Legal

BCE Terms and Conditions of Sale

1 Definitions

1.1 'Buyer’ means the person who buys or agrees to buy the Goods from the Seller. 1.2 'Conditions' means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

1.3 'Delivery Date' means the date specified by the Seller when the Goods are to be delivered.

1.4 'Goods' means the articles which the Buyer agrees to buy from the Seller.

1.5 'Price' means the price for the Goods which shall, unless otherwise provided in these Conditions, exclude carriage, packing, insurance and VAT.

1.6 'Seller’ means B.C.E. (Distributors) Limited, a company registered in England and Wales with company number 01228770, whose registered office is at Unit 2, Kingsland Trading Estate, St Philips, Bristol, England BS2 OJZ. VAT Number: GB 713 006 487

1.7 'Ultimate Consumer’ means the ultimate consumer to whom the Buyer resells the Goods.

2 Conditions Applicable

2.1 These Conditions shall apply to all contracts for the sale of the Goods by the Seller to the Buyer to the exclusion of all other terms and conditions (whether or not in conflict or inconsistent with these Conditions) including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document and including any terms and conditions implied by trade, custom, practice or cause of dealing.

2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.

2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.

2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. 2.5 If, subsequent to any contract of sale that is subject to these Conditions, a contract of sale is made with the same Buyer without reference to any conditions of sale or purchase, such contract howsoever made shall be deemed to be subject to these Conditions.

3 Quotations and Acceptance

3.1 A quotation by the Seller does not constitute an offer and the Seller reserves the right to withdraw or revise a quotation at any time prior to the Seller's acceptance of the Buyers order.

3.2 No contract may be cancelled or altered by the Buyer except with the prior consent of the Seller.

4 The Price and Payment

4.1 The Price shall be the Seller's quoted price. The Price is exclusive of VAT which shall be due at the rate ruling on the date of the Sellers invoice.

4.2 Payment of the Price and VAT shall be due within 30 days of the date of the invoice. Time for payment shall be of the essence.

4.3 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 4% above the base rate from time to time of Barclays Bank plc per month compounded and shall accrue at such a rate after as well as before any judgment.

4.4 Without prejudice to the provisions of Condition 4.1, the Seller may, in respect of any Goods ordered by the Buyer, upon giving to the Buyer notice of not less than 21 days prior to delivery of the relevant Goods, increase the Price of such Goods to reflect any increase in the cost to the Seller which is due to factors occurring after the making of the relevant contract of sale which are beyond the reasonable control of the Seller (including, without limitation, foreign exchange fluctuations, taxes and duties and the cost of labour, materials and other manufacturing costs) PROVIDED that the Buyer shall be entitled in these circumstances to terminate the relevant contract by giving written notice of such termination to the Seller within 7 days of receipt by the Buyer of the Seller's notice.

4.5 If the Buyer fails to make any payment on the due date then, without prejudice to any of the Seller's other rights, the Seller may:

4.5.1 suspend or cancel deliveries of any Goods due to the Buyer, and/or

4.5.2 appropriate any payment made by the Buyer to such of the Goods (or goods supplied under any other contract with the Buyer) as the Seller may in its sole discretion think fit.

4.6 Any special request by the Buyer for Goods to be delivered by any means other than the Seller's normal arrangements shall be subject to an additional charge to cover the extra cost plus VAT.

4.7 If payment in respect of any invoice rendered by the Seller is overdue in whole or in any part, then the whole of any amounts outstanding to the Seller shall immediately become due and payable whether or not such monies would have been payable at that time.

4.8 If, at the request of the Buyer, the Seller agrees to carry out any extra work or to provide additional Goods or services to those specified in the relevant contract, or to vary any part of the Goods or services specified in the relevant contract, any such extra work, additional Goods or services, or variations thereto, will be supplied on the terms and conditions herein set out at such price as shall be agreed in writing between the Seller and the Buyer.

4.9 Any extension of credit allowed to the Buyer may be changed or withdrawn at any time.

4.10 If, in the opinion of the Seller, the credit-worthiness of the Buyer shall have deteriorated prior to delivery of the Goods, the Seller may require full or partial payment of the Price prior to such delivery or the provision of security for payment by the Buyer in a form acceptable to the Seller.

5 The Goods

The Seller may from time to time make changes in the specification of the Goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for the purpose of the Goods.

6 Warranties

The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods and whether implied by statute or common law or otherwise are excluded.

 

7 Delivery of the Goods

7.1 Delivery of the Goods shall be made on the Delivery Date to the Buyer’s address or to such other address for delivery as may be agreed by the Buyer and the Seller. The Buyer shall ensure that all arrangements necessary to take delivery of the Goods whenever and wherever they are tendered for delivery are made. Unless otherwise determined by the Seller all deliveries will be carried out by a 1 person delivery, so that the Buyer is required to procure that all necessary assistance is provided to the delivery driver in the removal and carrying of the Goods from the vehicle to the Buyer's requested point of delivery. It shall be the Buyer's responsibility to notify this fact to the Buyer's customer if delivery is to take place direct to the Buyer's customer by the Seller.

7.2 Delivery or despatch dates mentioned in any quotation, order acceptance form or order acknowledgement or elsewhere are approximate only and not of any contractual effect and the Seller shall not be under any liability to the Buyer in respect of any failure to deliver on any particular date or dates. Time for delivery shall not be of the essence of any contract to which these Conditions apply and shall not be made so by the service of any notice.

7.3 Delivery charges, where applicable will be confirmed by the Seller prior to acceptance to the order.

7.4 If the Buyer refuses or fails to take delivery of Goods tendered in accordance with the contract or fails to take any action necessary on its part for delivery and/or shipment of the Goods, the Seller shall be entitled to terminate the contract with immediate effect, to dispose of the Goods as the Seller may determine, and to recover from the Buyer any loss and additional costs incurred as a result of such refusal or failure (including, without limitation, storage and insurance costs from the due date of delivery).

7.5 Unless otherwise expressly agreed the Seller may effect delivery in one or more instalments. Where delivery is effected by instalments each instalment shall be treated as a separate contract governed by these Conditions and the Seller shall be entitled to invoice and require payment from the Buyer separately for each instalment.

7.6 Section 32(2) of the Sale of Goods Act 1979 shall not apply. The Seller shall not be required to give the Buyer the notice specified in Section 32(3) of that Act.

 

8 Title and Risk

8.1 The Goods shall be at the Buyer's risk as from delivery. Notwithstanding delivery having been made, property in the Goods shall not pass from the Seller to the Buyer until:

8.1.1 the Buyer shall have paid the Price plus VAT in full (together with any accrued interest); and

8.1.2 no other sums whatever shall be due from the Buyer to the Seller in respect of any other contract for the sale of Goods.

8.2 From the time of delivery until property in the Goods passes to the Buyer in accordance with this Condition 8, the Buyer shall insure and keep insured the Goods for their full value against all risk to the reasonable satisfaction of the Seller with a reputable insurance office. Upon request, the Buyer shall use reasonable endeavors to have the Sellers interest in the Goods noted on the insurance policy. Until property in the Goods passes to the Buyer, the Buyer shall hold the proceeds of any claim on such insurance policy on trust for the Seller and shall forthwith account to the Seller with such proceeds. Without prejudice to the other rights of the Seller, if the Buyer fails to comply with the provisions of this Condition 8.2, all sums owing by the Buyer to the Seller shall forthwith become due and payable.

8.3 Notwithstanding that the Goods (or any of them) remain the property of the Seller, the Buyer may sell or use the Goods in the ordinary course of the Buyer's business at full market value for the account of the Seller. Any such sale or dealing shall be a sale or use of the Seller's property by the Buyer on the Buyer's own behalf and the Buyer shall deal as principal when making such sales or dealings and the Buyer shall not, and shall not be empowered to, commit the Seller to any contractual relationship with or liability to the sub-buyer or the Ultimate Consumer or any other person. Until property in the Goods passes from the Seller, and as a consequence of the Buyer selling the Goods in a fiduciary capacity as agent for the Seller, the entire proceeds of sale or otherwise of the Goods shall be held in trust for the Seller.

8.4 The Buyer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods that are the property of the Seller.

8.5 The Seller reserves the right to repossess and resell any Goods to which it has retained title, and the Seller's consent to the Buyer's possession of the Goods and any right the Buyer may have to possession of the Goods shall in any event cease:

8.5.1 if any sum owed by the Buyer to the Seller (whether in respect of the Goods or otherwise) is not paid to the Seller by the date when it is due; or

8.5.2 upon the happening of any of the events set out in Condition 18.1; or 8.5.3 if the Buyer commits a breach of any contract with the Seller.

8.6 The Buyer hereby grants an irrevocable right and licence to the Seller and its servants and agents to enter upon at or any of the Buyer's premises with or without vehicles during normal business hours for the purpose of inspecting and/or repossessing Goods to which it has retained title.

8.7 Notwithstanding the provisions of this Condition 8, the Seller shall be entitled to bring an action against the Buyer for the price of the Goods in the event of non-payment by the Buyer by the due date even though property in the Goods has not passed to the Buyer and/or shall have the right by notice to the Buyer at any time after delivery to pass property in the Goods to the Buyer as from the date of such notice.

9 Seller's Right to Cancel

The Seller may cancel this contract at any time before the Goods are delivered by giving written notice to the Buyer. On giving such notice the Seller shall promptly repay to the Buyer sums paid in respect of the Price. The Seller shall not be liable for any loss or damage whatever arising from such cancellation.

10 Buyer's Right to Cancel

At Seller's discretion, the Buyer may cancel this contract at any time before the Goods are delivered by giving written notice to the Seller: If notice of cancellation is given less than 48 hours before the due date of delivery, the Buyer shall be liable to the Seller for 100% of the price of the Goods. If notice of cancellation is given after the Goods have been shipped for delivery, the Buyer shall be liable to the Seller for the full price of the Goods, together with any costs or damages of the Seller arising from such cancellation.

PLEASE NOTE: All Riley England snooker tables are made to order, distance selling regulations do not apply. Once ordered, and/or delivered the 14 day right to cancel does not apply. This also applies to any made-to-order or custom-made cue Products or Products made to your specification or clearly personalised.

11    Liability

11.1 The Buyer shall procure that the Goods are inspected immediately upon delivery being effected and shall procure that, in any event, the Seller is notified in writing within 2 days of the date that delivery has been effected of any alleged defect, shortage in quantity, damage or failure to conform with the contract. The Buyer shall procure that the Seller is afforded an opportunity to inspect the Goods within a reasonable time following delivery, and before any use is made of them, for the purposes of verifying any such alleged defect, shortage in quantity, damage, or non-conformity with the contract. If the Buyer shall fail to comply with these provisions, the Goods shall be conclusively presumed to be in accordance with the contract and free from any defect or damage which would be apparent on a reasonable examination of the Goods, and the Buyer shall be deemed to have accepted the Goods.

11.2 In the event that the Buyer:

11.2.1 proves to the Seller's absolute satisfaction that the Goods that have been delivered are damaged, defective or otherwise fail to conform to the contract and PROVIDED THAT the Buyer has complied fully with its obligations under Condition 11.1, the Buyer shall be entitled to be refunded the cost of such Goods;

11.2.2 proves to the Sellers absolute satisfaction that the Goods that have been delivered are damaged, defective or otherwise fail to conform to the contract BUT the Buyer has failed to comply fully with its obligations under Condition 11.1, the Buyer shall not be entitled to be refunded the cost of such Goods but instead the Seller may, at

its sole discretion, offer to replace such Goods strictly on the basis that the Buyer shall be responsible for all costs incurred in returning the relevant Goods and delivering the replacement Goods;

11.2.3 fails to prove to the Seller's absolute satisfaction that the Goods that have been delivered are damaged, defective or otherwise fail to conform to the contract, the Buyer shall not be entitled to be refunded the cost of such Goods but instead the Seller may, at its sole discretion, offer to replace such Goods strictly on the basis that the Buyer shall be responsible for all costs incurred in returning the relevant Goods and delivering the replacement Goods.

11.3 The Seller shall not be liable for any loss, damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without the Seller's prior written approval and the Buyer shall indemnify the Seller against any and all claims and costs arising out of such claims to the extent that such repairs or remedial work have been performed by the Buyer or its agents.

11.4 The Seller's aggregate liability to the Buyer whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstance exceed the cost of the defective, damaged or undelivered Goods which give rise to such liability, as determined by the net price invoiced to the Buyer in respect of any occurrence or series of occurrences.

11.5 For the avoidance of doubt, no contractual relationship is hereby created between the Seller and the Ultimate Consumer and, accordingly, the Seller shall have no liability under The Consumer Protection (Distance Selling) Regulations 2000 (as amended) ("the Regulations") whether to the Ultimate Consumer, the Buyer or at all. It is therefore acknowledged by the Buyer that if it resells the Goods in such manner that the Regulations apply then the Buyer shall be liable for all the costs incurred in the collection and delivery of the Goods and, accordingly, the Buyer shall fully and effectively indemnify the Seller in respect of all costs, claims, expenses, proceedings, penalties, damages and losses incurred or otherwise arising as a result of, or in connection with, the Regulations.

11.6 Subject to this Condition 11:

11.6.1 all conditions warranties and representations expressed or implied by statute common law or otherwise in relation to the Goods are hereby excluded to the fullest extent permitted;

11.6.2 the Seller shall be under no liability to the Buyer for any loss damage, costs, expenses, claims, actions, proceedings or injury, direct or indirect, resulting from defects in design, materials or workmanship or otherwise howsoever arising including,

without limitation, those which arise out of or in connection with the delivery of any Goods to the Buyer or as it may direct (and whether or not caused by the negligence of the Seller its employees or agents) other than liability for death or personal injury resulting from the Sellers negligence or liability for fraudulent misrepresentation;

11.6.3 the Seller shall have no liability for any indirect or consequential losses or expenses suffered by the Buyer, howsoever caused, and including, without limitation, loss of anticipated profits, goodwill, reputation, business receipts or contracts, or losses or expenses resulting from third party claims.

11.7 In the event that the Goods are not delivered to the Buyer or the Ultimate Consumer on the agreed delivery date through no fault of the Seller, which then incurs the Seller in additional delivery costs, the Buyer shall be liable in full for any such additional delivery costs and shall reimburse any such additional delivery costs in full to the Seller on demand.

11.8 In the case of a two man delivery, the Buyer shall ensure that the Goods are accepted for delivery on the agreed delivery date. Any failure to deliver through no fault of the Seller shall render the Buyer liable to pay an additional delivery surcharge of £60 for each successive attempt to deliver the Goods at a later date.

11.9 In the event of any missing or damaged components at the time of delivery, the Seller reserves the right to supply replacement components at its own cost.

12 Complaints

12.1 If the Buyer fails to comply with its obligations set out in Condition 11.1, the Goods shall be deemed to be in accordance with the contract and the Buyer shall be bound to accept delivery and pay the Price accordingly.

12.2 Any invoice discrepancies must be advised in writing by the Buyer to the Seller within 10 days from date of the invoice.

13 Returns

13.1 No Goods delivered to the Buyer, which are in accordance with the contract, will be accepted for return without the prior written approval of the Seller on terms to be determined at the absolute discretion of the Seller subject at all times (but without limitation) to the provisions of Condition 11.2.

13.2 The Buyer must return such Goods, carriage paid, to the Seller in their original packaging and unused and must be returned with the original delivery note and must quote the Sellers sales order number.

13.3 Goods returned without the prior written approval of the Seller may, at the Seller's absolute discretion, be returned to the Buyer or stored at the Buyer's cost without prejudice to any other rights or remedies that the Seller may have.

14 Resale of Goods

14.1 The Goods are supplied subject to the following conditions:

14.1.1 the Goods must be sold or re-sold only in the packages and containers in which the Goods were supplied by the Seller;

14.1.2 no trade mark(s) other than the trade mark(s) carried by the Goods at the time of delivery will be marked on or applied in relation to the Goods;

14.1.3 the Buyer shall take all such steps as are reasonably necessary to ensure that the Goods are stored, displayed offered for sale and transferred in accordance with any instructions provided by the Seller from time to time;

14.1.4 the Buyer will fully cooperate with the Seller in the event it is necessary to recall any Goods supplied; and

14.1.5 the Buyer shall not alter, add to, tamper with or otherwise interfere with any trade mark attached or applied to the Goods or with the Goods themselves or remove any part thereof.

14.2 No right or licence is granted under these Conditions or any contract of sale to the Buyer under any trademark, copyright, registered design or other intellectual property right except the right to use or re-sell the Goods. No warranty is given as to whether that use or re-sale will infringe the rights of any third parties.

15 Set Off and Counterclaim

The Buyer shall not be entitled to withhold payment of any invoice or other amount due to the Seller by reason of any right of set off, counterclaim, abatement or analogous deduction which the Buyer may have or alleged to have for any reason whatsoever. The Seller shall be entitled to offset any sum or sums owing to it from the Buyer against any sums owed to the Buyer by the Seller.

16 Samples

Any samples supplied to the Buyer are supplied solely for information and in no way import any express or implied conditions or warranties as to quality, description, fitness for purpose or merchantable quality and the Buyer shall be deemed to have satisfied itself as to such matters prior to ordering the Goods.

17 Force Majeure

17.1 The Seller shall not be liable to the Buyer for any loss or damage which may be suffered by the Buyer as a direct or indirect result of the supply of Goods by the Seller being prevented, hindered, delayed, cancelled or rendered uneconomic by reason of circumstances or events beyond the Seller’s reasonable control ("force majeure circumstances") including, but not limited to, strikes, lock-outs, labour disputes, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, difficulty or increased expense in obtaining workers, materials or transport or other circumstances affecting the supply of the Goods or of raw materials by the Seller's normal source of supply or the manufacture of the Goods by the Seller’s normal means or the delivery of the Goods by the Seller’s normal route or means of delivery.

17.2 In force majeure circumstances the Seller may in its sole discretion terminate any contract for the supply of Goods pursuant to these Conditions or cancel delivery of Goods to the Buyer or may, with the agreement of the Buyer, deliver Goods at an agreed rate of delivery commencing after any suspension of deliveries.

17.3 If due to force majeure circumstances the Seller has insufficient stocks to meet all its commitments the Seller may apportion available stocks between its customers at its sole discretion.

18 Termination

18.1 If the Buyer (being an individual) enters into a voluntary arrangement or if a petition is presented for the making of a bankruptcy order against him or if he compounds with his creditors or if (being a company) an application for an order is made or a resolution is passed for the winding-up of the Buyer (otherwise than for the purposes of amalgamation or reconstruction previously approved in writing by the Seller) or if a meeting is called to approve the appointment of a liquidator to the Buyer or if a petition is presented to the Court for the appointment of a liquidator to the Buyer or if a receiver, manager, administrative receiver or an administrator is appointed or a petition is presented to the Court for the appointment of an administrator to the Buyer or over any part of the Buyer's undertaking or if circumstances arise which might entitle the Court or a creditor of the Buyer to appoint a receiver, manager, administrative receiver or administrator or which might entitle the Court to make a winding-up order or if the Buyer takes or suffers any similar or analogous action in consequence of debt or fails to make payment for the Goods in accordance with these Conditions or commits a breach of these Conditions or of any other contract between the Seller and the Buyer, the Seller may, without prejudice to any of its other rights, stop any Goods in transit and/or suspend further deliveries to the Buyer and/or exercise its rights under Condition 8 and/or by notice in writing to the Buyer terminate any contract with the Buyer.

18.2 Upon termination of any contracts pursuant to Condition 18.1, any indebtedness of the Buyer to the Seller shall become immediately due and payable and the Seller shall be relieved of any further obligation to supply any Goods to the Buyer pursuant to such contracts.

19 Assignment

None of the rights or obligations of the Buyer under these Conditions may be assigned or transferred in whole or in part without the prior written consent of the Seller.

20 Confidential information

All information and/or advice whether written or oral given by the Seller to the Buyer shall not be disclosed to any third party without the prior written consent of the Seller save to the extent that:

20.1 such information and/or advice is in the public domain otherwise than virtue of a breach of this Condition; or

20.2 the disclosure is required by law provided that the Buyer shall promptly give notice to the Seller of such requirement and the Seller may seek an appropriate remedy to prevent such disclosure. The Buyer undertakes fully to cooperate with the Seller (at the Seller’s expense) if the Seller elects to contest the validity of such a requirement.

21 Headings

The headings of these Conditions shall not affect the interpretation of these Conditions.

22 Severability

If any of these Conditions is held to be invalid, illegal or unenforceable in any respect, whether in whole or in part, such invalidity, illegality or unenforceability shall not prejudice the effectiveness of the rest of these Conditions or the remainder of any part of a Condition affected.

23 Waiver

Failure by the Seller to exercise or in exercising any right or remedy under any contract subject to these Conditions shall not constitute a waiver of the right or remedy or any other rights or remedies and no single or partial exercise of any right or remedy shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.

24 Notices

Any notice under or in connection with a contract subject to these Conditions shall be in writing and may be delivered personally or sent by first class post pre-paid recorded delivery (and airmail if overseas) or by facsimile transmission to the party concerned at its last known address. Notices delivered personally shall be deemed to have been duly given when delivered, notice sent by first class post shall be deemed to have been duly given 7 days after posting (14 days if given by airmail) and notices sent by facsimile transmission shall be deemed to have been duly given on the date of despatch.

25 Proper Law of Contract

Any contract to which these Conditions apply shall be governed by, and construed in accordance with, English law.

 

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Terms & Conditions
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Additional or different terms and conditions ("Other Terms") may apply in connection with certain features (e.g. community pages, testimonials, sweepstakes or contest entries). If applicable, these Other Terms will be set forth (i) where you are permitted to submit Content, access or use features, or purchase products and services, or (ii) in a link adjacent to where you are permitted to submit Content, access features, or purchase products and services. These Other Terms are incorporated into and made a part of these Terms and Conditions by reference. In the event Other Terms conflict with these Terms and Conditions, the Other Terms shall control with respect to the subject matter to which such Other Terms apply.

Disclaimer of Warranties
THE SITE AND ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND BCE (DISTRIBUTORS) LTD, ITS SUBSIDIARIES AND AFFILIATES, LICENSORS AND SUPPLIERS, DISCLAIM ALL SUCH WARRANTIES, TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION ON THE SITE IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE.BCE (DISTRIBUTORS) LTD DOES NOT REPRESENT OR WARRANT THAT THE CONTENT, INFORMATION AND/OR FEATURES CONTAINED ON THE SITE ARE ACCURATE, COMPLETE OR CURRENT; THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; THAT ANY DEFECTS ON THE SITE WILL BE CORRECTED OR THAT THE SITE OR SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. BCE (DISTRIBUTORS) LTD DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT ON THE SITE IN TERMS OF CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, AND IN EACH CASE, THOSE WARRANTIES ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.Limitation of LiabilityYOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER BCE (DISTRIBUTORS) LTD, ITS SUBSIDIARIES OR AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS OR AGENTS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE CONTENT OR FEATURES ON THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES CAUSED BY VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF THE CONTENT ON THE SITE OR THE PERFORMANCE OF THE PRODUCTS (WHETHER BASED ON CONTRACT, TORT OR STRICT LIABILITY) EVEN IF BCE (DISTRIBUTORS) LTD HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. YOUR SOLE REMEDY AGAINST BCE (DISTRIBUTORS) LTD FOR ANY DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE.

BCE (Distributors) Ltd will not be liable if your use of Content from any portion of the Site (including the Portal) results in the need for servicing, repair, or correction of equipment or data, and you assume any costs related to the foregoing.IndemnificationYou agree to indemnify, defend and hold harmless BCE (Distributors) Ltd, its parent and affiliate entities, and their respective employees, directors, officers and agents from and against any and all claims, damages and costs, including reasonable lawyers' fees and related expenses, arising from or related to any use by you of the Site or Content, your provision or use of any User Generated Content, any breach by you of these Terms and Conditions or any claim that you have violated a user's privacy rights by posting, collecting or using Content about other users of the Site.

Links to Third Parties
For your convenience and to improve the usage of the Site, links to websites that are owned and controlled by third parties may be provided from time to time. These links take you outside BCE (Distributors) Ltd's service and off the Site and are beyond BCE (Distributors) Ltd's control. This includes links to partners that may use BCE (Distributors) Ltd logos as part of a co-branding agreement. The sites to which you can link have their own separate privacy policies and although BCE (Distributors) Ltd seeks to protect the integrity of its Site, BCE (Distributors) Ltd is not responsible and cannot be held liable for the content and activities of these sites. You, therefore, visit/access these sites entirely at your own risk. Please note that these other sites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those websites prior to using them. You should check all attachments and files before downloading them. Your dealings with and interests in, promotions, services, and retailers found via the Site are solely between you and the persons you are dealing with unless expressly stated otherwise by BCE (Distributors) Ltd.

Applicable Law and Jurisdiction
To the fullest extent permitted by law, these Terms and Conditions shall be governed by the laws of England and you agree to submit to the non-exclusive jurisdiction of the courts of England. You agree that any claim or cause of action arising out of or related to your use of the Site must be filed within one year after such claim or cause of action arose. If any portion of these Terms and Conditions become void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have legal effect. If any provision of these Terms and Conditions shall be found to be unenforceable, the other provisions shall still remain in full force and effect. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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