Privacy Policy[1]

We are committed to safeguarding the privacy of our website visitors; this policy[2] sets out how we will treat your personal information.[3]
[Our website uses cookies. [We will ask you to consent to our use of cookies in accordance with the terms of this policy when you first visit our website. / By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.][4]]
(1)      What information do we collect?
We may collect, store and use the following kinds of personal information:
[(a)    information about your computer and about your visits to and use of this website (including [your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views, website navigation and [details]]);]
[(b)    information relating to any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services ]
[(c)     information that you provide to us for the purpose of registering with us ]
[(d)    information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters ]
[(e)    any other information that you choose to send to us; and]
[(f)     other information.][5]
[Before you disclose to us the personal information of another person, you must obtain that person’s consent to both the disclosure and the processing of that personal information in accordance with the terms of this privacy policy.]
[(2)     Cookies[6]
A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.
We [may] use [both] [“session” cookies] [and “persistent” cookies] on the website. [Session cookies will be deleted from your computer when you close your browser.] [Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.]
[We will use the session cookies to: keep track of you whilst you navigate the website; keep track of items in your shopping basket; prevent fraud and increase website security; and [other uses].] [We will use the persistent cookies to: enable our website to recognise you when you visit; keep track of your preferences in relation to your use of our website; and [other uses].]
[We use Google Analytics to analyse the use of this website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers. The information generated relating to our website is used to create reports about the use of the website. Google will store this information. Google’s privacy policy is available at: http://www.google.com/privacypolicy.html.][7]
[Our [advertisers / payment services providers] may also send you cookies.][8]
[We publish Google AdSense interest-based advertisements on our website. These are tailored by Google to reflect your interests. To determine your interests, Google will track your behaviour on our website and on other websites across the web using the DART cookie. You can view, delete or add interest categories associated with your browser using Google’s Ads Preference Manager, available at: http://www.google.com/ads/preferences/. You can opt out of the AdSense partner network cookie at: http://www.google.com/privacy/ads/ or by using the NAI’s (Network Advertising Initiative’s) multi-cookie opt-out mechanism at: http://www.networkadvertising.org/managing/opt_out.asp. However, these opt-out mechanisms use cookies, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you should use the Google browser plug-in available at: http://www.google.com/ads/preferences/plugin.][9]
[You can manage your preferences relating to the use of cookies on our website by visiting http://www.block-head.com.]
Most browsers allow you to reject all cookies, whilst some browsers allow you to reject just third party cookies. For example, in Internet Explorer (version 9) you can refuse all cookies by clicking “Tools”, “Internet options”, “Privacy”, and selecting “Block All Cookies” using the sliding selector. Blocking all cookies will, however, have a negative impact upon the usability of many websites[, including this one].]
(3)      Using your personal information
Personal information submitted to us via this website will be used for the purposes specified in this privacy policy or in relevant parts of the website.
We may use your personal information to:
[(a)    administer the website;]
[(b)    improve your browsing experience by personalising the website;]
[(c)     enable your use of the services available on the website;]
[(d)    send you goods purchased via the website, and supply to you services purchased via the website;]
[(e)    send statements and invoices to you, and collect payments from you;]
[(f)     send you general (non-marketing) commercial communications;]
[(g)    send you email notifications which you have specifically requested;]
[(h)    send you [our newsletter and other] marketing communications relating to our business [or the businesses of carefully-selected third parties] which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (and you can inform us at any time if you no longer require marketing communications);][10]
[(i)     provide third parties with statistical information about our users – but this information will not be used to identify any individual user;]
[(j)     deal with enquiries and complaints made by or about you relating to the website;]
[(k)    keep the website secure and prevent fraud;]
[(l)     verify compliance with the terms and conditions governing the use of the website [(including monitoring private messages sent through our website private messaging service)]; and]
[(m)   [other uses].][11]
[Where you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the licence you grant to us.][12]
[Your privacy settings can be used to limit the publication of your information on the website. You can adjust your privacy settings by [describe how].]
[We will not, without your express consent, provide your personal information to any third parties for the purpose of direct marketing.][13]
[All our website financial transactions are handled through our payment services provider, [PayPal]. You can review the [PayPal] privacy policy at [www.paypal.com]. We will share information with [PayPal] only to the extent necessary for the purposes of processing payments you make via our website, refunding such payments and dealing with complaints and queries relating to such payments and refunds.][14]
(4)      Disclosures
We may disclose your personal information to [any of our employees, officers, agents, suppliers or subcontractors] insofar as reasonably necessary for the purposes set out in this privacy policy.
[We may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this privacy policy.]
In addition, we may disclose your personal information:
(a)      to the extent that we are required to do so by law;
(b)      in connection with any ongoing or prospective legal proceedings;
(c)      in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
[(d)    to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and]
[(e)    to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.]
Except as provided in this privacy policy, we will not provide your information to third parties.
(5)      International data transfers[15]
Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this privacy policy.
Information which you provide may be transferred to countries [(including [the United States], [Japan], [other countries])] which do not have data protection laws equivalent to those in force in the European Economic Area.
[In addition, [personal information that you submit for publication on the website] will be published on the internet and may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.]
You expressly agree to such transfers of personal information.
(6)      Security of your personal information
We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
We will store all the personal information you provide on our secure (password- and firewall-protected) servers.[16]
[All electronic transactions entered into via the website will be protected by encryption technology.]
You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
[You are responsible for keeping your password [and other login details] confidential. We will not ask you for your password (except when you log in to the website).]
(7)      Policy amendments[17]
We may update this privacy policy from time to time by posting a new version on our website. You should check this page occasionally to ensure you are happy with any changes.
[We may also notify you of changes to our privacy policy by email.]
(8)      Your rights
You may instruct us to provide you with any personal information we hold about you. Provision of such information will be subject to:
(a)      the payment of a fee (currently fixed at GBP 10); and
(b)      the supply of appropriate evidence of your identity [(for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address)].
We may withhold such personal information to the extent permitted by law.
You may instruct us not to process your personal information for marketing purposes[, by sending an email to us]. In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.
(9)      Third party websites
The website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.
(10)    Updating information
Please let us know if the personal information which we hold about you needs to be corrected or updated.
(11)    Contact
If you have any questions about this privacy policy or our treatment of your personal information, please write to us by email to [email] or by post to [postal address].[18]
(12)    Data controller
The data controller responsible in respect of the information collected on this website is [company/business name].
Our data protection registration number is [number].[19]
[1]    The purpose of a website privacy policy is help website operators comply with data protection legislation. In the UK, that primarily means compliance with the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003. Failure to comply with data protection legislation can lead to civil liability and criminal law penalties.
     Our template privacy policy is designed for use by businesses based in the UK (although the UK data protection regime derives from EU law, there are differences in how that EU law has been implemented in the different member states of the EU). The template is designed for websites which collect standard kinds of non-sensitive personal data for standard kinds of use. It may be unsuitable for websites which collect sensitive personal data (such as information relating to a person’s health, sexuality, ethnicity or politics) or which collect personal information from children. It may be suitable, for example, for use with websites which act as online company brochures or online shops.
     The template privacy policy will need to be edited before it is ready for use. Square brackets in the document indicate the sections which need or are likely to need to be edited. However, you should of course carefully review the whole document to ensure that it meets with your requirements. You should also regularly review your privacy policy to ensure that it remains up to date, both with respect to the law and to your business’s use of personal data. Please note that the use of a privacy policy does not exhaust your data protection obligations. If you are in any doubt regarding the preparation of your privacy policy or your data protection obligations generally, you should seek professional advice.
[2]    The privacy policy should be clearly and easily accessible to website visitors from the website home page and any page which collects personal data (eg “The personal information we collect on this page will be treated in accordance with our privacy policy”). In addition, key information about the use of personal data should be provided on the page where the data is collected, rather than in a separate document.
[3]    “Personal information”: for day-to-day purposes, it is best to assume that all information which relates to a living individual constitutes personal information. (We use “personal data” and “personal information” interchangeably in this template.)
[4]    The inclusion of this statement in your privacy policy will not in itself satisfy the requirements of the Privacy and Electronic Communications (EC Directive) Regulations 2003 as regards consent to the use of cookies. Guidance concerning methods of obtaining such consent is included on the Information Commissioner’s website (http://www.ico.gov.uk).
[5]    You should list in this provision all of the different kinds of personal information which will be collected over or in relation to your website. We have suggested a number of common categories.
[6]    If your site does not use cookies, the paragraphs on cookies can be deleted.
     The rules concerning cookies are set out in Regulation 6 of the Privacy and Electronic Communications (EC Directive) Regulations 2003 (as amended). Regulation 6 provides that:
     “(1) Subject to paragraph (4), a person shall not store or gain access to information stored, in the terminal equipment of a subscriber or user unless the requirements of paragraph (2) are met.
     (2) The requirements are that the subscriber or user of that terminal equipment—(a) is provided with clear and comprehensive information about the purposes of the storage of, or access to, that information; and (b) has given his or her consent.
     (3) Where an electronic communications network is used by the same person to store or access information in the terminal equipment of a subscriber or user on more than one occasion, it is sufficient for the purposes of this regulation that the requirements of paragraph (2) are met in respect of the initial use.
       (3A) For the purposes of paragraph (2), consent may be signified by a subscriber who amends or sets controls on the internet browser which the subscriber uses or by using another application or programme to signify consent.
     (4) Paragraph (1) shall not apply to the technical storage of, or access to, information—(a) for the sole purpose of carrying out the transmission of a communication over an electronic communications network; or (b) where such storage or access is strictly necessary for the provision of an information society service requested by the subscriber or user.”
[7]    If you do not use Google Analytics, you should check whether your analytics system uses cookies and include an appropriate explanatory paragraph if it does.
[8]    If so, you should provide details. The following paragraphs give examples.
[9]    This text should be used if you publish Google AdSense interest-based advertisements on your website. Additional disclosures will be required if you have not opted out of third-party ad serving. For more information, see: https://www.google.com/adsense/support/bin/answer.py?hl=en&answer=100557.
[10]   As a general rule, where you plan to use personal information you have collected for the purpose of direct marketing, this should be made clear on the page where the information is collected, and you should ensure that this only happens if users opt in to the marketing (eg “Click here if you would like us to send you information by email about products which we think will interest you.”). There are, however, exceptions to this general rule. There are also rules about the content of direct marketing communications. If you are in any doubt about complying with your legal obligations in relation to direct marketing, you should seek professional advice.
[11]   You must list here all the uses to which you will (or may in future) put personal data. Again, we have suggested some common categories.
[12]   The relevant licence should be set out in the appropriate disclaimer/terms of use/terms of subscription etc document.
[13]   It is good practice to also say what you will not do with personal information (within reason).
[14]   You should insert details of any payment services provider(s) you use here. If you do not collect payments on your website, you can delete this section.
[15]   Give as much detail as possible about any such international transfers. You also need to be aware that the inclusion of this provision will not be sufficient to ensure that all international transfers of personal data are lawful. If in doubt, you should take professional advice on this point.
[16]   There is an obligation upon data controllers to store personal data securely. You should provide details of your security measures here.
[17]   Changes to the policy – in particular as to permissible uses of personal data – may not be retrospective. In other words, if you collect personal information on one basis, you cannot, simply by changing the terms of your policy, go on to legitimately use that information on a different basis.
[18]   You should include a postal address as well as an email address.
[19]   You should check whether you need to obtain a data protection registration. You can find out about this on the Information Commissioner’s website at http://www.ico.gov.uk.
Returns Policy
(1) Introduction
We understand that from time to time you may wish to return a product to us.
We have created this [30/60/90]-day returns policy to enable you to return products to us in appropriate circumstances.
[This returns policy applies [to customers in England and Wales / irrespective of your geographical location].]
This policy does not affect your statutory rights  (such as your rights under the Sale of Goods Act 1979 and the Consumer Protection (Distance Selling) Regulations 2000).
(2) Returns
Where you have no other legal right to return a product and receive a refund or exchange, then you will nonetheless be entitled to return a product to us where:
(a) we receive the returned product within [30/60/90] days following the date of [purchase / delivery] of the product;
(b) the returned product is unused, in its original [unopened] packaging [(with any seal or shrink-wrap intact)][, with any labels still attached,] and otherwise in a condition enabling us to sell the product as new;
(c) you comply with the returns procedure set out below; and
(d) none of the exclusions set out below apply.
(3) Returns procedure
In order to take advantage of your rights under this returns policy, you must: [detail procedures]
Products returned under this policy must be sent [by recorded delivery] to:
[address]
[You will be responsible for paying postage costs associated with returns under this policy.]
(4) Exclusions
The following kinds of products may not be returned under this policy:
[(a) food, drink and any other products liable to deteriorate within the period set out in Section 1 and 2 above;
(b) DVDs, CDs and other audio or video or audio-visual recordings;
(c) computer software (whether on CD-ROM, DVD-ROM or otherwise);
(d) newspapers, periodicals, magazines or similar products;
(e) toiletries and cosmetics;
(f) any product made to your specification;
(g) any product made to order;
(h) any product personalised or adapted for you;
(i) gift vouchers.]
(5) Refunds
We will give you a refund for the full price of any product properly returned by you in accordance with the terms of this returns policy ([including / excluding] the original delivery charges and [including / excluding] the costs of returning the product to us).
We will usually refund any money received from you [using the same method originally used by you to pay for your purchase /  cheque].
We will process the refund due to you as soon as possible and, in any event, within [30] days following the day we received your returned product.
(6) Improper returns
Where you return a product in contravention of this policy (and where you do not have any other legal right to return the product):
(a) we will not refund or exchange the product;
(b) we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and
(c) if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.
(7) About us
Our full name is [name].
Our [registered office is [address] and our] principal trading address is [address].
[Our company registration number is [number].]
Our email address is [email].
[Our VAT number is [VAT number].]
Terms of Use (online shop)
(1) Introduction
These terms of use govern your use of our website; by using our website, you accept these terms of use in full.    If you disagree with these terms of use or any part of these terms of use, you must not use our website.
If you register with our website we will ask you to expressly agree to these terms of use.
[You must be at least [18] years of age to use our website.  By using our website and by agreeing to these terms of use, you warrant and represent that you are at least [18] years of age. ]
[Our website uses cookies.  By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our [privacy policy / cookies policy].]
(2) Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website.  Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages [or [other content]]  from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
[(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;]
[(e) edit or otherwise modify any material on the website; or]
[(f) redistribute material from this website [except for content specifically and expressly made available for redistribution [(such as our newsletter)].]
[Where content is specifically made available for redistribution, it may only be redistributed[within your organisation].]
(3) Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
(4) Products
The advertising of products on our website constitutes an “invitation to treat” – not a contractual offer.
Prices stated on our website may be stated incorrectly.
The purchase of products via our website will be subject to our [terms of sale] .
We will ask you to agree to our [terms of sale] each time you purchase a product or products via our website.
[(5) Product reviews
In these terms of use, “your reviews” means material (including without limitation [text, images, audio material, video material and audio-visual material]) that you submit to us for publication on our website [whether as a product review or otherwise].
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your reviews in any existing or future media.  You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
You warrant and represent that your reviews will comply with these terms of use.
Your reviews must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law and in any jurisdiction).
Your reviews (and their publication on our website) must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy, or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
[(l) depict violence [in an explicit, graphic or gratuitous manner];]
[(m) be pornographic [or sexually explicit];]
[(n) be untrue, false, inaccurate or misleading;]
[(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;]
[(p) constitute spam;]
[(q) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or]
[(r) cause annoyance, inconvenience or needless anxiety to any person.]
[Your reviews must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.]
[You must not use any review to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.]
You must not submit any reviews to the website that are or have ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any reviews submitted to our website, or stored on our servers, or hosted or published upon our website.
[Notwithstanding our rights under these terms of use in relation to your reviews, we do not undertake to monitor the submission of reviews to, or the publication of reviews on, our website.]
(6) Limited warranties
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(7) Limitations and exclusions of liability
Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.  If you are a consumer, any statutory rights that you have, that cannot be excluded or limited, will not be affected by these terms of use.
The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
[To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.]
[We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.]
[We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. ]
[We will not be liable to you in respect of any loss or corruption of any data, database or software.]
[We will not be liable to you in respect of any special, indirect or consequential loss or damage. ]
(8) Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use[, or arising out of any claim that you have breached any provision of these terms of use].
(9) Breaches of these terms of use
Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the website;
(c) permanently prohibit you from accessing the website;
(d) block computers using your IP address from accessing the website;
(e) contact your internet services provider and request that they block your access to the website;
(f) bring court proceedings against you for breach of contract or otherwise; and/or
[(g) suspend and/or delete your account with the website.]
(10) Variation
We may revise these terms of use from time-to-time.  Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website.  Please check this page regularly to ensure you are familiar with the current version.
(11) Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.
(12) Severability
If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(13) Exclusion of third party rights
These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.
(14) Entire agreement
These terms of use [, together with our privacy policy,]  constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
(15) Law and jurisdiction
These terms of use will be governed by and construed in accordance with English  law, and any disputes relating to these terms of use will be subject to the [non-]exclusive  jurisdiction of the courts of England and Wales.
[Our VAT number is [number].] ]
(17) Our details
Our full name is Blockhead Ultimate Limited.
Our registered office is Lonsdale House, 7-9 Lonsdale Gardens, Tunbridge Wells, Kent, TN1 1NU which is also our trading address.
Our company registration number is 3367853.
Our email address is enquiries@block-head.com.
Our VAT number is 697 176 087.
Terms of Sale (consumers)
(1)Introduction
Please read these terms of sale carefully.
You will be asked to expressly agree  to these terms of sale before you place an order for products from our website.
(2)Interpretation
In these terms of sale, “we” means [seller name]  (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
(3)Order process
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer.  No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps: [describe different technical steps to follow to conclude contract – e.g.: “(i) you must add  the products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; (iii) once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these terms of sale; (iv) you will be transferred to the PayPal website, and PayPal will handle your payment; (v) we will then send you an initial acknowledgement ; and (vi) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.”]
We will not file a copy of these terms of sale specifically in relation to your order.  We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible.  We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by [describe how].  You may correct those input errors before placing your order by [describe how].
(4)The products
[Describe products]
(5)Price and payment
Prices for products are quoted on our website.  The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect.  We will verify prices as part of our sale procedures so that a product’s correct price will be stated [when you pay for the product].
In addition to the price of the products, you will have to pay a delivery charge.
Payment must be made [upon the submission of your order].  We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website include all value added taxes (where applicable).
Payment for all products must be made by Paypal.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
[If you dispute any payment made to us you must contact us immediately and provide full details of your claim.  If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within [7] days following the date of the charge-back: (i) an amount equal to the amount of the charge-back; (ii) all third party expenses incurred by us in relation to the charge-back (include charges made by our or your bank or payment processor or card issuer); (iii) an administration fee of GBP [amount] [(including VAT)]; and (iv) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees).]
[Without prejudice to our other rights, if you submit an unjustified credit card, debit card  or other charge-back, then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.]
[For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.]
(6)Your warranties
You warrant to us that:
(a)you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b)the information provided in your order is accurate and complete;
(c)you will be able to accept delivery of the products;
[(d)you are resident in England or Wales; and]
[(e)you are at least 18 years of age.]
(7)Delivery policy
We will arrange for the products to be delivered to the address for delivery indicated in your order.
We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within [number] days of the date of our order confirmation.  However, we cannot guarantee delivery by the relevant date.  We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within [30]  days of the later of receipt of payment and the date of our order confirmation.
[We will only deliver products within England and Wales.]
(8)Risk and ownership
The products will be at your risk from the time of delivery.  Ownership of the products will only pass to you upon the later of:
(a)delivery of the products; and
(b)receipt by us of full payment of all sums due in respect of the products (including delivery charges).
We will be entitled to recover payment for the products even where ownership has not passed to you.
(9)“Cooling off” period
Under the Distance Selling Regulations, you may cancel a distance contract to purchase a product or products from us at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out below).
In order to cancel a contract in this way, you must give to us written notice of cancellation.
[You will not have any such right insofar as a contract relates to: (i) the supply of any products which constitute audio or video recordings or computer software which have been unsealed by you; (ii) the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control; (iii) the supply of newspapers, periodicals or magazines; (iv) the supply of goods made to your specifications or clearly personalised; or (v) the supply of goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.]
If you cancel a contract on this basis, you must promptly return the products to us, in the same condition in which you received them.
If you cancel a contract on this basis, you will be refunded in full (including the cost of sending the products to you).  However, you will be responsible for paying the cost of returning the product to us.
If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so.  Similarly, if you return the products at our expense, we may pass that expense on to you.
(10)Statutory rights
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
(11)Refunds
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
(12)Limitations and exclusions of liability
Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c)limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987; (d) limit any liability of a party in any way that is not permitted under applicable law; or (e) exclude any liability of a party that may not be excluded under applicable law.  Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the terms of sale.
[The limitations and exclusions of liability set out in this Section [and elsewhere in the terms of sale]: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.]
[We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.]
[We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.]
(13)General terms
We will treat all your personal information that we collect in connection with your order in accordance with the terms of [our privacy policy]; use of our website will be subject to [our website terms of use].
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us.  We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale.   Any attempt by you to do so will be null and void.  We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section [12]: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with English law,  and the courts of England and Wales will have [non-]exclusive  jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
(14)About us
Our full name is Blockhead Ultimate Limited.
Our registered office is Lonsdale House, 7-9 Lonsdale Gardens, Tunbridge Wells, Kent, TN1 1NU which is also our trading address.
Our company registration number is 3367853.
Our email address is enquiries@block-head.com.
Our VAT number is 697 176 087.