OUT-TAKE

Out-Take Limited Online Terms + Conditions

THESE TERMS AND CONDITIONS APPLY TO THE ENTIRE CONTENTS OF THIS WEB SITE UNDER THE DOMAIN NAME WWW.OUT-TAKE.CO.UK (“WEB SITE”) AND TO ANY CORRESPONDENCE BY E-MAIL BETWEEN US AND YOU. PLEASE READ THESE ONLINE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE. THIS NOTICE IS ISSUED BY OUT-TAKE LIMITED (“OUT-TAKE”, “WE” or “US”).

Contents

Who Are Out-Take?
Terms + Conditions of Use
Service Access
Out-Take Partnerships
Users + Participants
Cookies
Trademarks + Copyrights + Restrictions
Links
Privacy Issues
Product + Services Information
Product Guarantee
Payment
Delivery + Stock Availability
Cancellation Procedure + Returns Policy
Conduct of Users
Disclaimers + Indemnity
Limitation of Liability
Impossibility of Performance
Proper Law of Contract
Comments + Complaints + Questions

Who Are Out-Take

Out-Take is the trading name of Out-Take Limited. We are registered in the UK Company No. 4195428, with registered office at 12 Henson Close, Telford Way Industrial Estate, Kettering, Northants NN16 8PZ, United Kingdom. Our central offices are located at: 1c Craven Mews, London SW11 5PW, United Kingdom. We can be contacted as follows: Tel: +44 (0)207 585 1539; Fax: +44 (0)207 978 4882; e-mail: enquiries@out-take.co.uk.

Terms + Conditions of Use

Out-Take may revise these terms and conditions at any time by updating this posting. Users should check these terms and conditions periodically. Entering the Web site will constitute your acceptance of these terms and conditions, including recent changes, whether or not you chose to review these changes.

Service Access

While Out-Take endeavours to ensure that this Web site is normally available 24 hours a day, we will not be liable if for any reason this Web site is unavailable at any time or for any period.

Access to this Web site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons that are beyond our control.

Out-Take Collaborators and Partners

At Out-Take, "Out-Take Partnership", “Out-Take Partner” and/or “Out-Take Collaborator” means that we have teamed up with industry-leading companies, organizations and/or individuals to bring quality services and products to the consumer. None of such terms means or implies that we are partners with these companies for legal purposes.

All companies or persons (“Featured Persons”) that we feature on our Web site are wholly independent of Out-Take and as such we take no responsibility whatsoever for such Featured Persons’ actions or otherwise with any person. Specifically, Out-Take takes makes no representation or warranty to any person of the capabilities or of any other matter regarding any such Featured Persons and any and all details concerning such Featured Persons on our web-site should be read subject to the above.

Users + Participants

Out-Take do not discriminate on the basis of age, race, nationality, gender, sexual orientation or religion. However; persons under the age of 16 should only use the Web site with the consent of their parent or legal guardian. We encourage all parents and guardians to monitor the Internet use of their children. Use of the Web site by any user shall be deemed to be a representation that the user is 16 years of age or older.

Cookies

"Cookies" are small encrypted data files (containing references to user ID information supplied by the user and stored on our server) that may write to a user's computer hard drive upon accessing a Web site. We employ cookies to enhance a user's shopping experience. Cookies are used to keep track of a user's shopping cart status and movement through the site. We also employ persistent cookies to save a user's identification number upon their request. This is done by selecting the 'Remember Me' function at the checkout stage. Do not use this feature if you share your computer. Most web browsers automatically accept cookies, but if you do not want to accept a cookie, you can set your browser to deny it. With cookies disabled, you can view the Out-Take Web site but you cannot make any purchases or use your shopping cart. You can find out more about the use of cookies at www.cookiecentral.com. To learn more about how we protect all customer information, please refer to our Privacy Statement.

Trademarks + Copyrights + Restrictions

This Web site and all materials on it, including, but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, illustrations, posts, audio clips and video clips are the sole property of Out-Take and its partners, affiliates and licensors and are protected from unauthorised copying and dissemination by copyrights that are owned or licensed by Out-Take, its partners, affiliates and licensors and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any materials from www.out-take.co.uk, or any other Web site owned or operated by Out-Take without our prior written permission. However, you may download or make one copy of the materials and other downloadable items displayed on the Web site, provided that the same are not used for any commercial purpose, distributed to third parties or offered for sale to third parties, and further provided that all copyright and other notices contained in the materials are left intact. Any modification of the materials, or any portion thereof, or use of the materials for any other purpose constitutes an infringement of these terms and conditions and our copyrights and other proprietary rights. Use, reproduction or storage of these materials on any other Web site or any public or private retrieval system or service is prohibited without our prior written permission. If you breach any of these terms and conditions, your permission to use this Web site automatically terminates and you must immediately destroy any downloaded, printed or archived extracts or material from this Web site.

Out-Take and the Out-Take logo and other marks indicated on our Web site are trademarks or registered trademarks of Out-Take in the European Union and/or other jurisdictions. Our graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Out-Take. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by Out-Take that appear on this Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Out-Take.

Any rights not expressly granted in these terms and conditions are reserved.

Links

We are in no way responsible for the content of any Web sites that may be linked to or from www.out-take.co.uk, or any bulletin board / forum, whether associated or unassociated with Out-Take. These links are provided for the user's convenience only and the user accesses them at their own risk. Any other Web site accessed from this Web site is independent from Out-Take, and we have no control over the content of these other Web sites. In addition, a link to any other Web site does not imply that we endorse or accept any responsibility for the content or use of such other Web sites.

If you would like to link to this Web site, you may only do so on the basis that you link to, but do not replicate, the home page of this Web site, and subject to the following conditions:

a. you do not remove, distort or otherwise alter the size or appearance of the Out-Take logo;

b. you do not create a frame or any other browser or border environment around this Website;

c. you do not in any way imply that Out-Take is endorsing any products or services other than its own;

d. you do not misrepresent your relationship with Out-Take nor present any other false information about Out-Take;

e. you do not otherwise use any trade marks displayed on this Web site without our prior express written permission from;

f. you do not link from a Web site that is not owned by you; and

g. your Web site does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

We expressly reserve the right to revoke the right granted above for breach of these terms and conditions and to take any action it deems appropriate.

You shall indemnify Out-Take for any loss or damage suffered by us or any of our group companies for breach of the above.

Privacy Issues

We take the privacy of our customers very seriously. Please review our Privacy Statement .

Product + Services Information

In general, the products offered on our Web site are not available in stores. Prices shown on the Web site apply to the products sold on our Web site only and may change at any time without notice. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we despatch the item concerned. All prices are quoted in UK pounds sterling and are exclusive of VAT unless otherwise stated. Pre-payment in full (inclusive of any and all applicable delivery and insurance costs) must be received by bank transfer before goods are dispatched.

We always attempt to display products on our Web site in an accurate manner, however, because of the technical differences in the equipment of users, we cannot be responsible for photographic differences in size, shape and colour of products.

The receipt of an email order confirmation from us indicating that a transaction has been authorised is simply a recognition that we have received the consumer's requested order. The display of goods for sale on the Web site constitutes a mere invitation to treat. There will be no contract between us and the consumer until we actually despatch the goods to you (or in the case of pre-payment when payment is received by us). At any point up until then, we may decline to supply the goods without giving reason. At the moment that the goods are dispatched (or in the case of pre-payment, payment is received by us), a contract will be made between us and the consumer. Due to the technical complexities associated with trading online, we currently settle all transactions immediately after the customer's address has been verified by their issuing bank. When the order has been processed the customer is then billed accordingly.

We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether, including but not limited to prohibiting sales to resellers. In any such event the consumer will be refunded immediately.

Product Guarantees

All goods are supplied with a 12 month manufacturers' warranty unless specified otherwise.

Payment

We accept Visa credit and debit cards including Electron, Mastercard, Eurocard, Maestro, Switch, Delta, Solo + bank to bank transfer with prior arrangement.

Delivery + Stock Availability

Delivery dates quoted by members of staff or on our Web site are indicative and cannot be guaranteed. However; please note that most orders are despatched within 2 working days of receipt of your order, however, all items are subject to availability. The listing of a product on our Web site does not always imply that we are currently carrying stock. If the consumer orders an item that is currently out of stock, we will notify the consumer as soon as reasonably possible by email or telephone.

Upon receipt of any order and payment details passing additional security checks, We will endeavour to despatch goods to the consumer as quickly as possible. Delivery is normally at the consumer’s cost by DHL 24-hour service Monday to Fridays. We do not provide a Saturday delivery service except by special arrangement at our discretion. All packages are insured at the consumer’s cost against damage and theft until signed for by the recipient. Damage to goods or short delivery must be notified in writing - preferably email - to both the courier and to Out-Take within 3 working days. Should this situation arise, the courier's delivery note should be endorsed "Damaged" or "Unexamined".

For security reasons, we will only despatch goods to the registered card holder at the registered card holder's address.

We will always endeavour to achieve any agreed delivery date but no liability will be accepted for delay in delivery and no warranty is given that goods or services will be supplied on a given date.

Cancellation Procedure + Returns Policy

When purchasing goods or services from this website your contract is with Out-Take. All goods and services are sold in accordance with The Consumer Protection (Distance Selling) Regulations 2000 (SI 2000 No.2334). These regulations essentially ensure that the consumer is given clear information about the goods and services the supplier is offering, is provided with an order confirmation via email and has a "cooling off" period of 7 working days - during which time the consumer may cancel the contract by notifying the supplier of their request to cancel either in writing or by email. Please note that cancellation of contracts for the purchase of copyrighted goods (all software, media, CDs and DVDs) cannot be accepted where the item has been unsealed. Goods ordered specifically to meet a consumer’s requirements are exempt from these regulations. The consumer will also be responsible for the cost of returning any goods to us unless the goods prove to be faulty. We can arrange for the collection of goods at the customer's expense, alternatively the customer may choose to return the goods by their own means. We strongly recommend that if returning goods by their own means, that customers use an insured courier service as we will not be responsible for the goods until they have been checked and signed for. Furthermore, the consumer is under a duty to restore goods to us and to maintain them in the condition in which they were supplied by us. If goods are damaged or not saleable as new, we reserve the right to seek recompense.

To cancel this contract, please notify us in writing or by email. A telephone call is not sufficient unless both you and Out-Take agree otherwise. You must take care of the goods whilst they are in your possession and ensure that you are able to package the relevant item(s) securely and make it available for collection by our chosen courier. Please also inform us of the reason for which the goods are no longer required.

We are particularly concerned with your complete satisfaction. Therefore in addition to these regulations, if within 14 days of purchase, the consumer wishes to return goods to us for reasons of incompatibility or they are not satisfied with the goods, subject to the previous exclusions regarding copyrighted goods and items ordered specifically to meet a customer's requirements, We will refund the consumer provided the goods are returned to us in an undamaged and saleable condition.

Customs

When ordering goods from us for delivery outside the UK you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

Conduct Of Users

You the user are entirely responsible and liable for all activities conducted by you. In addition to the guidelines listed above, below are some, though not all, violations that may result in the termination of your access. By using the Web site, you are agreeing to the following rules of conduct as well as the guidelines set forth above. You agree not to do any of the following actions while using the Web site:

a. harass, threaten, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity;
b. transmit via or through the Web site any information, data, text, files, links, software, chat, communication or other materials that we consider to be harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially or ethnically hateful or otherwise objectionable;
c. attempt to transmit any "virus","trojan horse","worm" or other software destruction or disruption device;
d. impersonate any other person, including but not limited to, technician, expert, forum moderator, guide, host or employee of Out-Take;
e. post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on our Web site or associated forums. This shall also prohibit the following: solicitation of credit card numbers, solicitations for sponsors, or promotion of raffles, competitions, or multi-level marketing or pyramid schemes. Should we decide to operate any forums they will exist purely for information and ideas exchange only;
f. intentionally or unintentionally violate any applicable local, national, European or international law while using or accessing the Web site or in connection with your use of the Web site, in any manner;
g. invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; and
h. infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity and
i. post or transmit any material for which you have not obtained all necessary licences and / or approvals.
You may not misuse the Web site in any way (including, without limitation, by hacking).
We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting

Disclaimers And Indemnity

By using the Out-Take Web site and / or posting materials, you the user agree to indemnify us, our officers, directors, employees, successors, agents, distributors, and affiliates for any and all claims, damages, losses, and causes of action (including legal fees) arising out of or relating to your breach or alleged breach of this agreement (including without limitation, claims made by third parties for infringement of intellectual property rights), or for any content that is provided by you (or through your user name and / or password). You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

The information contained in this Web site is for general guidance on topics selected by Out-Take. Such information is provided on a blind-basis, without any knowledge as to your industry, identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in information contained in this Web site. The information on this Web site is provided with the understanding that Out-Take and various authors and publishers' providing such information are not engaged in, and that providing such information does not constitute the rendering of legal, accounting, tax, career or other professional advice or services. As such, information on this Web site should not be relied upon or used as a substitute for consultation whether by telephone, email or in-person with an employee of Out-Take.

The material on this Web site is provided ‘as is’ without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Web site on the basis that we exclude all representations, warranties, conditions and other terms (including without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which but for these terms and conditions might have effect in relation to this Web site).

Limitation of Liability

OUT-TAKE, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THIS WEB SITE) AND ANY OF OUR GROUP COMPANIES AND OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, OF ANY OF THEM, EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES, OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION, AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE) IN CONNECTION WITH THIS WEB SITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE OR THE MATERIAL ON SUCH WEB SITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THIS WEB SITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS WEB SITE OR ANY WEB SITES LINKED TO THIS WEB SITE. IF YOUR USE OF MATERIAL ON THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA, YOU ASSUME ALL COSTS THEREOF.

SUBJECT TO THE PARAGRAPH BELOW, OUR TOTAL LIABILITY IN CONTRACT, TORT, (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION OR OTHERWISE, ARISING IN CONNECTION WITH GOODS PROVIDED UNDER THE CONTRACT SHALL BE LIMITED TO THE PRICE OF THE GOODS PAID BY THE CONSUMER TO US. WE SHALL NOT BE LIABLE TO THE CONSUMER OR ANY THIRD PARTY FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, COSTS, EXPENSES OR OTHER CLAIMS FOR CONSEQUENTIAL COMPENSATION WHATSOEVER OR HOWSOEVER CAUSED WHICH ARISE OUT OF OR IN CONNECTION WITH THE CONTRACT AS DETAILED IN THESE TERMS AND CONDITIONS.

NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (II) FRAUD; (III) MISREPRESENTATION AS TO A FUNDAMENTAL MATTER; OR (IV) ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Impossibility of Performance

We shall be relieved of our obligations to perform the contract to the extent that the performance thereof is prevented by fire, industrial dispute, war, labour disturbance or causes beyond our reasonable control.

Proper Law of Contract

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.

THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.

Comments, Questions + Complaints

We welcome your feedback about our Web site. However, any comments, ideas, notes, messages, suggestions or other communications sent to us regarding the Web site and / or the products and services we provide shall be and remain our exclusive property, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you. We will always - as a matter of courtesy request your permission before publishing such feedback in any publications available to the general public or on our Web site.

Should you have any questions or complaints regarding this agreement, or any other aspect of our Web site then please do not hesitate to contact us.

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Copyright©2003 Out-Take Limited. All rights reserved.