Terms and Conditions
Business and Website Use
1.1 This website located at www.kingdomofnorthumbria.co.uk (the "Website") is owned and operated by AC Group.
1.2 Use of the Website and purchase of goods from the Website shall be pursuant to the terms contained in this document (the "Terms"). If you do not agree to these Terms, please cease use of the Website. By accessing and using this Website you are indicating your acceptance to be bound by the Terms. They are a legally binding agreement between you and us. They should be read in conjunction with any details provided on the Website about how the Website operates.
1.3 We reserve the right to change these Terms from time to time without prior notice. The current Terms will be displayed on the Website. It is your responsibility to check the Terms to see if they have been updated since your last visit to the Website.
1.4 Any purchases you make from, or use of, the Website will be subject to and governed by these Terms to the exclusion of any terms and conditions that you may seek to impose in relation to any purchases from and use of the Website, including any terms and conditions contained in any purchaser orders, order confirmations, standard terms of business or standard terms of supply.
1.5 The Website is enabled with functionality that allows you to personalise your own greeting cards.
2 TERMS OF SALE
2.1 Subject to these Terms, you may place an order with us for Goods.
2.2 By placing an order through the Website, you acknowledge that you are over 18 years of age and possess a valid credit or debit card issued by a bank acceptable and known to Paypal for payment to be made for the order.
2.3 To place an order you must provide us with a valid email address and a delivery address. We will confirm your order to this email address and use it to advise you of any changes to your order or the estimated delivery date and time. Where we have sent you an email in relation to an order requiring you to contact us in relation to your order and we do not hear from you within 28 days we will cancel your order.
2.4 To place an order through the Website it may be necessary for you to be provided with, or provide us with, a username and password. You are responsible for maintaining the confidentiality of your username and password and accept responsibility for any and all purchases made through your account accessible using the username and password.
2.5 You undertake that the details you provided to us in relation to you and your order, payment and delivery address will be correct, accurate and up to date. Delivery shall be to the address provided by you. We take no responsibility for failure to deliver goods to any address provided by you that is incorrect, and to the extent that the goods are not returned, no refund shall be provided.
2.6 All Goods ordered from the Website are subject to availability and to our acceptance of your order. We may at our absolute discretion refuse to fill your order, in which event we will provide you with a refund.
2.7 All images that we provide for use on the Goods through the Website are subject to continuation of the permission of our licensors to use them on the Website.
Price and Payment
2.8 Any orders placed by you from the Website must be paid for in full by credit or debit card through Paypal before they will be processed. No other form of payment will be accepted.
2.9 The price of the Goods will be as shown on the Website and are subject to variation without notification such variation. Until VAT registration is appropriate, all Goods purchased from the Website are not subject to VAT and postage, packaging and handling charges are free of charge in the UK.
2.10 We reserve the right to use an electronic payment provider (such as, for example, PayPal) to process your payment for Goods ordered through the Website. In this regard, by paying for Goods you agree to be subject to the terms and conditions of such electronic payment providers.
2.11 Before accepting your order our electronic payment provider may conduct standard pre-authorization checks to determine if there are sufficient funds or credit in your account to pay for the Goods you have ordered. Processing of your orders may be withheld pending the results of such checks.
2.12 We will endeavour to deliver the Goods you have ordered from the Website and paid for within 14 days from the date of payment, depending on you location and the size of the order. Any delivery date provided shall be indicative only and time and date of delivery shall not be of the essence. We will not be held liable for any loss, costs, damages or expenses that you suffer or incur as a result of any delay or non-delivery of all or some of the Goods contained in an order. In this regard, if we are unable for whatever reason to complete your order within 28 days from the date of order we will contact you and give you a refund to the value of the undelivered Goods. If we are unable to contact you we will automatically terminate the order (or part thereof) and provide you with a refund to the value of the undelivered Goods.
2.13 Where your order contains a number of different Goods, or multiples of certain Goods, we reserve the right to deliver the Goods at different times. In the event that we do not deliver all of the Goods in an order together and at the same time, agree that you will not be able to repudiate these Terms and terminate other fulfilled or unfulfilled parts of the order. You agree that your sole remedy in this situation is a refund for the value of undelivered Goods.
2.14 Title and risk in the Goods ordered by you shall pass to you upon delivery, provided always that title will not pass to you until we have received payment in full for the entire order from you.
Cancellation and Returns
2.15 Prior to producing the Goods with the images and content selected by you using the Website, when appropriate for your order we make an electronic proof of the Goods. You are responsible for approving proofs. You understand, acknowledge and agree that once you have approved the proof, the Goods cannot be changed or the order cancelled, other than as permitted under these Terms. We have no liability to you for any errors or mistakes in the proof that you become aware of later.
2.16 You must inspect the Goods on delivery. You have 14 days from receipt of the Goods to contact us to advise of any defect or non-conformance with the order you placed. If you believe the Goods are defective we may request that you return some or all of the copies of the defective Goods for our review. If we agree that the Goods are defective and we are at fault or the cause of the defect, we will replace and redeliver the Goods free of charge.
2.17 Subject to any mandatory statutory rights that you may have that may not be excluded by contract, if you do not contact us within the 14 day period the order shall be deemed to have been delivered correctly and the Goods accepted as satisfactory, and we will be under no obligation to refund or re-supply the order. You acknowledge, understand and agree that you may not reject any Goods purchased from the Website for reasons relating to colour reproduction and quantity of copies supplied, as set out in clauses 2.21 and 2.22.
2.18 Other than as expressly stated in these Terms, and subject to any mandatory statutory rights that you may have that may not be excluded by contract, we are not obliged to accept any cancellation of any order or cancellation of part of an order once we have collected payment for that order. You may only cancel an order in the event that:
2.18.1 we fail to deliver the Goods pursuant to an order within 28 days from the date of the order being confirmed by us; or
2.18.2 the goods are defective and you have complied with clause 2.16.
2.19 All goods returned to us under and in accordance with these Terms must be returned in the original packaging (in the condition in which you received them), be complete and unused. You agree to bear the cost of returning any such Goods.
2.20 As you are aware, you may use the functionality on the Website to add your own personalised and bespoke messages. You acknowledge that whilst all care is taken in the production of the Goods, we cannot and do not guarantee that the colours shown on your screen will exactly match the colour on the Goods.
2.21 Where the Goods comprise of 20 or more copies, we make no guarantee that the number of copies supplied will be accurate, provided that we guarantee that the number of copies provided will not be less than 95% of the number requested.
2.22 No rights are granted to you in relation to the images on the Website. Any use of these images will infringe our intellectual property. Nothing in these Terms prevent us taking action against any non-licensed use by you of any of the images obtained from the Website.
Force Majeure (Circumstances beyond our control)
2.23 We will not be liable for any losses, costs, damages and expenses that you incur as a result of our failure to fill any orders where such failure is due to a force majeure event, being any event outside of our reasonable control, including flood, fire, theft, earthquake, adverse weather, tsunami, war, terrorism, civil disobedience, strike, lock-out (or other labour dispute), Acts of God, breakdown of machinery, loss of machinery, communications technology failure, failure of power supplies to machinery. We shall, however, endeavour to resume performance within a reasonable time after the abatement of any such force majeure events.
3 ACCESSING THE WEBSITE
3.1 We cannot and do not guarantee that the Website will operate continuously or without interruptions or be error-free.
3.2 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Website. You understand that we cannot and do not guarantee or warrant that the content on the Website will be free from infection from viruses and/or other malicious code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.
3.3 From time to time, we may restrict access to certain features, areas or parts of the Website or the entire Website. Certain features, areas or parts of the Website may only be accessible or available to you upon registration or subscription with us, which may or may not require payment. Such accessibility may be controlled by a combination of a user name and password. If you are provided with a user name and password or any other piece of information as part of our security procedures you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user name or password, whether chosen by you or allocated by us, at any time, without notice and at our absolute discretion.
4 YOUR RESPONSIBILITIES
You may only use this Website in accordance with these Terms. In particular, you agree to use this Website only for lawful and proper purposes and:
4.1 not to post or transmit to or from this Website any material that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive or otherwise unlawful or objectionable;
4.2 not to do, cause or permit anything to be done that may infringe our intellectual property rights or those of third parties;
4.3 not to do, cause or permit anything to be done which infringes the privacy of any third party;
4.4 not to do, cause or permit the distribution, dissemination or transmission of anything that may be technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted files or data or other malicious software or harmful data);
4.5 not to alter or modify any part of this Website;
4.6 not use the Website in any way that causes damage to the Website or impairs the accessibility of the Website or use the Website in a way that is or may be reasonably considered to be unlawful, illegal, fraudulent or harmful;
4.7 not conduct any systematic or automated data collection activities on or in relation to the Website, including data mining, scraping, data extraction and data harvesting;
4.8 not attempt to interfere with the proper working of the Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the Website or hack into the account of any other user of the Website.
5 ACCURACY OF INFORMATION
5.1 Any Content (as defined in clause 5 below) contained on the Website is not intended to amount to advice on which reliance should be placed. We make no representation or warranty that any information contained on the Website is accurate, complete or up-to-date and, to the fullest extent permitted by law, we accept no liability for any losses, costs, damage or expenses caused by, or incurred as a result of, any reliance placed by you on such information or by anyone to whom you communicate such information.
5.2 If you find any information on the Website that you believe to be inaccurate, please let us know and we will endeavour to investigate and take appropriate corrective action (where appropriate and necessary) as soon as reasonably practicable.
6 INTELLECTUAL PROPERTY RIGHTS
6.1 Unless otherwise indicated, we, or our licensors, own the intellectual property rights in this Website and the content on the Website, including, but not limited to text, photographs, artworks and images. Except as expressly set out in these Terms or separately agreed with us, nothing in these Terms shall give you any rights in respect of any intellectual property rights owned by us or our licensors. Except as provided under these Terms, you will not use, copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, any such content.
6.2 The rights granted to you under these Terms shall terminate immediately upon your breach of any of these Terms or at our absolute discretion and we have the right to block your access to the Website by whatever means at our discretion and for whatever reason.
6.3 The Kingdom of Northumbria Logo is a trade mark belonging to AC Group.
6.4 Unless indicated otherwise, nothing in these Terms grants you any right to use any trade marks, artists' names or photographers' names that appear on the Website from time to time.
6.5 Images from the Website will contain, or have embedded in them, the name of the artist who created the image or the photographer who took the photograph, the owner of the rights in the image, as well as other information such as copyright notices and other rights notifications. Where an image contains such information, you must not remove or in any way obscure or obliterate this information or alter the image or selectively use part of the image so as to exclude such notices.
7 LINKS TO THIS AND OTHER WEBSITES
7.2 We reserve the right, at our discretion, to prohibit any link from another internet website to this Website. Without prejudice to that right, if you wish to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
7.2.1 you do not remove, distort or otherwise alter the size or appearance of any aspect of the Website;
7.2.2 you do not create a frame or any other browser or border environment around the Website;
7.2.3 you do not in any way imply that we endorse any products or services other than our own;
7.2.4 you do not misrepresent your relationship with us nor present any other false or misleading information about us;
7.2.5 you do not otherwise use any of the trade marks displayed on the Website without our express written permission;
7.2.6 you do not link from a website that is not owned by you; and
7.2.7 any website from which you link to the Website does not contain any content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
8 USER CONTENT
8.1 We are not responsible for any content on the Website that is submitted or generated by users of the Website or posted to the public areas of the Website, including any chat rooms, blogs, bulletin boards, hosted pages or any other area on the Website to which the public can upload any content or materials.
8.2 We reserve the right to remove any content or material submitted to any of the public areas on the Website at our absolute discretion.
8.3 In submitting or uploading any content or material to the Website you shall ensure that such content and materials and their appearance on the Website do not:
8.3.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or of third parties;
8.3.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful content or material;
8.3.3 post or upload files that contain computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted files or data or other malicious software or harmful data;
8.3.4 make unauthorised use of any third party's rights, including unauthorised use of any copyright or trade marks;
8.3.5 make unauthorised use or disclosure of any third party's confidential information, know how or other proprietary information; or
8.3.6 contain marketing or promotional material which is intended to solicit business.
9 OUR LIABILITY
9.1 Except as expressly stated in these Terms and to the full extent permitted by law, we accept no liability and offer no warranties or indemnities in relation to this Website, its content or purchases made from this Website.
9.2 Except as expressly stated in these Terms and to the full extent permitted by law, in no event shall we be liable to you for any indirect loss, consequential loss, loss of profit, loss of business, loss of profits, loss of revenue or loss of or damage to goodwill arising from your use of, or inability to use, the Website, information on the Website, any of the Goods purchased from the Website or any errors or omissions made by us or failure by us to delivery Goods at a specified time.
9.3 Nothing in these Terms seeks to exclude or restrict our liability for death or personal injury caused by our negligence.
9.4 Our liability and that of our agents, employees, subcontractors, licensors (including our photographers and artists supplying images for use on the Website) and suppliers with respect to any demands, claims, suits or legal proceedings brought by you under these Terms, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in aggregate the net purchase price paid by you for the goods to which the demand, claim, suit or legal proceeding relates.
The principal place of business is at AC Group, Station Road, Stannington, Northumberland, NE61 6DS.
10.2 Any formal legal notices should be sent to us at the address below, by email and confirmed by post.
10.3 Failure by us to enforce a right does not result in waiver of such right.
10.4 If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms shall be unaffected and shall remain in force.
10.5 These Terms and that any dispute between us regarding the Website or arising out of or in connection with these Terms shall be interpreted under the laws of England and Wales and subject to the exclusive jurisdiction of the English courts.
10.6 These Terms may be unilaterally varied by us, and any variation, additions, deletions or amendment that you request will only be effective if agreed by us, committed to writing and signed by you and us.
We require this information to understand your needs, provide you with a better service, or for use in our internal record keeping.
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Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information: 1) Whenever you fill in a form on the website, look for a box to click indicating that you do not want the information to be used by anybody for direct marketing purposes. 2) If you have previously agreed for the use of your personal information for marketing purposes, you may change your mind at any time by contacting us (See 12).