Terms of use

Terms of use of www.swan-brand.co.uk and SHOP.SWAN-BRAND.CO.UK  

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE

These terms set out the rules for using our website, www.swan-brand.co.uk, and online shop, shop.swan-brand.co.uk (Sites).

By using the Sites, you accept these terms

If you do not agree to these terms, you must not use the Sites.

1. Introduction

   Who we are

   The Sites are operated by Swan Products Limited, a company registered in England and Wales under company number 06473372, with its registered office at c/o Knights & Sons Limited, The Brampton, Newcastle-under-Lyme, Staffordshire, ST5 0QW.  Our VAT number is: GB 926761108.

   To contact us, please see the use the functionality on the “Support” page of the Sites.

   There are other terms that may apply to you

   These terms refer to the following additional documents, which also apply to your use of the Sites:

   • Our Privacy Policy (available here), which sets out information on the personal data we collect from you, or that you provide to us, how we may use that data and your rights in respect of that.
   • Our Cookie Policy (available here), which sets out information about the cookies that we use on the Sites.
   • Our Terms of Sale (available here), which sets out the terms on which we sell our products  to you and our responsibilities in providing those products.
2. Our rights

   We may make changes to these terms

   We may amend these terms from time to time without notice to you.  Every time you wish to use the Sites, you should check these terms to ensure that you understand the terms that apply at that time.

   We may make changes to the Sites

   We may update and change the Sites from time to time without notice to you.

   We may suspend or withdraw the Sites

   The Sites are made available free of charge.

   We do not guarantee that the Sites, or any content on it, will always be available or be uninterrupted.  We may suspend or withdraw or restrict the availability of all or any part of the Sites for business and operational reasons.  We will try to give you reasonable notice of any suspension or withdrawal.

3. Intellectual property rights in the Sites

   We are the owner or the licensee of all intellectual property rights in the Sites, and in the material published on it.  Those works are protected by copyright and trademark laws and registrations (where applicable) and treaties around the world.  All such rights are reserved, which means that you cannot reproduce, duplicate, copy or re-sell any part of the Sites, including any brands displayed on it (whether owned by us or by a third party) without our prior permission.

4. Your use of the Sites

   General

   The Sites are intended for use by people resident in the United Kingdom who are over the age of 13 only.

   How you may use the material on the Sites

   You may print off one copy, and may download extracts, of any page(s) from the Sites for your personal use.

   You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

   Our status (and that of any identified contributors) as the authors of content on the Sites must always be acknowledged.

   You must not use any part of the content on the Sites for commercial purposes without obtaining a licence to do so from us or our licensors.

   If you print off, copy or download any part of the Sites in breach of these terms of use, your right to use the Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

   You must keep your account details safe

   While the Sites are free to use, some functionality of the Sites is only available to certain registered users.  This section of these terms is only applicable to such users.

   If you are a registered user, you will have selected a password.  You may alter your password at any time.  You must treat such information as confidential and must not disclose it to any third party.  If you forget your password, we can reset it for you via the functionalities on the Sites.

   We have the right to disable any registered user’s access at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these terms of use.

   If you know or suspect that anyone other than you knows your password, you must promptly notify us by contacting customer service at customerservice@swan-brand.co.uk.

   You must not introduce bugs and viruses, or otherwise misuse the Sites

   You must not misuse the Sites by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful.

   You must not attempt to gain unauthorised access to the Sites, any user, the server on which the Sites are hosted or any server, computer or database connected to the Sites.

   You must not attack the Sites via a denial-of-service attack or a distributed denial-of-service attack.

   A breach of these provisions could constitute a criminal offence under the Computer Misuse Act 1990.  Accordingly, we will report any such breach to the relevant law enforcement authorities and we will co-operate fully with those authorities, which may include disclosing your identity to them.  In the event of such a breach, your right to use the Sites will cease immediately.

5. Our liability to you

   We are not responsible for use in any location other than the UK

   We do not represent that, and will not be liable for, the content available on or through the Sites is appropriate for use or available in other locations other than in the UK.

   Do not rely on information on the Sites

   The content on the Sites are not intended to amount to advice on which you should rely.

   Although we make reasonable efforts to update the information on the Sites, we make no representations, warranties or guarantees, whether express or implied, that the content on the Sites are accurate, complete or up to date, and are not liable to you for the same.

   The images of our products on the Sites are for illustrative purposes only.  While we make reasonable efforts to ensure that such images are accurate portrayals of our products, we cannot guarantee that your computer or device will display these images correctly.

   We are not responsible for websites we link to

   Where the Sites contain links to other websites and resources provided by third parties, these links are provided for your information only.  Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

   We have no control over the contents of those websites or resources and are not liable to you for their contents.  Your use of such third party websites will be governed by their own separate terms and conditions and policies, which we advise you to read.

   We are not responsible for viruses

   We do not guarantee that the Sites will be secure or free from bugs or viruses.

   You are responsible for configuring your information technology, computer programmes and platform to access the Sites.  You should use your own virus protection software.

   Our responsibility for loss or damage suffered by you

   We are not liable for any loss or damage that arises from the use of the Sites by a user that breaches these terms.

   We do not exclude or limit in any way our liability to you where it would be unlawful to do so.  This includes liability for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

   If you are a business user, we:

   • Exclude all implied conditions, warranties, representations or other terms that may apply to the Sites, or any content on it.
   • Will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the:
     • use of, or inability to use, the Sites; or
     • use of, or reliance on, any content displayed on the Sites.
   • Will not be liable for your:
     • loss of profits, sales, business, or revenue;
     • business interruption;
     • loss of anticipated savings;
     • loss of business opportunity, goodwill or reputation; or
     • any indirect or consequential loss or damage.

   If you are a consumer user, please note that:

   • We only provide the Sites for domestic and private use;
   • You agree not to use the Sites for any commercial or business purposes; and
   • We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

   If defective digital content that we have supplied, damages a device or digital content belonging to you, and the defective digital content is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.  However, we will not be liable for damage that was caused by you failing to correctly follow installation instructions or to have in place such minimum system requirements as we may advise.

   Nothing in these terms affects any of the limitations and exclusions of liability set out in any other legal document of ours (including, without limitation, the Privacy Policy, Cookie Policy and the Terms of Sale) and nothing in these terms will be construed as excluding or restricting our liability for anything that cannot be lawfully excluded or restricted.

6. Your liability to us

   You are responsible for all uses of your account and/or internet connection.  You must ensure that your account details are kept confidential and that all persons who access the Sites through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.  In particular this means that we are entitled to treat any order received via your account as being genuine and carried out with your permission unless you inform us otherwise. 

7. Rules about linking to the Sites

   You may link to the Sites, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

   You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

   You must not establish a link to either of the Sites in any website that is not owned by you.

   The Sites must not be framed on any other website.

   We reserve the right to withdraw linking permission without notice.

   If you wish to link to or make any use of content on either of the Sites other than that set out above, please contact customer service at customerservice@swan-brand.co.uk.

8. Applicable law

   If you are a consumer, these terms of use, their subject matter and their formation, are governed by English law and we both agree that the courts of England and Wales will have exclusive jurisdiction to settle any claim or dispute arising under, or in connection with, these terms of use, except that, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

   If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law and we both agree to the exclusive jurisdiction of the courts of England and Wales.