WEBSITE AND ONLINE SALE TERMS AND CONDITIONS
1. THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH ATRIED PUBLISHING, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the purchase and sale of products through www.atried.com (the “Site”). These Terms are subject to change by Atried Publishing (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms prior to purchasing any product that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
2. Order Acceptance and Cancellation.
You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. We are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on our Website. If an error or inaccuracy is discovered with regards to the advertised price of the goods that you have ordered, we will contact you as soon as possible by email. This will be to inform you of the correct price and to ask you if you wish to continue with the order at the amended price or to cancel the order altogether.
After having received your order, Paypal will send you a confirmation e-mail with your transaction ID and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Atried Publishing and you will not take place unless and until you have received your order confirmation e-mail from Paypal. You have the option to cancel your order at any time before you have received your confirmation e-mail by contacting us at email@example.com.
3. Prices and Payment Terms.
All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. All purchases must be via the Paypal system. You represent and warrant that (i) the credit card information you supply is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. For the avoidance of doubt, Atried Publishing does not receive any credit card details directly and has no access to your payment information via Paypal.
4. Shipments; Delivery; Title and Risk of Loss.
We will arrange for shipment of the products to you. We aim to ship on the next working day to you by first class royal mail. You will pay all shipping and handling charges specified during the ordering process. Please note at busy times of the year there may be a short delay.
Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Returns and Refunds.
If you are an individual and are not buying goods on behalf of a business, there are certain circumstances in which you may withdraw from the contract and these are set out here. This right to withdraw does not apply to business buyers.
You may withdraw your order for goods at any time up to the end of the twenty first working day after you have received the goods. You do not need to give us any reason for withdrawing your order nor will you have to pay any penalty. The only circumstance in which you cannot withdraw your order is where you have used the goods and they are no longer in their original condition. To withdraw your order you must notify us in writing by email at firstname.lastname@example.org.
If you have received the goods before you withdraw your order then, unless you have lost your right to withdraw because the goods are no longer in their original condition, you must send them back to our return address at your own cost and risk, (address to be provided by us at the time) unless the goods were supplied faulty or damaged. If you withdraw your order but we have already processed the goods for delivery and you have received them, you must not unpack the goods when they are received by you and you must send the goods back to us at the address we provide you at your own cost and risk as soon as possible.
Once you have notified us that you are withdrawing your order, any sum debited by Paypal will be re-credited according to Paypal terms and conditions as soon as possible and in any event within 60 days of your order. Alternatively, we reserve the right to refund via cheque.
This is as follows:
If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, wes shall have no liability to you unless you notify us of the problem, in writing at email@example.com within 7 working days of the delivery of goods in question.
If you notify a problem to us under this condition, our only obligation will be, at our option, to make good any shortage or non-delivery; to replace or repair any goods that are damaged or defective; or to refund to you the amount paid by you for the goods in question to the original method of payment, unless such method is no longer valid in which case, by cheque.
We will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question set out above.
Nothing in this condition is, however, intended to limit any rights you might have as a consumer under applicable local law that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from its negligence.
Nothing in this contract creates any right which is enforceable by any person who is not a party to the contract.
8. Availability of goods you order.
If we have insufficient stock to deliver the goods ordered by you, we will notify you as soon as possible and any sum debited by Paypal from your credit card will be re-credited to your account as soon as possible and will notify you by email at the address given by you. The refund will be made as soon as possible and in any event within 60 days of your order; alternatively we will refund you by cheque. We will not be obliged to offer any additional compensation for disappointment suffered.
9. Force Majeure.
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.
10. Governing Law and Jurisdiction.
All matters arising out of or relating to these Terms are governed by and construed in accordance with laws of England and wales and are subject to the exclusive jurisdiction of the English courts.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 10 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
12. No Waivers.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Atried Publishing
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
(b) To Us. To give us notice under these Terms, you must contact us by email at firstname.lastname@example.org. Notices provided by email transmission will be effective one business day after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
15. Entire Agreement.
The nature of Internet communications means that your communications may be susceptible to data corruption, interception and delays. We shall not be responsible for any detrimental reliance you place on this website or its contents.
We are providing this site and its contents (including any downloadable data or software) on an ‘as is’ basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties, whether express or implied, to the fullest extent permitted by applicable law. In addition, we make no representations or warranties about the accuracy, completeness or suitability for any particular purpose of the information and related graphics published in this site or that any software or the server that makes it available are free of viruses or other harmful components.
The information contained in this site may contain technical inaccuracies or typographical errors. All liability of Atried Publishing howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by applicable law.
Neither we nor any of our Directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site in any way. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
17. Copyright notice
All design, text, graphics and the selection or arrangement thereof are the copyright of Atried Publishing, or of other copyright owners. Permission is granted to electronically copy and print in hard copy portions of this site for the sole purpose of placing an order with us. Any other use of materials on this site (including reproduction for purposes other than those noted above and modification, distribution, or republication) without our prior written permission is strictly prohibited.
18. Trade marks
Atried Publishing and Around the Races in 80 Days is a trade mark belonging to us. All other trade marks, product names and company names or logos used in this site are the property of their respective owners. No permission is given by Atried Publishing in respect of the use of its or any such other trade marks, product names, titles or logos and such use may constitute an infringement of the holder’s rights.
Atried Publishing (“Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website www.atried.com (our “Website”) and our practices for collecting, using, maintaining, protecting and disclosing that information.
This policy applies to information we collect:
· On this Website.
· In e-mail, text and other electronic messages between you and this Website and in particular the Shop.
It does not apply to information collected by:
· us offline or through any other means, including on any other website operated by Company or any third party; or
· any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website
Children Under the Age of 13
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at email@example.com.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website, including information:
· by which you may be personally identified, such as name, postal address, e-mail address, telephone number or any other identifier by which you may be contacted online or offline (“personal information”);
We collect this information:
· Directly from you when you provide it to us.
Information You Provide to Us. The information we collect on or through our Website may include:
· Information that you provide by filling in forms on our Website. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.
· Records and copies of your correspondence (including e-mail addresses), if you contact us.
· Details of transactions you carry out through our Website and of the fulfillment of your orders.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
· To present our Website and its contents to you.
· To provide you with information, products or services that you request from us.
· To fulfill any other purpose for which you provide it.
· To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
· To notify you about changes to our Website or any products or services we offer or provide though it.
· To allow you to participate in interactive features on our Website, if any.
· In any other way we may describe when you provide the information.
· For any other purpose with your consent.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
· To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
· To fulfill the purpose for which you provide it.
· For any other purpose disclosed by us when you provide the information.
· With your consent.
We may also disclose your personal information:
· To comply with any court order, law or legal process, including to respond to any government or regulatory request.
· If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of www.atried.com, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.