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1 Definitions
In this agreement:
“Our Web Site” means the entire computing hardware and software installation that is or supports Our Web Site.
“Goods” means any of the Goods we offer for sale via our web site.
“Content” means information in any form published on Our Web Site or in our Goods by us or any third party with our consent.
2 Our contract with you
2.1 These terms and conditions apply:
2.1.1 so far as the context allows, to you as a visitor to Our Web Site; and
2.1.2 in any event to you as a buyer or prospective buyer of our Goods.
2.2 Goods advertised may not be available.
2.3 We shall accept your order by e-mail confirmation. Our message will also reiterate details of your purchase, the price and any delivery costs, any banking charges, and our email will tell you when we shall dispatch your order. That is when our contract is made. It is possible that the price may have increased from that posted on our Web Site.
2.4 We may change these terms from time to time. The terms that apply to you are those posted here on Our Web Site on the day you order Goods. We do not file copies of the terms applicable to your purchase.
2.5 The statements contained in the Goods are statements of the opinion of the writer only and not the statements of the Company its officers employees or agents.
2.6 The Goods we provide are commissioned at your request and to your specific requirements.
Accordingly, all delivery times are estimates only although we will use all reasonable endeavors to adhere to the date estimated by us for delivery of the Goods.
2.7 If we owe you money, we will reimburse you as reasonably practicable but in any event no later than 30 days from the date of your order.
2.8 Goods are at your risk from the moment they are requested by you.
3 Price and Payment
3.1 You must pay us the full price of your order prior the work commencement.
3.2 All banking charges by the receiving bank on payments received by us, and all other charges relating to payment in a currency other than pounds Sterling will be borne by you.
3.3 Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
3.4 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
4 Information you give us
4.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
4.2 We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within 48 hours of purchase.
5 Delivery
5.1 You acknowledge the internet is an open medium and where you specify delivery by email or by downloading from our Site you accept the risk of delivery. Where you specify another method of delivery which we agree in our confirmatory email (including but not limited to post or fax) you accept the risk of delivery.
5.2 If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
5.3 We may deliver the goods in installments if the goods are not available at the same time for delivery.
6 Taxes, duties and import restrictions
6.1 We have no knowledge of, and no responsibility for, the laws in your country of residence.
6.2 You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country of residence.
7 Goods returned
7.1 Although you are buying the Goods remotely, you do not have a right of cancellation as the Goods we provide to you are prepared to your personal specification and are personlised for you. Accordingly you may not cancel your order for Goods once we have accepted it and you paid for it.
8 Disclaimers
8.1 We or our Content suppliers may make improvements or changes to Our Web Site, the Content, or to any of the Goods, at any time and without advance notice.
8.2 You are advised that Content and the Goods may include technical inaccuracies or typographical errors.
8.3 To the fullest extent permissible by law, we give no warranty and make no representation, express or implied, as to:
8.3.1 the adequacy or appropriateness of the Goods for your purpose.
8.3.2 the truth or accuracy of any information given on Our Web Site or in the Goods;
8.3.3 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
8.3.4 compatibility of Our Web Site or Goods with your equipment software or telecommunications connection.
8.3.5 compliance with any law;
8.3.6 non-infringement of any right.
8.4 Our Web Site may contain links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
8.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Web Site or the purchase of Goods.
8.6 In any claim against us and to the fullest extent permissible by law our liability is limited to the value of the Goods you have purchased in the contract which is the subject of the dispute.
9 Content and Intellectual Property Rights
9.1 Title, ownership rights, and intellectual property rights in the Content and the Goods whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries.
9.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content or the Goods, in whole or in part, except as is expressly permitted in this agreement.
9.3 You may download or copy one copy of the Goods you have purchased only for your own personal use for academic study purposes only, provided that you maintain all copyright and other notices contained in such Goods.
10 System Security
10.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of our Site.
10.2 You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Web Site, or any software used on Our Web Site, and that you will not permit any other person to do so.
10.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
10.4 Examples of violations are:
10.4.1 accessing data unlawfully or without consent;
10.4.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
10.4.3 attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
10.4.4 forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
10.4.5 taking any action in order to obtain Goods to which you are not entitled (including but not limited to “cardholder not present” fraud)
10.5 You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:
10.5.1 any violation of system security as set out above;
10.5.2 your use of Our Web Site;
10.5.3 any other breach or violation of this agreement by you;
10.5.4 the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.
11 Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site and/or the Goods, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
12 Contractual Limitation
Where we provide Goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual or other obligation upon us in respect of any such goods.
13 Rights of third parties
Nothing in this agreement or on our web site shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
14 Severability
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
15 No Waiver
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
16 Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
17 Force majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees, system down – time or third party email misdirection.
18 Governing Law
This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
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