Terms & Conditions
In using this website you are deemed to have read and agreed to the following Terms and Conditions:
These Terms and Conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the Terms and Conditions set out below. If you do not agree to be bound by these Terms and Conditions you may not use or access this Website.
Terms of website use
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements.
Customer, You and Your refers to you, the person accessing this website and accepting the Company’s terms and conditions. The Company, Presence, Ourselves, We and Us, refers to Presence Direct Limited. Party, Parties, or Us, refers to both the Customer and ourselves, or either the Customer or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Customer in the most appropriate manner for the express purpose of meeting the Customer’s needs in respect of provision of the Company’s stated services and products, in accordance with and subject to, prevailing Law of Northern Ireland. Any use of the above terminology or other words in the singular, plural, capitalization and or he, she or they, are taken as interchangeable and therefore as referring to same. "Conditions" means these terms and conditions and the Special Conditions; "Product" means a product displayed for sale on the Website; "Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided; "Special Conditions" means the terms and conditions in the Product Description; "Users" means the users of the Website collectively; "Personal Information" means the details provided by you on registration. "Website" means the website located at www.presencedirect.com or any subsequent URL which may replace it; "Cookies" means small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer; "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands.
Accessing our website
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
Registration: You warrant that the Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and You will notify us immediately of any changes to the Personal Information by contacting us using firstname.lastname@example.org. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.
Indemnity: You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
Reliance On Information Posted & Disclaimer
The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.
We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by Northern Ireland law; we exclude all liability for loss or damages, direct or indirect, arising from use of this site.
Information about us
www.presencedirect.com is a site operated by Presence Direct Limited. We are a Company registered in the United Kingdom under Registration Number: NI615913 and the office address is Presence Direct Limited, 3, McIlwaines Lane, Groomsport, County Down, BT19 6LN, United Kingdom.
Presence is a V.A.T. registered business in the United Kingdom, and the V.A.T. Number is 517 2372 58.
Intellectual property rights
We are the owners or the licensees of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. 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 material on our site must always be acknowledged.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Our site changes regularly:
If you do not agree to any change to the Conditions then you must immediately stop using the Website.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. This includes damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages
This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
Limitation of liability
Disclaimer Exclusions and Limitations: The information on this website is provided on an “as is” basis. While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for: any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses, suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions. Waiver No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
Information about you and your visits to our site
PURCHASE OF PRODUCTS
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
Contract creation and electronic contracting
The technical steps required to create the contract between you and us are as follows:
You place the order for your products on the website by pressing the confirm order button at the end of the check-out process. You will be guided through the process of placing an order by a series of simple instructions on the website. We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Presence. Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions on the website.
Non-acceptance of an order may be a result of one of the following:
The product you ordered being unavailable from stock.
Our inability to obtain authorization for your payment
The identification of a pricing or product description error.
You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
Your Statutory Rights are not affected by these Terms and Conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
The purchase of goods from Presence and all orders placed (whether via our website, in-store, by telephone or by any other means permitted by Presence) are on the basis of these Terms and Conditions, and are subject to acceptance by Presence either [as applicable]:
1. by delivery of the goods to you
2. by providing the goods purchased to you at the shop counter, at which point a legally binding contract is constituted between you and Presence.
The processing of your payment and acknowledgment of your order (including an email sent to you from Presence confirming that your order is being processed) does not constitute legal acceptance of your order. Presence may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances.
Presence reserves the right to update retail prices at any time and they will then supersede any previous retail prices displayed. However, the prevailing price is confirmed with you before accepting your order or purchase. Presence is not obliged to accept your order or purchase for such goods and may decline it or limit the order quantity.
When purchasing items at a promotional price, the relevant promotion code must be quoted by you, otherwise you may be charged the full price.
Occasionally an error may occur and goods may be either incorrectly priced or described in which case Presence is not obliged to supply the goods at the incorrect price or in accordance with the incorrect description or at all. Presence reserves the right to correct any errors. At our discretion, Presence may either cancel your order and refund the price paid by you or use reasonable endeavours to contact you and ask if wish to continue with the order on the basis of the correct price or correct description. If Presence is unable to contact you or you do not wish to continue with the order at the correct price or correct description, Presence will cancel your order and refund the price which has been paid by you.
Eligibility To Order
1. CHILDREN: Presence does not sell products for purchase by children. If you are under 18, you may use the website only with the involvement of a parent or guardian.
2. KNIFE SALES: It is illegal to sell knives to anyone who is under the age of 18. Proof of age must be provided when requested.
Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right no longer than 14 days after the day on which you receive the Products. If you wish to exercise your right to cancel this contract prior to order dispatch, click on the link and follow the procedures set out in the website.
Please note that your right to return Products does NOT apply to Products which fall into the following categories:
Goods made to your specification
Goods where the packaging or seal is broken.
Description of products
Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees. We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered on to the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.
All prices are inclusive of V.A.T. (where applicable) at the current rates and are correct at the time of entering the information on to the system. Any prices listed may contain errors or omissions. In the event of an incorrect price being listed we will not be duty bound to supply the goods at the incorrect price.
The total cost of your order is the price of the Products ordered plus delivery charges as set out in the Delivery Information of this Website. Payment can be made by any of the methods specified in the Checkout Section of this Website and payment will be debited and cleared from your account as set out in the Payment section of this Website. You confirm that the credit or debit card that is being used is yours. All credit / debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorize payment to us, we will not be liable for any delay or non-delivery.
Promotions and Discounts
Only one promotion and/or discount will be applied to any item purchased. If multiple promotions and/or discounts are available, only the one with the greatest offer/discount will be applied.
When ordering goods from Presencefor delivery outside the European Union, the recipient may be subject to import duties and taxes. Any charges for duty, taxes and customs clearance must be borne by the recipient. 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 the local customs office for further information. Additionally, please note that when ordering from Presence, the recipient is considered the importer of record and must comply with all laws and regulations of the country in which the goods are received
Your privacy is important to us and we know that you care about how information about your order is used and shared. Please be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
Refusal of transaction
We reserve the right to withdraw any Products from this Website at any time and / or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product from this Website whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website under the law of Northern Ireland you must:
1. Register by providing your real name, telephone number, email address, payment details and other requested information.
2. Stipulate an authentic delivery address. Please note that PO Box numbers, hotels and accommodation addresses are not acceptable. By making an offer to buy a Product, you specifically authorize us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.
When you visit the website or send emails to us, you are communicating with us electronically. We communicate with you by email 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.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Links from our website
If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it. The content of other party’s websites which are linked to and / or from this website are not monitored or reviewed - the opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Jurisdiction and applicable law
Compliance with laws: The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
The courts of Northern Ireland will have exclusive jurisdiction over any claim arising from, or related to, a visit to our website.
Customer Competitions and Prize Draws
- Entries will be accepted only through the Presence Direct Facebook Page and only one entry per person will be allowed.
- Competition and Prize Draws are open to all UK and Ireland residents aged 18 years or older, excluding Presence Direct employees, their agents, families or anyone professionally connected with the promotion.
- Information on how to enter Competition and Prize Draws will be available via Facebook Page: @PresenceDirect
- The Closing Date for entry to Competitions and Prize Draws will be advised and after this date no further entries will be accepted.
- The winner(s) will be drawn at random from all the winning entries received. Facebook competition winners will be notified on Facebook and asked to private message the page to provide their details.
- There are no alternative prizes or cash alternatives to the prizes stated. The prizes are not transferable. Prizes are subject to availability and the Promoter reserves the right to substitute any prize with another of equivalent value without giving notice.
- Winners will be notiﬁed (by email, telephone or post) within 7 days of the completion or draw taking place.
- The promoter is not responsible for inaccurate prize details being supplied to an entrant by any third party connected with this competition.
- Winners’ names and towns will be available on request in store.
- Winners may be requested to take part in publicity.
- All participants will be deemed to have accepted and be bound by these Terms and Conditions and by any other requirements set out in the promotional material presented.
- The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
- The Promoter’s decision is ﬁnal and no correspondence will be entered into at any time.
PROMOTER: Presence Direct
Office Address: 3, McIlwaines Lane, Groomsport, County Down BT19 6LN United Kingdom
If you have any concerns about material which appears on our site, please contact us by email: email@example.com or in writing addressed to Presence, 3, McIlwaines Lane, Groomsport, County Down, BT19 6LN, United Kingdom.
Thank you for visiting our website.