Terms and Conditions - Carbon Waves

TERMS & CONDITIONS

1. WELCOME

Welcome to the CarbonWaves.com Web Site (the ‘Site’) and a sole proprietorship as CarbonWaves (CarbonWaves, we, us, our). We provide this Site as a service to its customers. Please review the following basic rules that govern your use of our Site (the ‘Agreement’). Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site.

Although you may ‘bookmark’ a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms. CarbonWaves reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Site following any such changes constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this web site.

2. USAGE RESTRICTIONS; INTELLECTUAL PROPERTY

All of the content you see and hear on the CarbonWaves Site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by CarbonWaves, one of its affiliates or by third parties who have licensed their materials to CarbonWaves. The entire content of CarbonWaves Site is copyrighted as a collective work under applicable copyright laws, and coordination, arrangement and enhancement of the content.

The content of the CarbonWaves.com web site, and the site as a whole, are intended solely for the personal, noncommercial use by the users of our site. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, noncommercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any content or materials is transferred to you as a result of any such activities. CarbonWaves reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this web site.

CarbonWaves is an internationally registered trademark. Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from CarbonWaves.

3. USER COMMENTS, FEEDBACK, POSTCARDS, AND OTHER SUBMISSIONS

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to CarbonWaves.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the ‘Comments’) shall be and remain CarbonWaves property. Such disclosure, submission or offer of any Comments shall constitute an assignment to CarbonWaves Â of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, CarbonWaves will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. CarbonWaves is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.

4. PRICING POLICY

At CarbonWaves.com, our commitment is to offer convenience, service, and product availability on-line at compelling prices every day, with certain limited time offerings of merchandise at promotional prices.

5. COLORS

We have done our best to display as accurately as possible the colors of the products shown on the CarbonWaves.com web site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

6. CORRECTION OF ERRORS AND INACCURACIES

The information of the CarbonWaves.com web site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you. If you are not fully satisfied with your CarbonWaves.com purchase you may return it. Please see our Return Policy.

7. TYPOGRAPHICAL ERRORS

In the event a CarbonWaves.com product is listed at an incorrect price due to typographical error or systems error, CarbonWaves.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. CarbonWaves.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, CarbonWaves.com shall issue a payment to your credit card account in the amount of the incorrect price.

8. TERM; TERMINATION

These terms and conditions are applicable to you upon your accessing the site/ or completing the registration or shopping process. These terms and conditions, or any of them, may be terminated by CarbonWaves.com without notice at any time for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

9. NOTICE

CarbonWaves.com may deliver notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by first class mail to your address on record in CarbonWaves.com account information.

10. ENFORCEMENT OF TERMS AND CONDITIONS

By accessing and using the CarbonWaves.com web site, you agree that your access to and use of the CarbonWaves.com web site is subject to these Terms and Conditions, as well as all applicable laws, as governed by and construed in accordance the Law.

11. USE OF SITE

Harassment in any manner or form of the site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a CarbonWaves or other licensed employee, host, or representative as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through this site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization. Please note that you must be 18 years or older to register with the Site and to purchase goods from the Site. By registering to use the Site you warrant that you are aged 18 years of age or older.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless CarbonWaves, its officers, directors, employees, agents, licensors and suppliers (collectively the ‘Service Providers’) from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

13. THIRD PARTY LINKS

In an attempt to provide increased value to our visitors, CarbonWaves.com may choose various third-party web sites to link to from its own site. However, even if the third party is affiliated with CarbonWaves, CarbonWaves has no control over these linked sites, all of which have separate privacy and data collection practices, independent of CarbonWaves. CarbonWaves has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. None the less, CarbonWaves seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its site, but for sites it links to as well (including if a specific link does not work).

14. DISCLAIMER

THIS SITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED ‘AS IS’ AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CarbonWaves. DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CarbonWaves DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CarbonWaves DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ANY DISCLAIMERS DO NOT APPLY TO CONSUMER PURCHASES.

15. LIMITATION OF LIABILITY

CarbonWaves SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF CarbonWaves HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

16. YOUR RIGHT TO CANCEL

At CarbonWaves.com we want you to be delighted every time you shop with us. Occasionally though, we know you may want to return items. To read more about our Returns Policy please

To cancel this contract, please notify customer care that you are returning your order, and wait for further instructions once you have the information then pack the relevant item securely and send it to us with the returns slip so that we receive it within 7 working days after the day of the date that the item was delivered to you. Send the parcel using any secure and traceable method i.e. Recorded/Special delivery, and retain your proof of postage receipt. Please be sure your package is insured and prepaid.

18. DATA PROTECTION

By submitting an order you agree to the processing by us of your personal information and the disclosure of that information as set out in this clause 8. Further information about the manner in which we process your information is set out in our privacy policy.

We may use any personal information provided to us by you or obtained by us from any third party relating to you for any purposes relating to the provision of our goods and services.

You agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

We may notify you by e-mail or by post about goods and services available from CarbonWaves. If you would prefer not to receive such information please e-mail using the contact us form.

We do not disclose any personal information provided to us by you or obtained by us from any third party relating to you to. All personal information is used for internal use only.

19. SECURITY POLICY

We use secure socket layer technology (ssl). This means that when you place orders with us on our secure online ordering system, all of the information is encrypted or scrambled, so that the data you send is an unintelligible string of seemingly random characters. When these characters are received by our web server, the server’s ssl software converts them back into useful information. The same thing happens with data you receive from our server. Your interactions are therefore private.

PROTECTING YOUR SECURITY

To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

We will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

PAYPAL

So that all online credit and debit card transactions are protected by the highest possible levels of security, we use PayPal for all transactions.

20. PRIVACY POLICY

We take the security and privacy of our customers seriously and this policy sets out how we handle information about you and your rights in respect of that information.

What information do we hold and how do we obtain it? Generally we receive information directly from you when you place an order with us to buy our goods. Such information includes your name, address, email address, telephone number and credit card details.

For what purposes do we use your information? We use your information for a number of purposes including: – to perform our contractual obligations to you and to ensure that goods are supplied to you as efficiently as possible – for other non-contractual reasons.

We, or reputable third parties acting on our behalf, may use your information:

TO IDENTIFY AND MAINTAIN RECORDS OF YOUR PURCHASES WITH US

To ensure that the goods and services we offer to you are appropriate for your needs,

To respond to any query you may raise with us about our goods,

To update our systems for providing you with an enhanced service,

For our customers’ protection, we always check a certain percentage of our orders at random to confirm the details of the order match those of the cardholder on file. For this reason, we may ask you for some additional information. This would be a copy of the front and back of the card used to make the purchase, or a copy of a photo ID such as a valid drivers license or passport. We will also require some proof of address along with the copy of the photo ID.

OTHER PURPOSES

We will also use information about you for purposes upon which the provision of our goods and services are not necessarily dependent. We may:

disclose information about you to third party agencies for credit checking purposes (which information may be shared with other organisations for the same purpose)
use information about you to inform you (by post email or telephone) about other services we offer or which are offered by other companies within our group or any of the other companies with which we work
use information about your account with us for our internal customer service monitoring and training purposes
TRANSFERS OVERSEAS

Please note that disclosures we may make may take place via electronic means and may involve the transfer of personal data relating to you to countries outside the european economic area which countries do not have in place adequate rules relating to data protection and privacy of personal data.

SALE OF OUR BUSINESS

You acknowledge that data you provide to us may be transferred to any person, firm or company to whom we sell the whole or a substantial part of our business or to whom we transfer any of our rights or obligations under a contract with you.

TAKING CARE OF YOUR DATA

We will endeavor to keep any information which we hold about you up to date and accurate. To help us to do this, please keep us informed if any of your details change.

We will endeavor to protect your data against unauthorized or unlawful use.

EMAIL OPT OUT

To unsubscribe email contact us

21. THIRD PARTY RIGHTS

The statutory right of any person other than you or us to enforce any of these provisions is excluded.

22. ORDER PLACEMENT

While browsing the website, items can be added to the shopping basket by choosing a size followed by clicking the button “add to basket “. You can either continue shopping or go to the checkout. The checkout pages will guide you through the rest of buying process. You will be able to delete items from the cart or make a change the quantity at any time.

23. SEVERANCE

If any term shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law that term shall to that extent be deemed not to form part of these terms and the enforceability of the remainder of the terms shall not be affected.

24. RETURNS AND REFUNDS

We hope that all of our customers are happy with their purchases. If any product we deliver is not what you ordered or is defective or damaged, please let our Customer Service Department know as soon as possible and we will provide a refund or replacement in accordance with our Returns Policy.