Privacy, Terms and Conditions
We, at My Thoughts Exactly, are committed to respecting and protecting the privacy of anyone using our site and the confidentiality of any information that you provide us with. The purpose of this statement is to set out how we use any personal information that we may obtain from you.
Data Protection Act 1998 (‘the Act’)
The Company and the Contractor agree to comply with all applicable data protection legislation, including but not limited to the Data Protection Act 1998 and any subsequent amendments thereto.
Use and collection of personal information
In general you can visit our website without telling us who you are and without revealing any information about yourself. If, however, you use our site to make contact, you will be asked to provide certain information such as your contact details. We will store this data and hold it on computer or otherwise.
We may disclose your personal information to third parties:
•In the event we sell or buy any business or assets, in which case we might disclose your personal data to the prospective buyer or seller.
•If we are under a legal duty to disclose or share your personal data in order to comply with or meet any legal obligation
Some of our cookies are used to simply collect information about how visitors use our website and these types of cookies collect the information in an anonymous form.
To find out more about cookies, including seeing what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.
If you do not wish to accept cookies from our website, please leave this site immediately and then delete and block all cookies from this site. Alternatively, you may opt out of receiving information from us by e-mail, telephone, fax or post. Our phone number is 07543613457 , or you can e-mail us on Contact@mtebs.co.uk
We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or wilful default.
You have the right to ask us not to process your personal data for marketing purposes. We will aim to inform you before collecting your data if we intend to use your data for such purposes or we intend to disclose your information to any third party for such purpose. You can exercise your right to prevent this happening by checking certain boxes on the forms we use to collect your data.
These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information.
General terms and conditions
This site is owned and operated by My Thoughts Exactly Business Solution Ltd of 229 Cossington Road, Sileby, Leicestershire, LE12 7RR. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at the aforementioned phone number and email address.
Ownership of rights
All rights, including copyright, in this website are owned by or licensed to My Thoughts Exactly Business Solutions Ltd. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
.Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all services have been described accuratons Lt
Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
The prices payable for services that you order are as set out on our website, and were correct at the time of entering information.
These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods and/or Services, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services from the Seller pursuant to these Conditions.
Acceptance of delivery of the Goods or commencement of the Services shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
These Conditions may not be varied except by the written agreement of [a director of] the Seller.
These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
Payment and Interest
Payment of the Price shall be due within 7 days of the date of the Seller’s invoice delivered at point of completion.
Preffered method of payment will be bank transfer.
Any additional costs incurred, for example, postage, travel, courier, will be invoiced apparitional.
In the event of a termination of contract(see notices), the buyer agrees to pay for all goods and services completed up to and including the date of termination.
Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of [8%] per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment.
The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.
Goods and Services
The Goods/and or services are described in the Order. The Seller reserves the right to amend or change the specification of the Goods/and or services if required by any applicable statutory or regulatory requirements.
The Seller warrants that for a period of one month commencing on the earlier of either the date of delivery of the Goods/ and or services, or the commencement of the Services, the Goods and/or Services shall:
-conform with their description;
-be of satisfactory quality with the meaning of the Sale of Goods Act 1979;
-be fit for any purpose held out by the Seller; and
-be carried out in accordance with the Supply of Goods and Services Act 1982.
Delivery of Goods
Delivery of the Goods/and or services shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods/ and or services on the day notified by the Seller for delivery.The Seller undertakes to use its reasonable endeavours to despatch the Goods/ and out services on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods/ and or services. If short delivery does take place, the Buyer may not reject the Goods but shall accept the Goods delivered as part performance of the contract, and a pro-rata adjustment to the Price shall be made.
If the Buyer fails to take delivery of the Goods/and or services on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.
Acceptance of the Goods and Services
The Buyer shall be deemed to have accepted the Goods/and out services two days after delivery to the Buyer.
The Buyer shall carry out a thorough inspection of the Goods within 24 hours and give notice in writing to the seller after discovering that some or all of the goods do not comply with the Warranty above, the Buyer must return the Goods to the Seller at the Buyer’s cost and the Seller shall, at its option, repair or replace any Goods that are defective, or refund the price of such defective Goods.
Where the Buyer has accepted, or has been deemed to have accepted, the Goods/ and or services the Buyer shall not be entitled to reject Goods/and or services which are not in accordance with the contract.
Intellectual Property Rights
All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by the Seller.
The Buyer acknowledges that, in respect of any third party Intellectual Property Rights in the Services, the Buyer's use of any such Intellectual Property Rights is conditional on the Seller obtaining a written licence from the relevant licensor on such terms as will entitle the Seller to license such rights to the Buyer..
All Seller Materials are the exclusive property of the Seller.
Limitation of Liability: THE BUYER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
Nothing in these Conditions shall limit or exclude the Seller's liability for:
-death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
-fraud or fraudulent misrepresentation;
-breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
-breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
-defective products under the Consumer Protection Act 1987.
Subject to this clause:
-The Seller shall under no circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
-the Seller's total liability to the Buyer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £1,000,000.00.
-After the Warranty Period, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
This clause shall survive termination of the Contract.
For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Seller including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Seller or any other party), failure of a utility service or transport network, act of God, war, terrorism, riot, civil commotion, interference by civil of military authorities, national or international calamity, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, earthquake, epidemic or similar events, or default of suppliers or subcontractors.
The Seller shall not be liable to the Buyer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
If the Force Majeure Event prevents the Seller from providing any of the Services and/or Goods for more than two weeks, the Seller shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Buyer.
-Any notice or other communication given to a party under or in connection with a Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally or sent by prepaid first-class post or other next working day delivery service, or by commercial courier, fax or e-mail.
-The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action
A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
No partnership or agency.
Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, nor constitute either party the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
A person who is not a party to the Contract shall not have any rights to enforce its terms.
This Contract contains the entire agreement and understanding of the parties relating to the subject matter of this Contract and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between the parties, whether written or oral.
Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions shall be effective unless it is agreed in writing and signed by the Seller.
This agreement and any dispute or claim arising out of or in connection with it or its 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.
Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).