or by becoming a member, you signify your agreement and accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreement between you and Move Beyond with regard to the subject matter hereof are superseded and of no force or effect. In addition, when you use any current or future Move Beyond service (eg: Affiliates, Wishlist), you will also be subject to the guidelines and conditions applicable to that service.
Conditions Relating to Your Use of Move Beyond website and e-store
- Your Account If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as required by the type of data requested for submission and (b) maintain and promptly update the data to keep it true, accurate, current and complete or inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in step 4 of the ‘Checkout’ area of the shop and by clicking on the ‘Update Profile’ in the footer of our newsletters and mail-outs. PLEASE NOTE THAT THESE ARE SEPARATE DATABASES AND YOU WILL NEED TO UPDATE YOUR DETAILS ON EACH OF THEM.Move Beyond reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you
- Access to Move Beyond We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
- Licence for website access
Move Beyond grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Move Beyond. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Move Beyond and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilising Move Beyond’s or its affiliates’ names or trademarks without the express written consent of Move Beyond. Any unauthorised use terminates the permission or license granted by Move Beyond.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Move Beyond as long as the link does not portray Move Beyond, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Move Beyond logo or other proprietary graphic or trademark as part of the link without our express written consent.
- Your conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.You understand that you, and not Move Beyond, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.You must not use the website for any of the following:
- for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
- to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”
- to cause annoyance, inconvenience or needless anxiety
- Copyright and database rights All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Move Beyond, its affiliates or its content suppliers and is protected by United Kingdom and international copyright and database right laws. The compilation of all content on this website is the exclusive property of Move Beyond and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of Move Beyond, our affiliates or our software suppliers and is protected by United Kingdom and international copyright laws.You may not systematically extract and/or re-utilise parts of the contents of the website without Move Beyond’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Move Beyond’s express written consent. You also may not create and/or publish your own database that features substantial (eg our prices and product listings) parts of this website without Move Beyond’s express written consent.
- Copyright claims Move Beyond and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
- Trademarks MOVE BEYOND, ADVENTURE BEYOND, BEYOND FOOD & DRINK, THE MOVE BEYOND LOGO, ADVENTURE BEYOND LOGO AND other marks indicated on our website are trademarks or registered trademarks of Move Beyond, in the European Union and/or other jurisdictions. Move Beyond’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Move Beyond. Move Beyond’s trademarks and trade dress may not be used in connection with any product or service that is not Move Beyond’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Move Beyond. All other trademarks not owned by Move Beyond that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Move Beyond.
- Links Move Beyond has not reviewed all of the sites linked to this Site and is not responsible for the contents of any off-site pages or any other sites linked to the Site. Your following of any links to any other off-site pages or other sites is entirely at your own risk.
Conditions Relating to the Sale of Products/Services to You
This section deals with conditions relating to the sale of products by Move Beyond to you via the Move Beyond website.
- Our contract When you place an order to purchase a product/service from the Move Beyond website, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we’ve dispatched that product to you (the “Dispatch Confirmation E-mail”). That acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation E-mail to have been dispatched do not form part of that contract.
Please review our Returns Policy, which applies to products purchased from us. In addition to your 30-day returns guarantee, customers in the European Union are entitled to a statutory cooling-off period of seven business days. Details of this statutory right and an explanation of how to exercise it are detailed below.When you send an item back to us, we’ll process the returned item then notify you via e-mail of your refund. You can expect a refund in the same form of payment originally used for purchase within three weeks of our receiving your return.You should be aware that once we begin the delivery process you will not be able to cancel any contract you have with us for additional services carried out by us.
Event and Workshop Bookings
If you cancel your place on one of our events or workshops, the proportion of the fee that will be refunded is as follows:
- More than 21 days before the event – 100%
- 14-21 days prior to the event – 50%
- 8-14 days prior to the event – 25%
- 7 days or less – 0%
Items returned because they are damaged, defective or incorrect
If you are returning an item because of an error on our part or because it is damaged or defective, we will be happy to refund the delivery charges incurred in sending the item to you and we’ll reimburse your costs in returning it to us.
Items returned under the 30-day returns guarantee
Where you are withdrawing from your purchase between seven and 30 days after delivery, and there has been no error on our part, we will refund only the cost of the item. We will not refund the cost of, delivery or other services provided to you in connection with your purchase.
To return an item under the 30-day returns guarantee, please contact us giving the reason for the return as “30 day returns guarantee” and we will e-mail you with the relevant returns address. Please package the relevant item(s) securely and send it to the address provided with the delivery note so that it is received within 30 days of the day after the date that the item was delivered to you.
For your protection, we recommend that you use a recorded-delivery service if the value of the return is more than 50 GBP.
Items returned within the seven-day cooling off period
By law, customers in the European Union also have the right to withdraw from the purchase of an item within seven working days of the day after the date the item is delivered. This applies to all of our products except for digital items (eg: e-Books) where the item has been downloaded. We regret that we also cannot accept cancellations of contracts for the purchase of video, DVD, audio and software products where the item has been unsealed.
To cancel your purchase within the seven-working-day cooling-off period, please contact us giving the reason for the return as “contract cancellation” and we will e-mail you with the relevant returns address. Please package the relevant item(s) securely and send it to the address provided with the delivery note so that it is received within seven working days of the day after the date that the item was delivered to you.
For your protection, we recommend that you use a recorded-delivery service if the value of the return is more than 50 GBP.
We will not refund the cost of giftwrapping, delivery and other services provided to you in connection with your purchase unless you return the item to us because of an error on our part or because it is defective. Please note that you will also be responsible for the costs of returning the items to us unless we delivered the item to you in error, or if the item is damaged or defective. If we do not receive the item back from you, we may arrange for collection of the item from your residence at your cost.
For more information on your right to withdraw from your purchase within the seven working day cooling-off period, visit the Department of Trade and Industry’s website at: http://www.dti.gov.uk/ccp/topics1/guide/homeshop.htm#cooling
Other Statutory Rights
For more information about your other statutory rights, please visit the Department of Trade and Industry’s Consumer Gateway website at:
- Pricing and availability Availability: Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.Pricings: Despite our best efforts, a small number of the products in our catalogue are mispriced. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product’s correct price is lower than our stated price, we charge the lower amount and send you the product. If a product’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation. Note: we cannot confirm the price until you order.Delivery: We will endeavour to deliver in stock items within 5-7 working days (mainland UK only). For this, we need an address at which someone will be available to sign for your order between 8.30am and 5.30pm. We cannot be more specific with times.
- Customs When ordering goods from the Move Beyond website for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Move Beyond, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
Conditions Relating to Both Your Use of the Move Beyond website and Sales to You
- Children By submitting information, you are stating that you are at least 18 years of age or a minor with parental consent to use the Service, that you are eligible to use the Service, and that you agree to be bound by all of these Terms and conditions. Move Beyond does not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18, you may use Move Beyond website only with the involvement of a parent or guardian.
- Electronic communications When you visit the Move Beyond website or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- Losses Move Beyond cannot and will not be liable for any loss or damage arising from your failure to comply with these Terms & Conditions. Your use and browsing of the Site is at your risk. Neither Move Beyond nor any party involved in creating, producing, or delivering the Site, or any of the material or information contained in the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.While Move Beyond uses reasonable efforts to include accurate and up-to-date information on the Site, Move Beyond also assumes no responsibility for and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
Move Beyond will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed. Move Beyond does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty.
- Alteration of Service or Amendments to the Conditions We reserve the right to make changes to our website, policies, and these Terms and Conditions of Use & Sale at any time by updating this posting. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition. You should periodically visit this page to review the current Terms and Conditions to which you are bound.
- Events beyond our reasonable control We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
- Waiver If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
- Governing law and jurisdiction These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
- Our details This website is owned and operated by Move Beyond:
207 Regent Street
Tel: +44 (0)0333 200 2612
You can also contact us by visiting: www.movebeyond.net/contact