CUSTOMER TERMS & CONDITIONS
IMPORTANT NOTE: As well as reading the following terms & conditions to which you have agreed by using this Site, you should also refer to the terms and conditions of each individual seller (“Seller”) on their webpages before making any order.
Acceptance of the Terms
These provisions (including the Privacy Policy together with any other documents referred to in these provisions) set out the terms and conditions (the “Customer Terms”) on which you may make use of the itsmylocalmarket.com website (the “Site”).
Bauer may update these Customer Terms (and the documents referred to in them) and any aspect of the Site from time to time and will notify such changes to you by uploading details of them on the Site. You should review the Customer Terms periodically for changes. By using the Site, you agree to be bound by these Customer Terms. If you do not agree to these Customer Terms, then please do not use the Site or any part of them.
- About Bauer
The Site is operated by Bauer Radio Limited (“Bauer”). Bauer is registered in England and Wales under company number 1394141 and with Bauer’s registered office address at Media House, Lynch Wood, Peterborough Business Park, Peterborough, PE2 6EA. Bauer’s VAT number is GB 918561701.
- Accessing Bauer’s Site
Access to the Site is permitted on a temporary basis, and Bauer reserves the right to withdraw or amend the services they provide through the Site without notice. Bauer will not be liable if for any reason any of the Site is unavailable at any time or for any period.
From time to time, Bauer may restrict access to any or all of the Site. Any information provided by you is processed by Bauer in accordance with their Privacy Policy. By accessing the Site, you agree to the terms of Bauer’s Privacy Policy.
- Intellectual Property Rights
Bauer owns, or are the licensee to, all rights, titles and interests in and to the Site, including all rights under patents, copyrights, trade secrets or trademark laws, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from any other part of the Site.
You must not extract or otherwise use any of the content on the Site for commercial purposes without obtaining a licence to do so from Bauer.
Bauer respects the intellectual property rights of others and Bauer asks Bauer’s Sellers to do the same. If you are aware that any of your intellectual property rights have been infringed on the Site, please contact Bauer to report the concern.
- Description of the It’s My Local Market Service
Please note that when you decide to purchase goods and/or services the resulting legal contract is between you and that Seller and such contract shall comprise of these Customer Terms and the Sellers’ terms and conditions and you agree to be bound by all such provisions.
You should carefully review the Customer Terms and the Sellers’ terms and conditions. If there is any conflict or inconsistency between these Customer Terms and the Sellers’ terms and conditions, these Customer Terms shall prevail to the extent of the conflict or inconsistency.
Bauer cannot give any undertaking, that goods and/or services you purchase from Sellers through the Site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by Bauer absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Seller.
Bauer does not review or control, and is not responsible in any way for, listings provided by Sellers and at no time does Bauer possess any items offered for sale by Sellers through the Site.
- Disclaimer of Warranties and Limitation of Liability
(a)To the fullest extent permitted by applicable laws, Bauer disclaims responsibility for any harm resulting from your use of any part of the Site.
(b) The Site is provided “as is” and “as available” and Bauer expressly disclaims to the fullest extent permitted by law, all express, implied and statutory warranties.
(c) Nothing in these Customer Terms shall limit or exclude Bauer’s liability for fraudulent misrepresentation, for death or personal injury resulting from Bauer’s negligence or the negligence of Bauer’s agents or employees or for any other liability that cannot be limited or excluded by law.
(d) Where Bauer or a Seller is prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond Bauer or the Sellers’ reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Sellers’ workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either Bauer or the Sellers’ (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.
(e) This clause 5 sets out the entire liability of Bauer to you and, except as provided in this clause, all other liability is excluded.
- Delivery Arrangements
Delivery arrangements are under the sole responsibility of the Seller. Bauer is not responsible for any delivery arrangements. The Seller shall provide the details of postage and packing. The delivery costs for each Seller vary according to the delivery methods they offer.
- Returns and Refunds
Please see the Sellers’ returns & refunds policies if you wish to discuss or organise a return, replacement or refund of an item. Unfortunately, some items are non-cancellable and non-refundable, please see the Sellers’ returns & refunds policies for more information. Bauer is not responsible for any returns nor refunds.
- Links
You may link to Bauer’s home page on the Site, provided you do so in a way that is fair and legal and does not damage Bauer’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Bauer’s part where none exists. Bauer expressly reserves the right to revoke the right granted in this clause for breach of these Customer Terms and to take any action it deems appropriate.
Bauer’s Site must not be framed on any other website, nor may you create a link to any part of Bauer’s Site other than the home page. Bauer reserves the right to withdraw linking permission at any time.
The Site provides links to other websites for your information. If you use these links, you leave the Site. Bauer has not reviewed these third party websites and Bauer has no control over such sites or resources. Bauer therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. Bauer accepts no responsibility for third party websites or for any loss or damage that may arise from your use of them including the group gifting application which is provided by a third party.
- Viruses, hacking and other offences
You must not misuse Bauer’s Site or any part of the Site by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Bauer’s Site, the server on which Bauer’s Site is stored or any server, computer or database connected to Bauer’s Site. You must not attack Bauer’s Site via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Bauer will report any such breach to the relevant law enforcement authorities and they will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Bauer’s Site will cease immediately.
- Waiver
If Bauer fails at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if Bauer fails to exercise any of the rights or remedies to which they are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by Bauer of any default shall not constitute a waiver of any subsequent default. No waiver by Bauer of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
- Severability
If any of these Customer Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Entire Agreement
These Customer Terms and any documents expressly referred to in them constitute the entire agreement between you and Bauer and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between you and Bauer, whether written or oral, relating to its subject matter. You agree that you shall not have any remedies in respect of any representation or warranty (express or implied) that is not set out in these Customer Terms or any documents expressly referred to in them. You shall not have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.
- Rights of Third Parties
No provision of these Customer Terms shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of the Seller) under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- Law and Jurisdiction
Any dispute arising from, or related to, these terms shall be subject to the exclusive jurisdiction of the courts of England.
- Feedback and Complaints
Please contact Bauer at complaints@bauermedia.co.uk. Complaints about a specific Seller, goods or services must be directed to the Seller concerned for resolution directly with them. If you have made a complaint and have exhausted all of the dispute resolution options available to you through Bauer’s Site and with the Seller.