PMS International
Cricketers Way
Basildon, Essex
SS13 1ST
United Kingdom

email sales@pmsinternational.com

phone 01268 505050

Terms and Conditions

© 2018 PMS International Group Plc

INTELLECTUAL PROPERTY RIGHTS

 

The integrity of our Elves Behavin Badly® range is protected by our range of registered Trade Marks and European Registered Designs. Our Brand Name Elves Behavin Badly® is a UK Registered Trademark (Registered No UK00003207547) which gives PMS International Group Plc the exclusive right to use this mark in relation to this range of goods. Our central Elf Characters, boy, girl and baby elves are all protected by European Registered Designs which give us exclusive rights in relation to the outward appearance and overall impression of these elves. ELFIE  RCD No. 00379892500002 ELVIE RCD No. 003840677-0004 BABY RCD No. 003811397-0001. Our product packaging has been exclusively designed by our team of in house designers and copyright exists in all of these artistic works and our packaging material is marked with a © to ensure all third parties know the works are copyrighted. We will vigorously enforce our intellectual property rights against any third party who may infringe.

PMS INTERNATIONAL GROUP PLC

REGISTERED ADDRESS  INTERNATIONAL HOUSE CRICKETERS WAY BASILDON ESSEX SS13 1ST

REGISTERED COMPANY NUMBER 01439694

TERMS OF USE


This website is owned and operated by the PMS International Group Plc and will be referred to as “The Group”, "we", "our" and "us" in these terms and conditions. Your access to and use of all information on this website is provided subject to the following terms and conditions of use.   We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended.  We therefore recommend that each time you access our website you read these terms and conditions.
Privacy 1.    We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us.  Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner. 2.    Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page. Jurisdiction 3.    These terms and conditions are to be governed by and construed in accordance with the laws of England and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in England and you agree to submit to the jurisdiction of those Courts. 4.    If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.  If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect. Site Access 5.    When you visit our website, we give you a limited licence to access and use our information for personal or business use. 6.    You are permitted to download a copy of the information on this website to your computer for your personal or business use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice.  Your use of our content must not in any other way infringe our intellectual property rights. 7.    Except as permitted under the Copyright, Designs and Patents Act 1988, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission. 8.    The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools.  The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website. Hyperlinks 9.    This website may from time to time contain hyperlinks to other websites.  Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website.  Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide. 10.    Linking our website is not permitted without our prior written permission.  We reserve the right to serve you with notice if we become aware of such linking. Intellectual Property Rights 11.    The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials. 12.    All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Further information about our Intellectual Property Rights is provided below.  Your access to our website does not license you to use those marks in any commercial way without our prior written permission. Disclaimers 13.    Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. 14.    To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.   15.    We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website. 16.    From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders.  Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material. Limitation of Liability 17.    To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again. 18.    We accept no liability for any loss whatsoever including consequential loss suffered by you arising from product/s we have supplied. Indemnity 19.    By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.   ;Registered Users (additional Terms and Conditions) 20.    Your access to and use of all information on this website including any purchase of our products is provided subject to our general terms and conditions of use and on placing an order also subject to our terms and conditions of sale.   21.    In order to access certain sections of this website, you must apply to become a registered user.  You must complete a registration request by providing certain information as set out on our registration page.  Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration. 22.    Registration requests will only be processed for Trade Customers ONLY. 23.    You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change. 24.    We are not required to give reasons for rejecting a registration request. 25.    For successful registrations, we will provide you with a password and email address/Account No. 26.    We reserve the right to terminate your registration at any time if you breach these terms and conditions. Products Sold Through Our Website 27.    Any prices shown are in Great British Pounds (GBP) and are exclusive of VAT.  We endeavour to ensure that our prices are current.  We reserve the right to amend our prices at any time.  If you have placed an order, we reserve the right to cancel your order should our prices change. 28.    All orders are subject to our Terms and Conditions of Sale and in the event of any discrepancy between these terms and conditions and our Terms Of Conditions of Sale then the Terms and Conditions of Sale will take precedence.  A copy of our Terms and Conditions of Sale can be found on our order page. Product Descriptions 29.    We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate.  Where we become aware of any mis-description, we reserve the right to correct any error or omission.   30.    Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product. Conduct Policy for Interactive Areas  31. In consideration of being allowed to use the Interactive Areas, you agree not to engage in any of the following activities:
    •    Using an Interactive Area for any purpose in violation of local or national or international laws.
    •    Posting material that is unlawful, offensive, obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other

         person or entity as determined by PMS International Group Plc at its sole discretion.
    •    Posting material that contains any virus, worm, Trojan Horse or other code which may contaminate, destroy or interfere with the files or programs of

         PMS International Group Plc or its users.
    •    Posting advertisements or solicitations of business without prior express written consent from PMS International Group Plc in advance.
    •    After receiving a warning, continuing to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless

         it is clear the discussion is free form).
    •    Allowing any other person or entity to use your identification to post or view comments.
    •    Engaging in any other conduct that restricts or inhibits any other person from using the Interactive Areas of the website, or which, in the judgment of

         PMS International Group Plc exposes it or any of its users to any liability or detriment of any type.

WEBSITE PRIVACY POLICY

This website is owned and operated by the PMS International Group Plc and will be referred to as “The Group”, "we", "our" and "us" in this Internet Privacy Policy. Your information may be passed to and used by all companies within The Group. The Group will not disclose or distribute your information outside of The Group to third parties without the prior written consent of the customer except as specified below. By using this site, you agree to the Internet Privacy Policy of this web site ("the web site"), which is set out on this web site page. The Internet Privacy Policy relates to the collection and use of personal information you may supply to us through your conduct on the web site. We reserve the right, at our discretion, to modify or remove portions of this Internet Privacy Policy at any time. This Internet Privacy Policy is in addition to any other terms and conditions applicable to the web site. We recognise the importance of protecting the privacy of information collected about visitors to our web site, in particular information that is capable of identifying an individual ("personal information"). This Internet Privacy Policy governs the manner in which your personal information, obtained through the web site, will be dealt with. This Internet Privacy Policy should be reviewed periodically so that you are updated on any changes. We welcome your comments and feedback.


Personal Information
    •    Personal information about visitors to our site is collected only when knowingly and voluntarily submitted. For example, we may need to collect such

          information to provide you with further services or to answer or forward any requests or enquiries. It is our intention that this policy will protect your

          personal information from being dealt with in any way that is inconsistent with applicable privacy laws in the United Kingdom.
 

Use of Information
    •    Personal information that visitors submit to our site is used only for the purpose for which it is submitted or for such other secondary purposes that are

          related to the primary purpose, unless we disclose other uses in this Internet Privacy Policy or at the time of collection. Copies of correspondence sent

          from the web site, that may contain personal information, are stored as archives for record-keeping and back-up purposes only.
    •    The PMS International Group Plc is a registered data controller under the Data Protection Act 1998. Any personal information collect will be used in

          accordance with the Data Protection Act 1998 and any other laws that may be applicable.
 

Collecting information on Registered members
    •    As part of registering with us, we collect personal information about you in order for you to take full advantage of our services. To do this it may be

         necessary for you to provide additional information to us as detailed below.
    •    RegistrationRegistration is completely optional. Registration may include submitting your name, email address, address, telephone numbers, options

         on receiving updates and promotional material and other information. You may access this information at any time by logging in and going to your B2B

         account.
 

Credit Card Details
    •    Credit Card details are only stored for the processing of payment and will be deleted once payment is processed.

 

Disclosure
    •    Apart from where you have consented or disclosure is necessary to achieve the purpose for which it was submitted, personal information may be

         disclosed in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone

         damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such

         activities. Also, we may disclose personal information when we believe in good faith that the law requires disclosure.
    •    We may engage third parties to provide you with goods or services on our behalf. In that circumstance, we may disclose your personal information to

         those third parties in order to meet your request for goods or services.
 

Security

    •    We strive to ensure the security, integrity and privacy of personal information submitted to our sites, and we review and update our security measures

          in light of current technologies. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.
    •    However, we will endeavour to take all reasonable steps to protect the personal information you may transmit to us or from our online products and

          services. Once we do receive your transmission, we will also make our best efforts to ensure its security on our systems.
    •    In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of

          any personal information held by us. However, we will not be held responsible for events arising from unauthorised access to your personal information.
 

Collecting Information for Users
    •    IP Addresses. Our web servers gather your IP address to assist with the diagnosis of problems or support issues with our services. Information is

         gathered in aggregate only and cannot be traced to an individual user.
 

Problems or questions
    •    If we become aware of any ongoing concerns or problems with our web sites, we will take these issues seriously and work to address these concerns. If

         you have any further queries relating to our Privacy Policy, or you have a problem or complaint, please contact us at info@elvesbeahvinbadly.com 
 

Further Privacy Information
    •    For more information about privacy issues in the UK and protecting your privacy, visit the Information Commissioner's Office website;

         http://www.ico.gov.uk/.

Terms and Conditions