Terms & Conditions
HaveBest Ltd (hereinafter also referred to as “HaveBest”) welcomes you to its world of Online Shopping and much more. HaveBest is pleased to provide you the services of access to this website located at HAVEBEST.COM (hereinafter also referred to as “site”). We here provide a set of TERMS AND CONDITIONS (hereinafter also referred to as “Terms”) of usage, that governs our relationship with users (of all types, using our services, in any manner, whatsoever, through any means and for any purpose), customers & others who interact with HaveBest. It forms the basis of your agreement with HaveBest and these Terms supersede and replace any and all prior oral or written understandings or agreements between HaveBest and you regarding the Services and Content. HaveBest provides you its services and sells its products to customers subject to the conditions set out in these terms. The parties to this agreement shall unless put repugnant to the context, means & include its successors, legal heirs, assignees, executors & administrators etc.
For the purpose of these terms, wherever the context so requires, “You” or “user” shall mean any natural or legal person, who is accessing our website- (HAVEBEST.COM) or is using our services, in any manner, whatsoever, through any means. The term “HaveBest”, “we”, “us”, “our”, shall mean “HaveBest Ltd”. Except when the context so requires, everything that is in the singular shall include the plural and whatever refers to the masculine shall include the feminine.
NB : By accessing or using this website or placing an order for purchase of goods on this website or by agreeing to these terms where the option is made available to you in the user interface, you are deemed to have expressed your consent to, agree with and understand these terms (as updated from time to time).
1. OWNSHIP & PROPRIETARY RIGHTS
The proprietary rights and other intellectual property rights (including, without limiting, copyrights, rights to use trademarks, trade names, HAVEBEST logo & brand names) to the site are owned by HaveBest. The software applications providing you all the services (videos, text messages, pictures etc) & the associated documentation ( in any form) including any improvement, modifications, upgrades & future updates, provided in any manner, are licensed to you by HaveBest. All the rights (including, without limiting, ownership rights) of the content posted by HaveBest on the site are reserved by HaveBest. This content can’t be used in any manner, whatsoever, without the prior permission & written consent of HaveBest. You agree that you will not take any action to jeopardize, limit or interfere with our intellectual property rights in the site and its software.
Links to our site: Those wishing to place a link to this Website on other sites may do so only to the home page of the site Havebest.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of HaveBest. To find out more please contact us.
2. LICENSE TO USE
3. EFFECTIVENESS OF THE TERMS
When you register/start using the site or place any order for purchase of our products, it is implied that you agree to the terms in full. Only upon acceptance of the terms contained herein, you will be entitled to submit electronic orders. You may use our Services only if you are 18 years of age or older. By using our services you warrant that you are 18 years of age or older. Users under 18 years of age should use the Site only with the permission of a parent or guardian. The parents or guardians of anyone under 18 years using the Site should review these Terms carefully.
Use by Children: We do not sell products to children. Only adults can make purchases on our site. If any user is under 18 years of age, use of this site shall be made only with the involvement of parents or guardian.
However, if you are under 18 years of age or are not entitled to use our site because of laws applicable in the country where you reside, then you cannot accept our terms & are refrained from using the site, softwares and other products/services.
4. CHANGES/MODIFICATIONS/ALTERATIONS TO THE TERMS
HaveBest reserves the right to change, modify, alter or revise in any form, these terms, from time to time. We will notify the changes at appropriate place on the site. The changes will take immediate effect, when published. Therefore, you are advised to review the terms at regular intervals to keep yourself updated with such changes. Your express acceptance of the revised terms or usage of site after the date of publication of revised terms will be taken as your agreement to the same. If you do not agree to such changes/modifications/alterations/ to the terms, you should withdraw from using the site in any manner.
5. Community Guidelines and Enforcement Rights
You agree that you will use this site only in a manner that is consistent with the Community Use Guidelines set forth below. If you use the Services in a manner that is inconsistent with the Community Guidelines, your Account/Registration on our site may be suspended or terminated and legal action may follow.
5.1. Restricted Use: Whether as a registered User or otherwise, You must not :
a. Sell, rent, sub-license, lease or otherwise grant any rights to a third party to use materials from this site.
b. Republish or publicize material from this site for commercial purpose or use the Site or its Contents for any commercial purpose or benefit of any third party or in any manner not permitted by these Terms.
c. Undertake or try to edit, modify, decript, hack or discover the source code or protocols of the site or any material provided on the site or attempt to decompile or reverse engineer any software contained on this site.
d. Use the site for any unlawful, illegal, misleading, fraudulent or harmful activity or purpose.
e. By any mean upload viruses or other malicious codes on the site that would impair the proper functioning of the site, such as Denial Of Service attacks (DOS) or Distributed Denial of Service attacks (DDOS) or Use the site in any way that causes any damage to the site or adversely affects its availability or accessibility.
f. Use the site to transmit or send any unsolicited commercial communications like sending any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other forms of solicitation.
g. Access, tamper with, or use non-public areas of our Network, our computer systems, or the technical delivery systems of our service providers.
h. Collect or store any personally identifiable information from the Site from other users of the Services without their express permission.
i. Use any meta tags or other hidden text or metadata, utilizing HaveBest’s trademark, logo, URL or product name without our express written consent;
j. Use, display, mirror or frame the Site, any individual element within the Site, HaveBest name, trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without the express written consent of the HaveBest.
k. Attempt to probe, scan, or test the vulnerability of any of our Network systems or network or breach any security or authentication measures.
l. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our service providers or any other third party (including another user), to protect the Site or its Contents.
m. Attempt to access or search the Site or its Contents or download Contents from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by our Network or other generally available third party web browsers.
n. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or its Contents to send altered, deceptive or false source-identifying information.
o. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services.
p. Impersonate or misrepresent your affiliation with any person or entity.
q. Hack, intercept, modify, damage or monitor any communication not meant for you.
r. Encourage or enable any other individual to do any of the foregoing.
5.2. User Obligations & Responsibilities/Usage of Site
5.2.1 Account Registration- If you want to use certain features of the Site, you’ll have to get registration on the site and create an account (“Account”) with a User ID and Password. By registering with the site, you can access or view the prices, product inventories and submit purchase orders electronically. You are responsible for using the site in a private and secure manner. We will not be liable for any damage or loss arising out of unauthorized account access resulting from your actions, such as not logging out of the account or sharing your account User ID or password. We reserve the right to refuse registration or cancel an account at any time.
As a user, you should provide true & accurate information while getting registration on the site. You agree not to create account or get registration for anyone else without his/her permission. You will not make any effort to gain access to an account belonging to someone else. You also agree not to create more than one personal account and report promptly to us, any unauthorized use of your account.
A User is solely responsible for all the activities done through or from his account on HaveBest.com
5.2.2 Using fraudulent information to complete orders and/or completing orders with fraudulent intent will result in the member account being deleted without notice and the proper authorities will be informed and legal action will be taken. Fraud includes, but is not limited to, the following: using stolen credit cards to complete orders; using false information to complete orders; using information that is not authorized by card holder.
5.2.3 If you infringe any other person’s intellectual property rights (such as trademark, trade name, logo etc), your account will be liable to be disabled/suspended, sine die, at our sole discretion.
5.2.4 Although HaveBest is not obligated to monitor access to or use of our Services or Content, it has the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. HaveBest reserves the right, but is not obligated, to remove or disable access to any account, at any time and without notice, if it considers any activity to be objectionable or in violation of these Terms, at its sole discretion. We have the right to investigate violations of these Terms or conduct that affects our Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law or other legal requirements. We reserve the right to remove any material/content/information posted/shared/uploaded by you as a user (i.e. User Generated Content), if it is offensive, harsh, unwanted, illegal, sexually explicit in any way or it violates our terms or we think it is appropriate to do so. If for whatsoever reason, User Generated Content is removed, then we are under no obligation to put back or restore that content at any time.
5.2.5 As a User, you may come across content that is offensive, indecent or objectionable. You acknowledge the same & use the site at your own risk & can’t hold HaveBest liable, in any respect, relating to the same.
5.2.6 User Verification- Sometimes due to some reasons, user verification is necessary. We reserve the right to ask for verification of a User’s identity & seek further information from the User. If a User is not able to verify his identity, he/she may not be able to access his/her account. Also, before accepting payments through cheques, we may consult credit rating agencies to verify your credit worthiness and you agree to this fact that we may obtain information about your credit worthiness from outside agencies, in such cases.
A complainant is solely responsible for the consequences of his/her complaint & he/she agrees that any complaint may be used in legal proceedings. Any false/misleading information provided in this case may result in civil or criminal liability.
In case of any complaints (including any complaints relating to violation of Intellectual Property Rights), please contact Contact Us.
5.2.8 Breach of Terms- Breach of these terms, in any way, may lead to harsh actions against you, including (but not limiting to), suspension/termination of your user account, prohibition from accessing the site & bringing legal/court proceedings against you.
5.2.9 General Practices-You acknowledge that HaveBest may establish general practices including, without limiting, the maximum number of days that text/video, or other uploaded content will be retained on the site, the maximum disk space that will be allotted to a user account on the site & maximum number of times you may access a service on the site in a given period of time. You agree that HaveBest has no responsibility or liability for your failure to get access on the site. HaveBest also reserves the right to modify these general practices at any time without notice & you acknowledge the same. HaveBest reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice.
5.3 TERMINATION OF ACCOUNT
5.3.1 As a user, you can terminate your account by simply closing or deleting your user account & ceasing to access the site. With this, all your rights to use our services will immediately cease/terminate/end.
5.3.2 Moreover, we reserve the right to terminate, close, or suspend your account at any time, if:
· You are using the site or your account for any illegal purpose or activity, whatsoever or with a fraudulent intention.
· It is necessary to do so to comply with any law, rule or regulation or we think it is necessary to do so.
5.3.3 If your user account is inactive for more than one year, then it is liable to be terminated/closed/suspended. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
6. USING HAVEBEST ON MOBILE
- You will not sell, rent, sub-license, lease or otherwise grant any rights to a third party to use our software or mobile site.
- You will not undertake or try to edit, modify, decript, hack or discover the source code or protocols of our software or Attempt to decompile or reverse engineer our mobile site or any software contained within in.
- We may also automatically download configuration changes and updates to the Software from time to time. You may be required to update the Software in order to continue using services. You agree to accept such updates subject to these Terms unless other terms accompany the updates. We are not obligated to make any updates available and do not guarantee that we will continue to support the version of the operating system or device for which you licensed the Software or that updated Software will be compatible for use with end users running older versions of the Software. Updates may be required to maintain software compatibility, provide security updates or bug fixes, or offer new features, functionality or versions.
7. TERMS OF SALE-ORDERS, PRICINGS, PAYMENTS & DELIVERY
7.1.1 Buying goods on HaveBest:
If you want to buy any item on HaveBest, you must be registered on the site. You need to select the item from our product listings, forward your order and pay the required price. Then, you receive an order confirmation from us and finally you get the delivery of the item(s) you purchased.
The product listings on our site constitute only an invitation to offer. Further, when you place an order for the purchase of our products, your order is an offer to HaveBest to buy the products stated in the order. Thus, your placement of order does not constitute any legal binding contract between you and HaveBest. A contract is not formed at the point in time when the payment has been taken from you nor at the point in time when you receive an email notifying confirmation of your order. A legally binding sales contract is formed, only when we dispatch the goods at your shipping address and notify you the dispatch.
7.1.2 HaveBest rights:
We reserve the right to accept or reject any order placed on our site, at our sole discretion. Until the goods are dispatched, your order may be rejected or cancelled at any time without any explanations, even if you have received your order confirmation. We will be prompt in refunding the payment made by you for your order, if cancelled. You agree to waive all claims in case your order is rejected or cancelled by HaveBest.
7.1.3 Transfer of risk & ownership:
You acknowledge and agree that title and risk of loss to the Products pass to you upon delivery to the carrier. We do not provide insurance on the Products during delivery.
7.2.1 Delivery time:
All orders placed before 2pm will be dispatched the same day. Orders received after this time will also be dispatched the same day but this cannot always be guaranteed. Orders placed during the weekend will be processed on the next working day.
Here it is expressly mentioned that we shall not be liable in case of delay in delivery of goods beyond 7 days due to reasons beyond control including without limiting, shortage of materials, labour strikes, transportation failure, shipping company error, or acts of God. The customer waives every claim in such a case.
7.2.2 Shipping Charges:
Shipping is free for all orders over £10. Under this amount, customers must pay £2.00 for postage.
7.2.3 Delivery tracking:
Company will arrange shipping of the Products to your address using a carrier of Company choice. All dispatched goods are fully traceable. Enter the requisite details and you can easily track your order.
7.3 PRODUCT INFO, PRICING & AVAILABILITY
7.3.1 All prices displayed in the listings are in GBP (£).
7.3.2 All prices are inclusive of taxes and value added tax (VAT).
7.3.3 We have taken every care in the preparation of the content of this website, in particular that the prices quoted are correct at the time of publishing and all products have been fairly described. We have made every effort to display as accurately as possible the colours of our products that appear on the website. However the limitations of colour reproduction and the individual colour settings of your monitor may mean a slight variation. All sizes and measurements are approximate; however we do make every effort to ensure they are as accurate as possible.
7.3.4 We will honor your order subject to availability of stocks. In case a product you ordered is out of stock, your order will not get processed and no amount will be charged from you. On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our or our third party fulfillment provides inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability. Thus you agree that, if any order is accepted and payment processed but later on it is found that the item ordered is out of stock, then we may contact or cancel your order and the amount received will be refunded back without additional liability of any sorts.
7.3.5 In certain cases, some of our products may be mis-priced on the site. This usually happen due to technical errors at our back-end. Every time you place an order on our site, we will verify the price of the products ordered before processing the payment. In case a product you order, has a price higher than the price on the listing, we may either notify you of the same to take our consent or cancel your order.
We are under no obligation to deliver the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if there is a pricing error, whether or not, obvious and unmistakable and could have reasonably been recognized by you as a pricing error. We reserve the right to refuse orders where product information has been mis-published including prices and promotions.
Further, we reserve the right to discontinue or change specifications and prices on products offered without prior notice and without incurring any obligation to you.
- Modes of payment: the only method we currently accept is Paypal, however Paypal does accept other methods of payment e.g. debit card which we also accept.
- All payments on the Site are subject to applicable laws, statutes and rules. If the laws of the land, where a user reside, restricts or prohibits him/her from making payments on our site, then such laws will supersede these payment terms and such user should not make any payment on the Site. We disclaim any responsibility or liability in such cases.
- You represent and warrant that if you are paying for any purchases from us or then (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
7.5 CANCELLATIONS & RETURNS
7.5.1 Cancellation of order:
Generally, we do not accept any cancellations once we have dispatched the goods and notified you the same. If you want to cancel your order, you must contact our support team within 24 hours of your confirmation of order or before dispatch of goods, whichever is earlier. However, if the goods have not been dispatched, your may contact our support for the cancellation of order, even after the said period of 24 hours of your order confirmation. But, in this case your cancellation request will be entertained only at the sole discretion of the company, if it is feasible to do so.
If your cancellation request could not be processed due to expiry of the aforesaid time, then you have to receive the shipment. However, you can exercise your right to return the delivered goods as per clause 7.5.2.
7.5.2 Return of goods:
In case you are not satisfied with the goods delivered to you by HaveBest or otherwise, you can return the same. You must retain your invoice, order confirmation and delivery note, as you need to furnish them to us at the time of return. The policy of the company in this case is as follows:
126.96.36.199 Time period:
If you want to return the goods purchased from HaveBest.co.uk, then you can do so at your disposal by intimating the return request to our support team within 14 days from the day you get the delivery of item(s) purchased. This is in line with the statutory rights provided to consumers under the Consumer Protection Regulations, 2013. We recommend you to contact us well before the expiry period so that return can be concluded with ease. If you decide to cancel your purchase and return the goods, the same must reach back to us within 14 days of your return request.
188.8.131.52 Refund of payment received or replacement:
Once we receive back the goods returned, we will refund all the payments received from you in respect of goods returned in due course or provide you a credit note for the same amount, which can be used for shopping on the site in future or replace the item in case of defective goods at your option, as a customer. Full refunds (including shipping cost) will be issued only in case of defective items. In case of casual returns, shipping cost will not be refunded.
184.108.40.206 Cost of return shipment:
Cost of returning the goods shall be met by the customer only. However, in case of defective or faulty goods and misdeliveries, we will also reimburse the delivery charges of return of goods.
220.127.116.11 Risk of loss:
If you return the goods, we will not be responsible for any loss or damage to them during transit and we recommend that you use a reliable delivery method. If goods are lost or damaged in transit, we will charge and not refund to the customer, amounts attributable to such loss or damage. In such a case, partial or no refunds will be issued, as applicable.
18.104.22.168 Confirmation of defect:
In some case, apparent defect may not turn out to be an actual defect. If a defect is found in the goods received or if the goods do not fit the description, the customer should contact our support team in order to confirm that the item is a defective piece. Return request of defective goods will be accepted only after confirmation of defect.
22.214.171.124 Rejection of returns:
If any product claimed to defective and returned, is received by the company and upon inspection it is found that the product is not defective, then company will issue a partial refund, in case the product is used (in any manner) and return charges will not be reimbursed.
126.96.36.199 Used items:
The returned item should be in complete unused and re-saleable condition. If on inspection of returned goods it is found that the customer has used the goods and it is without any defect, then partial refund will be issued, depending upon the marketability and condition of the goods.
188.8.131.52 Retention of original packing:
The product should be returned along with its original packing and all the original materials included with the shipment.
We may make a deduction from the refund and reimbursement due for the loss in value of any goods returned, if the loss is the result of any mishandling by the customer.
Improper returns: If returns are not made as per above the conditions we may refuse to accept the return and no refund shall be issued.
HaveBest.com reserves the right to refuse returned merchandise or may ban a customer from completing future purchases, if it is determined that a customer has a history of abusing the returns policy. All returns should be sent to our registered address:
55 Derby Street
Cheetham Hill ,
9. LIMITATION OF LIABILITIES & DISCLAIMER OF WARRANTIES
· WE ALWAYS STRIVE TO KEEP OUR SITE ACCESSIBLE & BUG FREE. BUT THE SOFTWARES & THE SITE ARE PROVIDED TO YOU “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT OF ANY INTELLECTUAL OR PROPRIETARY RIGHTS OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE DO NOT GUARANTEE THAT OUR SITE WILL ALWAYS BE AVAILABLE WITHOUT DISRUPTIONS OR DELAYS NOR WE GUARANTEE THAT IT WILL BE SECURED, ACCURATE, SAFE AND ERROR FREE.
· MOREOVER, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR OTHER ECONOMIC DAMAGE, (INCLUDING, WITHOUT LIMITING, LOSS OF ANY BUSINESS PROFITS/REVENUES OR LOSS OF GOODWILL OR DAMAGE TO DATA OR SERVICE INTERRUPTION OR COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
· In all cases our liability will be limited to fullest extent permitted by law. We do not assume any responsibility from use of the site by any of the users unless we expressly take the responsibility for the same. The limitations of damages set forth above are fundamental elements of the basis of the agreement between HaveBest and you and shall survive the termination of this agreement.
· Third Party Claims- You acknowledge & agree that we are not liable for any claim you have against any third parties and you release us from any claims arising out of or in connection with such claims you have against third parties.
· Indemnity- You agree to indemnify and hold HaveBest.com Ltd and its officers, directors, employees and agents harmless from and against any claims, disputes, demands or liabilities, arising out or in any way connected with (i) your access to or use of our services or content, or (ii) your user content, or (iii) your violation of these terms, or (iv) your conduct, in any manner whatsoever. You will indemnify us for damages, losses, expenses, costs, including, without limiting, reasonable legal and accounting fees if any, suffered by us due to any and all such claims.
10. GENERAL TERMS
10.1 We reserve all the rights not expressly granted to you.
10.2 Our failure to enforce any right or provision of these Terms will not be considered as a waiver of those right(s). The waiver of any such right or provision will be effective only if the same is in writing and duly signed by an authorized representative of HaveBest.com Ltd. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
10.3 Sometimes, due to maintenance or up gradation of site or otherwise, your access to the site may be limited or suspended. This is inevitable so as to provide you the best of our services. You agree & understand that you will not be entitled to claim damages for suspension or limitation of use.
10.4 We cannot guarantee that our site will be available without any interruptions, delays or errors. There are many factors which may disrupt our site and over which we do not have any control. We do not take any responsibility in such cases and we will not be in breach of any of our obligations towards you under these terms.
10.5 We may provide you links to other websites. However, we are not, at all, responsible for the content of such other websites and we do not endorse, warrant or guarantee the products or services described or offered in such websites
10.6 If any portion of these terms is found to be unenforceable, the remaining portion will be applicable in form and effect.
10.7 You acknowledge and agree that you cannot transfer any of your rights or obligations under these terms or agreement to anyone else, in any manner, whatsoever, without prior notice and our express permission. However, we can freely assign these terms or any rights or obligation contained in them to any third party, without any prior notice.
10.9 Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by us: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed to be the date, on which such notice is transmitted. Further, all agreements, notices, disclosures and other communications shall be provided electronically and you agree that this mode of communication is valid to satisfy any legal requirements unless the applicable laws provide otherwise.
10.10 Jurisdiction- These terms and conditions and the relationship between you and HaveBest.com Ltd shall be governed by and construed in accordance with the Law of England and Wales and HaveBest and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
FOR ANY CLARIFICATIONS OR IN CASE OF ANY DOUBTS YOU CAN CONTACT US.