Our terms and conditions of sale
1.1 THESE TERMS AND CONDITIONS SHALL GOVERN THE SALE AND PURCHASE OF PRODUCTS AND SERVICES THROUGH OUR WEBSITE. PLEASE ALSO REFER TO OUR WEBSITE TERMS AND CONDITIONS.
1.2 YOU WILL BE ASKED TO GIVE YOUR EXPRESS AGREEMENT TO THESE TERMS AND CONDITIONS BEFORE YOU PLACE AN ORDER ON OUR WEBSITE.
1.3 WHEN PURCHASING GET MARKETING PRODUCTS (GET LOCAL SEARCH ENGINE OPTIMIZATION MANAGEMENT SERVICE AND/OR GET SOCIAL SOCIAL MEDIA MANAGEMENT SERVICE), GIVING YOUR EXPRESS AGREEMENT TO THESE TERMS AND CONDITIONS AND SUBSEQUENT PAYMENT FOR THE PRODUCTS MEANS THAT YOU AGREE TO ENTER INTO A CONTRACT TO PURCHASE THESE PRODUCTS AND SERVICES FOR A PERIOD OF 3 MONTHS, YOU MAY CANCEL THE CONTRACT AT ANY TIME BY GIVING AT LEAST 3 MONTHS WRITTEN NOTICE, IN ACCORDANCE WITH SECTION 15 OF THESE TERMS AND CONDITIONS.
1.4 YOU WARRANT AND REPRESENT TO US THAT YOU CONTRACT WITH US UNDER THESE TERMS AND CONDITIONS EXCLUSIVELY IN THE COURSE OF A BUSINESS AND NOT AS A CONSUMER.
2.1 In these terms and conditions:
(a) “we” means Balls 2 Marketing Limited; and
(b) “you” means our customer or prospective customer,
and “us”, “our” and “your” should be construed accordingly.
2.2 In these terms and conditions “Confidential Information” means:
(a) any information supplied (whether supplied in writing, orally or otherwise) by you to the us (during the term of the Agreement) that is marked as “confidential”, is described as “confidential” or should have been reasonably understood by the Consultant to be confidential; and
(b) any information supplied (whether supplied in writing, orally or otherwise) by you to us regarding your customers or suppliers that should have been reasonably understood by us to be confidential.
2.3 In these terms and conditions “Deliverables” means the deliverables specified in the GET Marketing packages (GET Local and GET Social) as detailed on this website, or other services as detailed to you in separate correspondence from us.
2.4 In these terms and conditions “Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and the “intellectual property rights” referred to above include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs).
2.5 In these terms and conditions “Product(s)” means all products and services supplied by us.
3. Order process
3.1 The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.3 To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; 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; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and 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. For orders placed through our GET Postal direct mail print and postage service (accessed through www.balls2mail.co.uk), we will not send an order confirmation and once payment has been accepted for your order, the order will become a binding contract.
3.4 You will have the opportunity to identify and correct input errors prior to making your order by checking the contents of the shopping cart on our website and editing the items if incorrect, before rechecking and proceeding with your order.
4.1 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
5.1 Our prices are quoted on our website.
5.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
5.3 All amounts stated in these terms and conditions or on our website are stated exclusive of VAT.
5.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
5.5 In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
6.1 You must, during the checkout process, pay the prices of the products you order.
6.2 Payments may be made by any of the permitted methods specified on our website from time to time.
6.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
6.4 If you make 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 our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees), and 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 for the purposes of this Section 6.4.
7. Credit accounts
7.1 If we agree to open a business credit account for you, you will be able to pay in arrears, in accordance with the provisions of this Section 7.
7.2 If you hold an account, then upon or following the dispatch of products, we will send to you an invoice for payment of the price of those products, and you will pay such invoice within 7 days following the date of our invoice.
7.3 Business accounts will be subject to such credit limits as we may notify to you from time to time.
7.4 If you do not pay to us any amount properly due under or in connection with these terms and conditions in full and on time, we may:
a) charge you interest on the overdue amount at the rate of 8% per year above the Bank of England base rate (which interest will accrue daily until the date of payment and be compounded at the end of each calendar month); or
(b) claim interest and statutory compensation from you pursuant to the Late Payment of Commercial Debts (Interest) Act 1998,
without prejudice to our other legal rights or rights under these terms and conditions.
8.1 We will deliver the Products or Deliverables to you in accordance with the timetable set out in this website or as detailed to you in separate correspondence from us. Time shall not be of the essence in relation to the timetable for delivery of the Products or Deliverables.
9. Risk and ownership
9.1 The products you purchase from us will be at your risk from the time of delivery.
9.2 Ownership of a product that you purchase from us will pass to you upon the later of:
(a) delivery of the product; and
(b) receipt by us in cleared funds of all amounts due in respect of the product (including delivery charges).
9.3 Until ownership of a product has passed to you, you will possess the product as our fiduciary agent and bailee.
9.4 Until ownership of a product has passed to you:
(a) you must store the product separately from other goods; and
(b) you must ensure that the product is clearly identifiable as belonging to us.
10. Warranties and representations
10.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(d) you will be able to take delivery of the products in accordance with these terms and conditions.
10.2 We warrant to you that:
(a) we have the right to sell the products that you buy;
(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
(c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
(d) the products you buy will correspond to any description published on our website; and
(e) the products you buy will be of satisfactory quality.
10.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 12.1, all other warranties and representations are expressly excluded.
11. Breach of product warranty
11.1 If products you purchase from us do not conform with the warranties set out in Section 10.2, then you will be entitled to a refund of all amounts paid in respect of those products. Alternatively and subject to availability, we may agree to supply you with replacement products, in which case we will pay the cost of delivering those replacement products to you. In either case we will reimburse you for your reasonable expenses incurred in returning the products to us.
12. Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.4 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.
12.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
13. Order cancellation
13.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
(a) you fail to pay, on time and in full, any amount due to us under that contract; or
(b) you commit any breach of that contract.
13.2 We may cancel a contract under these terms and conditions by written notice to you if:
(a) you cease to trade;
(b) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;
(c) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;
(d) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or
(e) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors.
13.3 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
14. Intellectual Property Rights
14.1 We hereby grant to the Customer an irrevocable, worldwide licence under the Intellectual Property Rights in the Deliverables to copy, reproduce, distribute, publish, export, adapt, edit and translate the Deliverables for all marketing activities of the Customer.
15. Length of contract for GET Marketing products
15.1 The contract for the specific supply of GET Marketing products (GET Local search engine optimization management service and/or GET Social social media management service) shall commence on the date of purchase and, subject to earlier termination in accordance with our Terms and Conditions of Sale), shall continue for a minimum term of 3 months. Either party may terminate the Agreement at any time by giving at least 3 months’ written notice to the other party.
15.2 Either party may terminate the contract for the supply of GET Marketing products immediately by giving written notice to the other party if the other party commits any material breach of any term of our Terms and Conditions of Sale.
16.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
16.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
17.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
17.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
18. No waivers
18.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
18.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
19.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
19.2 If any unlawful and/or unenforceable provision of these terms and conditions 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.
20. Third party rights
20.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
20.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
21. Entire agreement
21.1 Subject to Sections 12.1 and 15, of these terms and conditions, together with our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and services through our website and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products through our website.
22. Law and jurisdiction
22.1 These terms and conditions shall be governed by and construed in accordance with English law.
22.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
23. Statutory and regulatory disclosures
23.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
23.2 These terms and conditions are available in the English language only.
23.3 Our VAT number is 114 1463 55.
24.1 The Consultant will not disclose the Confidential Information and will protect the Confidential Information against unauthorised disclosure by using the same degree of care as it takes to preserve and safeguard its own confidential information of a similar nature, being at least a reasonable degree of care.
24.2 Confidential Information may be disclosed by the Consultant to the Consultant’s employees, officers, insurers and professional advisers, provided that the recipient is legally bound to maintain the confidentiality of the Confidential Information received.
24.3 The obligations set out in this Clause 10 shall not apply to Confidential Information that:
(a) is or has become publicly known other than through a breach of an obligation of confidence;
(b) was in possession of the Consultant prior to disclosure by the Customer;
(c) was received by the Consultant from an independent third party who has full right of disclosure; or
(d) was required to be disclosed by a governmental authority, stock exchange or regulatory body.
25. Our details
25.1 This website is owned and operated by Balls 2 Marketing Limited.
25.2 We are registered in England and Wales under registration number 07557073, and our registered office is at The Old Chapel, 1c Welbeck Grove, Allestree, Derby DE22 2LS.
25.3 Our principal place of business is at the address given above.
25.4 You can contact us:
(a) by post, using the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website from time to time; or
(d) by email, using the email address published on our website from time to time.
Our Returns Policy
1.1 We understand that from time to time you may wish to return a product to us.
1.2 We have created this policy to enable you to return products to us in appropriate circumstances.
1.3 This policy shall apply to all orders submitted through our website.
2.1 If 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 and receive a refund in accordance with this policy if:
(a) we receive the returned product within 30 days following the date of dispatch of the product to you;
(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 procedure set out in this policy in relation to the return of the product; and
(d) none of the exclusions set out in this policy apply.
3. Returns procedure
3.1 In order to take advantage of your rights under this policy, you must contact us to obtain a return authorisation number, and then send the product to us with a covering note quoting that number.
3.2 Products returned under this policy must be sent by Royal Mail Signed For delivery to Balls 2 Marketing Ltd, at The Old Chapel, 1c Welbeck Grove, Allestree, Derby DE22 2LS.
3.3 You will be responsible for paying postage costs associated with returns under this policy.
4.1 The following types of product may not be returned under this policy:
(a) Computer software (whether on CD-ROM, DVD-ROM or otherwise);
(b) Services provided to you including our GET Local and GET Social services;
(c) Website development and design services;
(d) Writing services such as press releases, blogs and website content;
(e) Design services;
(f) Payment of online website and social media advertising such as Google pay per click advertising and Facebook boosted post promotion and advertising, including agreed charges for management of placing advertisements;
(h) Any product personalised or adapted for you;
5.1 We will give you a refund for the price you paid to us in respect of any product properly returned by you in accordance with this policy.
5.2 We will not refund to you the original delivery charges relating to the returned product.
5.3 We will not refund to you any costs you incur in returning the product to us.
5.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
5.5 We will process the refund due to you as soon as possible and, in any event, within 30 days following the day we receive your returned product.
6. Our details
6.1 This website is owned and operated by Balls 2 Marketing Limited.
6.2 Our principal place of business is at The Old Chapel, 1c Welbeck Grove, Allestree, Derby DE22 2LS.
6.3 You can contact us:
(a) by post, using the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website from time to time; or
(d) by email, using [the email address published on our website from time to time.