Terms & Conditions
Terms and conditions for use of the Southdowns Motorcaravans website
Welcome to the Southdowns Motorcaravans & Horseboxes Ltd Website terms and
conditions, which apply to your use of this website and by accessing this
Website, you agree to be bound by them. This Website is provided for the benefit
of residents of a member of the EU and residents of Norway, Iceland and
Liechtenstein. If you are not a resident of one of these countries or do not
agree to be bound by these terms and conditions, you may not use or access
this Website and we have the right to restrict or prevent your access to the
Website. If there is anything you do not understand please feel free to
e-mail any enquiry to us at info@southdownsmotorcaravans.co.uk
Definitions
"Conditions" means these terms and conditions: "User(s)" means (a) user(s)
of the Website either collectively or individually, as the context requires;
"Personal Information" means any personal details provided by you via the
Website; "We/us/our" means Southdowns Motorcaravans & Horseboxes Ltd;
"Website" means the website located at www.southdownsmotorcaravans.co.uk or any
subsequent URL which may replace it; and "You/your" means you as a user
of the Website.
1. Access
We will provide you with access to the Website in accordance with these
Conditions.
2. Your obligations
2.1 You:
2.1.1 agree not to use the Website (or any part thereof) for any illegal purpose
and agree to use it in accordance with all relevant laws;
2.1.2 agree not to upload or transmit through the Website any computer viruses,
macro viruses, trojan horses, worms or anything else designed to
interfere with, interrupt or disrupt the normal operating procedures of a
computer;
2.1.3 will not upload or transmit through the Website any material which is
defamatory, offensive, or of an obscene or menacing character, or that may
cause annoyance, inconvenience or needless anxiety;
2.1.4 will not use the Website in a way that may cause the Website to be
interrupted, damaged, rendered less efficient or such that the effectiveness or
functionality of the Website is in any way impaired;
2.1.5 will not use the Website in any manner which violates or infringes the
rights of any person, firm or company (including, but not limited to,
rights of intellectual property, rights of confidentiality or rights of
privacy);
2.1.6 will not create and publish a hypertext link to any part of the Website or
attempt any unauthorised access to any part or component of the
Website; and
2.1.7 agree that in the event that you have any right, claim or action against
any Users arising out of that User's use of the Website, then you will
pursue such right, claim or action independently of and without recourse to us.
3. Indemnity
You agree to be fully responsible for (and fully indemnify us against) all
claims, liability, damages, losses, costs and expenses, including legal fees,
suffered by us and arising out of any breach of the Conditions by you or any
other liabilities arising out of your use of the Website, or the use by any
other person accessing the Website using your PC or internet access account.
4. Our rights
4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, the Website (or any part
thereof) with or without notice to you and you confirm that we shall not
be liable to you or any third party for any modification to or withdrawal of the
Website; and/or
4.1.2 change these Conditions from time to time, and your continued use of the
Website (or any part thereof) following such change shall be deemed to be
your acceptance of such change. It is your responsibility to check regularly to
determine whether the Conditions have been changed. If you do not agree
to any change to the Conditions then you must immediately stop using the
Website.
4.2 We will use our reasonable endeavours to maintain the Website. The Website
is subject to change from time to time. You will not be eligible for any
compensation because you cannot use any part of the Website or because of a
failure, suspension or withdrawal of all or part of the Website due to
circumstances beyond our control.
4.3 Whilst every attempt is made to ensure that data appearing on this website
is accurate and up to date, please note that cars are being sold and new
stock becomes available all the time. We cannot therefore guarantee the future
availability of individual vehicles shown on this site. Should a vehicle
with the particular specification you are seeking become unavailable, we will
make every effort to source another vehicle with the same or similar
features for you.
5. Third party links
In an attempt to provide increased value to our Users, we may provide links
to other websites or resources. You acknowledge and agree that we are not
responsible for the availability of such external sites or resources, and do not
endorse and are not responsible or liable, directly or indirectly, for
the privacy practices or the content (including misrepresentative or defamatory
content) of such websites, including (without limitation) any
advertising, products or other materials or services on or available from such
websites or resources, nor for any damage, loss or offence caused or
alleged to be caused by, or in connection with, the use of or reliance on any
such content, goods or services available on such external sites or
resources.
6. Monitoring
We have the right, but not obligation, to monitor activity and content
associated with the Website. We may investigate any reported violation of these
Conditions or complaints and take any action that we deem appropriate (which may
include, but is not limited to, issuing warnings, suspending,
terminating or attaching conditions to your access and/or removing any materials
on the Website).
7. Your data
7.1 We respect your personal information and undertake to comply with
applicable UK Data Protection legislation from time to time in place.
7.2 You should be aware that:
7.2.1 if we are requested by the police or any regulatory or government
authority investigating suspected illegal activities, or upon receipt of a court
order, to provide your Personal Information and/or information concerning your
activities whilst using the Website we shall do so; and
7.2.2 by using the Website you consent to us collecting and using certain
information about you in accordance with our Privacy Policy. The Privacy
Policy forms part of these conditions - please click here to view it. We may
pass your Personal Information or details of your use of the Website to
other companies in our corporate group and selected third parties for analysis
and/or to enable them to contact you about products or services which may
be of interest to you.
7.3 We reserve the right in our reasonable discretion to disclose details of
your use of the Website in relation to any, or any threatened, court
proceedings in connection with your use, or the use of anyone under your
control, of the Website whether in connection with the matters set out in these
Conditions or otherwise.
8. Intellectual property and right to use
8.1 You acknowledge and agree that all copyright, trademarks and all other
intellectual property rights in all material or content supplied as part of
the Website shall remain at all times vested in us or our licensors. You are
permitted to use this material only as expressly authorised by us.
8.2 You acknowledge and agree that the material and content contained within the
Website is made available for your personal non-commercial use only and
that you may download such material and content onto only one computer hard
drive for such purpose. Any other use of the material and content of the
Website is strictly prohibited. You agree not to (and agree not to assist or
facilitate any third party to) copy, reproduce, transmit, publish, display,
distribute, commercially exploit or create derivative works of such material and
content.
8.3 The Website is Copyright, Southdowns Motorcaravans & Horseboxes Ltd,
2002-2006.
9. Notices
9.1 You may send us notices under or in connection with these Conditions:
9.1.1 by post to Southdowns Motorcaravans & Horseboxes Ltd, Nyton Road,
Aldingbourne, Chichester, West Sussex.
9.1.2 by telephone to 01243 544251; or
9.1.3 by email to info@southdownsmotorcaravans.co.uk
9.2 As proof of sending does not guarantee our receipt of your notice, you must
ensure that you have received an acknowledgement from us, which will be
sent within 3 working days of our receipt and should be retained by you.
10. Limitation of liability
10.1 WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY
INFORMATION WE PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS
OR IMPLIED IN RELATION TO ITS ACCURACY. In particular you agree that any colour
appearing on the site is, because of the way computers are set up, not
necessarily an accurate representation of the colour it purports to portray.
Please note that this site features imagery of non-UK vehicles and
therefore you should verify with your dealer all the information given on the
Website before purchasing. You will not hold us responsible if the
information is not accurate or if any particular vehicle is already sold.
10.2 The Website is provided on an "as is" and "as available" basis without any
representation or endorsement. Unless specified in separate terms and
conditions related to a particular product or service, we make no warranties of
any kind, whether express or implied, in relation to the Website, or
products or services offered on the Website whether by us or on our behalf
(including free software downloads) including but not limited to, implied
warranties of satisfactory quality, fitness for a particular purpose,
non-infringement, compatibility, security, accuracy, condition or completeness,
or
any implied warranty arising from course of dealing or usage or trade.
10.3 Unless specified in separate terms and conditions related to a particular
product or service, we make no warranty that the Website or products or
services offered on the Website whether by us or on our behalf (including free
software downloads) will meet your requirements or will be uninterrupted,
timely, secure or error-free, that defects will be corrected, or that the
Website or the server that makes it available or products or services offered
on the Website whether by us or on our behalf (including free software
downloads) are free of viruses or bugs or are fully functional, accurate, or
reliable. We will not be responsible or liable to you for any loss of content or
material as a result of uploading to or downloading from the Website.
10.4 Notwithstanding any other provision in the Conditions, nothing herein shall
limit your rights as a consumer under English law.
10.5 You acknowledge that we cannot guarantee and therefore shall not be in any
way responsible for the security or privacy of the Website and any
information provided to or taken from the Website by you.
10.6 We will not be liable in contract, tort or otherwise if you incur loss or
damage connecting to the Website through a third party's hyper-text link.
10.7 We will not be liable, in contract, tort (including, without limitation,
negligence), pre-contract or other representations (other than fraudulent
misrepresentations) or otherwise out of or in connection with the Website or
products or services offered on the Website whether by us or on our behalf
(including free software downloads) for:
10.7.1 any economic losses (including without limitation loss of revenues,
profits, contracts, business or anticipated savings); or
10.7.2 any loss of goodwill or reputation; or
10.7.3 any special or indirect or consequential losses; in any case whether or
not such losses were within the contemplation of either of us at the date
on which the event giving rise to the loss occurred.
10.8 Nothing in the Conditions shall exclude or limit our liability for death or
personal injury resulting from our negligence or that of our servants,
agents or employees.
11. Severance
If any part of the Conditions shall be deemed unlawful, void or for any
reason unenforceable, then that provision shall be deemed to be severable from
these Conditions and shall not effect the validity and enforceability of any of
the remaining provisions of the Conditions.
12. Waiver
Nothing shall be construed as a waiver by us of any preceding or succeeding
breach of any provision.
13. Survival
Each provision of these Conditions shall be construed as separately applying
and surviving even if for any reason one or other of those provisions is
held to be inapplicable or unenforceable in any circumstances.
14. Entire agreement
These Conditions (as amended from time to time) contain the entire agreement
between you and us relating to the subject matter covered and supersedes
any previous agreements, arrangements, undertakings or proposals, written or
oral, between you and us in relation to such matters. No oral explanation
or oral information given by either of us shall alter the interpretation of
these Conditions. You confirm that, in agreeing to accept these Conditions,
you have not relied on any representation save insofar as the same has expressly
been made a representation in these Conditions and you agree that you
shall have no remedy in respect of any misrepresentation which has not become a
term of these Conditions save that your agreement contained in this
Clause shall not apply in respect of any fraudulent misrepresentation whether or
not such has become a term of these Conditions.
15. Law
The Conditions will be exclusively governed by and construed in accordance
with the laws of England and Wales whose Courts will have exclusive
jurisdiction in any dispute, save that we have the right, at our sole
discretion, to commence and pursue proceedings in alternative jurisdictions.
