Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Codeaxa. The collective work includes works that are licensed to Codeaxa. Copyright 2003, Codeaxa ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Codeaxa or purchasing Codeaxa products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Codeaxa or to purchase Codeaxa products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Codeaxa. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks All trademarks, service marks and trade names of Codeaxa used in the site are trademarks or registered trademarks of Codeaxa
Warranty Disclaimer This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Codeaxa disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Codeaxa does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Codeaxa does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability Codeaxa shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Codeaxa has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors In the event that a Codeaxa product is mistakenly listed at an incorrect price, Codeaxa reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Codeaxa reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Codeaxa shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Codeaxa without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice Codeaxa may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Codeaxa.
Miscellaneous Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Codeaxa products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Codeaxa products) must be commenced within one (1) year after the claim or cause of action arises. Codeaxa's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Codeaxa may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Codeaxa or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer Codeaxa does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Codeaxa is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Codeaxa reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Codeaxa in its sole discretion.
Indemnification You agree to indemnify, defend, and hold harmless Codeaxa, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links In an attempt to provide increased value to our visitors, Codeaxa may link to sites operated by third parties. However, even if the third party is affiliated with Codeaxa, Codeaxa has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Codeaxa. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Codeaxa seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Terms & Conditions of Sale
By using our website, placing an order for goods and/or
registering as a member of our websites you confirm your agreement to
our terms and conditions, including the Privacy Policy, as set out
below:
Correspondence address & Customer Service
Codeaxa, Chiltern House
182 London Road Croydon CR0 2TE United Kingdom
| Tel: |
+44 (0208) 123 4606 (UK & Ireland) |
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+1 (310) 878-4606 (USA & Canada) |
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+61 (02) 6100 3477 (Australia & New Zealand) |
Conditions
1. An order for goods placed by you, the buyer through our websites shall be subject to these terms and conditions
2. All other terms and conditions, express or implied by
statute or otherwise, are excluded to the fullest extent permitted by
law.
3. Nothing in these terms and conditions shall affect the statutory rights of any consumer
Orders
4. All orders for goods shall be deemed to be an offer by you,
the buyer, to purchase goods pursuant to these terms and conditions
5. You, the buyer, shall be responsible for ensuring the
accuracy of the details provided on the order form and we will not be
obliged to accept an order unless all details requested on the order
form have been entered correctly
6. No order submitted by you, the buyer, shall be deemed to be
accepted by us unless and until we confirm acceptance of the your order
by e-mail (where applicable) or by telephone
7. We are entitled to refuse any order placed by you and will not be required to provide an explanation
Goods
8. The goods may differ slightly from the images shown
9. We reserve the right to substitute products of a similar
description and standard if the requested goods are not available but
will use reasonable endeavours to match your order exactly. In the
unlikely event of you receiving a substituted product you, the buyer,
shall be entitled to return the goods for a full refund within 10
working days from the date of delivery, should the substituted product
not be acceptable to you.
Price and Payment
10. The price of the goods will be the price quoted on the
website at the date the order is received and will not include V.A.T. as
we do not charge V.A.T. to UK, EU or International customers and
delivery is included in the price. Prices are in £GBP (Great British
Pounds), $USD (United States Dollars), €EUR (Euros), $CAD (Canadian
Dollars) or $AUD (Australian Dollars).
11. We reserve the right, by giving notice to you, the buyer,
at any time before delivery to increase the price of the goods to
reflect any increase in the cost to us, which is due to any factor
beyond our control (such as without limitation, any foreign exchange
fluctuation, significant increase in the costs of labour, materials or
other costs of manufacture)
12. In the unlikely event of there being such an increase in
the price of the goods you, the buyer, shall be entitled to cancel the
order at any time before delivery
Payment
13. When we provide any goods to you, the buyer, under these
terms and conditions, payment will be charged to the credit or debit
card account provided by you on the website order form or to a third
party account such as Paypal. Our secure payments service is provided by Sage and HSBC.
14. By placing an order, you, the buyer, consent to payment
being charged to your credit card account or electronic payment account
as provided on the order form.
15. Title to the goods will pass to you, the buyer, on payment in full of the price of the goods. Payment is required in advance
16. We will issue you with an electronic receipt to your email address once the goods have been dispatched
Delivery
17. The goods will be delivered to you, the buyer, at the address provided by you on the order form
18. The risk in the goods shall pass to you upon such delivery taking place
19. Any dates quoted for delivery of the goods are approximate
only and we shall not be liable for any delay in delivery of the goods
however caused. If however we are unable to deliver your goods by the
date quoted for delivery you, the buyer shall be entitled to cancel the
order at any time before delivery takes place
20. We deliver to all countries.
21. We shall not be liable to you, the buyer, for short
delivery of the goods however caused but will provide you with the
outstanding goods as soon as is reasonably practical. If however we have
not delivered the outstanding goods within 7 days within the UK or 14
days elsewhere from the first date of delivery you, the buyer, shall be
entitled to cancel the order for the outstanding goods. Typically goods
arrive within 5 working days.
Return of goods
22. You, the buyer, will inspect the goods as soon after delivery
as is reasonably practicable and will notify us of any shortages,
defects in the goods or any other complaint in respect of them within 7
working days from the date the goods were delivered.
SAVE IN RESPECT OF ANY SHORTAGES OR DEFECTS IF YOU, THE BUYER,
FAIL TO COMPLY WITH THIS CLAUSE WE WILL NOT BE HELD LEGALLY LIABLE IN
RESPECT OF ANY OTHER COMPLAINT WHICH SHOULD HAVE BEEN BROUGHT TO OUR
ATTENTION WITHIN THIS PERIOD
Your Warranty
23. You, the buyer, warrant that all details provided on the
order form for the purpose of purchasing the goods are correct, that the
credit or debit card you are using is your own and that there are
sufficient funds and/or sufficient unused limit available to cover the
cost of the goods
LIMITATION OF LIABILITY
24. We will use all reasonable endeavours to carry out its
obligations within a reasonable period of time but will not be liable to
you, the buyer for any loss, costs or expenses arising directly or
indirectly from any delays in doing so and we will not be deemed to be
in breach of this Agreement by reason of any delay in performing, or any
failure to perform, any of its obligations in relation to this
Agreement, if the delay or failure was due to any cause beyond our
reasonable control. Without prejudice to the generality of the
foregoing, the following will be regarded as causes beyond our
reasonable control:
24.1.1 Act of God, explosion, flood, tempest, fire or accident;
24.1.2 War or threat of war, sabotage, civil disturbance or requisition;
24.1.3 Acts, restrictions, regulations, bye-laws, prohibitions
or measures of any kind on the part of any governmental, parliamentary
or local authority;
24.1.4 Import or export regulations or embargoes;
24.1.5 Strikes, lock outs or other industrial actions or trade disputes;
24.1.6 Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
24.1.7 Power failure or breakdown in machinery
If we are prevented from carrying out is obligations in the
above circumstances, it will notify you in writing. If we are still
prevented from carrying out its obligations 3 weeks from the dated such
notice was sent, then either party may give written notice to the other
cancelling the Agreement. If the Agreement is cancelled in this way we
accept no liability to compensate you for any loss or damage caused by
failure to perform
25. Except where you, the buyer are dealing as consumer (as
defined in the Unfair Contract Terms Act 1977 section 12) we do not give
any warranty, guarantee or indemnity as to quality, fitness for purpose
or otherwise of the goods
26. Except in respect of death or personal injury caused by our
negligence, we will not be liable to you, the buyer, for any loss of
profit or any indirect special or consequential loss, damage, costs,
expenses or other claims, which arise out of or in connection with the
supply of goods other than as a result of a breach of an obligation
arising under the Sale of Goods Act 1979 (as amended) and the Supply of
Goods and Services Act 1973.
Intellectual Property
27. The copyright in the material contained in this website and
any trademarks and brands included in that material belongs to HS
Publishing Limited.
28.1 You may download or copy the content and other
down-loadable items displayed on the website subject to the condition
that the material may only be used for personal non-commercial purposes.
Copying or storing the contents of the website for other than personal
use is expressly prohibited
28.2 In return we reserve the right to publish your comments
from our surveys without recourse to payment or your specific
permission.
Website
29. We will attempt to ensure that the information available on
the website at any time is accurate. However, we will not be held liable
for any errors or omissions. We will use all reasonable endeavours to
correct errors and omissions as quickly as practicable after becoming
aware or being notified of these
30. All drawings, descriptive matter and specifications of the
goods on the website are for the sole purpose of giving an approximate
description of the goods
31. We may also change, suspend or discontinue any aspect of
the website, including the availability of any features, information,
database or content or restrict access to parts or all of the website
without notice or liability
General
32. We may from time to time change, alter, adapt, add or remove
portions of these terms and conditions but if it does so it will post
any such changes on the website
33. If any provision of these terms and conditions is held by
any competent authority to be invalid or unenforceable in whole or in
part, the validity of the other provisions of this Agreement and the
remainder of the provision in question will not be affected.
34. English law will apply to this Agreement, and the parties
agree to submit to the non-exclusive jurisdiction of the English courts.
35. The headings in this Agreement are for convenience only and will not affect their interpretation.
Queries and Complaints
36. We aim to respond to e-mail and written queries within 2 – 4
hrs of receipt during business hours 7 days a week. Our Customer
Services can answer your telephone queries Monday to Friday between
10.00am and 10.00pm
37. In respect of complaints, we will consider the nature of
the complaint and will contact you within 7 days of the complaint giving
you the result of the enquiries and what we proposes should be done.
Multiple Currencies
38. We accept multiple currencies at no charge to you the buyer.
39. The currencies we accept are £GBP (Great British Pounds),
$USD (United States Dollars), €EUR (Euros), $CAD (Canadian Dollars)
& $AUD (Australian Dollars).
Overseas Orders
40. We can ship overseas subject to no postage costs, no taxes and laws.
Export Restrictions
41. We will not ship any products to where they are illegal in the destination country.
Force Majeure
42. HS Publishing 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.
You will become the owner of the goods you have ordered when the goods are dispatched to you from our premises.
Withdrawal By You From The Contract
43. 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.
a. 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 HS Publishing any reason for withdrawing your
order nor will you have to pay any penalty.
b. The only circumstances in which you cannot withdraw your
order are where you have taken the goods you have ordered (or the ones
in relation to which you want to withdraw) out of the sealed package in
which they were delivered.
c. To withdraw your order you must notify HS Publishing in
writing at the address set out in the HS Publishing’s terms and
conditions section of this Web site.
d. If you have received the goods before you withdraw your
order then, unless you have lost your right to withdraw because you have
taken the goods out of their sealed package, you must send them back
to the HS Publishing contact address at your own cost and risk. If you
withdraw your order but HS Publishing has 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 HS
Publishing at the HS Publishing contact address at your own cost and
risk as soon as possible.
e. Once you have notified HS publishing that you are
withdrawing your order, any sum debited to HS Publishing from your
credit/debit card or PayPal will be re-credited to your account as soon
as possible and in any event within 30 days of your order PROVIDED
THAT the goods in question are returned by you and received by HS
publishing in the condition they were in when delivered to you.
f. Unless our terms and conditions have been followed in full
you waive the right to claim any chargeback on your credit card.
Liability
44. This is as follows:-
a. If the goods HS Publishing delivers are not what you
ordered or are damaged or defective or the delivery is of an incorrect
quantity, HS Publishing shall have no liability to you unless you notify
HS Publishing in writing at the HS Publishing’s contact address of the
problem within 10 working days of the delivery of goods in question.
b. If you do not receive goods ordered by you within 30 days
of the date on which they were dispatched to you, HS Publishing shall
have no liability to you unless you notify HS Publishing in writing at
the HS Publishing’s contact address of the problem within 40 days of
the date on which the goods were dispatched to you.
c. If you notify a problem to HS Publishing under this
condition, HS Publishing's only obligation will be, at its option: - to
make good any shortage or non-delivery; to replace or repair any goods
that are damaged or defective.
d. HS Publishing will not be liable to you for any indirect or
consequential loss or damage arising out of any problem you notify to
HS publishing under this condition and HS Publishing 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 under
paragraph (c) above.
e. 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 HS Publishing's
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.
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