BACKGROUND:
This agreement applies as between you, the User of this Web Site and Proud Power
Limited, the owner(s) of this Web Site. Your agreement to
comply with and be bound by these Terms and Conditions is deemed to occur upon
your first use of the Web Site. If you do not agree to be bound by these Terms
and Conditions, you should stop using the Web Site immediately.
No part of this Web Site 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 to you indicating that your order has been fulfilled and is on its way to
you.
1.
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
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“Account”
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means collectively the personal information, Payment Information and
credentials used by Users to access Paid Content and / or any communications
System on the Web Site;
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“Carrier”
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means any third party responsible for transporting purchased Goods from
our Premises to customers;
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“Content”
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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 Web Site;
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“Goods”
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means any products that Proud Galleries Ltd advertises and / or
makes available for sale through this Web Site;
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“<<NAME>>”
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means Proud Publishing Limited, 5 Buckingham Street,
London, WC2N 6BP.
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“Service”
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means collectively any online facilities, tools, services or information
that Proud Publishing Limited makes available through the Web Site
either now or in the future;
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“Payment Information”
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means any details required for the purchase of Goods from this Web Site.
This includes, but is not limited to, credit / debit card numbers, bank account
numbers and sort codes;
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“Purchase Information”
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means collectively any orders, invoices, dispatch notes, receipts or
similar that may be in hard copy or electronic form;
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“Premises”
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Means our place(s) of business located at 5 Buckingham Street,
London, WC2N 6BP;
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“System”
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means any online communications infrastructure that Proud Power
Limited makes available through the Web Site either now or in the future.
This includes, but is not limited to, web-based email, message boards, live chat
facilities and email links;
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“User” / “Users”
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means any third party that accesses the Web Site and is not employed by
Proud Publishing Limited and acting in the course of their employment;
and
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“Web Site”
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means the website that you are currently using (www.proud.co.uk) and any
sub-domains of this site (e.g. subdomain.www.proud.co.uk) unless expressly
excluded by their own terms and conditions.
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2.
Age Restrictions
Persons under the age of 18 should use this Web Site only with the supervision
of an Adult. Payment Information must be provided by or with
the permission of an Adult.
3.
Business Customers
These Terms and Conditions also apply to customers buying Goods in the course of
business..
4.
International Customers
If Goods are being ordered from outside Proud Publishing Limited’s country of
residence, import duties and taxes may be incurred once your Goods reach their
destination. Proud Publishing Limited 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 Proud Publishing Limited cannot guarantee that the packaging of your
Goods will be free of signs of tampering.
5.
Intellectual Property
5.1
Subject to the exceptions in Clause 6 of these Terms and
Conditions, all Content included on the Web Site, 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 Proud Publishing Limited, our affiliates or other relevant third
parties. By continuing to use the Web Site you acknowledge
that such material is protected by applicable United Kingdom
and International intellectual property and other laws.
5.2
Subject to Clause 7 you may not reproduce, copy, distribute,
store or in any other fashion re-use material from the Web Site unless otherwise
indicated on the Web Site or unless given express written permission to do so by
Proud Publishing Limited.
6.
Third Party Intellectual Property
6.1
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.
6.2
Subject to Clause 7 you may not reproduce, copy, distribute,
store or in any other fashion re-use such material unless otherwise indicated on
the Web Site or unless given express written permission to do so by the relevant
manufacturer or supplier.
7.
Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any
of the exceptions detailed in Chapter III of the Copyright Designs and Patents
Act 1988 apply.
8.
Links to Other Web Sites
This Web Site may contain links to other sites. Unless
expressly stated, these sites are not under the control of Proud Publishing Limited
or that of our affiliates. We assume no responsibility for
the content of such web sites 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 Web Site does not imply any endorsement of the
sites themselves or of those in control of them.
9.
Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to
the home page of the site www.proud.co.uk without prior
permission. Deep linking (i.e. links to specific pages within
the site) requires the express permission of Proud Publishing Limited.
To find out more please contact us by email at info@proud.co.uk
or Buckingham Street, London, WC2N 6BP, 020 7839 4942.
10.
Use of Communications Facilities
10.1
When using the enquiry form or any other System on the Web Site you should do so
in accordance with the following rules:
10.1.1 You must not use
obscene or vulgar language;
10.1.2 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;
10.1.3 You must not
submit Content that is intended to promote or incite violence;
10.1.4 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;
10.1.5 The means by
which you identify yourself must not violate these terms of use or any
applicable laws;
10.1.6 You must not
impersonate other people, particularly employees and representatives of Proud
Power Limited or our affiliates; and
10.1.7 You must not use
our System for unauthorised mass-communication such as “spam” or “junk mail”.
10.2
You acknowledge that Proud Publishing Limited reserves the right to monitor any and
all communications made to us or using our System.
11.
Accounts
11.1
In order to purchase Goods on this Web Site you are required to create an
Account which will contain certain personal details and Payment Information
which may vary based upon your use of the Web Site as we may not require payment
information until you wish to make a purchase. By continuing
to use this Web Site you represent and warrant that:
11.1.1 all
information you submit is accurate and truthful;
11.1.2 you have
permission to submit Payment Information where permission may be required; and
11.1.3 you will
keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and
warranty.
11.2
It is recommended that you do not share your Account details, particularly your
username and password. Proud Publishing Limited 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.
11.3
If you have reason to believe that your Account details have been obtained by
another without consent, you should contact Proud Publishing Limited 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. In the event that an unauthorised purchase is
dispatched prior to your notifying us of the unauthorised nature of the
purchase, Proud Publishing Limited accepts no liability or responsibility and you
should make contact with the Carrier detailed in the Purchase Information.
11.4
When choosing your username you are required to adhere to the terms set out
above in Clause 10. Any failure to do so could result in the
suspension and/or deletion of your Account.
12.
Termination and Cancellation
12.1
Either Proud Publishing Limited or you may terminate your Account.
If Proud Publishing Limited 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.
12.2
If Proud Publishing Limited terminates your Account, any current
or pending purchases on your Account will be cancelled and will not be
dispatched.
12.3
Proud Publishing Limited reserves the right to cancel purchases without stating
reasons, for any reason prior to processing payment and dispatch.
12.4
If purchases are cancelled for any reason prior to dispatch you will be
refunded any monies paid in relation to those purchases.
12.5
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.
13.
Goods, Pricing and Availability
13.1
Whilst every effort has been made to ensure that all graphical representations
and descriptions of Goods available from Proud Publishing Limited correspond to the
actual Goods, Proud Publishing Limited 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 15.1 for incorrect Goods.
13.2
Where appropriate, you may be required to select the required [size] [model]
[colour] [number] [other features] of the Goods that you are purchasing.
13.3
Proud Publishing Limited does not represent or warrant that such Goods will be
available. Stock indications are provided on the Web Site
however these may not take into account sales that have taken
place during your visit to the website.
13.4
All pricing information on the Web Site is correct at the time of going online.
Proud Publishing Limited reserves the right to change prices and alter or
remove any special offers from time to time and as necessary..
13.5
In the event that prices are changed during the period between an order being
placed for Goods and Proud Publishing Limited processing that order and taking
payment, you will be contacted prior to your order being processed with details
of the new price;
13.6
All prices on the Web Site do not include VAT. Proud Power
Limited’s VAT number is <<ENTER NUMBER>>.
14.
Delivery
14.1
Proud Publishing Limited will notify you by way of email when your goods are to be
dispatched to you. The message will contain details of
estimated delivery times in addition to any reasons for a delay in the delivery
of the Goods purchased by you.
14.2
If Proud Publishing Limited receives no communication from you, within 28 days of
delivery, regarding any problems with the Goods, you are deemed to have received
the Goods in full working order and with no problems.
15.
Returns Policy
Proud Publishing Limited 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.
15.1
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 arrange collection and return. Proud Publishing Limited 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.
15.2
If any Goods you have purchased have faults when they are delivered to you, you
should contact Proud Publishing Limited within 28 days to arrange collection and
return. Proud Publishing Limited 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.
15.3
If any Goods develop faults within their warranty period, you are entitled to a
repair or replacement under the terms of that warranty.
15.4
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 Proud Publishing Limited within
10 days and arrange collection and return. Proud Power
Limited 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.
15.5
You have a statutory right to a “cooling off” period. This
period begins once your order is complete and ends 7 days after the Goods have
been delivered. If you change your mind about the goods
within this period, please return them to Proud Publishing Limited within 7 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 Proud Publishing Limited. You are
responsible for paying shipment costs if Goods are returned for this reason.
15.6
If you wish to return Goods to Proud Publishing Limited for any of the above reasons,
please contact us using the details on
http://www.proud.com/contact.aspx to make the appropriate
arrangements.
15.7
Proud Publishing Limited 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:
15.7.1 Any use or
enjoyment that you may have already had out of the Goods;
15.7.2 Any
characteristics of the Goods which may cause them to deteriorate or expire
rapidly;
15.7.3 The fact that the
Goods consist of audio or video recordings or computer software and that the
packaging has been opened;
15.7.4 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.
16.
Privacy
Use of the Web Site is also governed by our
http://www.proud.com/privacypolicy.aspx which is incorporated into
these terms and conditions by this reference. To view the
Privacy Policy, please click on the link above.
17.
Disclaimers
17.1
Proud Publishing Limited makes no warranty or representation that the Web Site 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.
17.2
No part of this Web Site is intended to constitute advice and the Content of
this Web Site should not be relied upon when making any decisions or taking any
action of any kind.
17.3
No part of this Web Site is intended to constitute a contractual offer capable
of acceptance.
18.
Changes to the Service and these Terms and Conditions
Proud Publishing Limited reserves the right to change the Web Site, 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 Web Site
following the changes. If Proud Publishing Limited 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.
19.
Availability of the Web Site
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.
Proud Publishing Limited accepts no liability for any disruption or non-availability
of the Web Site 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.
20.
Limitation of Liability
20.1
To the maximum extent permitted by law, Proud Publishing Limited 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 Web Site or any information contained therein. Users should be aware that
they use the Web Site and its Content at their own risk.
20.2
Nothing in these Terms and Conditions excludes or restricts Proud Power
Limited’s liability for death or personal injury resulting from any negligence
or fraud on the part of Proud Publishing Limited.
20.3
Nothing in these Terms and Conditions excludes or restricts
Proud Publishing Limited’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 Web Site.
20.4
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.
21.
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.
22.
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.
23.
Notices
All notices / communications shall be given to us either by post to our Premises
(see address above) or by email to kate@proudgalleries.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.
24.
Law and Jurisdiction
These terms and conditions and the relationship between you and Proud Power
Limited shall be governed by and construed in accordance with the Law of England
and Wales and Proud Publishing Limited and you agree to submit to the exclusive
jurisdiction of the Courts of England and Wales.