THE FOLLOWING BUYER’S TERMS AND CONDITIONS OF USE AGREEMENT (hereafter "Terms") governs your use of our website (hereafter "the website"). It is vitally important that you read the Terms carefully, as your use of the website will automatically constitute your agreement to be legally bound by the terms and conditions set out herein. These Terms also govern your use or purchase of the products/services provided through or in connection with the website (hereafter "the services"). Each time you use our services, you acknowledge that you have read these Terms and agree to be legally bound by them. If you do not agree to be bound by these Terms, you may not use the website or the services provided by Gigabuy Limited through the website.
This website is owned by Gigabuy Limited, a company registered in England and Wales (company number 9361773), whose registered office is at 122 Yorkshire Street, Rochdale, Greater Manchester, OL16 1LA.
The following words used in these Terms shall have the following meanings:
“Gigabuy” is the Trade Name of Gigabuy Limited
“Company” shall where the context so requires mean “Gigabuy” or “Gigabuy Limited”
“Personal Information” shall mean all data and/or information provided by and about the seller, including email addresses, name, postal address, credit card, or other payment information, etc.
"Website" shall mean all websites on which Gigabuy Limited provides products and/or services
"User" shall mean all users of the Gigabuy website and services
"Products and Services" shall mean all products and/or services provided directly by Gigabuy Limited
“Third Parties” include all advertisers, partners and affiliate vendors that are included on, or linked to, the Gigabuy website.
ORDERING GOODS AND SERVICES FROM US
Individuals/Consumers: These terms of sale apply to all goods and services supplied by Gigabuy Limited via http://www.gigabuy.co.uk. The website is governed by the following terms and conditions; they do not affect your statutory rights.
Business to Business Site Visitors: You are registered with us as a business customer and these are the Terms and Conditions of sale that apply to transactions between you and us. By purchasing any products (the "Product(s)") or services (the “Services”) and by using this Website you acknowledge that you have read and you agree to be bound by and comply with these Terms and Conditions.
Description and price of goods and services
We have taken care to describe and show items and services as accurately as possible. Despite this, slight variations in items and services may occur. We provide you with product and service information on http://www.gigabuy.co.uk. If there is anything which you do not understand, or if you wish to obtain further information, please contact our customer services team on 0161 667 6747.
Product images are for illustrative purposes only. Although we have made every effort to display colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images.
We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). We reserve the right to alter all product and service pricing without notice.
All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this website.
Placing an order
You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgment, detailing the products and services you have ordered.
The contract is subject to your right of cancellation (see below).
Any order placed by you for goods and services advertised on our website is an offer by you to purchase the goods and services selected in your order. No contract exists between you and us for the provision of services and sale of any goods until we have received your order and accepted it (which we may do at our discretion). Our acceptance of an order takes place when we activate a service or despatch the order or send you confirmation by email even if your payment has been processed immediately.
We may refuse at our discretion to accept an order:
(a) where we cannot obtain authorisation for your payment;
(b) if there has been a pricing or product description error; or
(c) if you do not meet any eligibility criteria set out in our terms and conditions.
(d) where goods ordered by you are not available;
(e) if we do not deliver to your area;
(f) services or information ordered by you are not available;
Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card as soon as possible, but in any event within 30 days of your order. We will not be obliged to pay any additional amount as compensation for disappointment.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase services and goods from our site. The importation or exportation of certain goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase. The use of our website may be prohibited by certain national laws. We make no representation and accept no liability in respect of the use of the services you purchase.
Payment can be made by any of the options advertised on our website. Payment shall be due before delivery, or commencement of service, unless we have agreed and setup a trade account. If payment fails your order will be cancelled. There will be no delivery until clear funds have been received.
Payment online: Our secure server software encrypts all your payment card details. The process scrambles all the information, allowing no unauthorised third party to intercept the data. Your browser will confirm that you are shopping in a secure environment by showing either a locked padlock icon or an image of a padlock next to the payment details in the relevant area of the website.
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.
By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998. During security checks we may ask for additional information or documentation to help support the data you supplied.
Please be aware that if you are using Paypal as your payment method we reserve the right to not ship to unconfirmed addresses.
We will deliver goods ordered by you as soon as possible to the address you give us for delivery, but in any event within seven days of your order. However we reserve the right not to make deliveries outside the United Kingdom.
Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing or by email, at our contact address or email address, of the problem within one working day of the delivery of the goods in question.
If you do not receive goods ordered by you within seven days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing or email, at our contact address or email address, of the problem within eight days from the date on which you ordered the goods.
Consumers: If you refuse the delivery of your order for reasons under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or you fail to take delivery because you have cancelled your contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, Gigabuy Limited will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. By exercising your right to cancel you are required to return the goods to Gigabuy Limited. If you fail to return the goods to Gigabuy Limited we reserve the right to deduct any costs incurred by retrieving the goods from you.
Business Purchases: If you fail to take delivery of the Products and without prejudice to any other rights and remedies available to us, we may:
(a) store the Products until actual delivery and charge you the reasonable costs (including, without limitation, insurance) of storage;
(b) sell the Products at the best readily obtainable price and either: (i) where you have not already paid for the Products, account to you (after deducting all reasonable storage and selling expenses) for any excess over the price you agreed to pay for the Products or charge you for any shortfall below the price you agreed to pay for the Products; OR (ii) where you have already paid for the Products, account to you (after deducting all reasonable storage and selling expenses) for any proceeds received.
If you agreed to the collect option, the goods will be available at the collection point when notified by email within seven days of your order.
Upon receipt of your order you will be asked to sign for the goods in good condition. If the package does not appear to be in good condition then please refuse the goods. If you are unable to check the contents at the point of collection then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
If the goods are not what you ordered or are damaged or defective or is of an incorrect quantity, we shall have no liability to you unless you notify us in writing or by email, at our contact address or email address, of the problem within one working day of collection of the goods in question.
If you fail to collect goods ordered by you within seven days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing or email, at our contact address or email address, of the problem within eight days from the date on which you ordered the goods.
Consumers: If you refuse to collect your order for reasons under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or you fail to collect because you have cancelled your contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, Gigabuy Limited will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
Business Purchases: If you fail to collect the Products and without prejudice to any other rights and remedies available to us, we may:
(a) store the Products until actual collection and charge you the reasonable costs (including, without limitation, insurance) of storage;
(b) sell the Products at the best readily obtainable price and either: (i) where you have not already paid for the Products, account to you (after deducting all reasonable storage and selling expenses) for any excess over the price you agreed to pay for the Products or charge you for any shortfall below the price you agreed to pay for the Products; OR (ii) where you have already paid for the Products, account to you (after deducting all reasonable storage and selling expenses) for any proceeds received.
Consumer right of return and refund
This clause only applies if you are a consumer.
If you are a consumer, you have a legal right to cancel a contract during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a product, you can notify us of your decision to cancel the contract and receive a refund. Advice about your legal right to cancel the contract is available from your local Citizens' Advice Bureau or Trading Standards office.
However, this cancellation right does not apply in the case of:
the provision of services, if the performance of the contract has begun with the consumer's consent before the end of the cancellation period and the supplier has provided the written confirmation and additional information (including information that the cancellation rights will end as soon as performance of the contract begins);
any made-to-measure or custom-made products or products made to your specification or clearly personalised;
newspapers, periodicals or magazines;
perishable goods, such as food, drink or fresh flowers;
software, DVDs or CDs which have a security seal which you have opened or unsealed.
Your legal right to cancel a contract ends 14 days after the day on which the goods come into your possession.
To cancel a contract, please contact us by sending an email to firstname.lastname@example.org or by sending a letter to 122 Yorkshire Street, Rochdale, Greater Manchester, OL16 1LA. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you sent us the email or posted the letter to us.
You will receive a full refund of the price you paid for the products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 14 days from the day after we receive the goods back or, if earlier, 14 days from the day we receive proof from you that you have sent the goods back.
We refund you on the credit card or debit card used by you to pay.
If the products were delivered to you:
you must return the products as soon as reasonably practicable;
you will be responsible for the cost of returning the products or, where relevant, the cost of us collecting the products from you.
you have a legal obligation to keep the products in your possession and to take reasonable care of the products while they are in your possession.
Details of your legal right to cancel and an explanation of how to exercise it are provided in the dispatch confirmation.
Goods dispatched to other countries outside of the EU may be liable to Import Duty, Tax or VAT. When ordering from us you are agree to pay any such Duties which may be imposed by your country's government.
If you refuse to pay any Import Duty/Tax/VAT imposed and thereby prevent delivery of your order you will remain liable for the purchase price of the product/s and any Import Duty/Tax/VAT or penalty imposed by your government.
Title for Consumers
Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.
The products once shipped are at your risk and you should cover this by insurance.
Title for Business Orders
The Products are at your risk from the time of delivery. Ownership of the Products shall not pass to you until we have received in full (in cash or cleared funds) all sums due to us in respect of: the Products; and all other sums which are or which become due to us from you on any account. We shall be entitled to recover payment for the Products even though ownership of any of the Products has not passed from us.
Until ownership of the Products has passed to you, you must:
(a) store the Products (at no cost to us) separately from all your other products and products of any third party in such a way that they remain readily identifiable as our property; and
(b) not destroy, deface or obscure any identifying mark or packaging on or relating to the Products; maintain the Products in satisfactory condition and keep them insured on our behalf for their full price against all risks
Your right to possession of the Products shall terminate immediately if:
(a) you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency or we have reason to believe that any of the above are likely to occur; or
(b) you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
(c) you encumber or in any way change any of the Products.
You grant to us, our agents and employees an irrevocable licence at any time to enter any premises where the Products are or may be stored in order to inspect them, or, where your right of possession has terminated, to recover them.
If you are eligible for a refund, we will refund you back to the payment method you used when you originally paid for your order. Please note: It is your responsibility to notify us of any changes to your card details i.e. you no longer have that account. Refunds can take up to 30 days to process.
Faulty Product, Damaged, or Dead on Arrival
Please note that any products returned to us which you claim to be defective will be checked and verified by technicians. Any returned products that are not found to be defective will be returned to you and we shall charge you for the returned transport costs via your original payment method or hold the product until full payment has been received by us for the return transport costs.
If a product is returned to us damaged, or in a condition that is different from the condition in which it was sent to you, the supplier has the option to authorise a partial refund only
If you notify a problem to us under this condition, our only obligation will be, at your option:
(a) to make good any shortage or non-delivery;
(b) to replace or repair any goods that are damaged or defective; or
(c) to refund to you the amount paid by you for the goods in question in whatever way we choose.
Save as precluded by law, we will not be liable to you for any loss of goodwill or reputation or any special indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question as above.
Limitation of Liability
Gigabuy Limited will not be liable to you for any loss or damage in circumstances where:
(a) There is no breach of a legal duty owed to you by the supplier or by its employees or agents;
(b) Such loss or damage is not a reasonably foreseeable result of any such breach;
(c) Any increase in loss or damage resulting from breach by you of any term of this contract.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
LINKS TO AND FROM OTHER WEBSITES
Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
On occasion, a product or service offered by advertisers on the Gigabuy website may not be available at the time or at the price listed. In such event, or in the event a product or service is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of availability, or error in pricing or product or service information received from our advertisers or other user, you agree that Gigabuy Limited is not responsible for such errors or discrepancies and that your only course of action is to contact the appropriate advertiser or other user.
SUCCESS OF YOUR BUSINESS OR EARNINGS
What you derive from use of Gigabuy Limited products/services/information depends upon your commitment to, and effort in, applying the information. Gigabuy Limited does not represent, warrant or guarantee that you will achieve any particular results in business as a result of purchasing and using Gigabuy Limited products/services/information. You acknowledge that the success of your business depends on your skills, effort and commitment.
PLEASE SEE OUR EARNINGS AND TESTIMONIAL DISCLAIMER ELSEWHERE ON THIS website.
SWEEPSTAKES, CONTESTS AND PROMOTIONS
Any sweepstakes, contest or similar promotion made available through Company websites or for which Company may, from time to time, send e-mail messages to you, will be governed by official rules that are separate from and may vary from these Terms. By participating in any such sweepstakes, contest or similar promotion, you will become subject to its specific official rules. Note, however, that you remain subject to these Terms to the extent they do not conflict with the applicable official rules.
Gigabuy Limited regularly sends out a newsletter and/or other informational emails (collectively referred to as "Newsletters") to all users. In these Newsletters, we may inform you about new services, features or products. You may choose to unsubscribe from the Newsletter at any time using the unsubscribe option at the bottom of our emails, or by writing to us at email@example.com or following the unsubscribe link contained in each of the emails.
LICENCE AND COPYRIGHT
The Gigabuy website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound and the entire content of the website is copyrighted as a collective work under UK and International copyright laws. Gigabuy Limited owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or these Terms, no copying, redistribution, re-transmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of Company and the copyright owner. Elements of the website are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.
You are permitted to print and download extracts from this website for your own private use on the following basis:
(a) no documents or related graphics on this website are modified in any way;
(b) no graphics on this website are used separately from accompanying text; and
(c)any of our copyright and trade mark notices and this permission notice appear in all copies.
In accordance with UK and International law, any notifications of claimed copyright infringement should be sent to us immediately. Such notification can be sent by email, to firstname.lastname@example.org or by letter to: Gigabuy Limited, 122 Yorkshire Street, Rochdale, Greater Manchester, OL16 1LA.
Copyright Infringement – Digital Millennium Copyright Act
If operating in America: The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are a copyright owner or an agent thereof and believe in good faith that materials hosted by Company infringe your copyright, you (or your agent) may send Company a notice requesting that the material be removed or access to it blocked by providing Company’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Any rights not expressly granted in these terms are reserved.
OBLIGATIONS OF USERS
Use of the website http://www.gigabuy.co.uk, as described below, is prohibited. These descriptions are guidelines and are not intended to be exhaustive or all-inclusive.
Illegal/Criminal Activity: The Gigabuy website may not be used in connection with criminal or civil violations of state, federal, or international laws, regulations, or other government rules or requirements. Such violations include theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information; and threats of physical harm or harassment.
Security Violations: The Gigabuy website may not be used in connection with attempts—whether successful or not—to violate the security of a network, service, or other system. Examples of prohibited activities include hacking, cracking into, monitoring, or using systems without authorisation; scanning ports; conducting denial of service attacks; and distributing viruses or other harmful software.
Basic Security: You are responsible for maintaining the basic security of your computer system and to prevent its use by others in a manner that violates these Terms. Examples include: improperly securing a mail server so others can use it to distribute spam; improperly securing an FTP server so that it may be used by others to illegally distribute licensed software or media content. You are responsible for taking corrective actions on vulnerable or exploited systems to prevent continued abuse.
Threats: The Gigabuy website may not be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel, and defamation.
Offensive Materials: The Gigabuy website may not be used for the distribution of offensive materials, including obscene, pornographic, indecent, and hateful materials. Further, users agree to adhere to the following requirements:
a. Comply with all laws, ordinances, statutes and applicable legislation and to respect all third-party rights. In particular, you shall not:
i. Provide, post or otherwise distribute content which is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third-party, is unreasonably harmful or offensive to any individual or community;
ii. Use or post any pornographic materials or any content that violates any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors;
iii. Unreasonably annoy (particularly with SPAM) any other user;
iv. Use or post, without authorisation, any content protected by law (e.g. copyright, trademark, patent, utility patent, design patent or other intellectual property (IP) laws), or advertise, promote, offer or distribute any goods or services protected by law;
v. Use, post or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, Ponzi schemes, illegal multi-level selling or pyramid sales).
b. You may not provide, post or otherwise distribute, user content that:
i. Contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs, videos or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature;
ii. Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law or moral standards;
iii. Violates or encourages the violation of any municipal, state, provincial, federal or international law, rule, regulation or ordinance;
iv. Interferes with any user’s uninterrupted use of Gigabuy website;
v. Advertises, promotes or offers to trade any goods or services;
vii. Uploads or transmits viruses or other harmful, disruptive or destructive files, material or code;
viii. Disrupts, interferes with, or otherwise harms or violates the security of Gigabuy website or any services, system resources, accounts, passwords, servers or networks connected to or accessible through Gigabuy website;
viii. "Flames" any individual or entity (e.g. sends repeated messages related to another user and/or makes derogatory or offensive comments about another user or individual), or repeats prior posting of the same message under multiple threads or subjects.
WARNING: ANY VIOLATION OF THESE POSTING RULES THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED BY COMPANY.
It is your responsibility to determine that your input into our site, including your choice of your user name, conforms to the above conditions. If you notice any content which breaches these conditions, please notify us by email to email@example.com.
SPAM : Spam is an unacceptable use of the Gigabuy website. Spam includes any of the following activities:
a. Posting a single message or messages similar in content, to more than five online forums or newsgroups and posting messages to online forums or newsgroups that violate their rules.
b. Collecting responses from unsolicited email.
c. Sending any unsolicited email that could be expected, in Company’s opinion, to provoke complaints.
d. Sending email with charity requests, petitions for signatures, or any chainmail-related materials.
e. Sending bulk email without identifying in the email a clear and easy means to be excluded from receiving additional email from the originator of the email. NOTE: The inclusion of an opt-out clause does not necessarily legitimise sending unsolicited email.
f. Sending email that does not accurately identify the sender, the sender's return address, and the email address of origin.
g. Using Company facilities to violate what could reasonably be considered a violation of another Internet Service Provider's (ISP) acceptable use policy and/or terms of service.
You are further prohibited from the following activities:
i. Employing any mechanisms, software or scripts when using the Gigabuy website. However, you may use the interfaces or software provided by Company within the scope of the services available on our website and in accordance with these Terms;
ii. Blocking, overwriting, modifying and copying of any contents of the Gigabuy website.
iii. Distributing or publicly disclosing the contents of the website or any of its terms, without written permission from Company, or
iv. Performing any actions that may impair the operability of the Gigabuy website infrastructure, particularly actions that may overload said infrastructure, servers, bandwidth or other equipment or software
Indirect Access: A violation of these Terms by someone having only indirect access to the Gigabuy website through a user, will be considered a violation, whether or not with your knowledge or consent.
In addition, these policies apply to any email or content transmitted by you, or on your behalf, that uses a Company account as a mailbox for responses or promotes content, hosted or transmitted, using Company facilities, or that indicates, in any way, that the Company was involved in the transmission of such email or content.
The resale of Company products and services is not permitted, unless expressly permitted by these Terms or in a separate written agreement.
Violations of these Terms may result in immediate suspension or termination of your account and our services to you, immediate temporary or permanent filtering, blocked access or other action appropriate to the violation, as determined by the Company, in its sole discretion.
When feasible, it is the Company’s preference to give notice so that violations may be addressed voluntarily, however, we reserve the right to act without notice, when necessary, as determined by the Company in its sole discretion. The Company may involve, and will cooperate with, law enforcement, if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. Refunds or credits are not issued in connection with actions taken for violations of these Terms.
Uses and Other Policies
A. When using our services, you warrant and represent that all of the data provided by you is accurate and complete. You shall report any modifications in the data to the Gigabuy website, immediately upon any changes occurring.
B. You shall not be allowed to have multiple accounts. You may only establish one user account. If Gigabuy Limited determines that you have established more than one account, further use of our website may be suspended or terminated, subject to the sole discretion of Gigabuy Limited.
C. You warrant and represent that you are of legal age (18 or older) to use our website, at their time of use, or that they are a legal entity, created by operation of law.
D. You may download or print a single copy of any portion of the content solely for personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such content.
Requests to use Gigabuy content for any purpose other than as permitted in these Terms shall be directed to Gigabuy Limited at: firstname.lastname@example.org.
Gigabuy Limited shall not be liable for user interactions with any third-parties, businesses and/or individuals found on Gigabuy website or through the services provided. This includes, but is not limited to, payment and delivery of services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such third-parties, businesses and/or individuals. You understand and agree that Gigabuy Limited is not responsible for any damage or loss incurred as a result of any such dealings. Gigabuy Limited is under no obligation to become involved in disputes between users of our website, or between users on our website and any third-party. In the event of a dispute, you agree to release Gigabuy Limited, its officers, employees, agents and successors in rights, from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.
USER FORUMS, CONTENT, AND PARTICIPATION
Gigabuy Limited recognises that any data provided by you to us is extremely important and we shall, therefore, be particularly sensitive in handling such data. You are advised that there are inherent security risks in transmitting data, such as emails, credit card or personal information, via the Internet, because it is impossible to safeguard completely against unauthorised access by third-parties. Nevertheless, Gigabuy Limited shall do what is reasonable to safeguard your data, subject to this cautionary limitation.
In particular, personal information will be transmitted via the Internet only if it does not infringe upon third-party rights, unless the respective party has given prior consent in view of such security risks. Accordingly, Gigabuy Limited shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission on our part.
Rights to Content Use
When you post content or contributions to the Gigabuy website, you grant Gigabuy Limited an unlimited, irrevocable, nonexclusive and assignable right of use for the respective content or contribution that Gigabuy Limited is entitled to utilise for any purpose allowed by these Terms. In particular, Gigabuy Limited is entitled to use said content or contribution posted by you for marketing or in any other way. Gigabuy Limited may use user content or contributions in any form, format, or medium of any kind now known or later developed.
Although you grant Gigabuy Limited a license, as stated above, WE DO NOT OWN USER CONTENT. This license grants us certain rights and also proscribes limitations of what we may do with the content, more fully described as follows:
(a) Gigabuy Limited may let other parties exercise these rights on the Gigabuy website, which permits the license to become sub-licensed;
(b) Gigabuy Limited may exercise these rights without paying you any remuneration, royalties or other fees, whatsoever;
(c) Gigabuy Limited may exercise these rights throughout the Gigabuy website(s), worldwide;
You may grant similar licenses to others;
Gigabuy Limited grants a right of use over all user -posted content or contributions to its website(s) to other users. Copying, downloading, disseminating, distributing and storing of the contents of the Gigabuy website is, with the exception of the cache memory when searching for Gigabuy web pages, prohibited, without Gigabuy Limited's express written consent.
All information, content, services and software displayed on, transmitted through or used in connection with the Gigabuy website, with the exception of user content as defined herein, including for example, news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like, as well as its selection and arrangement, is owned by Gigabuy Limited, except for those items that are copyrighted and/or owned by their respective businesses or individuals.
Without limiting the generality of the previous paragraphs, you authorise Gigabuy Limited to share user-posted content across all websites, to include your content in a searchable format accessible by other users of Gigabuy websites, now in use or later developed, to place advertisements in close proximity to such user content, and to use your name, likeness and any other information in connection with Gigabuy Limited's use of the material you provide.
Prohibited uses do not include any other use that Gigabuy Limited expressly authorises in writing.
Gigabuy Limited does not guarantee the accuracy, integrity or quality of the posted content on our website and you may not rely on any of this posted content. Without limitation, Gigabuy Limited is not responsible for postings by users in the user opinion, message board, and forum or feedback sections of our websites.
Unsolicited Idea Submission Policy
Gigabuy Limited and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send us any original creative artwork, samples, demos or other works. the sole purpose of this policy is to avoid potential misunderstanding or disputes when company’s products or marketing strategies might seem similar to ideas submitted to us by others. we ask that you do not send your unsolicited ideas to company or any individual at company. If, despite our request that you not send us your ideas and materials, you still send them, please understand that company makes no assurances that your ideas and materials will be treated as confidential or proprietary.
To register with http://www.gigabuy.co.uk you must be at least 18 years of age.
Each registration is for a single user only, whether or not acting on behalf of a company or other organisation. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
You must complete the registration process by providing Gigabuy Limited with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name.
Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
You are entirely responsible for maintaining the confidentiality of any password and account information. Furthermore, you are entirely responsible for any and all activities that occur under its account. You agree to notify Gigabuy Limited immediately of any unauthorised use of your account or any other breach of security. Gigabuy Limited will not be liable for any loss that may incur as a result of someone else using your password or account, either with or without their knowledge. However, you could be held liable for losses incurred by Gigabuy Limited or another party due to someone else using their account or password
We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
We may deny access to any user, at any time, and for any reason. In addition, Gigabuy Limited may, at any time, transfer rights and obligations under these Terms to any current or future Gigabuy Limited subsidiary or business unit, or any companies or divisions or any entity that acquires Gigabuy Limited or any of its assets.
While Gigabuy Limited uses reasonable efforts to include accurate and up-to-date information, Gigabuy Limited specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in any and all Gigabuy Limited websites, either now operating or created in the future. Gigabuy Limited disclaims any responsibility or liability for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. Gigabuy Limited disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Gigabuy website.
Gigabuy Limited does not make any warranties or representations regarding any data, service and/or information provided or made available by any user on any of Gigabuy Limited websites or on any external websites linked to them. In particular, Gigabuy Limited does not warrant or represent that said data, service and/or information is true or accurate, or that it fulfils or serves any particular purpose.
Without limiting the foregoing, under no circumstances shall Gigabuy Limited be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third-parties, or loss of or fluctuations in heat, light, or air conditioning.
COMPANY WEBSITES AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN GIGABUY LIMITED WEBSITES, ARE PROVIDED "AS IS," WITH NO WARRANTIES EXPRESSED OR IMPLIED. GIGABUY LIMITED EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. GIGABUY LIMITED DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF GIGABUY LIMITED WEBSITES. COMPANY DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH GIGABUY LIMITED WEBSITES. GIGABUY LIMITED DISCLAIMS ANY WARRANTIES FOR SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON GIGABUY LIMITED WEBSITES OR RECEIVED THROUGH ANY LINKS PROVIDED BY GIGABUY LIMITED WEBSITES AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY USER CONTRIBUTIONS PROVIDED TO GIGABUY LIMITED WEBSITES.
THE USER UNDERSTANDS AND AGREES THAT THEY DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF GIGABUY LIMITED WEBSITES AT THEIR OWN DISCRETION AND RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN ALL CASES. THE USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
GIGABUY LIMITED AND ITS WEBSITES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USERS, THIRD-PARTIES, ACTIONS OF ANY THIRD-PARTY OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, A USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY.
Gigabuy Limited may modify, suspend, discontinue or restrict the use of any portion of the Gigabuy website, including the availability of any portion of the content at any time, without notice or liability.
You acknowledge and agree that it is virtually impossible to achieve continuous, uninterrupted availability of the Gigabuy or any other, website. While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period. Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
Our liability (and that of our officers, directors, employees, shareholders or agents) of any kind (including our own negligence) with respect to our website or service for any one event or series of related events is limited to the total fees which you have paid to us in the 12 months before the event(s) complained of.
In no event (including our own negligence) will we be liable for any:
(a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
(b) loss of goodwill or reputation;
(c) special, indirect or consequential losses; or
(d) damage to or loss of data
(even if we have been advised of the possibility of such losses).
Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
You agree to indemnify, defend and hold harmless Gigabuy Limited, its website(s) and each of its respective advertisers, partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including legal fees and court costs) arising from or relating to any allegation regarding:
1. Your use of the Gigabuy website(s);
2. Gigabuy Limited‘s use of any your content or information, as long as such use is not inconsistent with these Terms;
3. Information or material provided through your IP address, even if not posted by you or
4. Any violation of these Terms by you.
GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts where the claim is brought by you. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.
We do not warrant that materials, services or information for sale on the website are appropriate or available for use outside the United Kingdom. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. You agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favourably, when possible, to the benefit of Gigabuy Limited.
Section Titles: The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
Incident Reporting: Any complaints regarding violations of these Terms by a user should be directed to customer services at email@example.com. Where possible, include details that would assist Gigabuy Limited in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).
Complaints Procedure: We are very proud of our high standards of customer service however, in the event that we fail in meeting these standards, please do not hesitate to contact us at 122 Yorkshire Street, Rochdale, OL16 1LA.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
No person other than the parties to these terms and conditions are intended to benefit from them pursuant to the Contracts (Rights of Third Parties) Act 1999.
These Terms represent the entire understanding between the user and Gigabuy Limited and supersedes any prior statements or representations. THE USER AGREES TO THE TERMS OF THIS ONLINE AGREEMENT, by using the website, it’s services, sign up, posting, downloading and uploading content, and understands that it is entering into a binding and legal agreement with Company.
You agree to file any claim regarding any aspect of this website or these Terms within six months of the time in which the events giving rise to such alleged claim began, or you agree to waive such claim. You also agree that no claim subject to these Terms may be brought as a class action or in any other jurisdiction than English courts.
These Terms and Conditions were last updated, and became effective, on 14/06/2015.
Contact Information : Our contact details are as follows:
Company Name: Gigabuy Limited
Company Address: 122 Yorkshire Street, Rochdale, OL16 1LA.
The Gigabuy website is a specialist site for independent retailers to sell their goods online. We have a wide range of products listed from independent UK businesses. Every time you make a purchase you are supporting an independent retailer.