TERMS AND CONDITIONS OF SALE
OF
PuertoPollensa.com
1 DEFINITIONS
1.1 "Advertiser" means the individual or organisation who
buys or agrees to buy the Services from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section
12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and
the Advertiser for the sale and purchase of Services incorporating
these Terms and Conditions;
1.4 "Services" means the advertising services that the Advertiser
agrees to buy from the Seller;
1.5 "Seller" means PuertoPollensa.com of 59 Gosbecks Road,
COLCHESTER CO2 9JS UK;
1.6 "Terms and Conditions" means the terms and conditions
of sale set out in this document and any special terms and conditions
agreed in writing by the Seller.
2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Advertiser’s
statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the
sale of Services by the Seller to the Advertiser and shall prevail
over any other documentation or communication from the Advertiser.
2.3 Acceptance of delivery of the Services shall be deemed conclusive
evidence of the Advertiser’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special
terms and conditions agreed between the parties) shall be inapplicable
unless agreed in writing by the Seller.
3 ORDERING
3.1 All orders for Services shall be deemed to be an offer by the
Advertiser to purchase Services pursuant to these Terms and Conditions
and are subject to acceptance by the Seller. The Seller may choose
not to accept an order for any reason.
3.3 When making an order through the Website, the technical steps
the Advertiser needs to take to complete the order process are described
in Advertising Guidelines.
4 PRICE AND PAYMENT
4.1 The Price of the Services shall be that stipulated on the Seller’s
Website. The Price is exclusive of VAT.
4.2 The total purchase price, including VAT, will be displayed on
the Advertiser’s Payment Page prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email
the details, description and price for the Services together with information
on the right to cancel if the Advertiser is a Consumer.
4.4 Payment of the Price plus VAT must be made in full before Publication
of the Advetisement.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to adjust the price and specification
of any item on the Website at its discretion.
5.2 The Seller reserves the right to withdraw any services from the
Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Services
from the Website or for refusing to process an order.
6 WARRANTY
The Seller warrants that the Services will at the time of dispatch
correspond to the description given by the Seller. Except where the
Advertiser is dealing as a Consumer, all other warranties, conditions,
or terms relating to fitness for purpose, merchantability or condition
of the Services, whether implied by Statute, common law or otherwise
are excluded, and the Advertiser is satisfied as to the suitability
of the Services for the Advertiser’s purpose.
7 PUBLICATION OF THE ADVERTISEMENT
7.1 Advertisements will normally be approved within 3 working days
of submission.
7.2 Advertisements will be published upon approval if payment has
already been received.
7.3 Advertisements which are paid for after approval will be published
within 2 working days of receipt of payment.
7.4 The Seller shall use its reasonable endeavours to meet any date
agreed for publication. In any event date of publication shall not
be of the essence and the Seller shall not be liable for any losses,
costs, damages or expenses incurred by the Advertiser or any third
party arising directly or indirectly out of any failure to meet any
estimated publication date.
8 CANCELLATION
8.1 If you are a consumer you have the right, in addition to your
other rights, to cancel the Contract and receive a refund by informing
the Seller within 7 working days of placing the order.
9 LIMITATION OF LIABILITY
9.1 Except as may be implied by law where the Advertiser is dealing
as a Consumer, in the event of any breach of these Terms and Conditions
by the Seller the remedies of the Advertiser shall be limited to damages
which shall in no circumstances exceed the Price of the Services and
the Seller shall under no circumstances be liable for any indirect,
incidental or consequential loss or damage whatever.
9.2 Nothing in these Terms and Conditions shall exclude or limit
the liability of the Seller for death or personal injury resulting
from the negligence of the Seller or that of the Seller’s agents
or employees.
10 WAIVER
No waiver by the Seller (whether express or implied) in enforcing
any of its rights under this contract shall prejudice its rights to
do so in the future.
11 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform
any of its obligations if the delay or failure results from events
or circumstances outside its reasonable control, including but not
limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown
of plant or machinery, and the Seller shall be entitled to a reasonable
extension of its obligations.
12 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid,
illegal or unenforceable for any reason by any court of competent jurisdiction
such provision shall be severed and the remainder of the provisions
hereof shall continue in full force and effect as if these Terms and
Conditions had been agreed with the invalid illegal or unenforceable
provision eliminated.
13 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions
at any time. but this right shall not affect the existing Terms and
Conditions accepted by the Advertiser upon making a purchase.
14 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in
accordance with the law of England and the parties hereby submit to
the exclusive jurisdiction of the English courts.
