Conditions of Use & Sale
Welcome to nonstopibiza.com
and its affiliates provide access to Nonstopibiza.com website (the "website")
and sell our products to you subject to the conditions set out on this page.
Please read these
conditions carefully before using the nonstopibiza.com website. By using the
nonstopibia.com website, you signify your agreement to be bound by these
conditions.
In addition, when you use any current or future Nonstopibiza.com service (eg:
Wishlist or Marketplace or Amazon MP3 Service), you will also be subject to the
terms, guidelines and conditions applicable to that service. ("Terms"). If these
Conditions of Use & Sale are inconsistent with such Terms, the Terms will
control.
Conditions Relating to Your
Use of Nonstopibiza.com
1. Your Account
If you use the website, you
are responsible for maintaining the confidentiality of your account and password
and for restricting access to your computer to prevent unauthorised access to
your account. You agree to accept responsibility for all activities that occur
under your account or password. You should take all necessary steps to ensure
that the password is kept confidential and secure and should inform us
immediately if you have any reason to believe that your password has become
known to anyone else, or if the password is being, or is likely to be, used in
an unauthorised manner.
Please ensure that the details
you provide us with are correct and complete and inform us immediately of any
changes to the information that you provided when registering. You can access
and update much of the information you provided us with in the
Your Account area of the website.
Nonstopibiza.com reserves the
right to refuse access to the website, terminate accounts, remove or edit
content, or cancel orders at our discretion. If we cancel an order, it will be
without charge to you.
2. Privacy
Please review our Privacy
conditions which also governs your visit to Nonstopibiza.com to understand our
practices.
4. Access to
Nonstopibiza.com
We will do our utmost to
ensure that availability of the website will be uninterrupted and that
transmissions will be error-free. However, due to the nature of the Internet,
this cannot be guaranteed. Also, your access to the website may also be
occasionally suspended or restricted to allow for repairs, maintenance, or the
introduction of new facilities or services. We will attempt to limit the
frequency and duration of any such suspension or restriction.
5. License for website
access
Nonstopibiza.com grants you a
limited license to access and make personal use of this website, but not to
download (other than page caching) or modify it, or any portion of it, except
with express written consent of Nonstopibiza.com. This license does not include
any resale or commercial use of this website or its contents; any collection and
use of any product listings, descriptions, or prices; any derivative use of this
website or its contents; any downloading or copying of account information for
the benefit of another merchant; or any use of data mining, robots, or similar
data gathering and extraction tools.
This website or any portion of
this website may not be reproduced, duplicated, copied, sold, resold, visited,
or otherwise exploited for any commercial purpose without our express written
consent.
You may not frame or use
framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of Nonstopibiza.com
and its affiliates without express written consent. You may not use any meta
tags or any other "hidden text" utilizing Nonstopibiza.com or its affiliates'
names or trademarks without the express written consent of Nonstopibiza.com. Any
unauthorised use terminates the permission or license granted by
Nonstopibiza.com.
You are granted a limited,
revocable, and non-exclusive right to create a hyperlink to the Welcome page of
Nonstopibiza.com as long as the link does not portray Nonstopibiza.com, its
affiliates, or their products or services in a false, misleading, derogatory, or
otherwise offensive matter. You may not use any Nonstopibiza.com logo or other
proprietary graphic as part of the link without our express written consent.
6. Your conduct
You must not use the website
in any way that causes, or is likely to cause, the website or access to it to be
interrupted, damaged or impaired in any way.
You understand that you, and
not Nonstopibiza.com, are responsible for all electronic communications and
content sent from your computer to us and you must use the website for lawful
purposes only.
You must not use the website
for any of the following:
.
for fraudulent purposes, or in
connection with a criminal offence or other unlawful activity
.
to send, use or reuse any material
that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing;
or in breach of copyright, trademark, confidence, privacy or any other right; or
is otherwise injurious to third parties; or objectionable; or which consists of
or contains software viruses, political campaigning, commercial solicitation,
chain letters, mass mailings or any "spam"
.
to cause annoyance, inconvenience or
needless anxiety
7. Reviews, comments,
communications and other content
Users of this website may post
reviews, comments and other content; send communications; and submit
suggestions, ideas, comments, questions, or other information, as long as the
content is not illegal, obscene, abusive, threatening, defamatory, invasive of
privacy, infringing of intellectual property rights, or otherwise injurious to
third parties, or objectionable and does not consist of or contain software
viruses, political campaigning, commercial solicitation, chain letters, mass
mailings, or any form of "spam." You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin of any
content. Amazon.co.uk reserves the right (but not the obligation) to remove or
edit any content.
If you do post content or
submit material, and unless we indicate otherwise, you
.
(a) grant Nonstopibiza.com and its
affiliates a non-exclusive, royalty-free and fully sublicensable rights to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, and display such content throughout the world in any media; and
.
(b) Amazon.co.uk and its affiliates
and sublicensees the right to use the name that you submit in connection with
such content, if they choose.
You agree that the rights you
grant above are irrevocable during the entire period of protection of your
intellectual property rights associated with such content and material. You
agree to waive your right to be identified as the author of such content and
your right to object to derogatory treatment of such content. You agree to
perform all further acts necessary to perfect any of the above rights granted by
you to Nonstopibiza.com, including the execution of deeds and documents, at the
request of Nonstopibiza.com
You represent and warrant that
you own or otherwise control all of the rights to the content that you post;
that, as at the date that the content or material is submitted to
Nonstopibiza.com: (i) the content and material is accurate; (ii) use of the
content and material you supply does not breach any applicable Nonstopibiza.com
policies or guidelines and will not cause injury to any person or entity
(including that the content or material is not defamatory). You agree to
indemnify Nonstopibiza.com and its affiliates for all claims brought by a third
party against Amazon.co.uk or its affiliates arising out of or in connection
with a breach of any of these warranties.
8. Defamation claims
Because Nonstopibiza.com lists
hundreds of products for sale on the website and hosts many thousands of
comments, it is not possible for us to be aware of the contents of each product
listed for sale, or each comment or review that is displayed. Accordingly,
Nonstopibiza.com operates on a "notice and takedown" basis. If you believe that
any content on, or advertised for sale on, the website contains a defamatory
statement, please notify us immediately. Once this procedure has been followed,
Nonstopibiza.com will make all reasonable endeavours to remove the defamatory
content complained about within a reasonable time.
9. Copyright, authors'
rights and database rights
All content included on the
website, such as text, graphics, logos, button icons, images, audio clips,
digital downloads, data compilations, and software, is the property of
Nonstopibiza.com, its affiliates or its content suppliers and is protected by
Luxembourg and international copyright, authors' rights and database right laws.
The compilation of all content on this website is the exclusive property of
Amazon.co.uk and its affiliates and is protected by United Kingdom and
international copyright and database right laws. All software used on this
website is the property of Nonstopibiza.com, our affiliates or our software
suppliers and is protected by Luxembourg and international copyright and author'
rights laws.
You may not systematically
extract and/or re-utilise parts of the contents of the website without
Nonstopibiza.com’s express written consent. In particular, you may not utilise
any data mining, robots, or similar data gathering and extraction tools to
extract (whether once or many times) for re-utilisation of any substantial parts
of this website, without Nonstopibiza.com express written consent. You also may
not create and/or publish your own database that features substantial (eg our
prices and product listings) parts of this website without Nonstopibiza.com
express written consent.
10. Intellectual Property
Claims
Nonstopibiza.com (the trading
name for Needwant Ltd) and its affiliates respect the intellectual property of
others. If you believe that your intellectual property rights have been used in
a way that gives rise to concerns of infringement, please contact us.
11. Conditions Relating to the
Sale of Products to You
This section deals with
conditions relating to the sale of products by Nonstopibiza.com to you, and the
sale of products by Warehouse Deals on Nonstopibiza.com you.
12. Our contract
When you place an order to
purchase a product from Nonstopibiza.com, we will send you an e-mail confirming
receipt of your order and containing the details of your order. Your order
represents an offer to us to purchase a product which is accepted by us when we
send e-mail confirmation to you that we've dispatched that product to you (the
"Dispatch Confirmation E-mail"). That acceptance will be complete at the time we
send the Dispatch Confirmation E-mail to you. Any products on the same order
which we have not confirmed in a Dispatch Confirmation E-mail to have been
dispatched do not form part of that contract.
13. Returns
Please review our Returns
policy below which applies to products purchased from us. In addition to
your 30-day returns guarantee, customers in the European Union are entitled to a
statutory cooling-off period of seven business days.
14. Our Returns Policy
You can return your purchase to us in its original
condition within 30 days of the date you received the item, with any seals and
shrink-wrap intact, clothing must have labels attached and we will issue a full
refund for the price you paid for the item.
15. Thinking of returning
an item?
To ensure the safe return of
your items and the correct allocation of the items to your order, please follow
the guidelines below:
.
Please contact
info@nonstopibiza.com
.
Please print the return label and
include it in your return package. Do not change the size of the return label
when printing as this can make the label unreadable for our scanners.
.
If you cannot print the label,
please include the payslip (the original or a copy) or a piece of paper with the
name of the person who ordered the items, the order number and the reason for
the return. The address to where the item is to be returned will be provided.
.
Please use the manufacturer's
original package to return the item.
We are unable to exchange
items that are not damaged, defective or incorrect.
In the event of
Nonstopibiza.com sending you a replacement for a damaged, defective or wrong
item, you must return the item to Nonstopibiza.com within 30 days.
Nonstopibiza.com reserves the right to charge the price of the replacement item
to the payment card used for the original order if you do not return the
original item to us within 30 days of the date on which Nonstopibiza.com
confirms we will issue a replacement.
16. Pricing and
availability
We list availability
information for products sold by us on the website, including on each product
information page. Beyond what we say on that page or otherwise on the website,
we cannot be more specific about availability. Please note that dispatch
estimates are just that. They are not guaranteed dispatch times and should not
be relied upon as such. As we process your order, we will inform you by e-mail
if any products you order turn out to be unavailable.
Despite our efforts, a small
number of the hundreds of products in our catalogue are mispriced. Rest assured,
however, that we verify prices as part of our dispatch procedures. If a
product's correct price is lower than our stated price, we charge the lower
amount and send you the product. If a product's correct price is higher than our
stated price, we will, at our discretion, either contact you for instructions
before dispatch or cancel your order and notify you of such cancellation.
All prices are inclusive of
VAT unless stated otherwise.
17. Customs
When ordering goods from
Nonstopibiza.com for delivery overseas you may be subject to import duties and
taxes, which are levied once the package reaches the specified destination. Any
additional charges for customs clearance must be borne by you; we have no
control over these charges and cannot predict what they may be. Customs policies
vary widely from country to country, so you should contact your local customs
office for further information. Additionally, please note that when ordering
from Nonstopibiza.com, you are considered the importer of record and must comply
with all laws and regulations of the country in which you are receiving the
goods. Your privacy is important to us and we know that you care about how
information about your order is used and shared. We would like our international
customers and customers dispatching products internationally to be aware that
cross-border deliveries are subject to opening and inspection by customs
authorities.
18. Other businesses
In addition, we provide links
to the websites of affiliated companies and certain other businesses. We are not
responsible for examining or evaluating, and we do not warrant or endorse the
offerings of any of these businesses or individuals, or the content of their
websites. Amazon.co.uk does not assume any responsibility or liability for the
actions, products, and content of any of these and any other third-parties. You
can tell when a third-party is involved in your transactions, and we may share
customer information related to those transactions with that third-party. You
should carefully review their privacy statements and other conditions of use.
19. Electronic
communications
When you visit
Nonstopibiza.com or send e-mails to us, you are communicating with us
electronically. We communicate with you by e-mail or by posting notices on the
website. For contractual purposes, you consent to receive communications from us
electronically and you agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing. This condition does not
affect your statutory rights.
20. Losses
Nonstopibiza.com will be
responsible for any losses you suffer as a result of us breaching these
conditions if the losses were reasonably foreseeable to both you and us when you
commenced using the website, or a contract for the sale of goods by us to you
was formed. We will not be responsible for any business loss (including loss of
profits, revenue, contracts, anticipated savings, data, goodwill or wasted
expenditure) or any other indirect or consequential loss that is not reasonably
foreseeable to both you and us when you commenced using the website or when a
contract for the sale of goods by us to you was formed. Nonstopibiza.com does
not limit in any way our liability by law for death or personal injury caused
from our negligence or breach of duty or caused by our gross negligence or
wilful misconduct.
21. Alteration of Service
or Amendments to the Conditions
We reserve the right to make
changes to our website, policies, and these Conditions of Use & Sale at any
time. You will be subject to the policies and Conditions of Conditions of Use &
Sale in force at the time that you use the website or that you order goods from
us, unless any change to those policies or these conditions is required to be
made by law or government authority (in which case it will apply to orders
previously placed by you). If any of these conditions is deemed invalid, void,
or for any reason unenforceable, that condition will be deemed severable and
will not affect the validity and enforceability of any remaining condition.
22. Events beyond our
reasonable control
We will not be held
responsible for any delay or failure to comply with our obligations under these
conditions if the delay or failure arises from any cause which is beyond our
reasonable control. This condition does not affect your statutory rights.
23. Waiver
If you breach these conditions
and we take no action, we will still be entitled to use our rights and remedies
in any other situation where you breach these conditions.
24. Governing law and
jurisdiction
These conditions are governed
by and construed in accordance with the laws of the Grand Duchy of Luxembourg,
and the application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded. You agree, as we do, to
submit to the non-exclusive jurisdiction of the courts of the district of
Luxembourg City.
25. Our details
Amazon.co.uk is the trading
name for Needwant Ltd.
This website is owned and
operated by Needwant Ltd.
Needwant Ltd
90 Norfolk House rd
London
SW16 1JH
Bus Reg: 6899828
You can contact us by email
info@nonstopiibza.com
Notice and Procedure for
Making Claims of Infringement
Nonstopibiza.com is the
trading name for Needwant Ltd. We respond expeditiously to intellectual property
rights owners who complete and submit the Notice Form (below) to communicate
concerns of any alleged infringement.
Upon receipt of a Notice Form
we may take certain actions, including removing information or an item, all of
which are taken without any admission as to liability and without prejudice to
any rights, remedies or defenses, all of which are expressly reserved.
Furthermore, in submitting a Notice Form, you grant to Nonstopibiza.com and its
affiliates the right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, and display its content throughout the world in
any media. This includes forwarding the Notice Form to the parties involved in
the provision of the allegedly infringing content. You agree to indemnify
Nonstopibiza.com and its affiliates for all claims brought by a third party
against Nonstopibiza.com or its affiliates arising out of or in connection with
the submission of a Notice Form.
Important Warning:
giving false, misleading or inaccurate information in the Notice to Amazon.co.uk
may result in civil liability. You should contact a solicitor should you have
any questions.
Notice Form:
If you believe that your
intellectual property is being violated by an item or information on the
Nonstopibiza.com, you may fill out the Notice Form (below) using the
corresponding numbered paragraphs to frame your communication. This signed form
can be sent via PDF or Fax to:
Email PDF:
info@nonstopibiza.com
Subject Line: Claim of Infringement
or
Please fill out the Notice
Form using the corresponding numbered paragraphs to frame your communication:
--------------------------------------------------------
Notice Form
Re: Nonstopibiza.com (trading
name for Needwant Ltd)
I, [INSERT FULL NAME AND
TITLE] of [COMPANY NAME, IF APPLICABLE], state as follows:
(1) Contact information:
(a) Your and/or your company's
name, address, telephone number and contact email address;
(b) The contact email address
and/or name which we will provide to Third Party Sellers (if relevant) so they
may contact you to resolve any issues regarding your notification to us. If you
do not provide a separate contact email, you authorize us to use the contact
information you provide in (1)(a).
(2)
Listing's Cat no:
(a) The Cat number or detailed
description of where the information that you claim is infringing your rights is
located on the site; if regarding a Third Party Seller listing please also
provide the name of used to identify the Seller on the site (look for
"dispatched and sold by _____" or "by ______" in the listing).
(b) A description of your
intellectual property right(s) that you claim has/have been infringed (e.g.
copyright, trademark or patent) by the information of/for this Cat no.
[REPEAT (2)(a-b) as necessary
for multiple items, see example Notice Form
here.]
(3) Include the following
statement: "I have a good faith belief that the portion of the listing(s)
described above violate(s) the intellectual property rights owned by the
intellectual property owner or its agent, nor is such use otherwise permissible
under law."
(4) Include the following
statement: "I represent, under penalty of perjury, that the information in
this notification is true and correct and that I am the intellectual property
owner or authorised to act on behalf of the intellectual property owner for the
rights described above."
(5) Sign the Notice Form.
--------------------------------------------------------
Notice and Procedure for
Notifying
Nonstopibiza.com of Defamatory Content
If you believe that any
content on, or advertised for sale on, the website contains a defamatory
statement, please notify us immediately by copying the Notice to
Nonstopibiza.com of Defamatory Content below into your word processor program,
complete it in accordance with the instructions set out in the Notice and send
as an attachment to
info@nonstopibiza.com
Important Warning:
giving false, misleading or inaccurate information in the Notice to
Nonstopibiza.com of Defamatory Content may result in civil and criminal
liability.
------------------------------------------------------
Notice to Nonstopibiza.com
of Defamatory Content
In the matter of
Nonstopibiza.com
S T A T E M E N T
I, [please set out your
full name] of [please give your postal address], [please state
your occupation], say as follows:
1. I refer to the website
Nonstopibiza.com ("the website"). I make this statement in support of my giving
Nonstopibiza.com notice that, via the website, it is causing or contributing to
the publication of a defamatory statement.
2. The defamatory words
(delete whichever paragraph is not applicable):
(a) appear in a book being
sold by Nonstopibiza.com via the website entitled [please state the book name
and its author]. The defamatory words appear on page [please state the
page number(s) where you consider there are defamatory words].
OR
(b) appear on the website at
[please cut and paste the address of the relevant Web page from the website
where the defamatory words appear].
3. The words that I consider
to be defamatory are [please repeat the exact words you are complaining
about].
4. These words are defamatory
because [please state why you consider the words are defamatory].
5. The defamatory words are
untrue because [please explain why the words complained of are untrue and
what you believe the true position is].
6. I understand that this
statement may be used in any court proceedings that may arise out of or relating
to the defamatory words which I have complained about.
Statement of Truth
I declare the facts stated
above to be true.
|