Website terms and conditions for use.
These terms and conditions apply to the use of this website and by accessing this website and/or placing an order you agree to be bound by the terms and conditions set out below. When placing an order you will be asked to check a box marked 'I have read and agree to the Terms and Conditions' in doing so you will be accepting these Terms and Conditions and the "Order and Returns Information". If you do not agree to be bound by these terms and conditions you may not use or access this website.
"Conditions" means these terms and conditions; "Product" means a product displayed for sale on the website; "Product Description" means a product displayed for sale on the website; "Users" means the users of the website collectively; "Personal Information" means the details provided by you on registration; "We/us" means Bowens International Ltd; "Website" means the website located at www.bowensdirect.com or any subsequent URL which may replace it; "Cookies" means small text files which our website places on your computer's hard drive to store information about your shopping session and to identify your computer; "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands and "You" means a user of this website.
Use of the website
Access. You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
We may modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.
We may change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
Third party links
To provide increased value to our users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
We will treat all your personal information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation in place at any time. When you shop on this Website, we will ask you to input and will collect personal information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, and a password. We may also collect information about where you are on the internet (eg the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country where your computer is located, the pages of our website that were viewed during your visit, the products you clicked on, and any search terms that you entered on our Website. We may collect this information even if you do not register with us.
You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service.
We confirm that any personal information that you provide to us (or which is available on public registers) and any user information, from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office. We use your information only for the following purposes:
Processing your orders; For statistical or survey purposes to improve this Website and its services to you; To serve website content to you; To administer this website; If you consent, to notify you of products or special offers that may be of interest to you.
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
When you create a shopping account while ordering online you will be given the option to receive information from Bowens International Ltd by e-mail about products, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, ensure that you untick the appropriate box as you go through the registration process. You may unsubscribe from our contact list at any time by following the “unsubscribe” link in any email, by e-mailing us or telephoning us on 01255 422807 between 9am and 4pm Monday to Friday.
Your personal information may be disclosed to other businesses and to reputable third parties in order to process your order. Bowens International requires all such third parties to treat your personal information as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation in place at any time. We will not release your personal information to any company outside of Bowens International Ltd for marketing purposes.
You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your personal information and /or user information, we are entitled do so.
When entering any of our competitions, you provide your name, email address and mailing address. If you win, we will send the prize to the address entered and notify you by email. When you enter a competition, you are also included in our newsletter list to receive notice of promotions, specials and new additions to the website. You may unsubscribe at any time by following the unsubscribe link in any email received.
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
Purchase of products
Contract creation and electronic contracting.
The contract will be concluded in English.
The details of your specific contract will not be filed by bowensdirect.com. If you do require any information regarding orders you have placed with bowensdirect.com please write to us at the following address: Bowens International Ltd, 355 Old Road, Clacton on Sea, Essex, CO15 3RH.
Contract cancellation under the Distance Selling Regulations.
Please note that, if you are contracting as a consumer, you are entitled to cancel this contract if you wish provided that you exercise your right and notify us no longer than 7 working days after the day you receive the Products.
If you wish to exercise your right to cancel this contract after your order has already been dispatched, we will refund the original purchase price and delivery charge, provided that you have notified us in writing no longer than 7 working days after the day on which you receive the products, and that you have taken reasonable care of the products and not used them. Please follow the procedure set out in the Order and Returns Information.
Description of products
Each Product purchased is sold subject to its product description which sets out additional specific conditions related to that product including, without limitation, terms and conditions concerning estimated delivery charges, warranties, and after-sales service. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including product descriptions appearing on this website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our order acceptance policy.
All Products are covered by a two-year warranty against any faulty design, materials and workmanship.
If a Product does not work on arrival, or up to a maximum period of four weeks from the date of dispatch of the Product, it should be returned to the dealer/retail outlet from where is was purchased for exchange (subject to stock availability). If the faulty unit was part of a kit, the dealer/retailer may choose to only replace the unit and not the entire kit. Alternatively the dealer may offer to repair the unit as soon as possible at no charge.
If neither an exchange nor repair is possible for the faulty unit, then a full refund may be made.
If a warranty fault occurs after the initial four-week period (and within the maximum two year warranty period), then the unit should be returned to the dealer, who will arrange to repair the unit as soon as possible, at no charge.
This warranty does not apply to consumable items such as flash tubes, modelling lamps, fuses or consumable type batteries.
Should a unit be returned at any time within the two year warranty period, and it is judged to have experienced any of the following; Failure to follow working instructions correctly, Accidental or willful damage, Misuse, Alteration or repair by a non authorised Bowens service/repair centre, then the warranty will be deemed invalid and any repairs required will be payable by the owner.
The dealer, in advance of undertaking any work that may be required, should notify the cost of any repairs to the owner.
No warranty repairs can be undertaken to any units without proof of purchase.
All warranty repairs or returns must be conducted with the dealer from where the product was purchased.
Other terms and conditions may be applicable in specific countries, if stated at the time of purchase.
Promotional discount codes offered by bowensdirect.com are valid only for use as part of a purchase made via bowensdirect.com, unless otherwise stated, such promotional discounts are not valid for use as part of a purchase in any other Bowens retailer.
Intellectual property and right to use.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited. You agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Compliance with laws.
Limitation of liability.
Save for the two year warranty incorporated into these Conditions, we disclaim to the fullest extent permissible under applicable law, any and all warranties of any kind, whether express or implied, in relation to the products. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:
Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the conditions.
Notwithstanding the foregoing our liability for any losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Products supplied by us.
Nothing in the conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.