Terms of use

Thank you for accessing http://www.realbuzz.com-shop (the "Website").

Please read these Terms of use before using the Website which is operated by realbuzz.com Retail Ltd. (registered number 6734206, VAT number 939 5979 44), whose registered office is at 272 Regent’s Park Road, Finchley Central, London N3 3HN, United Kingdom ("we", "us" or "our").

By using the Website, you signify your acceptance of these Terms of use in consideration of which we provide you with access. From time to time we may modify these Terms of use so please continue to review them whenever accessing or using the Website. If at any time you do not wish to accept the Terms of use, you may not use the Website. From time to time we may run competitions and promotions via the Website. Separate Terms of use will be posted where applicable governing such competitions and promotions. Please read the Terms of use or www.realbuzz.com the “Host Website”, which is operated by realbuzz.com Limited.

1. While we have endeavoured to ensure the accuracy of information on the Website, we do not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website. The Website and the Content are provided "as is" without any warranties of any kind unless specifically stated. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
2. We have no control over or responsibility for websites to which the Website is linked. Your use of such websites is at your sole risk.
3. The Website, including text, content, software, video, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks and other material ("Content") is protected by copyrights, trademarks and/or other proprietary rights. The Content includes both content owned or controlled by us and content owned or controlled by third parties and licensed to us. All articles, reports and other elements making up the Website may be copyright works. You acquire no rights or licences in or to the Website and/or the Content other than the limited right to use the Website in accordance with these Terms of use and to download no more than one copy of the Website for your personal, non-commercial use.
4. All prices are expressed inclusive of any VAT payable unless otherwise stated.
5. Payment can be made by the following credit/debit cards: MasterCard, Visa, Mastercard Debit, Visa Debit, Maestro and Electron.
6. Your card will be charged when your order is confirmed.
7. Delivery is only available to addresses within England, Scotland, Wales and Northern Ireland.
8. Delivery terms and costs are subject to your requirements; however we endeavour to send out all orders by first class post within 24 hours of receipt. Orders that have been placed by 12 noon and have been requested as Standard Delivery should be received within 2-3 working days, and no longer than 7 days from date of dispatch. Your order is charged at £2.50 for delivery. Special Delivery Next Day is available on mainland UK only at an extra charge of £5.00 per order. This service is only available Monday to Friday.
9. Whilst we make every effort to deliver to you, we shall not be liable if we fail to do so in part or in full due to circumstances out of our control. We shall contact you to let you know if we are having any problems getting an item to you within that time.
10. We try to ensure that we always stock the full product range. All products that are in stock and available for purchase can be added to shopping basket. Products that are out of stock will be labelled ‘out of stock’ and the ‘add to basket’ option will be unavailable. If, for any other reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you except to ensure that you are not charged for that item.
11. If, by mistake, we have underpriced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch the item to you. In those circumstances, we will notify the correct price to you so you can decide whether or not you wish to order the item at that price. If you decide not to order the item, we will give you a full refund on any amount already paid for that item in accordance with our refund policy.
12. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually despatch an item to you, at which point a contract will be made between us. At any point up until then we may decline to supply an item to you. If we decline to send an item to you and you have already paid for it we will give you a full refund of any amount already paid for that item in accordance with our refund policy.
13. Return of goods and refunds meet the Distance Selling Regulations and are subject to the following terms;
    All returns must be pre-authorised by realbuzz.com Retail Ltd. Please ensure that you have a returns code for your item before it is returned. Email shop@realbuzz.com so that we can issue you with a goods returns number. Any product items returned without a pre-authorised returns number will not be accepted.
    We regret that realbuzz.com Retail Ltd cannot be held responsible for non-delivery of returned goods so we recommend that you obtain a free certificate of posting from the Post Office.
    There is no refund available for Premium Membership packages or downloadable products that have been successfully downloaded. If a problem occurs during the download with the fault originating from the Website, resulting in the product not being received, which could not be rectified by a member of the Website’s staff, a refund may be given. However, if the fault occurred on the local host’s machine, the Website does not take responsibility for the product not being received.
    Every customer has the right to cancel their order which must be done in writing or other durable medium and within 7 working days of receipt of the goods. Goods can be returned for a full refund (including delivery charge) if they are faulty or if the wrong item has been dispatched provided that you notify us of receipt of faulty or incorrect goods within such time that it is deemed reasonable after discovery of the same. Please ensure that you complete the enclosed form detailing the reason for returning the item(s).
    When you send your item back to us we will process the returned item and offer you the choice of a replacement or a refund. If the goods have been dispatched as ordered, but are unwanted due to their description on the website being incorrect or misleading, then they can be returned for a repayment (including delivery charge).
    If an item has been returned for any reason other than a product fault or a mistake we’ve made, you will be refunded the cost of the goods and the post and packaging charges but not the return postal charges, the adjustment for your return will be made directly to your card. Your statutory rights are not affected.
    You are required to take reasonable care of the items. Items must still be unused, have their original packaging and labelling, and be accompanied by the returns note. Nothing in these conditions affects your statutory rights as a consumer. The card used for the purchase will be credited with the original purchase amount.
    Please note exceptions are: DVDs, Videos, and items specially manufactured to your order can only be refunded or exchanged if the goods returned have been deemed to be faulty, please check before you return these types of items.
    All items to be returned should be sent to the following address: realbuzz.com Retail Ltd, 12 Nicholas Street, Chester, CH1 2NX.
14. If you wish to register a complaint, please contact us. Alternatively, you may telephone the Website’s Retail Team on 01244 311 111. The Website will aim to deal with all complaints as effectively as possible.
15. In order to place an order on the Website or use other services, you will have to create a realbuzz.com account. When registering and creating your account, you must provide accurate and complete information and ensure that this information is kept accurate and up-to-date at all times. The Website reserves the right to terminate your membership if we learn that you have provided false or misleading registration information. It is important that you keep your account password secure and confidential. You must notify us immediately of any breach of security or unauthorised use of your realbuzz.com account that you become aware of. You will be solely responsible (to the Website, and to others) for all activity that occurs under your realbuzz.com account.
16. By sharing any contribution (including any text, photographs, graphics, video or audio -“User Generated Content”) with the Website you agree to grant the Website, free of charge, permission to use the material in any way it wants (including modifying and adapting it). Copyright in your contribution will remain with you and this permission is not exclusive, so you can continue to use the material in any way including allowing others to use it. In order that the Website can use your contribution, you confirm that your contribution is your own original work, is not defamatory and is lawful in the country to which you are resident, that you have the right to give the Website permission to use it for the purposes specified above, and that you have the consent of anyone who is identifiable in your contribution or the consent of their parent / guardian if they are under 16.
17. By submitting User Generated Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with your User Generated Content. We reserve the right to display advertisements in connection with your User Generated Content and to use your User Generated Content for advertising and promotional purposes.
18. We reserve the right to terminate or restrict your access to the Website at any time without notice for any reason whatsoever. The Website shall be entitled to disclose your user identity and details if required or requested by the courts or other law enforcement authorities and/or agencies or in such other circumstances as specified in our Privacy Policy. If you become a registered Member, you may terminate your membership at any time.
19. OUR LIABILITY
     1.1 We warrant to you that any product purchased from us through the Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.  1.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.  1.3 This does not include or limit in any way our liability:   1.3.1 for death or personal injury caused by our negligence;   1.3.2 under section 2(3) of the Consumer Protection Act 1987;   1.3.3 for fraud or fraudulent misrepresentation; or   1.3.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.  1.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:   1.4.1 loss of income or revenue   1.4.2 loss of business   1.4.3 loss of profits or contracts   1.4.4 loss of anticipated savings   1.4.5 loss of data, or   1.4.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; provided that this clause [1.4] shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause [1.1 or clause 1.2] or any other claims for direct financial loss that are not excluded by any of categories (1) to (6) inclusive of this clause [1.4].
20. The Website is not directed at any person in any jurisdiction where for any reason the publication or availability of the Website is prohibited. Those in respect of whom such prohibitions apply must not access the Website. We do not represent that either the Website or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.
21. You agree to indemnify, defend, and hold us harmless from and against any claims, actions, demands or other proceedings brought against us by a third party, to the extent that such claim, suit, action or other proceeding brought against us is based on or arises in connection with your use of the Website, any breach by you of these Terms of use or a claim that your use of the Website infringes any intellectual property rights of any third party or is libellous or defamatory, or otherwise results in injury or damage to any third party.
22. Neither realbuzz.com Retail Ltd or its associated companies can accept any responsibility for death or injuries caused by any information contained within the website. All content within the Website is provided in good faith and is for general information only, and should not be treated as a substitute for the medical advice of your own doctor or any other health care professional. realbuzz.com Ltd is not responsible or liable for any diagnosis made by a user based on the content of the Website. realbuzz.com Ltd is not liable for the contents of any external internet sites listed, nor does it endorse any commercial product or service mentioned or advised on any of the sites. Always consult your own GP if you're in any way concerned about your health.
23. By placing an order through the Website, you warrant that:
    (a) You are legally capable of entering into binding contracts; and
    (b) You are at least 18 years old.
24. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract formed with you (a Contract) that is caused by events outside our reasonable control (Force Majeure Event).
    A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
    (a) Strikes, lock-outs or other industrial action.
    (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
    (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
    (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
    (e) Impossibility of the use of public or private telecommunications networks.
    (f) The acts, decrees, legislation, regulations or restrictions of any government.
    Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
    25.The Website’s Terms of use are governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.