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This section deals with conditions relating to the sale
of products by HistoryDirect.co.uk. HistoryDirect.co.uk is the trading name of
HistoryDirect.co.uk.
The following are terms of a legal agreement between you
and HistoryDirect.co.uk. By accessing, browsing and/or using this web site, you
acknowledge that you have read, understood, and agree, to be bound by these
terms and to comply with all applicable laws and regulations. If you do not
agree to these terms, please do not use this web site.
1. Application of these conditions of use
By accessing or using any part of the HistoryDirect.co.uk you agree to be bound
by the following conditions of use. If you do not wish to be bound by these
conditions, you should not access or use the HistoryDirect.co.uk.com.
2. Change of Terms and conditions
We may change these conditions at any time without any notice to you. By your
continued access and use of the HistoryDirect.co.uk you agree to be bound by the
most current version of the conditions of use. Please check these conditions
periodically for any changes that have been made.
3. Copyright and database right
Except where otherwise noted, HistoryDirect.co.uk owns legally and beneficially
all the intellectual property rights in the content of all the
HistoryDirect.co.uk web pages (including the design, text, graphics and
arrangement thereof) and in the software used therein. Such intellectual
property rights include, without limitation, copyrights and database rights in
the information displayed as the HistoryDirect.co.uk.
Information displayed as the HistoryDirect.co.uk search
results is extracted from a copyright work owned by HistoryDirect.co.uk. This
compilation is a copyright work. © HistoryDirect.co.uk 2004.
ALL RIGHTS ARE RESERVED
4. Trademarks
All other trademarks, product names and company names or logos cited anywhere on
the HistoryDirect.co.uk are the property of their respective owners.
5. Permitted uses
No materials from the HistoryDirect.co.uk may be copied, downloaded, reproduced,
broadcast, shown or played in public, republished, uploaded, posted, stored,
transmitted or distributed in any way or adapted or changed in any way.
6. Disclaimer of representations and warranties
HistoryDirect.co.uk is provided by History Direct.Ltd on an "as is" and "as and
when available" basis to users. You use the HistoryDirect.co.uk at your own
risk.
HistoryDirect.co.uk and its associated content provider
organisations make considerable efforts to make information made available via
the HistoryDirect.co.uk site as accurate as possible but no warranty or fitness
is implied.
Neither HistoryDirect.co.uk nor any of its officers,
directors, shareholders, employees, affiliates, agents, third party content
providers, sponsors, licensers, or the like, makes any representation or
warranty or condition, either expressly or implied, to you:
That the HistoryDirect.co.uk will be uninterrupted
or error-free;
That the HistoryDirect.co.uk or the computer server from which the
HistoryDirect.co.uk is made available, are free of viruses or other harmful
components;
To the accuracy, content, timeliness, completeness, legality, reliability,
quality or suitability of any information, advice, content, service, search
results, products or merchandise provided through the HistoryDirect.co.uk.
No oral advice or written information given by the
HistoryDirect.co.uk or its affiliates, or any of its officers, directors,
employees, agents, providers, merchants, sponsors, licensers, or the like, will
create a representation, a warranty or condition nor should you rely on any such
information or advice.
In jurisdictions that do not allow the exclusion or
disclaimer of certain warranties, the above exclusion may not apply to you.
We are not responsible for any injury, loss, claim,
damage, or any indirect, incidental or consequential damages of any kind
(including but not limited to lost profits, lost savings or revenue, or loss or
corruption of data or information) which arises out of or is in any way
connected with your use of or failure to use the HistoryDirect.co.uk or any
other History Direct group of companies.
From time to time we may need to update the content on
the HistoryDirect.co.uk and/or maintain the software and other equipment that
runs the sites. During these times you may not be able to access the sites or
things may be a bit slower than normal.
7. Limitation of liability
This Web site may contain other proprietary notices and copyright information,
the terms of which must be observed and followed. Information on this Web site
may contain technical inaccuracies or typographical errors.
Information may be changed or updated without notice.
History Direct may also make improvements and/or changes in the solutions and/or
the projects described in this information at any time without notice.
Under no circumstances will HistoryDirect.co.uk or any
of its officers, directors, shareholders, employees, affiliates, agents,
sponsors, licensers, or any other party involved in the creation, production,
maintenance or distribution of HistoryDirect.co.uk be liable for any direct,
indirect, incidental, special or consequential damages (including but not
limited to loss of profits or revenue, business, anticipated savings, goodwill
or reputation, use of data or other intangible losses) that result from either:
the use and reliance on HistoryDirect.co.uk; or
the inability to use HistoryDirect.co.uk; or mistakes, omissions, interruptions,
suspension, termination, deletion of files or e-mail, errors, defects, viruses,
delays in operation, transmission or service response time, or any failure of
performance with respect to HistoryDirect.co.uk including without limitation
those arising from acts of God, communications failure, theft, destruction or
unauthorised access to the HistoryDirect.co.uk records, programs or services; or
information or advice received through or advertised on HistoryDirect.co.uk and
information or advice received through or advertised on any links provided on
HistoryDirect.co.uk; or any information, data, text, messages and other
materials that you email, post upload, reproduce, transmit or is otherwise
distributed using HistoryDirect.co.uk.
HistoryDirect.co.uk is unable to ensure or guarantee the
security of any information transmitted over the Internet. Any information or
data which you transmit to or by using HistoryDirect.co.uk is done at your own
risk and HistoryDirect.co.uk shall not be responsible or liable for any damages
or injury that may result from transmitting such information.
If any jurisdiction does not allow the exclusion or
limitation of liability for consequential or incidental damages, liability is
limited to the fullest extent permitted by law.
8. Miscellaneous
These conditions and any and all documents specifically referenced herein
constitute the entire agreement between you and HistoryDirect.co.uk with respect
to the subject matter hereof. If any provision contained in these conditions is
determined by a court of competent jurisdiction to be illegal, invalid or
otherwise unenforceable, that provision shall be severed from these conditions
and the remaining provisions shall continue in full force and effect.
9. Jurisdiction and governing law
These conditions shall be governed by and construed in accordance with the laws
of England. HistoryDirect.co.uk operates from within the country of England. It
can, however, be accessed from other places around the world. Although these
places may have different laws from those of England, by accessing
HistoryDirect.co.uk you agree that the laws of England, without regard to rules
relating to conflict of laws, will apply to all matters relating to your use of
HistoryDirect.co.uk. You and HistoryDirect.co.uk also agree to submit to the
non-exclusive jurisdiction of the English courts, with respect to such matters.
Users of HistoryDirect.co.uk accessing it from places outside of England
acknowledge that they do so voluntarily and are responsible for complying with
local laws.
10. Health & Safety
All possible care and attention is given to ensuring the products sold by
HistoryDirect.co.uk are suitable for the purpose they were intended for. Where
relevant, we provide an indication of the age suitability and/or other
technically relevant information. However, these are only recommendations and
HistoryDirect.co.uk cannot be held responsible for injury, damage caused by
misuse or inappropriate use of products purchased through HistoryDirect.co.uk
outside of the recommendations that may come with the products. It is up to the
purchaser to satisfy themselves that the goods purchased are safe and fit for
the purpose they were intended for. Your statutory rights are not affected.
Disclaimer
To the fullest extent permitted at law, HistoryDirect.co.uk is providing
this web site and its contents on an "as is" basis and makes no (and
expressly disclaims all) representations or warranties of any kind, express
or implied, with respect to this web site or the information, content,
materials or products included in this site including, without limitation,
warranties of merchantability and fitness for a particular purpose. In
addition, HistoryDirect.co.uk does not represent or warrant that the
information accessible via this web site is accurate, complete or current.
Price and availability information is subject to change without notice.
11. Our contract
When you place an order to purchase a product from HistoryDirect.co.uk, we will
send you an e-mail confirming receipt of your order and containing the details
of your order. Your order represents an offer to us to purchase a product which
is accepted by us when we send e-mail confirmation to you that we've dispatched
that product to you (the "Dispatch Confirmation E-mail"). That acceptance will
be complete at the time we send the Dispatch Confirmation E-mail to you. Any
products on the same order which we have not confirmed in a Dispatch
Confirmation E-mail to have been dispatched do not form part of that contract.
12. Returns
Please review our Returns Policy, which applies to products purchased from us.
In addition to our 30-day returns guarantee, customers in the European Union are
entitled to a statutory cooling-off period of seven business days. Details of
this statutory right and an explanation of how to exercise it are provided in
the order confirmation e-mail and in the Returns Policy.
13. Pricing and availability
We list availability information for products sold by us on the website,
including on each product information page. Beyond what we say on that page or
otherwise on the website, we cannot be more specific about availability. Please
note that dispatch estimates are just that. They are not guaranteed dispatch
times and should not be relied upon as such. As we process your order, we will
inform you by e-mail if any products you order turn out to be unavailable.
Despite our best efforts, there may occur an instance
when a product in our catalogue is miss-priced. Rest assured, however, that we
verify prices as part of our dispatch procedures. If a product's correct price
is lower than our stated price, we charge the lower amount and send you the
product. If a product's correct price is higher than our stated price, we will,
at our discretion, either contact you for instructions before dispatch or cancel
your order and notify you of such cancellation.
14. Customs
When ordering goods from HistoryDirect.co.uk for delivery overseas you may be
subject to import duties and taxes, which are levied once the package reaches
the specified destination. Any additional charges for customs clearance must be
borne by you; we have no control over these charges and cannot predict what they
may be. Customs policies vary widely from country to country, so you should
contact your local customs office for further information. Additionally, please
note that when ordering from HistoryDirect.co.uk, you are considered the
importer of record and must comply with all laws and regulations of the country
in which you are receiving the goods. Your privacy is important to us and we
know that you care about how information about your order is used and shared. We
would like our international customers and customers dispatching products
internationally to be aware that cross-border deliveries are subject to opening
and inspection by customs authorities.
15. Health & Safety
By purchasing any product from HistoryDirect.co.uk, you must satisfy yourself
that the product is safe for the purpose it is intended. Our age guidelines are
advised to us by our manufacturers, and should you have any concerns or
questions concerning this, please contact us. Your statutory rights are not
affected.
Conditions Relating to Both Your Use of HistoryDirect.co.uk and Sales to You
16. Children
History Direct does not sell products for purchase by children. We sell
children's products for purchase by adults. If you are under 18, you may use
HistoryDirect.co.uk only with the involvement of a parent or guardian.
17. Other businesses
If any goods are sold as a consequence of a link to another party’s web site
(for example, if we provide links to the websites of affiliated companies and
certain other businesses),we are not responsible for examining or evaluating,
and we do not warrant or endorse the offerings of any of these businesses or
individuals, or the content of their websites. HistoryDirect.co.uk does not
assume any responsibility or liability for the actions, products, and content of
any of these and any other third-parties. You can tell when a third-party is
involved in your transactions, and we may share customer information related to
those transactions with that third-party. You should carefully review their
privacy statements and other conditions of use.
18. Electronic communications
When you visit HistoryDirect.co.uk or send e-mails to us, you are communicating
with us electronically. We communicate with you by e-mail or by posting notices
on the website. For contractual purposes, you consent to receive communications
from us electronically and you agree that all agreements, notices, disclosures
and other communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing. This condition does not
affect your statutory rights.
19. Losses
HistoryDirect.co.uk will be responsible for any losses you suffer as a result of
us breaching these conditions if the losses were reasonably foreseeable to both
you and us when you commenced using the website, or a contract for the sale of
goods by us to you was formed. We will not be responsible for any business loss
(including loss of profits, revenue, contracts, anticipated savings, data,
goodwill or wasted expenditure) or any other indirect or consequential loss that
is not reasonably foreseeable to both you and us when you commenced using the
website or when a contract for the sale of goods by us to you was formed.
HistoryDirect.co.uk does not limit in any way our liability by law for death or
personal injury caused from our negligence or breach of duty.
20. Alteration of Service or Amendments to the
Conditions
We reserve the right to make changes to our website, policies, and these
Conditions of Use & Sale at any time. You will be subject to the policies and
Conditions of Conditions of Use & Sale in force at the time that you use the
website or that you order goods from us, unless any change to those policies or
these conditions is required to be made by law or government authority (in which
case it will apply to orders previously placed by you). If any of these
conditions is deemed invalid, void, or for any reason unenforceable, that
condition will be deemed severable and will not affect the validity and
enforceability of any remaining condition.
21. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our
obligations under these conditions if the delay or failure arises from any cause
which is beyond our reasonable control. This condition does not affect your
statutory rights.
22. Waiver
If you breach these conditions and we take no action, we will still be entitled
to use our rights and remedies in any other situation where you breach these
conditions.
23. Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws of
England and Wales. You agree, as we do, to submit to the non-exclusive
jurisdiction of the English courts.
Your Statutory Rights
Cooling-off Period
At HistoryDirect.co.uk we want you to be delighted every time you shop with
us. Occasionally though, we know you may want to return items. That's why
under our 30-day returns guarantee, if for any reason you are unhappy with
your purchase, you can return it to us in its original condition within 30
days of the date you received the item.
By law, customers in the European Union also have
the right to withdraw from the purchase of an item within seven working days
of the day after the date the item is delivered. We regret that we also
cannot accept cancellations of contracts for the purchase of video, DVD,
audio, video games and software products where the item has been unsealed.
To cancel your purchase within the seven-working-day
cooling-off period, please fill out the delivery slip that accompanies your
items giving the reason for the return as "contract cancellation". Please
package the relevant item(s) securely and send it to us with the delivery
slip so that we receive it within seven working days of the day after the
date that the item was delivered to you.
The return address is:
HistoryDirect.co.uk
Returns Department
HistoryDirect.co.uk
PO Box 13385
Redditch
B97 9DW
For your protection, we recommend that you use a
recorded-delivery service if the value of the return is more than 50 GBP.
Please note that you will be responsible for the
costs of returning the items to us unless we delivered the item to you in
error, or if the item is damaged or defective. If we do not receive the item
back from you with the delivery slip, we may arrange for collection of the
item from your residence at your cost.
You should be aware that once we begin the delivery process you will not be
able to cancel any contract you have with us for additional services carried
out by us (eg: gift wrapping).
As soon as we receive notice of your cancellation of
this order, we will refund the relevant part of the purchase price for that
item together with the item's normal postage charge--we cannot refund any
priority, express or courier component of the postage charge. For more
information on your right to withdraw from your purchase within the seven
working day cooling-off period, visit the Department of Trade and Industry's
website at:
http://www.dti.gov.uk/ccp/topics1/guide/homeshop.htm#cooling
Other Statutory Rights
For more information about your other statutory rights, please visit the
Department of Trade and Industry's Consumer Gateway website at:
http://www.consumer.gov.uk/consumer_web/shopping.htm#4
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