Consumer terms and conditions of service

Metacentric has terms of service that are tailored to private individuals, or "consumers", and business customers separately. The terms and conditions on this page apply to consumers.

1. Our contract

1.1 We must receive payment of the whole of the price for any goods that you order before your order can be accepted. Once payment has been received by us, we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.

1.2 Regarding any service provision, or acceptance of your order and confirmation of that acceptance via email brings into existence a legally binding contract between us.

2. Price

2.1 The prices payable for the goods and services that you order are as set out in our Web site.

2.2 You will be required to pay extra for delivery of goods and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our Web site.

3. Right for you to cancel your contract

3.1 You may cancel your contract with us for any goods or service provision you order at any time up to the end of the seventh working day from the date you receive the service provision or goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.

3.2 You cannot cancel your contract if you have taken any audio or video recording or computer software out of the sealed package in which it was delivered to you.

3.3 To cancel your contract you must notify us in writing or via our Web site.

3.4 If you have received goods or any service provision before you cancel your contract then unless, under clause 3.2 you do not have a right to cancel, you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed any goods for delivery, you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.

3.5 Once you have notified us that you are cancelling your contract, (in the case of any goods ordered by you only and not to any service provision) any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you, or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.

3.6 In the case of cancellation of service provision, payments will be made in arrears and a final invoice will be sent to you from us detailing the outstanding charge from your last payment to the date of cancellation.

4. Cancellation by us

4.1 We reserve the right to cancel the contract between us if:

4.1.1 we have insufficient stock to deliver any goods you have ordered;

4.1.2 we do not deliver to your area; or

4.1.3 one or more of any extra goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

4.1.4 the content of your site infringes any copyright, trademarks, patents, trade secrets, rights of privacy and publicity of any third parties.

4.1.5 the contents of your site contains in our sole discretion libelous or defamatory statements or contents likely to cause offence, harassment, mental threat to others.

4.1.6 the site promotes illegal activities including, but not limited to: illegal software, sometimes known as warez or cracks; unlicensed or unauthorized recordings or reproductions of copyright material, digital or otherwise; tools, passwords or other information that may be used for gaining illegal access to computer systems.

4.1.7 your site promotes or delivers unsolicited email advertising or "spam", or gathers or redistributes personal email addresses to third parties for such purposes without permission.

4.1.8 your site contains or promotes sexually suggestive or explicit sexual content including nudity in any form.

4.1.9 your site denigrates or seeks to offend or would reasonably be taken to cause offence to people directly or by general statements about race, ethnicity, gender, sexual orientation or religion by use of language or images or stereotypical depictions.

4.1.10 your site promotes the use of legal drugs, alcohol or cigarettes.

4.1.11 your site perpetrates fraud or any other criminal deception.

4.1.12 any other reason which in our sole discretion would affect our reputation or the quality of the reputation of any of the products or service provision that we offer.

4.2 It is your responsibility to ensure that all content within Web site directories registered with our service conforms with these terms of service, and is in a format and condition suitable for processing by our systems.

4.3 You must not compromise our systems or its ability to deliver services by any means including, but not limited to: the intentional submission or upload of data or code that is likely to cause damage or disrupt the service; the submission of overwhelmingly large or frequent service requests over a sustained period; attempting to access, copy, decompile or otherwise re-construct or re-use our service delivery software; exposing system security features to unauthorised access or indicating to others how system security could be breached; failing to keep system passwords confidential and secure.

4.4 If we do cancel your contract, we will notify you by email and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

5. Delivery of any goods or services to you

5.1 We will deliver any goods or services ordered by you to the address you give us for delivery at the time you make your order.

5.2 Delivery of any goods or commencement of any service provision will be made as soon as possible after your order is accepted and in any event within 30 days of your order. Service provision will commence once your site has been configured and accepted by us for acceptable use and will be charged as from that date.

5.3 You will become the owner of any goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

6. Liability

6.1 If any goods or service provision we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity or type, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods or service provision in question.

6.2 If you do not receive any goods or service provision ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered any goods or service provision.

If you notify a problem to us under this condition, our only obligation will be, at your option:

6.2.1 to make good any shortage or non-delivery;

6.2.2 to replace or repair any goods (or period of service provision as appropriate) that is damaged or defective; or

6.2.3 to refund to you the amount paid by you for the goods or service provision in question in whatever way we choose.

6.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for any goods or service provision in question under clause 6.2.3 above.

6.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase any goods or service provision from our site. The importation or exportation of certain of our goods or service provisions to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods or service provision you purchase.

6.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

7. Links to other sites

Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.

8. Notices

8.1 Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address and all notices from us to you will be displayed on our Web site from to time.

8.2 If for any reason there is a breach of password in relation to our system we reserve the right to change your password and notify you of the new password without prior consultation, to suspend access to the service indefinitely or terminate your service at our sole discretion depending on the nature of the breach.

9. Events beyond our control

We shall have no liability to you for any failure to deliver any goods or service provisions you have ordered or any delay in doing so or for any damage or defect to any goods or service provision delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

10. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

11. Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.

12. Trade marks

Metacentric Internet Limited is the proprietor of the Metacentric trade mark in the United Kingdom. All other trade marks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.

13. Copyright

All rights in the design, text, graphics and other material on our site and the selection or arrangement thereof are the copyright of us or other third parties. Permission is granted to electronically copy and print in hard copy portions of our site solely in connection with the acquisition of goods or services through our site. Any other use of materials on our site (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited.

14. Insolvency

If you become bankrupt or otherwise unable to pay for this service, you must notify us immediately and your contract with us will immediately be terminated.

15. Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

16. Governing law

The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

17. Entire agreement

These terms and conditions, together with our current Web site prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of any goods or service provision to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods or service provision offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

18. Definitions

In these terms and conditions:

18.1 "our site" means our presence on the Internet;

18.2 "our", "we" and "us" means Metacentric Internet Limited and, where applicable, its officers, employees and authorised agents; and

18.3 "you" and "your" include any business with which you are associated and on behalf of which you use our site ("your business").