Terms and Conditions of Business

1. SELLER’S TERMS AND CONDITIONS PREVAIL AND ACCEPTANCE OF QUOTATIONS

In these terms and conditions (i) ‘the Seller’ means Chameleon collection (ii) ‘the Buyer’ means any person, firm, company or other entity accepting the Seller’s offer to purchase goods and (iii) ‘goods’ means any goods, materials or services that are offered for sale by the Seller. No conditions or stipulations (i) in, or attached to, the Buyer’s purchase order (or other form of order) or (ii) implied by trade, custom, practice or course of dealing, and which, in any such case, are inconsistent with the Seller’s terms and conditions of business, or which purport to add to them or to modify them in any way, will have any effect (and are hereby excluded) unless expressly accepted by the Seller in writing and in advance. In the absence of any acceptance by the Seller (in writing and in advance) of any such variation(s), the Buyer will be deemed (a) to have withdrawn or waived the said conditions or stipulations and (b) to contract solely on the Seller’s terms and conditions of business. Only a director of the Seller has the authority to vary any of the Seller’s terms and conditions of business, including those set out herein. Any quotation or estimate issued by the Seller is subject to correction for errors or adjustments and should not be considered or construed as an offer which is capable of acceptance by the Buyer. Each order constitutes an offer by the Buyer to purchase the specified goods from the Seller in accordance with these terms and conditions and a contract will not come into existence until the Seller has expressly accepted the Buyer’s order in writing (or in such other manner as the Seller determines). The Buyer must ensure that the terms of each order, and any related specification(s), are clear, complete and accurate. Our postal address is 8 High Street Alcester Warwickshire B49 5AD. Email sales@chameleoncollection.co.uk

2. AVAILABILITY, SUPPLY AND DELIVERY

Each order by the Buyer, and acceptance thereof by the Seller, constitutes a separate contract and, for the avoidance of doubt, the Seller is not obliged to accept any order received from any Buyer, or otherwise to conduct business with any prospective Buyer, at any time (whether or not the Seller has accepted orders from, or otherwise conducted business with, such Buyer in the past). Acceptance of the Buyer’s order is at the Seller’s sole discretion and is subject to the relevant goods being available and unsold. The Seller reserves the right to refuse, at any time, any order for goods (or any part thereof) to which these (or any other) terms and conditions apply on grounds of non-availability, or on any other grounds or basis, and the Seller shall incur no liability to the Buyer (or to any other party) in respect of any such refusal. Upon acceptance of an order by the Seller, the Buyer will be sent a receipt confirming the contract including details of the order. The Seller reserves the right to make delivery (where this forms part of the contract with the Buyer) by instalment unless specified to the contrary in the contract terms and expressly agreed to by the Seller in writing. Where instalment deliveries are made by the Seller, the Buyer shall accept, and make payment for, the relevant goods on a pro-rata basis. Each instalment shall constitute a separate contract and, as such, any delay in the delivery of, or any defect in, any such instalment will not entitle the Buyer to cancel any other instalment. Delivery periods, except where otherwise stipulated, are effective from the date of written acceptance by the Seller of the Buyer’s order, at the address of the Seller’s branch which handles the Buyer’s account. The Seller will use its reasonable endeavours to comply with any date(s), period(s) or schedule(s) quoted to the Buyer for the delivery of goods but no such date(s), period(s) or schedule(s) shall be of the essence or otherwise contractually binding on the Seller and the Buyer shall have no claim against the Seller in the event of the Seller’s failure or inability, for whatever reason, to perform its contractual obligations by any such date, within any such period or in accordance with any such schedule, unless specifically agreed to in writing (and in advance) by the Seller. Any delivery period(s) stated in any estimates/quotations issued by the Seller are those current at the date of those estimates/quotations and are subject to confirmation by the Seller at the time of acceptance of the Buyer’s order. Unless there is an agreed time or period for delivery, the goods shall be delivered not more than 30 calendar days after the day on which the contract is entered into. Delivery will be completed when the relevant goods arrive at the Buyer’s address specified for delivery in the contract or such other delivery location (e.g. the Buyer’s neighbour) as the Seller deems reasonable where delivery to the specified address is not possible, at which point risk in (but not the title to) the relevant goods will pass to the Buyer. If the Seller fails to deliver any goods, its liability is limited to any costs/expenses incurred by the Buyer in obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the goods. However, the Seller has no liability for any failure to deliver the goods to the extent that such failure is caused by a Force Majeure Event or by the Buyer's failure to provide adequate delivery instructions (or any other instructions that are relevant to the supply/delivery of the goods). Where any goods are sent to the Buyer by route involving transit by water, the Seller is not required to give any notice to the Buyer to enable the Buyer to insure those goods during such transit.

3. PRICE

The price charged for goods will be that price which is applicable on the date of dispatch, either as set out in the relevant order or (if no price is set out in the order) in the Seller’s current price list, and will be subject to the addition of Value Added Tax (‘V.A.T’) at the current rate in force together with any other Government (or other) duty, tax or levy that is applicable at the relevant time. All price lists issued by the Seller are subject to amendment (and correction for any errors) without prior notice to the Buyer. The Buyer is, therefore, advised to verify with the Seller that any list prices (and/or, as applicable, any estimated or quoted prices) are correct before placing a firm order with the Seller. All prices published, estimated, quoted or agreed by the Seller are dependent upon, and liable to variation in accordance with:
1. As applicable, any and all additional transit/transport, insurance and/or packaging costs.
2. The performance of any work or services not expressly covered by the Buyer’s order/contract specification but necessary for the due provision of the relevant goods.
3. Mistakes and/or omissions in the order and/or any contract specification(s) provided by the Buyer, or any change to any contract specification(s), the delivery date(s) or the quantity/type of goods.
4. Special expedition in the completion of any order/contract at the request of the Buyer.
5. Any other matters, of any kind, which are outside the control of the Seller (including, without limitation, any increase in taxes/duties and/or in labour, materials and/or other manufacturing costs).

4. PAYMENTS/SETTLEMENT

The payment/settlement terms offered by the Seller are pro forma on receipt of Invoice or as otherwise agreed at time of order. Payment methods are shown on Invoice.Time of payment is of the essence. Where payment is not made by the due date for payment, without limiting the Seller’s remedies, the Buyer must pay interest at the rate of four per cent (4%) per annum above Lloyds Bank Plc’s Base Rate (as varied from time to time) on the overdue amount. Such interest will accrue on a daily basis until the date of actual payment of the overdue amount, whether before or after judgment. The Buyer is required to pay the interest together with the overdue amount. The Buyer is required to pay all amounts due to the Seller in full without any deduction or withholding (except as may be required by law) and the Buyer is not be entitled to assert any credit, set-off or counterclaim against the Seller in order to justify withholding payment of any such amount (in whole or in part). The Seller may, at any time and without limiting any other rights or remedies it may have, set off any amount owing to it by the Buyer against any amount that is payable by the Seller to the Buyer. If the Buyer fails to pay to the Seller, on the due date for payment, any sum that is due to the Seller, or if the Seller considers on reasonable grounds that the Buyer will (or may) be unable to pay, or will (or may) be prevented from paying, for goods that have already been delivered by the Seller, the Seller may, at its option and by written notice to the Buyer (i) suspend/postpone any further deliveries (ii) require payment in advance for all or any further deliveries or (iii) terminate the relevant order/contract with the Buyer, in each or any such case, without prejudice to the Seller’s rights in respect of any goods that have already been delivered to the Buyer. In the case of any suspension or postponement of the delivery of any goods, for any of the foregoing reasons (or any other reason), the Buyer will be liable for any increased costs (e.g. additional storage, insurance and/or transit costs) which are incurred by the Seller as a result of any such suspension or postponement. The rights of the Seller set out above are without prejudice to any other rights, of either the Seller or the Buyer, to repudiate any contract(s) made between them.

5. FRUSTRATION/FORCE MAJEURE

In these terms and conditions, a ‘Force Majeure Event’ means any act of God including (but not limited to) any fire, flood, earthquake, windstorm or other natural disaster; act of any sovereign or government including (but not limited to) any war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, nationalization, requisition, destruction or damage to property by or under the order of any government or public or local authority or imposition of any government sanction, embargo or similar action; law, judgement, order, decree, blockade, labour dispute including (but not limited to) any strike, lockout or boycott; interruption or failure of utility service including (but not limited to) electric power, gas, water or telephone service; failure of any transportation or any personnel equipment or machinery, the shortage of any product(s) or material(s) required by the Seller for completion of the relevant order/contract and/or (without prejudice to the generality of the foregoing) any other event or circumstance that is beyond the reasonable control of the party in question. Neither the Seller nor the Buyer will be liable to the other for any delay in performing, or for any failure to perform, any of its obligations under these terms and conditions that is caused by any Force Majeure Event. The party claiming that the Force Majeure Event has affected the performance of its obligations will promptly notify the other party in writing of the reasons for the delay or stoppage (and the likely duration thereof) and will take all reasonable steps to overcome the delay or stoppage, to bring the Force Majeure Event to a close or otherwise to find a solution by which the relevant order/contract may be performed despite the Force Majeure Event affecting the party in question. If the party affected by the Force Majeure Event has complied with the foregoing provisions of this paragraph 7, the performance of its obligations under these terms and conditions will be suspended for the period that the Force Majeure Event continues and such party will have an extension of time for performance which is reasonable in all the circumstances. As regards any such delay or stoppage (i) any costs arising from the delay or stoppage will be borne by the party incurring those costs and (ii) either party may, if the delay or stoppage continues for more than thirty (30) continuous days, terminate the relevant order/contract with immediate effect, on giving written notice to the other party and, in any such case, neither the Buyer nor the Seller will be liable to the other for (or in connection with) any such termination.

6. QUALITY AND FITNESS FOR PURPOSE

Quality: all goods supplied by the Seller are warranted (i) to be free from material defects in design, material and workmanship and (ii) to accord, in all material respects, with the Buyer’s contract specification or, if there is no such specification, to be within the normal limits of manufactured quality. All other warranties (including, without limitation, those implied by statute or common law) are, to the fullest extent permitted by law, hereby excluded from any contract between the Buyer and the Seller. Except so far as may be expressly guaranteed in the written terms of the contract between the Seller and the Buyer, or where such exclusion is prevented by law, the Seller makes no representation and gives no warranty (excepting that the Seller’s adhesives, under normal circumstances, will give good adhesion and prove suitable for use with the Seller’s wall coverings providing the Seller’s hanging instructions are followed explicitly) that any goods offered or contracted for sale by the Seller will be suitable for, or capable of, use in combination or conjunction with any other goods supplied by the Seller or anyone else. The Seller manufactures hand-made wallpapers and fabrics. The use of paper, cotton, linen, silk or any other natural, fibre, paint or dye in the production process may lead to slight variations in colour, texture or finish in the goods. Whilst every reasonable effort is made by the Seller to ensure that all goods are of satisfactory quality and match the contract specification (if applicable), it is not always possible to ensure strict compliance with a contract specification and the Seller cannot (and does not) accept responsibility for any minor defects in any goods supplied under these terms and conditions. Purpose: any illustrations and/or descriptions of goods given in the Seller’s advertisements and/or printed literature and/or website, and any samples supplied or sold to the Buyer by the Seller, are provided for information purposes only and form no part of the terms of any contract between the Buyer and the Seller. Any recommendation or suggestion relating to the use of any goods which is made by the Seller, either in its technical literature or in response to any specific enquiry (or otherwise), is given by the Seller in good faith but it is for the Buyer to satisfy itself of the suitability of the goods for its own purpose (save that nothing in these terms and conditions shall restrict the Seller’s liability for any fraudulent misrepresentation). Accordingly, the Seller gives no warranty as to the satisfactory quality of any goods or the fitness of any goods for any particular purpose and any implied warranty or condition in relation to any goods (statutory or otherwise) is hereby excluded except in so far as such exclusion is prevented by law. The Buyer acknowledges that it has not relied on any statement, warranty, promise or other representation made or given by (or on behalf of) the Seller which is not set out in these terms and conditions. Weights/dimensions etc: weights, dimensions and descriptions of goods given by the Seller to the Buyer for any purpose are stated in good faith but are (in all cases) approximate only and will not form part of any contract with the Buyer nor bind the Seller in any way. Any tests which, under the express terms of the contract between the Seller and the Buyer, are to be made on site (i.e. at the Seller’s premises) will be conducted at the Buyer’s sole expense, unless otherwise agreed in writing (and in advance) by the Seller. The Seller expressly reserves the right to withdraw, or amend, the specification of any goods (including, without limitation, any pattern relating thereto) to which these terms and conditions apply, without further notice to the Buyer. LIMITATION OF LIABILITY: IN ANY EVENT (I) THE SELLER’S LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE) FOR THE QUALITY OR FITNESS FOR PURPOSE OF ANY GOODS THAT ARE SUPPLIED UNDER THESE TERMS AND CONDITIONS OR ON ANY OTHER BASIS, WILL NOT EXTEND TO THE BUYER’S LOSS OF PROFIT, INCREASED COST OF WORKING/LABOUR OR ANY OTHER INDIRECT, CONSEQUENTIAL OR FINANCIAL LOSSES OR DAMAGES WHICH MAY BE INCURRED BY THE BUYER (II) THE SELLER'S MAXIMUM LIABILITY TO THE BUYER IN RESPECT OF ALL LOSSES ARISING UNDER, OR IN CONNECTION WITH, THE SUPPLY OF ANY GOODS TO THE BUYER (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE) WILL NOT EXCEED THE PRICE OF THE GOODS IN QUESTION AND (III) NOTHING IN THESE TERMS AND CONDITIONS LIMITS OR EXCLUDES THE SELLER’S LIABILITY FOR ANY MATTER IN RESPECT OF WHICH IT WOULD BE UNLAWFUL FOR THE SELLER TO LIMIT OR EXCLUDE ITS LIABILITY.

9. OWNERSHIP OF GOODS/BUYER’S INSOLVENCY

The legal and equitable title to any goods supplied under any contract between the Buyer and the Seller will not pass to the Buyer until the price for the goods supplied under that contract (and any other sum due from the Buyer to the Seller under that, or any other, contract) has been paid in full (and in cleared funds) and, until such payment has been made, the Buyer will hold the goods in a strictly fiduciary capacity as bailee for the Seller. Where the goods supplied by the Seller are resold by the Buyer and, at the time of such resale, the legal and equitable title to such goods has not passed from the Seller to the Buyer, the monetary proceeds of any such resale (or, if applicable, any other assets into which such monetary proceeds have been converted by the Buyer) will be held by the Buyer in a strictly fiduciary capacity on trust for the Seller, and the Buyer will account to the Seller for the same to the extent necessary to pay the Seller in full for the goods supplied (and to pay any other sums that are due to the Seller under any other contract). Until such time as the legal and equitable title to those goods supplied by the Seller has passed to the Buyer, or until the resale of those goods, whichever happens first, the Buyer will (i) store the goods separately or otherwise so that they are clearly identifiable as being the Seller’s property (ii) not remove, deface or obscure any identifying mark or packaging on, or relating to, the goods (iii) maintain the goods in a satisfactory condition and keep them insured against all risks, for their full price, from the date of delivery and (iv) give the Seller such information relating to the goods as the Seller may reasonably require from time to time. If the Buyer (i) is, or becomes, insolvent, bankrupt or subject to any insolvency or bankruptcy (or any equivalent) proceedings in any jurisdiction (ii) commences negotiations with all, or any class, of its creditors with a view to rescheduling any of its debts (or otherwise makes a proposal for, or enters into any compromise or arrangement with, any of its creditors) (iii) is the subject of (or any, or all, of its assets are the subject of) any distress, execution, sequestration or other such legal process, or any application or order relating to the appointment of any administrator, receiver or administrative receiver, or any equivalent or similar event, in any jurisdiction (iv) suspends, threatens to suspend, ceases or threatens to cease to carry on its business (or any part thereof) or is in such a financial position that, in the reasonable opinion of the Seller, the ability of the Buyer to fulfil its obligations under these terms and conditions is in doubt or (v) being an individual, dies or is unable to manage his or her own affairs (for whatever reason), or the Seller reasonably believes that any of the foregoing events is likely to happen and notifies the Buyer accordingly, then, without limiting any other right or remedy available to the Seller, it may cancel or suspend all further deliveries of goods to the Buyer, without incurring any liability to the Buyer and, at the Seller’s option, either (a) all outstanding sums due for goods already delivered to the Buyer will become immediately payable by the Buyer or (b) provided the goods have not been resold, or irrevocably incorporated into another product, the Seller may terminate each contract with the Buyer and require the Buyer to deliver up any and all goods in which title has not passed to the Buyer (and, if the Buyer fails to do so promptly, the Seller may enter any premises of the Buyer, or any third party, where such goods are stored in order to recover them).

10. LOST/DAMAGED/UNDELIVERED GOODS AND RETURN OF GOODS

In respect of any loss of goods from a package or from an unpacked consignment, or as a result of any damage to any part of a consignment, whilst in transit, the Buyer is required to (i) advise the carrier and the Seller in writing (otherwise than by writing on the carrier’s consignment note or delivery document), within seven (7) days of the date of delivery of the consignment or part consignment, and (ii) submit a valued and substantiated claim to the Seller in writing within fourteen (14) days after the commencement of transit. In the computation of the time periods for the foregoing provisions of this paragraph 10, weekends and public holidays are not included. The Buyer will be deemed to have accepted the goods on the expiry of seven (7) days from the date of delivery of the goods to the Buyer except where the Buyer has previously advised the carrier and the Seller otherwise (under this paragraph 10) or where a Force Majeure Event has prevented the Buyer from contacting the Seller within such seven (7) day period. If the Buyer notifies the Seller in writing, within the seven (7) day period referred to above, that any of the goods do not comply with the Seller’s warranty in paragraph 8 above, and the Seller is given a reasonable opportunity of examining the relevant goods (and the Buyer, if asked to do so, returns such goods to the Seller’s place of business), the Seller will, at its option, either repair or replace any defective goods or refund the price of any defective goods in full. These terms and conditions will apply to any repaired or replacement goods supplied by the Seller. In any event, no goods may be returned by the Buyer unless authorised by the Seller’s sales office, who will raise appropriate collection documentation. In any event, goods may only be returned under the following conditions: 1. The Advice Note number must be quoted by the Buyer.
2. The goods must be packed by (or on behalf of) the Buyer in such a way as to arrive back at the Seller’s premises in the same condition as they were originally delivered to the Buyer.
However, the Seller will not be liable to the Buyer for any failure of any goods to comply with the Seller’s warranty in paragraph 8 above if (i) the Buyer makes any further use of such goods after giving written notice to the Seller in accordance with this paragraph 10 and/or alters or repairs such goods (or seeks to do so) without the prior written consent of the Seller (ii) the defect arises because the Buyer failed to follow the Seller's oral or written instructions as to the storage, hanging, use and/or maintenance of the goods or (if there are none) good trade practice (iii) the defect arises as a result of the Seller following any drawing, design or specification supplied by the Buyer or (iv) the defect arises as a result of fair wear and tear, wilful damage, negligence or abnormal storage and/or working conditions. Except as provided in this paragraph 10, the Seller has no liability to the Buyer in respect of the failure of any goods to comply with the Seller’s warranty set out in paragraph 8 above.

11. SUBSEQUENT PROCESSES

No liability can or will be accepted by the Seller, in any event, for any goods which have been subjected to any further process, treatment or manufacture, or which have otherwise been modified by (or on behalf of) the Buyer, after they have been delivered to the Buyer. The Seller will not be bound, in any way, by any settlement or other agreement between the Buyer and any subsequent owner of the goods, unless the Seller has previously agreed in writing to be a party to such a settlement or other agreement.

12. INTELLECTUAL PROPERTY AND CONFIDENTIALITY

In these terms and conditions, the ‘Intellectual Property’ includes (without limitation) any patent, trade mark, service mark, copyright, design right, moral right, know-how or any other form of intellectual property, whether registered or unregistered and whether existing now or in the future, in any format or media whatsoever, in (or arising in respect of or in connection with) all goods, specifications, designs or other written, printed or graphic materials or images supplied, or made available for inspection, by the Seller to the Buyer. All of the Intellectual Property is, and will remain, the absolute and unencumbered property of the Seller wholly and exclusively. The Buyer is prohibited from using any of the Seller’s Intellectual Property, unless a written licence agreement is entered into between the Seller and the Buyer. The Seller and the Buyer agree that they will each, at all times, keep strictly private and confidential any and all confidential information that they acquire from each other as a consequence of contracting with each other under these terms and conditions, except for disclosing any such information (i) which they may be (and then only to the extent they are) entitled or bound to disclose under compulsion of law or where requested by any regulatory agency or (ii) to their professional advisers where reasonably necessary for the performance of their professional services.

13. ASSIGNABILITY/THIRD PARTY RIGHTS/WAIVER/SEVERANCE

This contract is made between the Seller and the Buyer as principals and is not assignable by the Buyer without the express and prior written consent of the Seller. A person who is not a party to the contract between the Buyer and the Seller will not have any rights under or in connection with it. Any waiver of any right or remedy under these terms and conditions is only effective if given in writing and will not be deemed to be a waiver of any subsequent breach or default. No failure to exercise, or delay in exercising, any right or remedy provided hereunder (or by law) constitutes a waiver of, nor precludes or restricts the further exercise of, that (or any other) right or remedy. No single or partial exercise of such right or remedy will preclude or restrict the further exercise of that (or any other) right or remedy. If any court or competent authority finds that any provision of these terms and conditions (or part of any such provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions hereof will not be affected. If any invalid, unenforceable or illegal provision of these terms and conditions would be valid, enforceable and legal if some part of it were deleted, the provision will apply with the minimum amount of modification necessary to make it legal, valid and enforceable.

14. CANCELLATION

Chameleon Wallpapers and Fabrics are Bespoke ie printed specially to your order and as such cannot be returned for credit or refund

15. ARBITRATION AND GOVERNING LAW

The headings used in these terms and conditions are used for reference purposes only and will not affect the construction, or interpretation, of these terms and conditions. If, at any time, any question, dispute or difference arises between the Buyer and the Seller out of, or in relation to or in connection with, these terms and conditions and/or any contract between the Buyer and the Seller, whether during or after completion of the relevant contract, either party may give to the other written notice of the existence of such question, dispute or difference, and such matter shall then be referred to arbitration, by a single arbitrator appointed jointly by the parties (or, at the request of either party, by the London Court of International Arbitration (or any replacement or equivalent body)) for final resolution. Any such arbitration will take place in England and will be conducted in the English language. No payment due by the Buyer to the Seller shall be withheld by the Buyer on account of such pending arbitration. These terms and conditions shall be governed by, and construed in accordance with, the laws of England and Wales and (subject to the foregoing provisions of this paragraph 15) each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales in connection with any claim or dispute arising out of, or in connection with, these terms and conditions and/or any other contract between the parties. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Our liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your vists to our site
We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Transactions concluded through our site
Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our terms and conditions of business.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on our site other than that set out above, please address your request andymills@chameleoncollection.co.uk.
Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.chameleoncollection.co.uk (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
When using our site, you must comply with the provisions of our acceptable use policy.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Our liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your vists to our site
We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Transactions concluded through our site
Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our terms and conditions of business.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on our site other than that set out above, please address your request to sales@chameleoncollection.co.uk
Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.