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Terms and Conditions

IMPORTANT LEGAL NOTICE

Please read these terms carefully before using the BISSELL DIRECT website. This notice is issued by Stearn Electric Company Ltd trading as Beam Group (“BEAM”), the official and exclusive distributor of Bissell products within the UK and responsible for the management and control of www.bisselldirect.co.uk (“BISSELL DIRECT website”). This legal notice applies to the entire contents of the BISSELL DIRECT website under the www.bisselldirect.co.uk domain (“BISSELL DIRECT website”) and to any correspondence by email between the BISSELL DIRECT website, its Customer Service Representatives, BEAM and you. Using the BISSELL DIRECT website indicates that you accept these terms. If you do not accept these terms, please do not use the BISSELL DIRECT website.

If you buy goods on this website, BEAM’s Terms and Conditions of Sale will apply.

Introduction

1. By browsing and/or using the BISSELL DIRECT website, you agree to the following terms in their entirety. If you do not accept this legal notice in full, you must leave the BISSELL DIRECT website immediately.

2. 'BISSELL' and any other BISSELL product or service name referred to on the BISSELL DIRECT website are trademarks of BISSELL International Trading Company B.V.

3. BEAM, its affiliates, independent content providers and third parties provide content (information, communications, images and/or sounds contained on or available through the BISSELL DIRECT website). The contents of the BISSELL DIRECT website are copyright ©BISSELL International Trading Company B.V. or its affiliates, independent content providers or third parties. All rights reserved. The contents of the BISSELL DIRECT website cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without prior written permission from BISSELL International Trading Company B.V and BEAM. You agree that the material and content contained within or provided by the BISSELL DIRECT website is for your own personal use and may not be used for commercial purposes or distributed commercially.

4. You will be able to access the BISSELL DIRECT website free of charge without registering your details with the BISSELL DIRECT website or BEAM.

5. In certain cases BEAM may not be able to provide the goods, or carry out some of its other duties under contract, because of something that is beyond its reasonable control. This could include war, act of terrorism, widespread goods, fuel or power shortages, fire, flood, severe weather, other natural disasters, equipment failure or an accident that is not BEAM’s fault. If this happens then BEAM will not be responsible, for so long as the effects of the event continue, for any failure to provide the goods. BEAM will continue to try to provide the goods as soon as possible despite any such events.

6. You may have other rights granted to you by law in addition to those set out in these terms and conditions, which BEAM may not exclude. These terms and conditions do not affect those other rights granted by law. If you wish to obtain further information about your rights, you should speak to your local Citizen's Advice Bureau or Trading Standards Office.

7. BEAM may revise this legal notice at any time by updating this posting. You are advised to check the BISSELL DIRECT website from time to time to review the current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the BISSELL DIRECT website.

8. The Terms & Conditions of Sale displayed when you make your purchase will also govern all orders and purchases made on the BISSELL DIRECT website.

9. You must be over eighteen years of age to make an order or purchase through the website.

These terms and conditions do not affect your statutory rights.

Service Access

10. While BEAM will use its reasonable endeavours to maintain the BISSELL DIRECT website in a fully operating condition, it will not be liable if for any reason the BISSELL DIRECT website is unavailable at any time or for any period. BEAM is not responsible for the results of any defects that exist in the BISSELL DIRECT website.

11. BEAM will not be liable for any loss, liability, damage or expense of whatever kind arising, whether wholly or partly and whether directly or indirectly, in consequence of the use of, or any reliance placed upon, such information by the visitor or other person.

12. BEAM accepts no liability for any inaccuracies or omissions in the BISSELL DIRECT website or for any other information obtained directly or indirectly from the BISSELL DIRECT website.

13. While BEAM endeavours to ensure that the information on the BISSELL DIRECT website is correct, it does not warrant the accuracy and completeness of the material on the BISSELL DIRECT website.

14. BEAM may suspend or vary the whole or any part of the service offered on the BISSELL DIRECT website for any reason, at any time, at our sole discretion.

15. BEAM reserves the right to make changes and corrections to the BISSELL DIRECT website at any time without notice.

16. BEAM will not be liable for any telephone or other costs that may be incurred in connecting to the BISSELL DIRECT website.

17. If your computer does not support relevant technology, including but not limited to encryption, you may not be able to use certain services or access certain information on the BISSELL DIRECT website.

License

18. You are permitted to print and download extracts from the BISSELL DIRECT website for your own use on the following basis:

· no part of the BISSELL DIRECT website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without written permission from BISSELL International Trading Company B.V. and BEAM;

· no documents or related graphics on the BISSELL DIRECT website are modified in any way;

· no graphics on the BISSELL DIRECT website are used separately from accompanying text; and

· Bissell International Trading Company B.V.’s copyright and trademark notices and this permission notice appear in all copies

19. Unless otherwise stated, the copyright and other intellectual property rights in all material on the BISSELL DIRECT website (including, without limitation, photographs and graphical images) are owned by Bissell International Trading Company B.V. or its licensors. For the purposes of this legal notice, any use of extracts from the BISSELL DIRECT website other than in accordance with paragraph above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the BISSELL DIRECT website automatically terminates and you must immediately destroy any downloaded or printed extracts from the BISSELL DIRECT website.

20. You may not mirror any material contained on the BISSELL DIRECT website on any other server without the prior written consent of Bissell International Trading Company B.V. and BEAM. Any unauthorised use of the contents of the BISSELL DIRECT website either under this clause or clause 11 above may be in breach of copyright laws, trademark laws or laws of England and Wales.

Links to Other Websites

21. The service is accessed via the World Wide Web that is independent of the BISSELL DIRECT website, BEAM and Bissell International Trading Company B.V. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. BEAM and Bissell International Trading Company B.V. have no responsibility for any information or service obtained by you on the World Wide Web.

22. Any links to third party websites on the BISSELL DIRECT website are provided solely for your convenience. If you use these links, you leave the BISSELL DIRECT website.

Links from Other Websites

23. If you would like to link to the BISSELL DIRECT website, you may only do so on the basis that you link to, but do not replicate, the home page of the BISSELL DIRECT website, and subject to the following conditions:

· you do not remove, distort or otherwise alter the size or appearance of the BISSELL logo;

· you do not create a frame or any other browser or border environment around the BISSELL DIRECT website;

· you do not in any way imply that BISSELL DIRECT is endorsing any products or services other than its own;

· you do not misrepresent your relationship with BISSELL DIRECT nor present any other false information;

· you do not otherwise use any trademarks displayed on the BISSELL DIRECT website without express written permission from Bissell International Trading Company B.V and BEAM;

· you do not link from a website that is not owned by you; and

· your website 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.

24. Bissell international Trading Company B.V. and BEAM expressly reserves the right to revoke the right granted in paragraph 23.

25. You shall fully compensate any loss or damage suffered by Bissell International Trading Company B.V. and BEAM or any of its affiliates for breach of paragraph 23.

Visitor Material and Conduct

26. You agree not to cause, nor knowingly allow others to cause, any nuisance, hindrance or inconvenience, whether to BEAM or any of its customers or users of the BISSELL DIRECT website by any means. You agree not to use the BISSELL DIRECT website to disseminate any material for which you have not obtained all necessary licences and/or approvals or which is technically harmful. You also agree not to disseminate any material that is defamatory, offensive or obscene or menacing in character, which may in BEAM's judgement cause nuisance, annoyance, inconvenience to BEAM or Bissell International Trading Company B.V. or others, or which is illegal. You will not use the BISSELL DIRECT website such that you would cause the whole or part of the BISSELL DIRECT website to be interrupted, damaged, rendered less efficient or impaired in any way.

27. You will compensate BEAM and / or Bissell International Trading Company B.V. for all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgement by a court of competent jurisdiction and all settlements sums paid by BEAM and / or Bissell International Trading Company B.V. as a result of any settlement agreed by BEAM and / or Bissell International Trading Company B.V. arising out of or in connection with any breach by you of paragraph 26 including without any claim by any third party.

28. Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to the BISSELL DIRECT website will be considered non-confidential and non-proprietary. BEAM will have no obligations with respect to such material. BEAM and its designees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

29. A few areas of the BISSELL DIRECT website may ask you to provide personal information that will enable BISSELL DIRECT and BEAM to use the information you provide to keep you informed of BEAM’s latest products and services after your visit to the BISSELL DIRECT website. The personal information will be used in accordance with BEAM’s online Privacy Policy.

30. BEAM will fully co-operate with any law enforcement authorities or court order requesting or directing BEAM to disclose the identity or locate anyone in breach of paragraphs.

Limitation of Liability

31. BEAM shall be liable for the death or personal injury arising from its negligence, or if BEAM has made misrepresentations where that misrepresentation caused you to enter into a contract with BEAM.

32. YOUR ATTENTION IS PARTICULARY DRAWN TO SECTIONS 32a, 32b AND 32c.

a. BEAM shall not be liable for any loss (except for those set out in clause 31 above) which were not reasonably foreseeable at the time of entering into a contract with BEAM (whether or not caused by BEAM's negligence).

b. For the liability not covered by 31 above, BEAM will not be responsible for any loss that could not have been expected to occur in advance of the loss of occurring, or any loss of any opportunity by you (including an opportunity for you or someone else to make, save or use money).

c. For all BEAM's liability not covered by 31 above, you accept that BEAM's maximum financial responsibility to you will be the price of the goods even if the actual loss you suffer is more than that.

d. The price of the goods has been calculated on the basis that BEAM will exclude or limit its liability as set out in the contract.

Disclaimer

33. The material on the BISSELL DIRECT website is provided 'as is', without any condition, warranty or other terms of any kind. Accordingly, to the maximum extent permitted by law, BEAM provides you with the BISSELL DIRECT website on the basis that BEAM excludes 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) that but for this legal notice might have effect in relation to the BISSELL DIRECT website.

34. BEAM reserve the right to vary the terms of this contract from time to time, such variations becoming effective immediately upon posting of the varied Legal Statement on the BISSELL DIRECT website. By continuing to use the BISSELL DIRECT website, you will be deemed to accept such variation.

Liability

35. To the fullest extent permitted by law you agree, BEAM shall not be liable to you or a third party for any indirect, special, 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 the BISSELL DIRECT website in any way or in connection with the use, inability to use or the results of use of the BISSELL DIRECT website, any websites linked to the BISSELL DIRECT website or the material on such websites.

Applicable Law

36. These terms and conditions of sale and the supply of the goods will be subject to English law, and the English courts will have exclusive jurisdiction in respect of any dispute arising from the contract.

37. The following information is required by the Electronic Commerce (EC Directive) Regulations 2002. The BISSELL DIRECT website is owned by BISSELL International Trading Company B.V. (Registered in the Netherlands. Registration Number 53752139) trading address Ground Floor, 226 Berwick Avenue, Slough, Berkshire, SL1 4QT. VAT registration number GB 542 4975 27.

38. The BISSELL website is controlled and managed by Stearn Electric Company Ltd trading as Beam Group (Registered in England, number 00201097, Votec House, Hambridge Lane, Newbury, Berkshire, RG14 5TN. Beam Group’s trading address is Unit 20, Buckingway Business Park, Swavesey, Cambridge, CB24 4AE.