Welcome to the new Lankester Exhibits Online website. These Terms &
Conditions apply to the use of this website at: www.lankesterart.com.
By accessing this website and/or placing an order, You agree to be
bound by these Terms & Conditions.
These terms and conditions relate only to sales directly through
this website from Lankester Exhibits Online and does not cover sales
through companies linked to this website. See clause 8 below.
Using this website indicates that you accept these terms regardless
of whether or not you choose to register with us or order from us. If
you do not accept these trems, do not use this website.
The www.lankesterart.com website is operated by C E McLean, trading
as Lankester Exhibits Online. We are not registered for VAT. Our
contact details are as follows: Lankester Exhibits Online, Oliver's
Lane, Malmesbury, Wiltshire, SN16 9AF, UK.
E-mail: cmclean@lankesterart.com Telephone: +44 (0)1666 822652
1. INTRODUCTION
1.1 You will be able to access most areas of this Website without
registering your details with us.
1.2 We may revise these terms and conditions at any time by
updating this posting. You should check this Website from time to time
to review the then current terms and conditions, because they are
binding on you. Certain provisions of these terms and conditions may
be superseded by expressly designated legal notices or terms located
on particular pages of this Website. If you do not wish to accept any
new terms and conditions after we have given notice, you should not
continue to use this Website.
2. ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via our
online checkout process. As part of our checkout process you will be
given the opportunity to check your order and to correct any errors.
We will send you an order acknowledgement, detailing the products you
have ordered.
2.2 Our acceptance of an order takes place when we despatch the
order. We will send you a despatch confirmation by email. When we
despatch the order the purchase contract will be made even if your
payment has been processed immediately, unless we have notified you
that we do not accept your order or you have cancelled your order.
2.3 We may refuse to accept an order: (a) where goods are not
available; (b) where we cannot obtain authorisation for your
payment; (c) if there has been a pricing or product description
error; or (d) if you do not meet any eligibility criteria set out
in our terms and conditions.
3. PRICING
3.1 Our prices do not include VAT as we are not registered for VAT.
3.2 Where we charge separately for packing, carriage and insurance
and other relevant charges for bespoke items, e.g different frames and
sizes, you will need to contact us direct for the precise cost.
3.3 Our prices are reviewed periodically and the next review will
be on 01/01/2009.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order: (a) you can notify us by email
to cmclean@lankesterart.com before we have dispatched the goods to
you; or (b) where goods have already been dispatched to you, by
returning goods to us in accordance with clause 4.2 below.
4.2 You can return goods you have ordered from us for any reason at
any time within 14 days of receipt for a full refund or exchange. The
costs of returning goods to us shall be borne by you. 4.3 Upon
receipt of the goods we will give you a full refund of the amount paid
or an exchange as required.
5. LICENCE
5.1 You are permitted to print and download extracts from this
Website for your own use on the following basis: (a) no documents
or related graphics on this Website are modified in any way; (b)
no graphics on this Website are used separately from accompanying
text; and (c) any of our copyright and trade mark notices and this
permission notice appear in all copies.
5.2 Unless otherwise stated, the copyright and other intellectual
property rights in all material on this Website (including without
limitation photographs and graphical images) are owned by us or our
licensors.
For the purposes of these terms and conditions, any use of extracts
from this website, other than in accordance with clause 5.1 above, for
any purpose is prohibited. If you breach any of the terms in these
terms and conditions, your permission to use this website
automatically terminates and you must immediately destroy any
downloaded or printed extracts from this website.
5.3 Subject to clause 5.1, no part of this website may be reproduced
or stored in any other website or included in any public or private
electronic retrieval system or service without our prior written
permission. 5.4 Any rights not expressly granted in these terms
are reserved.
6. SERVICE ACCESS 6.1 While we endeavour to ensure that this
website is normally available 24 hours a day, we will not be liable if
for any reason this website is unavailable at any time or for any
period.
6.2 Access to this website may be suspended temporarily and without
notice in the case of system failure, maintenance or repair or for
reasons beyond our control.
7. VISITOR MATERIAL AND CONDUCT
7.1 Any material you transmit or post to this website will be
considered non-confidential and non-proprietary. We will have no
obligations with respect to such material. We and our nominees will be
free to copy, disclose, distribute, incorporate and otherwise use such
material and all data, images, sounds, text and other things embodied
therein for any and all commercial or non-commercial purposes.
7.2 You are prohibited from posting or transmitting to or from this
website any material: (a) that is threatening, defamatory,
obscene, indecent, seditious, offensive, pornographic, abusive, liable
to incite racial hatred, discriminatory, menacing, scandalous,
inflammatory, blasphemous, in breach of confidence, in breach of
privacy or which may cause annoyance or inconvenience; (b) for
which you have not obtained all necessary licences and/or approvals; (c)
which constitutes or encourages conduct that would be considered a
criminal offence, give rise to civil liability, or otherwise be
contrary to the law of or infringe the rights of any third party, in
the UK or any other country in the world; or (d) which is
technically harmful (including, without limitation, computer viruses,
logic bombs, Trojan horses, worms, harmful components, corrupted data
or other malicious software or harmful data).
7.3 You may not misuse the website (including, without limitation,
by hacking).
7.4 We will fully co-operate with any law enforcement authorities or
court order requesting or directing us to disclose the identity or
locate anyone posting any material in breach of clauses 7.2 or 7.3.
8. LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third party websites on this website are provided
solely for your convenience. If you use these links, you leave this
website. We have not reviewed all of these third party websites and do
not control and are not responsible for these websites or their
content or availability. We therefore do not endorse or make any
representations about them, or any material found there, or any
results that may be obtained from using them. If you decide to access
any of the third party websites linked to this website, you do so
entirely at your own risk.
8.2 If you would like to link to this 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: (a) you do
not remove, distort or otherwise alter the size or appearance of the
Lankester Exhibits Online logo; (b) you do not create a frame or
any other browser or border environment around this Website; (c)
you do not in any way imply that we are endorsing any products or
services other than our own; (d) you do not misrepresent your
relationship with us nor present any other false information about us; (e)
you do not otherwise use any Lankester Exhibits Online trade marks
displayed on this website without our express written permission; (f)
you do not link from a website that is not owned by you; and (g)
your website does not contain 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.
We expressly reserve the right to revoke the right granted in this
clause 8.2 for breach of these terms and to take any action we deem
appropriate.8.3
You shall fully indemnify us for any loss or damage we or any of our
group companies may suffer or incur as a result of your breach of
clause 8.2.
9. DISCLAIMER
9.1 While we endeavour to ensure that the information on this
website is correct, we do not warrant the accuracy and completeness of
the material on this website. We may make changes to the material on
this website, or to the products and prices described in it, at any
time without notice. The material on this website may be out of date,
and we make no commitment to update such material.
9.2 The material on this website is provided "as is"
without any conditions, warranties or other terms of any kind.
Accordingly, to the maximum extent permitted by law, we provide you
with this website on the basis that we exclude all representations,
warranties, conditions and other terms (including, without limitation,
the conditions implied by law of satisfactory quality, fitness for
purpose and the use of reasonable care and skill) which but for these
terms and conditions might have effect in relation to this website.
10. LIABILITY
10.1 We, any other party (whether or not involved in creating,
producing, maintaining or delivering this website), and any of our
group companies and the officers, directors, employees, shareholders
or agents of any of them, exclude all liability and responsibility for
any amount or kind of loss or damage that may result to you or a third
party (including without limitation, any direct, indirect, punitive or
consequential loss or damages, or any loss of income, profits,
goodwill, data, contracts, use of money, or loss or damages arising
from or connected in any way to business interruption, and whether in
tort (including without limitation negligence), contract or otherwise)
in connection with this website in any way or in connection with the
use, inability to use or the results of use of this website, any
websites linked to this website or the material on such websites,
including but not limited to loss or damage due to viruses that may
infect your computer equipment, software, data or other property on
account of your access to, use of, or browsing this Website or your
downloading of any material from this Website or any websites linked
to this website.
10.2 Nothing in these terms and conditions shall exclude or limit
our liability for (i) death or personal injury caused by negligence
(as such term is defined by the Unfair Contract Terms Act 1977); (ii)
fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any
liability which cannot be excluded or limited under applicable law. 10.3
If your use of material on this website results in the need for
servicing, repair or correction of equipment, software or data, you
assume all costs thereof.
10.4 You agree to indemnify us fully, defend and hold us, and our
officers, directors, employees and agents, harmless from and against
all claims, liability, damages, losses, costs (including reasonable
legal fees) arising out of any breach of the terms and conditions by
you, or your use of this website, or the use by any other person using
your details.
11. GOVERNING LAW AND JURISDICTION
11.1 These terms and conditions shall be governed by and construed
in accordance with English law. Disputes arising in connection with
these terms and conditions shall be subject to the exclusive
jurisdiction of the English courts.11.2 We do not warrant that
materials/items for sale on the website are appropriate or available
for use outside the United Kingdom. It is prohibited to access the
website from territories where its contents are illegal or unlawful.
If you access this website from locations outside the United Kingdom,
you do so at your own risk and you are responsible for compliance with
local laws.
12. MISCELLANEOUS
12.1 You may not assign, sub-license or otherwise transfer any of
your rights under these terms and conditions.
12.2 If any provision of these terms and conditions is found by any
court of competent jurisdiction to be invalid, the invalidity of that
provision will not affect the validity of the remaining provisions
which shall continue to have full force and effect.
12.3 Only the parties to these terms and conditions may seek to
enforce them under the Contracts (Rights of Third Parties) Act 1999.
|