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Terms and Conditions

Hello and welcome to About Gains.

By continuing to use and/or browse www.aboutgains.com (‘the website’) you are agreeing to comply with and be bound by the following terms and conditions of use (‘the terms’), which together with our privacy and returns policies, govern the use of the website and your relationship with About Gains Limited (‘we’, ‘our’ or ‘us’).

About Gains Limited is a company registered in England and Wales under the company number 09734596 whose registered office is at 20-22 Wenlock Road, London, England, N1 7GU.

If you are unhappy with any part of these terms then please do not access or use this website.

If you have any queries regarding these terms then please contact us.

These terms were last updated on 27/01/2016.

1. AGREEMENT

By using the website you agree to be bound by these terms which form the entire basis of any agreement reached between you and us.

2. CHANGES TO TERMS

Our terms are subject to change without notice. It is your responsibility to check for such changes. If you do not accept the changes made to these terms then you should not continue to use the website. If you continue to use the website after the date on which the change comes into effect, your use of the website indicates your agreement to be bound by these new terms.

3. WEBSITE CHANGES

All content on this website – and the website itself – is subject to change or withdrawal without notice. In addition, we reserve the right to close your About Gains account at our discretion. You confirm that we shall not be liable to you for any modifications or withdrawal of your account the website or its contents.

4. SITE ACCESS

You will be able to access the majority of this website without having to register any details with us.

5. REGISTRATION

You confirm that;

(i) You are at least 18 years of age.

(ii) You are legally capable of entering into binding contracts.

(iii) The personal information you provide to us is true, accurate, current and complete in all respects.

(iv) You are not impersonating any other person or entity.

(v) You will notify us immediately of any changes to your personal information.

6. COMPLIANCE

This website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws and regulations regarding this website and its use.

You agree to do nothing that may be regarded as an offence under the Computer Misuse Act 1990.

You confirm that you have read the Computer Misuse Act 1990 and understand what constitutes an offence under it.

If you commit any offence then your right to use our website will cease immediately. We will then be forced to report the incident to the relevant law enforcement authorities and will cooperate with them as required.

7. COOKIES

This website uses cookies to monitor browsing preferences and if you allow them then we may collect information from you. This includes, but is not limited to, information when you visit the website, register with us, buy products or take part in promotions and customer surveys. For more information on cookies and how we use then please see our privacy policy.

8. PRIVACY POLICY

We care about your privacy and are fully committed to ensuring that it’s protected at all times. You can be assured that the information you provide to us will only ever be used and processed in accordance with our privacy policy. By using our website you consent to such processing and confirm that you have read, and agree, with our privacy policy.

9. YOUR SECURITY

Here at About Gains we’re committed to protecting your privacy and online security. All information provided by you is treated securely and strictly in accordance with the Data Protection Act 1998. We have also decided to use PayPal to processes all our transactions. As a result we do not receive or store any of your credit/debit card information. To find out more about the extensive security and protection that Paypal gives you when shopping online, click here.

10. ORDERS

In order to enter into a contract with About Gains – through the purchasing and payment of an item – you must be over 18 years of age and possess a valid credit or debit card. You confirm that all the necessary information provided by you is accurate and complete in all respects at the time of the order. You also confirm that this information relates to you/the person placing the order and not to any third party.

All orders are subject to acceptance and availability. If the item(s) ordered are not available we will notify you as soon as possible. You will then have the option to wait until the item is available or to cancel your order. If you decide to cancel your order then you will be offered a full refund.

By placing an order with us you are offering to purchase a product. We reserve the right to reject such offers at any time. None of the products on this website are for re-sale or distribution. We reserve the right to cancel any order and to suspend any account. If you breach – or we suspect you of breaching – this provision we will enforce this right.

In the event of a technical error or any other factor outside our control effecting our ability to fulfil these terms, any order between us is no longer binding.

When you place an order, you will receive an acknowledgement email. You accept and understand that this automated acknowledgement of your order does not constitute our acceptance of your offer to purchase the goods or services advertised on the website. A contract between us for the purchase of the item(s) will only come into effect after your payment has been approved and we send you a confirmation email.

Your order will be confirmed as soon as possible and before the goods are dispatched. Please note that the confirmation issued by the company clearing your credit/debit card does not constitute our acceptance of an order. At our discretion we can decide to cancel your order and offer you a full refund.

The conclusion of a contract between you and us will take place when we debit the credit/debit card or PayPal account and confirm the dispatch of the goods.

We do all that we can to keep your order and payment details safe. It is for this reason that we use PayPal as a third party payment provider. However, in the event that unauthorised access to the data provided by you through our website occurs through this third party, we cannot be held liable for any loss or damages you may suffer.

Yo­­­­u will assume the risk/liability for the goods once they have been delivered to the specified delivery address. Please double check this address before placing an order. We accept no liability if you provide an incorrect address or fail to collect the products from the delivery address specified.

11. PRICE AND PAYMENT

The price of all goods quoted on our website exclude VAT (Value Added Tax).

We reserve the right to change prices at any time and without notice.

In the event that you have received an order confirmation, any subsequent changes to the price of your item(s) will not affect your order total. However, any future purchase you make will be charged at the updated prices.

We always try to ensure that all details, descriptions and prices appearing on this website are accurate, however, errors may occur. If we have mispriced an item, we are not required to sell that item to you at the incorrect price. Upon discovering an error in the price of any ordered item, we will contact you as soon as possible. We will then give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you then we will treat the order as cancelled and if applicable, refund you in full.

If you cancel your order, have paid for the goods but the goods have not yet been dispatched, then you will receive a full refund.

The cost of postage and packaging is shown separately in the checkout area. Such additional charges are clearly displayed where applicable and included in the total cost.

If your delivery address is within the United Kingdom, no additional taxes will be charged to you. If your delivery address is outside of the United Kingdom you may be subject to import duties, taxes and additional charges. Any such additional charges must be paid by you. Before placing an order from outside the UK, we recommend that you contact your local customs office for information as customs policies and practices vary widely from country to country.

Payment can be made by any major credit or debit card via PayPal. You confirm that the credit/debit card being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer does not authorise payment to us we will not be liable to you for any delay or non-delivery.

12. DELIVERY

All UK orders, unless otherwise stated, are dispatched by Royal Mail Tracked 48. We estimate between 2-4 working days delivery time when you select this service. We say 2-4 working days because although we do our best to ensure same day dispatch on all orders placed before 2 pm, we can’t always guarantee it.

The shipping charge is valid for one delivery. If the item could not be delivered through no fault of ours, you will have to pay an additional charge for redelivery (if your item is returned to us). This condition applies if you provide an incomplete or wrong address, if the delivery cannot be made due to there being no access to the property, or for any other reason over which we have no control.

Unless otherwise agreed in writing, all items shall be delivered to the address specified by you on, or as close as possible to the date required. You shall make all arrangements necessary to take delivery of the item(s) whenever they are scheduled for delivery. You acknowledge and accept that if you are not present at the time the goods are delivered, that they may be left with a neighbour.

13. CANCELLATION RIGHTS

You are entitled to cancel any contract completed with us within 14 days of receiving your item(s). For more information please see our returns policy.

14. DISUPTES

If through direct negotiation we are unable to resolve a dispute, we may refer it to mediation before any legal proceedings are commenced. Mediation will be conducted in accordance with the CEDR (Centre for Effective Dispute Resolution) mediation rules current at the date of the dispute.

15. LIABILITY

You understand that there are risks associated with using the internet and you agree to bear those risks.

We cannot guarantee or be responsible for the security and privacy of the website or any information provided by yourself to us. We will not be responsible for any technical problems you may experience with the website, its downloads or links. This website may sometimes be temporarily unavailable. Where possible we will try to give our visitors advance warning of down time but we are not obligated to do so.

We strive to provide honest, accurate and reputable material on this website, however, neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of this material. You acknowledge that use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.

You acknowledge that it is your responsibility to ensure that any of the products, services or information available through this website meet your specific requirements.

To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages whatsoever that may arise out of or that are related to your use of the website.

We would like to assure you that we work hard to ensure our website is maintained to the highest possible standards and that If we are informed of any inaccuracies we will attempt to correct them as soon as possible.

Nothing in these Terms shall exclude or limit liability for;

(i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977).

(ii) fraud

(iii) misrepresentation as to a fundamental matter.

(iv) any liability which cannot be excluded or limited under the law of the United Kingdom.

16. THIRD PARTY LINKS

This website may include links and feature other websites or material. This in no way constitutes an endorsement. These links and resources are simply provided for your convenience and to provide further information. We are not responsible for such websites or material, their privacy practices or content. We are not liable for any damage, loss or offence caused or alleged to be caused in connection with such external websites or their resources.

Where a contract is made with a third party we do not act as either agent or principal. This contract is made between yourself and that third party and will be subject to the terms and conditions they supply to you.

Always be wary when submitting data to websites and always read the site’s terms and privacy policies in full.

17. LINKING TO OUR WEBSITE

If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate any page on this website.

You also agree;

(i) That you will not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us in writing.

(ii) That you will not misrepresent your relationship with us.

(iii) That you will present any false information about us.

(iv) That you will not link from a website that is not owned by you.

(v) That you will not associate us in any way with a website that does not comply with the laws of the United Kingdom, contains content that is offensive, controversial or that infringes any intellectual property rights or rights of any other person.

You acknowledge and agree that if you breach any of the following then you shall be liable to fully indemnify us for any loss or damage suffered as a result of your actions.

18. INTELLECTUAL PROPERTY

This website contains material which is owned by or licensed to us. The content of the website is protected by copyright, trademarks and other intellectual property rights. This material includes, but is not limited to, design, layout, content, appearance, look and graphics. You may not reproduce, modify, copy, distribute or use any of this material for commercial purposes or personal financial gain.

Material on this website must not be republished online or offline without our permission, however, provided that you keep intact all and any copyright and proprietary notices, you may copy and use this material for your own personal, non-commercial use.

19. SEVERANCE

If any part of these terms is held to be invalid, unlawful or unenforceable, it shall not affect the enforceability of any of the remaining terms.

20. LAW AND JURISDICTION

These terms are governed in accordance with the laws of England and Wales. You agree that any disputes will be decided only by English courts.

21. FORCE MAJEURE

If we are prevented from performing any of our obligations on account of any circumstances beyond our reasonable control including, but not limited to, fire, flood, act of nature, terrorism, war, internet disruption, power failure, strike or difficulty in obtaining materials and/or labour then we are not liable. In any of these circumstances we reserve the right to cancel or suspend any contract between you and us.

22. COUPONS AND DISCOUNT CODES

We allow you to use coupons and discount codes strictly on the conditions upon which they have been issued.

We reserve the right to reject or cancel any orders which do not comply with these conditions, even if your credit or debit card has been charged.

Some of our discounts and special offers cannot be combined. We make every effort to ensure that discounts and special offers function correctly but it is sometimes necessary that one discount overrides any others.

23. REVIEWS

By using our product review feature you accept the following terms in full.

You confirm that all posted content and material is accurate, that you own the rights to it and that you are permitted to post such content.

You grant us a non-exclusive, royalty-free right to display and use such content in any we deem fit. In addition, you agree for us to use the name you submit in connection with such content.

Only objective reviews will be approved. Reviews deemed offensive, inappropriate or containing expletives will be removed from our site. At our discretion, external links will also be removed.

24. SUPPLEMENT PRIZE DRAW

There is no entry fee and no purchase necessary to enter this competition. Route to entry for the competition and details of how to enter can be found on www.aboutgains.com.

The rules of the competition and the prize for each winner are as follows: One entry per person. Participants must be UK residents and over the age of 18. One winner will be selected at random and will receive supplements of the promoters choosing.

The promoter reserves the right to cancel or to amend this competition and these terms and conditions without notice and for whatever reason. The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.

Winners will be chosen at random by the promoter. The winner will be notified by email within 28 days of the draw date. If the winner cannot be contacted or does not claim the prize within 7 days of notification, we reserve the right to withdraw the prize from the winner. The participant agrees to either collect the winning item(s) or pay postage costs incurred.

The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.

The winner agrees to the use of his/her name and image in any publicity material. Any personal data relating to the winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.

Entry into the competition will be deemed as an acceptance of these terms and conditions.

This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. You are providing your information to About Gains Ltd and not to any other party. The information provided will be used in conjunction with the following Privacy Policy.

25. WAIVER

The failure to enforce one or more of the terms shall not be regarded as a waiver. At any time all terms may be enforced.

26. CONTACTING US

We strive to be as accessible and helpful to our customers as possible. If you need to discuss anything then please contact us on either;

Phone: 0330 088 2232

Email: info@aboutgains.com

Post: Customer Service, About Gains, Unit A5 Continental Approach, Westwood Industrial Estate, Margate, Kent, CT9 4JG.