HODGKINSON PUBLISHING LTD TERMS AND CONDITIONS
BACKGROUND:
This agreement applies as between you, the user of this website
and Hodgkinson Publishing Ltd, the owner(s) of this website.
Your agreement to comply with and be bound by these Terms and
Conditions is deemed to occur upon your first use of the
website. If you do not agree to be bound by these Terms and
Conditions, you should stop using the website immediately.
No part of this website is intended to constitute a contractual
offer capable of acceptance. Your order constitutes a
contractual offer and our acceptance of that offer is deemed to
occur upon our sending a dispatch email, redirecting you to a
download page or emailing you an order receipt/confirmation from
our designated payment processor.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following
meanings:
"Account" means collectively the personal information, Payment
Information and credentials used by users to access paid content
and / or any communications system on the website;
"Carrier" means any third party responsible for transporting
purchased goods from our premises to customers;
"Content" means any text, graphics, images, audio, video,
software, data compilations and any other form of information
capable of being stored in a computer that appears on or forms
part of this website;
"goods"
means any products that Hodgkinson Publishing Ltd advertises and
/ or makes available for sale through this website;
"Hodgkinson Publishing Ltd" means Hodgkinson Publishing Ltd;
"Service" means collectively any online facilities, tools,
services or information that Hodgkinson Publishing Ltd makes
available through the website either now or in the future;
"Payment Information" means any details required for the
purchase of goods from this website. This includes, but is not
limited to, credit / debit card numbers, bank account numbers
and sort codes;
"Purchase Information" means collectively any orders, invoices,
dispatch notes, receipts or similar that may be in hard copy or
electronic form;
"Premises" Means our place(s) of business primarily located at
Hodgkinson Publishing Ltd P.O. BOX 69 Bolton, Lancashire BL1 9PB
United Kingdom
"System" means any online communications infrastructure that
Hodgkinson Publishing Ltd makes available through the website
either now or in the future. This includes, but is not limited
to, web-based email, message boards, live chat facilities and
email links;
"User"
/ "Users" / 'user' means any third party that accesses the
website and is not employed by Hodgkinson Publishing Ltd and
acting in the course of their employment;
and
"website" means the website that you are currently using and any
sub-domains of this site unless expressly excluded by their own
terms and conditions.
2. Age Restrictions
Persons under the age of 18 should use this website only with
the supervision of an Adult. Payment Information must be
provided by or with the permission of an Adult.
3.
International Customers / Physically Shipped Products
If goods are being ordered from outside of the UK, import duties
and taxes may be incurred once your goods reach their
destination. Hodgkinson Publishing Ltd is not responsible for
these charges and we undertake to make no calculations or
estimates in this regard. If you are buying internationally, you
are advised to contact your local customs authorities for
further details on costs and procedures. As the purchaser of the
goods, you will also be the importer of record and as such
should ensure that your purchase is in full compliance with the
laws of the country into which the goods are being imported.
Please be aware that goods may be inspected on arrival at port
for customs purposes and Hodgkinson Publishing Ltd cannot
guarantee that the packaging of your goods will be free of signs
of tampering.
4.
Intellectual Property
Subject to the exceptions in Clause 6 of these Terms and
Conditions, all Content included on the website, unless uploaded
by Users, including, but not limited to, text, graphics, logos,
icons, images, sound clips, video clips, data compilations, page
layout, underlying code and software is the property of
Hodgkinson Publishing Ltd, our affiliates or other relevant
third parties. By continuing to use the website you acknowledge
that such material is protected by applicable United Kingdom and
International intellectual property and other laws. You
may not reproduce, copy, distribute, store or in any other
fashion re-use material from the website unless otherwise
indicated on the website or unless given express written
permission to do so by Hodgkinson Publishing Ltd.
5.
Third Party Intellectual Property
Unless otherwise expressly indicated, all Intellectual Property
rights including, but not limited to, Copyright and Trademarks,
in product images and descriptions belong to the manufacturers
or distributors of such products as may be applicable. You
may not reproduce, copy, distribute, store or in any other
fashion re-use such material unless otherwise indicated on the
website or unless given express written permission to do so by
the relevant manufacturer or supplier.
6.
Links to Other websites
This website may contain links to other sites. Unless expressly
stated, these sites are not under the control of Hodgkinson
Publishing Ltd or that of our affiliates. We assume no
responsibility for the content of such websites and disclaim
liability for any and all forms of loss or damage arising out of
the use of them. The inclusion of a link to another site on this
website does not imply any endorsement of the sites themselves
or of those in control of them.
7.
Links to this website
Those wishing to place a link to this website on other sites may
do so only to the home page of the site
http://www.HodgkinsonPublishing.com without
prior permission. Deep linking (i.e. links to specific pages
within the site) requires the express permission of Hodgkinson
Publishing Ltd.
8. Use
of Communications Facilities
8.1 When using the enquiry form or any other system on
the website you should do so in accordance with the following
rules:
8.1.1 You must not use obscene or vulgar language;
8.1.2 You must not submit content that is unlawful or
otherwise objectionable. This includes, but is not limited to,
content that is abusive, threatening, harassing, defamatory,
ageist, sexist or racist;
8.1.3 You must not submit content that is intended to
promote or incite violence;
8.1.4 It is advised that submissions are made using the
English language as we may be unable to respond to enquiries
submitted in any other languages;
8.1.5 The means by which you identify yourself must not
violate these terms of use or any applicable laws;
8.1.6 You must not impersonate other people, particularly
employees and representatives of Hodgkinson Publishing Ltd or
our affiliates; and
8.1.7 You must not use our system for unauthorised
mass-communication such as "spam" or "junk mail".
8.2 You acknowledge that Hodgkinson Publishing Ltd
reserves the right to monitor any and all communications made to
us or using our System.
9.
Accounts
9.1 If as part of the 'delivery' process when purchasing
goods on this website we may use a membership type delivery
system. In these instances you will be required to create
an account which will contain certain personal details and
Payment Information which may vary based upon your use of the
website as we may not require payment information until you wish
to make a purchase. By continuing to use this website you
represent and warrant that:
9.1.1 all information you submit is accurate and
truthful;
9.1.2 you have permission to submit payment information
where permission may be required; and
9.1.3 you will keep this information accurate and
up-to-date.
Your creation of an account is further affirmation of your
representation and warranty.
9.2 It is recommended that you do not share your Account
details, particularly your username and password. Hodgkinson
Publishing Ltd accepts no liability for any losses or damages
incurred as a result of your Account details being shared by
you. If you use a shared computer, it is recommended that you do
not save your Account details in your internet browser.
9.3 If you have reason to believe that your Account
details have been obtained by another without consent, you
should contact Hodgkinson Publishing Ltd immediately to suspend
your Account and cancel any unauthorised purchases that may be
pending. Please be aware that purchases can only be cancelled
until they are dispatched or delivered digitally. In the event
that an unauthorised purchase is dispatched or delivered
digitally prior to your notifying us of the unauthorised nature
of the purchase, Hodgkinson Publishing Ltd accepts no liability
or responsibility and you should make contact with the carrier
detailed in the purchase information.
9.4 When choosing your username you are required to
adhere to the terms set out above in Clause 9. Any failure to do
so could result in the suspension and/or deletion of your
account.
10.
Termination and Cancellation
10.1 Either Hodgkinson Publishing Ltd or you may
terminate your account. If Hodgkinson Publishing Ltd terminates
your account, you will be notified by email and an explanation
for the termination will be provided. Notwithstanding the
foregoing, we reserve the right to terminate without giving
reasons.
10.2 If Hodgkinson Publishing Ltd terminates your
account, any current or pending purchases on your account WILL
be cancelled and WILL NOT be
dispatched or delivered digitally.
10.3 Hodgkinson Publishing Ltd reserves the right to
cancel purchases without stating reasons, for any reason prior
to processing payment and dispatch/delivery.
10.4 If purchases are cancelled for any reason prior to
dispatch you will be refunded any monies paid in relation to
those purchases.
10.5 If you terminate your account any non-dispatched
purchases will be cancelled and you will be refunded any monies
paid in relation to those purchases.
11.
goods, Pricing and Availability
11.1 Whilst every effort has been made to ensure that all
graphical representations and descriptions of goods available
from Hodgkinson Publishing Ltd correspond to the actual goods,
Hodgkinson Publishing Ltd is not responsible for any variations
from these descriptions. This does not exclude our liability for
mistakes due to negligence on our part and refers only to
variations of the correct goods, not different goods altogether.
Please refer to Clause 14.1 for incorrect goods.
11.2 Where appropriate, you may be required to select the
required [size] [model] [colour] [number] [other features] of
the goods that you are purchasing.
11.3 Hodgkinson Publishing Ltd does not represent or
warrant that such goods will be available. Stock indications ARE
NOT provided on the website
11.4 All pricing information on the website is correct at
the time of going online. Hodgkinson Publishing Ltd reserves the
right to change prices and alter or remove any special offers
from time to time and as necessary.
11.5 In the event that prices are changed during the
period between an order being placed for goods and Hodgkinson
Publishing Ltd processing that order and taking payment, you
will be contacted prior to your order being processed with
details of the new price;
11.6 All prices on the website Do Not include VAT.
12.
Delivery / Physical Products -
12.1 Hodgkinson Publishing Ltd or
it's agent will notify you by way of email or online
confirmation when your goods are to be dispatched to you. The
message may contain details of estimated delivery times in
addition to any reasons for a delay in the delivery of the goods
purchased by you.
12.2 If Hodgkinson Publishing Ltd receives no
communication from you, within 1 day of delivery, regarding any
problems with the goods, you are deemed to have received the
goods in full working order and with no problems.
13.
Returns Policy / Physical Products -
Hodgkinson Publishing Ltd aims to always provide high quality
goods that are fault free and undamaged. On occasion however,
goods may need to be returned.
Returns
are governed by these Terms and Conditions.
13.1
If you receive goods which do not match those that you ordered,
unless accompanied by an explanatory note detailing the changes,
stating reasons for the changes and setting out your options,
you should contact us within 10 days to notify us of your
intention to return. Hodgkinson Publishing Ltd IS NOT
responsible for paying shipment costs. You will be given the
option to have the goods replaced with those ordered (if
available) or to be refunded through the payment method used by
you when purchasing the goods. Refunds and replacements will be
issued upon our receipt of the returned goods.
13.2
If any goods you have purchased have faults when they are
delivered to you, you should contact Hodgkinson Publishing Ltd
within 28 days to notify us of their return. Hodgkinson
Publishing Ltd IS NOT responsible for paying shipment costs.
goods must be returned in their original condition with all
packaging and documentation. Upon receipt of the returned goods,
the price of the goods, as paid by you, will be refunded to you
through the payment method used by you when purchasing the
goods.
13.3
If any goods develop faults within their warranty period, you
are entitled to a repair or replacement under the terms of that
warranty.
13.4
If
goods are damaged in transit and the damage is apparent on
delivery, you should sign the delivery note to the effect that
the goods have been damaged. In any event, you should report
such damage to Hodgkinson Publishing Ltd within 3 days to notify
us of your intention to return them. Hodgkinson Publishing Ltd
IS NOT responsible for paying shipment costs. Upon receipt of
the returned goods, the price of the goods, as paid by you, will
be refunded to you through the payment method used by you when
purchasing the goods.
13.5
If the
goods have been dispatched or have reached you, but you have
changed your mind, please return them to Hodgkinson Publishing
Ltd within 10 days of receipt. goods can only be returned for
this reason if their packaging remains unopened and the goods
can be re-sold, as new, without any additional work on the part
of Hodgkinson Publishing Ltd. You are responsible for paying
shipment costs if goods are returned for this reason.
13.6
If you wish to return goods to Hodgkinson Publishing Ltd for any
of the above reasons, please contact us at
www.ProductSupportDesk.com to receive return address details
an for us to make the appropriate arrangements.
13.8
Hodgkinson Publishing Ltd reserves the right to exercise
discretion with respect to any returns under these Terms and
Conditions. Factors which may be taken into account in the
exercise of this discretion include, but are not limited to:
13.8.1
Any use or enjoyment that you may have already had out of the
goods;
13.8.2
Any characteristics of the goods which may cause them to
deteriorate or expire rapidly;
13.8.3
The fact that the goods consist of audio or video recordings or
computer software and that the packaging has been opened;
13.8.4
Any discounts that may have formed part of the purchase price of
the goods to reflect any lack of quality made known to the
Customer at the time of purchase.
Such
discretion to be exercised only within the confines of the law.
14.
Privacy
Use of the website is also governed by our site wide
Privacy Policy which is incorporated into these terms and
conditions by this reference. To view the Privacy Policy, please
click on the link above.
15.
Disclaimers
15.1
Hodgkinson Publishing Ltd makes no warranty or representation
that the website will meet your requirements, that it will be of
satisfactory quality, that it will be fit for a particular
purpose, that it will not infringe the rights of third parties,
that it will be compatible with all systems, that it will be
secure and that all information provided will be accurate. We
make no guarantee of any specific results from the use of our
Services.
15.2 No part of this website is intended to constitute
advice and the Content of this website should not be relied upon
when making any decisions or taking any action of any kind.
15.3 No part of this website is intended to constitute a
contractual offer capable of acceptance.
16.
Changes to the Service and these Terms and Conditions
Hodgkinson Publishing Ltd reserves the right to change the
website, its Content or these Terms and Conditions at any time.
You will be bound by any changes to the Terms and Conditions
from the first time you use the website following the changes.
If Hodgkinson Publishing Ltd is required to make any changes to
Terms and Conditions relating to sale of goods by law, these
changes will apply automatically to any orders currently pending
in addition to any orders placed by you in the future.
17.
Availability of the website
The Service is provided "as is" and on an "as available" basis.
We give no warranty that the Service will be free of defects and
/ or faults. To the maximum extent permitted by the law we
provide no warranties (express or implied) of fitness for a
particular purpose, accuracy of information, compatibility and
satisfactory quality. Hodgkinson Publishing Ltd accepts no
liability for any disruption or non-availability of the website
resulting from external causes including, but not limited to,
ISP equipment failure, host equipment failure, communications
network failure, power failure, natural events, acts of war or
legal restrictions and censorship.
18.
Limitation of Liability
18.1 To the maximum extent permitted by law, Hodgkinson
Publishing Ltd accepts no liability for any direct or indirect
loss or damage, foreseeable or otherwise, including any
indirect, consequential, special or exemplary damages arising
from the use of the website or any information contained
therein. Users should be aware that they use the website and
its Content at their own risk.
18.2 Nothing in these Terms and Conditions excludes or
restricts Hodgkinson Publishing Ltd's liability for death or
personal injury resulting from any negligence or fraud on the
part of Hodgkinson Publishing Ltd.
18.3 Nothing in these Terms and Conditions excludes or
restricts Hodgkinson Publishing Ltd's liability for any direct
or indirect loss or damage arising out of the incorrect delivery
of goods or out of reliance on incorrect information included on
the website.
18.4 Whilst every effort has been made to ensure that
these terms and conditions adhere strictly with the relevant
provisions of the Unfair Contract Terms Act 1977, in the event
that any of these terms are found to be unlawful, invalid or
otherwise unenforceable, that term is to be deemed severed from
these terms and conditions and shall not affect the validity and
enforceability of the remaining terms and conditions. This term
shall apply only within jurisdictions where a particular term is
illegal.
19. No
Waiver
In the event that any party to these Terms and Conditions fails
to exercise any right or remedy contained herein, this shall not
be construed as a waiver of that right or remedy.
20.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions
and any prior versions thereof, the provisions of these Terms
and Conditions shall prevail unless it is expressly stated
otherwise.
21.
Notices
All notices / communications shall be given to us either by post
to our Premises (see address above) or by ticket via our support
desk:
www.ProductSupportDesk.com – Such notice will be deemed
received 3 days after posting if sent by first class post, the
day of sending if the email is received in full on a business
day and on the next business day if the email is sent on a
weekend or public holiday.
22. Law
and Jurisdiction
These terms and conditions and the relationship between you and
Hodgkinson Publishing Ltd shall be governed by and construed in
accordance with the Law of England and Wales and Hodgkinson
Publishing Ltd and you agree to submit to the exclusive
jurisdiction of the Courts of England and Wales.
