Michele Webber - Terms and Conditions

Please read on for details of TERMS AND CONDITIONS and PRIVACY STATEMENT. (For POSTAGE, PACKING AND RETURNS information please see the HOW TO BUY page, for copyright details please see the appropriate page.)

If you have any questions please feel free to email me.

Terms Of Acceptable Usage and Other Policy Statements. Last updated 29th October 2008.

TERMS & CONDITIONS

Michele Webber reserves the right to modify this Policy at any time. It will become effective upon posting the modified Policy to this URL. Any modifications to this Policy will be made when Michele Webber determines if it is appropriate and it is the responsibility of all users of Michele Webber’s website to ensure their awareness of any such changes.
Access to this site is subject to the terms and conditions of use outlined below. IN USING THIS SITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS

GENERAL
1. In these Conditions of Sale:
"Michele Webber" means Michele Webber "the Buyer" means the person, firm or company ordering or buying goods from Michele Webber.
"The Goods" means the goods or the subject matter of the relevant order or contract for sale.
2. No contract in respect of the Goods between Michele Webber and the Buyer shall exist until the Buyers order has been accepted by Michele Webber. In the event that the Buyer's order seeks to make the sale subject to terms different from these conditions, acceptance of the Buyers order by Michele Webber (whether or not such acceptance is accepted by formal order acknowledgement) shall be deemed to be a fresh offer by Michele Webber on the basis of these conditions. In which event (unless these conditions are accepted by the Buyer prior to delivery) acceptance of delivery of the Goods by the Buyer shall constitute acceptance of Michele Webber's offer and the Contract of Sale shall be formed at that moment. No conditions or terms stipulated in any other communication or document shall vary or annul any of those conditions except insofar as the same are expressly consented to in writing by Michele Webber.

RETENTION OF TITLE
3. Michele Webber and the Buyer expressly agree that until Michele Webber has been paid in full for the goods comprised in this or any other sales contract between them and all outstanding amounts due to Michele Webber from the Buyer or any associated or subsidiary or holding company of the Buyer or from any director or shareholder of the Buyer or any other such company:
(a) The goods shall remain the property of Michele Webber and the Buyers, as bailees of them for Michele Webber, will store the same for Michele Webber in a proper manner without charge and in such a way that the goods are clearly identified as being the property of Michele Webber, notwithstanding that the risk therein shall pass to the Buyer as provided herein.
(b) At any time Michele Webber may recover from the Buyer the goods remaining in the Buyers possession, and for the purposes thereof may enter upon any premises of or occupied by the Buyer or any third party (with the consent of that third party).
(c) The buyer has the right to dispose of the Goods in the course of its business for the account of Michele Webber and to pass good title to the goods to their customers being bona fide purchasers for value without notice of Michele Webber's rights.
(d) In the event of such disposition the Buyer or its Director(s) (if a Limited Company) has the fiduciary duty to account to Michele Webber for proceeds thereof but may retain therefore an excess of such proceeds over the amount outstanding to Michele Webber under this or any other sales contract between them and for all outstanding amounts due to Michele Webber from the Buyer or any associated or subsidiary or holding company of the Buyer or from any director or shareholder of the Buyer or any other such company.
8. Notwithstanding the preceding condition, all risk in respect of the Goods shall be assumed by the Buyer upon delivery of the same to him.

DEFECTIVE PRODUCTS
4. (a) Michele Webber's liability (both in contract and in tort) in respect of defects in the Goods shall be limited to the replacement of faulty items or material, or the issue of credit notes in respect thereof, or the granting of a refund or other such compensatory measures as Michele Webber at its discretion considers appropriate in the circumstances. Such measures shall relate only to the actual faulty items or their value, and Michele Webber shall not in any circumstances be under any liability to the Buyer in respect of indirect or consequential loss or damage, or loss of profits

FORCE MAJEURE
5. Michele Webber reserves the right to cancel, vary or suspend the operation of contract of sale if events occur which are in the nature of force majeure including (without prejudice to the generality of the foregoing) fire, floods, storm, plant breakdown, strikes, lockouts, riot, hostilities, non-availability of materials or supplies or any other event outside the control of Michele Webber; and Michele Webber shall not be held liable for any breach of contract resulting from such an event.

CANCELLATION
6. Michele Webber may withhold or cancel further or any deliveries under the contract of sale and may recover all losses resulting therefrom, if the Buyer:
(a) fails to make payment on the due date under any contract with Michele Webber, or
(b) enters into a composition with its creditors, or (being a company) has a receiver appointed or passes a resolution for winding up or if a Court shall order it to be wound up, or commits an available act of bankruptcy, or
(c) is in breach of any items and conditions contained herein (notwithstanding that on a former occasion or occasions it has waived its rights).
The exercise of rights under condition 15 shall be without prejudice to Michele Webber's other rights of remedies.
LAW

7. 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.


PRIVACY POLICY

Michele Webber respects the privacy of every individual who visits her website/s. We collect information from online visitors who visit, enter into transactions, ask to be on our newsletter/lists and/or receive periodic email announcements. Any information we collect will firstly be used to fulfill any service that you might request and secondly to improve how we serve you. We do this by making appropriate use of the information. Anyone can choose to be removed from our mailing list/s at any time.
In addition, online visitors who wish to purchase or obtain certain services, that we may provide from time to time through our Web site, must provide their name, email address, mailing address, phone number, and credit card number and expiration date. You agree that the information you supply during that registration will be accurate and complete and it is your responsibility to inform Michele Webber of any changes to that information (including in particular your e-mail address) by e-mail to the address given on this site, or in any communication that we may from time to time send, that makes a request or offers you the ability to update your registration information.
All credit card transactions occur over a secure connection. Michele Webber does not store credit card numbers.
Michele Webber strives to offer visitors the numerous advantages of Internet Technology and to provide an interactive and personalized experience. We may use Personally Identifiable Information (your name, e-mail address, street address, telephone number) subject to the terms of this privacy policy.
We will never sell, barter, or rent your email address to any third party. We may however from time to time, introduce to you the information, products, services or other materials of carefully selected third parties. All online visitor data collected by Michele Webber is protected against unauthorized access.

INFORMATION USAGE:
Understanding how we gather information from our visitors and users
How we collect and store information depends on the page you are visiting, the activities in which you chose to participate and the services provided. For example, you may be asked to provide information when you register for access to certain portions of our site(s) or request certain features, such as newsletters or when you make a purchase.
Like most Web sites, Michele Webber also collects information automatically and through the use of electronic tools that may be transparent to our visitors. For example, we may log the name of your Internet Service Provider or use cookie technology to recognize you and hold information from your visit.
Among other things, the cookie may store your user name and password, thus assisting you insofar that you would not have to re-enter that information each time you visit, or the cookie may control the number of times you are presented a particular advertisement while visiting our site. As Michele Webber adopts additional technology, we may also gather information through other means.
In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies, but if you do make the decision to block our cookies you may be unable to access certain portions of the site or may be asked to re-enter your user name and password, and we may not be able to customize the site’s features according to your preferences.
What we do with the information we collect
Like other online publishers and companies, we collect information to enhance your visit and deliver a more individual and personalized experience relating to content and advertising. By submitting your information via forms on our website(s) you are signifying your consent that Michele Webber may use the contact information you submitted to fulfill and deliver or answer your request for the information or services.
Aggregated Information (information that does not personally identify you) may be used in many ways. For example, we may combine information about your usage patterns with similar information obtained from other users to help enhance our site and services (e.g., to learn which pages are visited most or what features are most attractive). Aggregated Information may occasionally be shared with our advertisers and business partners.
We may use Personally Identifiable Information collected on our sites to communicate with you about your registration and customization preferences; our terms and conditions and privacy policy; services and products offered by us and other topics we think you might find of interest.
Personally Identifiable Information collected by us may also be used for other purposes, including but not limited to site administration, troubleshooting, processing of e-commerce transactions, and other communications with you. Certain third parties who provide technical support for the operation of our site (our Web hosting service for example and our programmers) may need to have access to such information.
We may also disclose your information in response to a court order, at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and/or to law enforcement authorities whenever we deem it appropriate or necessary. Please note we may not provide you with notice prior to disclosure in such cases.

AFFILIATED SITES, LINKS
We are not necessarily affiliated with sites that may be linked to this site and we are not responsible for their content. Sites to which we link are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of Michele Webber, do not imply the endorsement or approval of such websites, products, services or publications.
In specific:
We expect our partners, advertisers and affiliates to respect the privacy of our users, visitors, and customers. Be aware however, that third parties, including our partners, affiliates and other content providers which are accessible through our site, may have their own privacy and data collection policies and practices. We are not responsible for the actions or policies of third parties. We recommend that you should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.

MINORS
We do not knowingly collect personal information from children under the age of 13. If we learn that we have personal information on a child under the age of 13, we will delete that information from our systems.

CONFIDENTIALITY OF CODES, PASSWORDS AND INFORMATION
You agree that you will not under any circumstance:
- register under the name of, nor attempt to enter the service under the name of another person;
- adopt a user name that the Michele Webber in its sole discretion deems offensive;
- allow any other person to share your user name and password;
- share a single name and password with other users.
You are responsible for all use of the Site made by you or anyone else using your user name and password and for preventing their unauthorized use. If you believe there has been any breach of security such as the disclosure, theft or unauthorized use of your user name or password you must notify Michele Webber immediately by email to the address given on this site.
We may cancel any service for this website or any service hosted on it if you breach these terms and conditions.
To the extent you have in any manner violated or threatened to violate Michele Webber and/or his affiliates' intellectual property rights, Michele Webber and/or affiliates may seek injunctive or other appropriate relief through any appropriate judicial way.
If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.

TERMINATION

These Terms of Use are effective until terminated by either party. You may terminate this agreement at any time by deleting your account. This agreement will terminate immediately without notice at Michele Webber's sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you may be required to remove or destroy some or all of the materials obtained from this site and any or all of Michele Webber’s other sites and all copies thereof, whether made under the terms of this agreement or otherwise.