This website is operated by Green Banana Productions (referred to as "Green Banana
Productions/Green Banana/Banana Rainbow/we/our/us"). As user of
this website (referred to as "you/your") you acknowledge that any use of this website
including any transactions you make ("use/using") is subject to our terms and conditions
below (which includes any other important sections e.g. Delivery and Privacy.
Please read through these terms and conditions carefully before using this website,
print a copy for future reference. Please also read our privacy policy.
General
We reserve the right to change these terms and conditions at any time. Any such changes
will take effect when posted on the website and it is your responsibility to read the terms
and conditions on each occasion you use this website and your continued use of the website
shall signify your acceptance to be bound by the latest terms and conditions.
Order process
Please see the delivery and how to use this website section for information on how to place
an order. All orders that you place on this website will be subject to acceptance in
accordance with these terms and conditions.
The 'confirmation' stage sets out the final details of your order. Following this, we will
send to you an order acknowledgement email detailing the products you have ordered.
Please note that this email is not an order confirmation or order acceptance from us.
Acceptance of your order and the completion of the contract between you and us will take
place on despatch to you of the products ordered unless we have notified you that we do
not accept your order or you have cancelled it.
We do not file details of your order for you to subsequently access direct on this website,
and therefore, please print out these terms and conditions and the order acknowledgement
for your own records. If you wish to obtain specific details of your previous orders please
contact us.
Payment
Our payment service will take payment from your card at the time we receive your order.
Goods are subject to availability. In the event that we are unable to supply the goods,
we will inform you of this as soon as possible. A full refund will be given where you have
already paid for the goods. Alternatively, we will give you the option of waiting for the
items to return to our stock.
The price you pay is the price displayed on this website at the time we receive your order
apart from the following exception: While we try and ensure that all prices on our website
are accurate, errors may occur. If we discover an error in the price of goods you have
ordered we will inform you as soon as possible and give you the option of reconfirming your
order at the correct price or cancelling it. If we are unable to contact you we will treat
the order as cancelled. If you cancel and you have already paid for the goods, you will
receive a full refund.
Title to any products you order on this website shall pass to you on delivery of the
products provided that we have processed and received payment in full for the products.
Cancellations
Where applicable, you may cancel your order in accordance with your rights under the
Distance Selling Regulations. All sizes and measurements are approximate but we do try to
make sure that they are as accurate as possible.
Intellectual Property
You acknowledge and agree that all copyright, trademarks and all other intellectual
property rights in all materials and/or content made available as part of your use of
this website shall remain at all times vested in us or our licensors. You are permitted
to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within this website
is made available for your personal non-commercial use only and that you may only download
such material and content for the purpose of using this website. You further acknowledge
that any other use of the material and content of this website is strictly prohibited and
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.
Liability and Indemnity
Nothing in these terms and conditions excludes or limits liability for death or personal
injury caused by negligence, fraudulent misrepresentation, or any other liability which may
not otherwise be limited or excluded under applicable law.
Subject to this above, we will use reasonable endeavours to verify the accuracy of any
information on the site but makes no representation or warranty of any kind express or
implied statutory or otherwise regarding the contents or availability of the site or that
it will be 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, 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 and
we accept no liability of any kind for any loss or damage from action taken or taken in
reliance on material or information contained on the site.
Subject to the above, other than as expressly provided in these terms and conditions with
respect to specific products and except for the exclusive remedies set out above, any
indemnities, warranties, terms and conditions (whether express or implied) are hereby
excluded to the fullest extent permitted under applicable law.
Subject to the above, we will not be liable, in contract, tort (including, without
limitation, negligence), pre-contract or other representations (other than fraudulent
on negligent misrepresentations) or otherwise out of or in connection with the terms and
conditions for any: economic losses (including without limitation loss of revenues, data,
profits, contracts, business or anticipated savings); orloss of goodwill or reputation; or
special or indirect losses suffered or incurred by that party arising out of or in
connection with the provisions of any matter under these terms and conditions.
Notwithstanding the above, subject to our aggregate liability (whether in contract, tort
or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount
paid or payable by you for the product(s) in respect of one incident or series of incidents
attributable to the same clause.
This clause does not affect your statutory rights as a consumer, nor does it affect your
contract cancellation rights.
We will take all reasonable precautions to keep the details of your order and payment
secure, but, unless we are negligent, we cannot be held liable for any losses caused as a
result of unauthorised access to information provided by you.
Miscellaneous Provisions
The contract between us shall be governed by the laws of England and any dispute between us
will be resolved exclusively in the courts of England. English is the only language offered
for the conclusion of the contract at this time.
We have selected our products on the basis that they will be used for domestic use only,
if you are planning to use them for business purposes please make sure that you are covered
by appropriate insurance.
We shall be under no liability for any delay or failure to deliver products or otherwise
perform any obligation as specified in these terms and conditions if the same is wholly or
partly caused whether directly or indirectly by circumstances beyond our reasonable control.
To provide increased value to our customers, we may provide links to other websites or
resources for you to access at your sole discretion. You acknowledge and agree that, as you
have chosen to enter the linked website we are not responsible for the availability of such
external sites or resources, and do not review or endorse and are not responsible or liable,
directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of
such websites, including (without limitation) any advertising, content, products, goods or
other materials or services on or available from such websites or resources or (iii) the
use to which others make of these websites or resources, nor for any damage, loss or offence
caused or alleged to be caused by, or in connection with, the use of or reliance on any such
advertising, content, products, goods or other materials or services available on such
external websites or resources.
You may not assign or sub-contract any of your rights or obligations under these terms and
conditions or any related order for products to any third party unless agreed upon in
writing by us.
We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole
or part of any of our rights or obligations under these terms and conditions or any related
contract to any third party.
If any portion of these terms and conditions is held by any competent authority to be
invalid or unenforceable in whole or in part, the validity or enforceability of the other
sections of these terms and conditions shall not be affected.
These terms and conditions do not create or confer any rights or benefits enforceable by
any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third
Parties) Act 1999) No consent from the persons referred to is required for the parties to
vary or rescind these terms and conditions (whether or not in any way that varies or
extinguishes rights or benefits in favour of such third parties).
No delay or failure by us to exercise any powers, rights or remedies under these terms and
conditions will operate as a waiver of them nor will any single or partial exercise of any
such powers, rights or remedies preclude any other or further exercise of them. Any waiver
to be effective must be in writing and signed by an authorised representative of ours.
These terms and conditions including the documents or other sources referred to in these
terms and conditions supersede all prior representations understandings and agreements
between you and us relating to the use of this website (including the order of products)
and sets forth the entire agreement and understanding between you and us for your use of
this website
All images, content and text are copyright Green Banana 2012 and may not be
copied, disseminated, transmitted or altered in any way without the express permission of
Green Banana . Any infringement of our copyright will result in legal proceedings.