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Merchanfeeling Terms & Conditions

These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full.



If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.


If you register with our website or for any service on our website, or purchase any product or service through our website, or make any booking through our website, we will ask you to expressly agree to these terms and conditions.

 



These terms and conditions are divided into three parts:

 

  • Part A contains general terms and conditions, which apply across our website ;
  • Part B contains terms and conditions that are for the particular sub-sections of our website ;
  • Part C contains terms and conditions for advertisers.



PART A: GENERAL TERMS AND CONDITIONS


1. Interpretation

 

 

In these terms and conditions:

 

a) "we" means Merchanfeeling Ltd, a company registered in England & Wales (registration number 05386243) with its registered office at 2nd Floor Crown House, 37 High Street, East Grinstead, West Sussex RH19 3AF (and "us" and "our" should be construed accordingly) ;

 

b) "you" means, unless the context requires otherwise, both: (i) an individual user of our website; and (ii) where the website is being used on behalf of a company or organisation, or by an individual in the course of their work for a company or organisation, that company or organisation.

 

2. These terms and conditions

 

There are both English language and French language terms and conditions on our website.

 

If you have not given your express agreement to one of the versions of the terms and conditions, then the English language terms and conditions shall apply to the English language parts of the website, and the French language terms and conditions shall apply to the French language parts of the website.

 

In all other cases, the version of the terms and conditions to which you have expressly agreed shall govern your use of the website.

 

If you have expressly agreed to both versions of the terms and conditions and there is a conflict between the versions, the version to which you most recently agreed shall take precedence.

 

We will not file a copy of these terms and conditions specifically in relation to each user and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. For this reason, we recommend that you print and file a copy of these terms and conditions for future reference.

 

3. Age restrictions

 

You must be at least 16 years of age to register for any service, buy any product or make any booking through our website. By agreeing to these terms and conditions, you warrant and represent that you are at least 16 years of age.

 

4. Cookies

 

Our website uses cookies. By using our website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with our privacy and cookies policy.

 

5. Licence to use website

 

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

 

You may view pages on our website in a web browser, download those pages for caching purposes only and stream videos available on our website in a web browser, subject in each case to the restrictions set out below and elsewhere in these terms and conditions.

 

Unless you are granted an express right elsewhere in these terms and conditions, you must not:

 

a) republish material from this website (including republication on another website) ;

 

b) sell, rent or sub-license material from the website ;

 

c) show any material from the website in public ;

 

d) edit or otherwise modify any material on the website ;

 

e) redistribute material from the website.

 

6. Acceptable use

 

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

 

7. Restricted access

 

Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, in our sole discretion.

 

If you generate a password to enable you to access restricted areas of our website or other content or services, you must ensure that the password is kept confidential.

 

You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.

 

You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

 

You must not use any other person's user ID and password to access our website.

 

Subject to your express rights under these terms and conditions, we may disable your account on the website at any time in our sole discretion without notice or explanation.

 

8. User content


In these terms and conditions, "your content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, whether for publication on our website or for any other purpose. It also includes any testimonial or reference relating to our products and/or services that you supply to us.

 

 

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights.

 

You warrant and represent that your content will comply with these terms and conditions.

 

Your content must not be illegal or unlawful, must not infringe any third party's legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

 

Your content (and its publication on our website) must not:

 

a) be libellous or maliciously false ;

 

b) be obscene or indecent ;

 

c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right ;

 

d) infringe any right of confidence, right of privacy or right under data protection legislation ;

 

e) constitute negligent advice or contain any negligent statement ;

 

f) constitute an incitement to commit a crime ;

 

g) be in contempt of any court or in breach of any court order ;

 

h) be in breach of racial or religious hatred or discrimination legislation ;

 

i) be blasphemous ;

 

j) be in breach of official secrets legislation ;

 

k) be in breach of any contractual obligation owed to any person ;

 

l) depict violence in an explicit, graphic or gratuitous manner ;

 

m) be pornographic or sexually explicit ;

 

n) be untrue, false, inaccurate or misleading ;

 

o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage ;

 

p) constitute spam ;

 

q) be offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or inflammatory ;

 

r) cause annoyance, inconvenience or needless anxiety to any person.

 

Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

 

You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.

 

You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published on our website.

 

Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

 

9. Financial provisions

 

All charges, fees, prices and other amounts stated on the website are stated exclusive of VAT, unless the context provides otherwise. Where applicable, you must pay VAT to us in addition to the principal amount.

 

Payment must be made by any method detailed on the website from time to time in relation to the relevant product or service.

 

If we agree that you may make a payment under these terms and conditions in arrears and we invoice you for such a payment, you must pay our invoice in full in cleared funds within 14 days following the date of the invoice.

 

Prices advertised on the website are liable to change at any time, but changes will not affect contracts which have come into force, save in accordance with the express price variation provisions of these terms and conditions.

 

In respect of some of our products and services, we may agree to open a customer account for you, enabling you to pay in arrears. Accounts will be subject to such credit limits as we may notify to you from time to time. If you do not pay any amount properly due to us under or in connection with these terms of sale on time, we may:

 

a) charge you interest on the overdue amount at the rate of 8% per year above the UK base rate of HSBC Bank Plc from time to time (which interest will accrue daily until the date of actual payment, be compounded quarterly and be payable on demand) ;

 

b) claim interest and statutory compensation from you pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.

 

If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

 

If you submit an unjustified payment block or credit card, debit card or other charge-back, then you will be liable to pay us, within 7 days following the date of the charge-back: (i) an amount equal to the amount of the block or charge-back; (ii) all third party expenses incurred by us in relation to the block or charge-back (include charges made by our or your bank, payment processor or card issuer); (iii) an administration fee of GBP£ 50 (plus VAT); and (iv) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees).

 

For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement and make a block or charge-back as a result, this will be considered unjustified for the purposes of the preceding paragraph.

 

10. Website transactions

 

The advertising of products, services and events on our website constitutes an "invitation to treat". No contract will come into force between you and us in relation to the products, services or events unless and until we accept your order in accordance with the procedures detailed in the relevant section of Part B of these terms and conditions.

 

You agree that, where a contract is to be concluded through our website, we shall not necessarily provide to you the technical means to identify and correct input errors prior to the placing of the order, or any information about such technical means.

 

11. Limited warranties

 

We warrant to you that any services that you purchase under these terms and conditions will be provided with reasonable skill and care.

 

You warrant and represent to us that:

 

a) you are legally capable and have full authority, power and capacity to enter into any contracts that you purport to enter into under these terms and conditions ;

 

b) any information that you may provide to us under or in relation to these terms and conditions is true, accurate and complete ;

 

c) you will only enter into contracts for paid-for products or services under these terms and conditions in the course of a business, and not as a consumer.

 

You acknowledge that some of the information published on this website is submitted by users and that we do not usually review, approve or edit such information.

 

We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the material on the website is kept up to date.

 

Any typographical, clerical or other similar accidental error or omission made by us on the website shall be subject to correction without any liability on our part.

 

We do not commit to ensuring that the website remains available.

 

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law relating to satisfactory quality, fitness for purpose and/or use of reasonable care and skill).

 

12. Limitations and exclusions of liability

 

Nothing in these terms and conditions will: (i) limit or exclude our or your liability for death or personal injury resulting from negligence; (ii) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (iii) limit any of our or your liabilities in any way that is not permitted under applicable law; or (iv) exclude any of our or your liabilities that may not be excluded under applicable law.

 

The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (i) are subject to the preceding paragraph; and (ii) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

 

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

 

We will not be liable to you in respect of any business losses, including, without limitation, loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

 

We will not be liable to you in respect of any loss or corruption of any data, database or software.

 

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

 

You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

 

You agree to the publication of comments, reviews and/or feedback relating to you, made or given by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

 

13. Indemnity

 

You hereby indemnify us, and undertake to keep us indemnified, against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

 

14. Force majeure

 

In this Section 14, "force majeure event" means:

 

a) any event which is beyond our reasonable control ;

 

b) the unavailability of third party products or services ;

 

c) any power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars ;

 

d) any failure of the internet or a part of the internet or any third party computer system.

 

Subject to the first paragraph of Section 12, we will not be liable to you in respect of any losses arising out of any force majeure event.

 

Where a force majeure event gives rise to a failure or delay in our performing our obligations under these terms and conditions, those obligations will be suspended for the duration of the force majeure event.

 

15. Breaches of these terms and conditions

 

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

 

a) send you one or more formal warnings ;

 

b) temporarily suspend your access to the website ;

 

c) permanently prohibit you from accessing the website ;

 

d) block computers using your IP address from accessing the website ;

 

e) contact your internet services provider and request that they block your access to the website ;

 

f) bring court proceedings against you for breach of contract or otherwise ;

 

g) suspend and/or delete any account you may have with the website ;

 

h) delete and/or edit any or all of your user content.

 

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including, without limitation, creating and/or using a different account).

 

16. Discontinuing paid-for services

 

We reserve the right to discontinue, in our sole discretion, any service available or advertised on our website, at any time with or without notice.

 

If:

 

a) you have paid for an ongoing service ;

 

b) you have not breached any of these terms and conditions ;

 

c) we discontinue that service.

 

we will refund to you such portion of your payment as related to any period after the discontinuance of that service. We may calculate this amount using any reasonable methodology.

 

Save as provided in this Section, you will not be entitled to any refund upon the discontinuance of our services.

 

17. Linking policy

 

We welcome links to this website made in accordance with the terms of this linking policy.

 

Links pointing to this website should not be misleading. Appropriate link text should be always be used. You must not use our logo to link to this website (or otherwise) without our express written permission. You must not link to this website using any inline linking technique. You must not frame the content of this website or use any similar technology in relation to the content of this website.

 

Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

You agree that, should we request the deletion of a link to our website that is within your control, you will delete the link promptly.

 

If you would like us to remove a link to your website that is included on this website, please contact us using the contact details below. Note that unless you have a legal right to demand removal, such removal will be at our discretion.

 

18. Trade marks

 

MERCHANFEELING, ACTUFEELING, LABOFEELING and our logos are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

 

The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

 

19. Competitions

 

From time to time we may run competitions and/or other promotions on our website. These will be subject to separate terms and conditions (which we will make available to you as appropriate).

 

20. Variation

 

We may revise these terms and conditions from time to time.

 

If you have not previously given your express agreement to the terms and conditions, the revised terms and conditions will apply to the use of our website from the time of the publication of the revised terms and conditions on our website.

 

If you have given your express agreement to the terms and conditions, the revised terms and conditions will apply from the time that you give your express agreement to those revised terms and conditions.

 

21. Assignment

 

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

 

22. Severability

 

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted and the rest of the provision will continue in effect.

 

23. Exclusion of third party rights

 

These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.

 

24. Entire agreement

 

Subject to the first paragraph of Section 12, these terms and conditions, together with our privacy and cookies policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements in respect of your use of this website.

 

25. Law and jurisdiction

 

These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of England.

 

26. Our details

 

The full name of our company is Merchanfeeling Ltd.

 

We are registered in England & Wales under registration number 05386243.

 

Our registered address is Merchanfeeling Ltd, 2nd Floor Crown House, 37 High Street, East Grinstead, West Sussex RH19 3AF.

 

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