Trading terms and conditions of BiohazardCandy.com (updated March 2021)
These terms and conditions regulate the business relationship between you and us. By using our website in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase Goods. We look forward to seeing you again when you are over 18.
We are: Biohazard Candy
Our website is: https://www.biohazardcandy.com
You are: a visitor to our website / our customer
The terms and conditions:
In this agreement:
“Consumer” means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
“Content” means the textual, visual or audio content that is encountered on Our Website. It may include, among other things: text, images, sounds, videos and animations.
“Extra Work” means all of the work we do and materials we buy to prepare or produce Specified Goods.
“Goods” means any of the goods we offer for sale on our Website, or, if the context requires, goods we sell to you. It includes Specified Goods.
“Intellectual Property” means intellectual property of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, designs, copyrights, software, discoveries, Know-how, together with all rights which are derived from those rights.
“Post” means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly;
“Specified Goods” means Goods which have been subject to work or process to your specific order.
Unless the context clearly requires otherwise, the interpretation of this agreement shall be subject to the matters listed below.
• A reference to one gender shall include any or all genders and a reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa.
• A reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
• The headings to the paragraphs of this agreement are inserted for convenience only and do not affect the interpretation.
• In the context of permission, “may not” in connection with an action of yours, means “must not”.
• Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
• A reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
• In any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
• All money sums mentioned in this agreement are calculated net of VAT, which will be charged when payment is due.
• These terms and conditions apply to all supplies of Goods by us to you. They prevail over any terms proposed by you.
Our contract with you
• This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
• Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
• Because we rely on our suppliers, we do not guarantee that Goods advertised on our website are available.
• We may change these terms from time to time. The terms that apply to you are those posted here on our website on the day you order Goods. We advise you to print a copy for your records.
• If in future, you buy Goods from us under any arrangement which does not involve your payment via our website, these terms still apply so far as they can be applied.
Acceptance of your order
• This paragraph applies to Goods which you buy from us as advertised, without change to your specific requirements.
• Your order is an offer to buy from us.
• Nothing that we do or say will amount to any acceptance of your offer until we actually dispatch the goods to you. At any point up until then, we may decline to supply the goods to you without giving any reason.
• At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason.
• If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
- accept the alternatives we offer;
- cancel all or part of your order.
Extra Work and approval of Proof / Sample
This paragraph applies to Specified Goods
• Our contract to supply Specified Goods is a contract for both the supply of Goods and the Extra Work you have asked us to do.
• Nothing said or done by us is an acceptance of an order until we confirm clear acceptance in writing, giving you details of our understanding of your exact requirements. At any point up until then, we may decline your order without giving any reason. From that time, we are both bound to these contract terms.
• If you wish to make any change to the specification of the Extra Work, you must pay us the sum we estimate that the change will cost us, based on our then current charging rates.
• If you terminate this agreement before the Specified Goods are complete, you agree to pay us for all of the Extra Work to the date of cancellation by you. In addition you will pay us a mark-up of 30% of the total cost of Extra Work.
• Prices of Goods are shown on our website.
• It is possible that the price may have increased from that posted on our Website. If that happens, we will not send your order until you have confirmed that you wish to buy at the new price.
• We will not split an order. We require the full price of your order before we will send any part of it.
• Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
• Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
• 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 dispatch it to you.
• The price of the items does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of our website before we ask you to pay.
• If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.
Security of your credit card
• We take care to make Our Website safe for you to use. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
• If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
Consumer protection: cancellation and exclusions
This paragraph applies if and only if, you are a citizen of the European Union, and you bought the Goods as a Consumer. The relevant law does not apply to Specified Goods.
• You may cancel your order at any time before we despatch your order or before the expiry of 7 working days from the date you receive your order, not including the day you received it.
• No term in this agreement shall take effect to reduce or remove any right you have under any law on account of your status as a consumer.
• As required by the Distance Selling Regulations, details of our after-sales service and guarantees, if any, are given on our website / in our catalogue.
• If you cancel before we have sent the Goods, we will refund to you the price of the Goods and the cost of delivery, if any.
• If you cancel after we have despatched the Goods, we will refund the price of the goods only.
• The option to cancel your order is not available if the Goods are:
- made to your specification (custom);
- altered to your specification.
• If you cancel your order after we have despatched the Goods, you must return them to us within 7 days in the same condition in which you received them. We cannot refund your money if the Goods have been used, worn or damaged.
• You are responsible for the cost of returning them.
• To assist us in identifying your Goods on receipt by us, we ask you to email for a returns reference to be placed below our address / returns label.
• If you fail to return the goods, within 14 days, we are entitled to arrange for their collection. If we do we shall look to you to repay us the cost of collection.
• We will refund your money within 14 days of receipt by us of the returned Goods.
• The Law expects an expert to help a buyer to avoid buying a product which may be unsuitable in some way. We are retailers. We are not experts in all of the Goods we sell. You alone must decide whether a product is suitable for your requirement.
• This paragraph does not affect your rights in the event that the Goods are faulty.
• Deliveries will be made by the carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
• If we are not able to deliver your Goods within 30 working days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
• We may deliver the Goods in instalments if they are not all available at the same time for delivery.
• Goods are sent by post. We will send you a message by email to tell you when we have despatched your order.
• If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
• Time for delivery specified on the Order, if any, is an estimate only and time shall not be of the essence.
Foreign taxes and duties
• If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.
• You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
Risk and retention of title
• Ownership of the Goods shall not pass to you until they are fully paid for, but the risk in the Goods shall be borne by you from the date of the delivery by us or our agents.
• In spite of delivery having been made, property in the Goods shall not pass from us until:
- you have paid the Price in full; and
- no other sums whatever shall be due from you to us.
Liability for subsequent defects
• We will repair or replace Goods which fail to comply with the provisions of the Sale of Goods Act 1979 or which show a defect. If you claim that the item is defective, the following conditions apply:
- the defect must be reported to us within four weeks of becoming apparent;
- the defect results only from faulty design or manufacture;
- you have returned the defective Goods or parts to us if we have so requested.
• If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the Goods free of charge.
• If we repair or replace Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
These provisions apply in the event that you return any Goods to us for any reason:
• We do not accept returns unless you buy as a consumer, or there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
• So far as possible, Goods should be returned:
- with both goods and all packaging as far as possible in their original condition;
- securely wrapped;
- at your risk and cost.
• In returning a faulty item please enclose with it a note clearly stating the fault and when it arises or arose.
• Most of the Goods are covered by the manufacturer’s guarantee for a minimum of 6 months.
• If delivery was made to a UK address, you are also protected by the Sale of Goods Act 1979 and Supply of Goods and Services Act 1982.
• If we agree that the item is faulty, we will:
- refund the cost of return carriage;
- repair or replace the item as we choose.
How we handle your data
• If you Post Content to any public area of Our Website it becomes available to the entire World. We have no control that sees neither it nor what anyone does with it.
• We need the freedom to be able to publicise our services and your own use of them. You therefore now irrevocably grant to us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, throughout the World and in any medium. You represent and warrant that you are authorised to grant all such rights.
• We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
• You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright, Designs and Patents Act 1988 s80.
• You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
• Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
• You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
• You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
• Please notify us of any security breach or unauthorised use of your account.
• We do not solicit ideas or text for improvement of our service, but if you do send to us material of any sort, you are deemed to have granted to us a licence to use it in the terms set out at sub paragraph above.
Restrictions on what you may Post to Our Website
We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.
You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
• be unlawful, or tend to incite another person to commit a crime;
• consist in commercial audio, video or music files;
• be obscene, offensive, threatening, violent, malicious or defamatory;
• be sexually explicit or pornographic;
• promote discrimination or animosity to any person on grounds of gender, race, religion, nationality, disability, sexual orientation or age;
• be likely to harass, intimidate, bully, upset, embarrass, alarm, annoy any other person;
• be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
• give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
• be made on behalf of some other person, or impersonate another person;
• use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;
• request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
• be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
• include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
• facilitate the provision of unauthorised copies of another person’s copyright work;
• link to any of the material specified in this paragraph;
• promote or endorse illegal activities, or provide instructions or information about illegal activities or other activities prohibited by these terms. Examples are: making or buying illegal weapons, stalking; providing computer viruses or distributing pirated media);
• use distribution lists that include people who have not given specific permission to be included in such distribution process;
• consist in posting excessive or repeated off-topic messages to any forum or group;
• send age-inappropriate communications or Content to anyone under the age of 18.
Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
• hyperlinks, other than those specifically authorised by us;
• keywords or words repeated, which are irrelevant to the Content Posted.
• the name, logo or trademark of any organisation other than yours.
• inaccurate, false, or misleading information;
• material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18 years old.
Removal of offensive Content
• For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
• We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
• If you are offended by any Content, the following procedure applies:
- your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
- we shall remove the offending Content as soon as we are reasonably able;
- after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
- we may re-instate the Content about which you have complained or we may not.
• In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
• you now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
Security of Our Website
We may, at our discretion, give you permission to access Our Website for the purpose of Posting or uploading Content of some sort. We may read, assess, review or moderate any Content Posted on Our Website. If we do, we need not notify you or give you a reason.
If you violate Our Website or use it unlawfully or immorally, we will take the strongest action against you that we can. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Your action may also be unlawful in other countries, where you may accordingly be subject to extradition and criminal proceedings.
You now agree that you will not, and will not allow any other person to:
• modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
• link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
• download any part of Our Website, without our express written consent;
• collect or use any product listings, descriptions, or prices;
• collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
• aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
• for any purpose use our name, any proprietary information (including images, text, page layout, or form) of ours or of our affiliates in any way and in particular to entice search robots to some other website;
• use Our Website to hack into the computer of any other person or make contact with any other computer;
• make available or upload files that contain software or other material, data or information not owned or licensed to you, including pirated computer programs, pirated music or other media or links to any such files;
• make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “Trojan horses”, “worms” or any other harmful software;
• upload or republish any part of our Content on any Internet, intranet or extranet site.
• hide or remove the banner advertisements on any page of Our Website;
• share with a third party any login credentials to Our Website;
• use on Our Website software which assists in:
- data mining, extraction or collection;
- emulating, hacking, password cracking, IP spoofing or over-loading Our Website
- “framing”, inserting pop-up windows, interstitial pages or advertisements, or similar techniques.
- performing any automated operation;
Despite the above terms, we now grant a licence to you to:
• create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
• you may copy the text of any page for your personal use in connection with the purpose of Our Website.
• Conditions, warranties or other terms implied by the law of any county other than England and Wales are excluded from this agreement to the fullest extent permitted by law.
• We or our Content suppliers may make improvements or changes to our website, the Content, or to any of the Goods, at any time and without advance notice.
• You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
• We give no warranty and make no representation, express or implied, as to:
- the quality of the Goods;
- any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
- the correspondence of the Goods with any description;
- the adequacy or appropriateness of the Goods for your purpose;
- the truth of any Content on our website;
- compliance with any law;
- non-infringement of any right.
• We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our website or the purchase of Goods.
• Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the goods or services you have purchased.
Your account with us
• You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
• If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
• You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Content, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
• Copyright works owned by you or a third party are unaffected by this agreement.
• The Intellectual Property in all work we do in the process leading to completion of the Specified Goods and in the completed Specified Goods belongs to us.
• If you change or create derivative versions of the Specified Goods, the Intellectual Property in those changed or derived versions also belongs to us.
• We now grant an exclusive license to you to use the Intellectual Property in the Specified Goods for a period of 99 years. You may not assign this licence except by way of sale or transfer of the Specified Goods.
• No amendment or variation to this agreement is valid unless in writing, signed by each of the parties or his authorised representative.
• So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
• When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
• Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or that service.
• If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
• The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
• Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
• No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
• Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by fax or by e-mail.
It shall be deemed to have been delivered:
- if delivered by hand: on the day of delivery;
- if sent by post to the correct address: within 72 hours of posting;
- If sent by fax to the correct number: within 24 hours;
- If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
• In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
• This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
• We shall not be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control.
• In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
• The validity, construction and performance of this agreement shall be governed by the laws of England and Wales.