CARVELLO WOODSCUTT LIMITED
(trading as GradFinale Yearbooks)
ONLINE TERMS AND CONDITIONS OF BUSINESS
(September 2008)
NOTE THAT THE GRADFINALE YEARBOOK IS OPEN TO CONTRIBUTIONS FROM ONLY THOSE WHO ARE CURRENT STUDENTS OR MEMBERS OF STAFF OF THE UNIVERSITY
Terms of Agreement. When you use our website to place an order with us, these Terms and Conditions of Business will constitute a legally binding agreement between you and us. It is your responsibility to carefully read these Terms and Conditions of Business before using this website. Your use of our website is contingent upon your acceptance of our Privacy Policy and the following Terms and Conditions of Business. ("GradFinale Policies"). Use of our website will be considered acceptance of the GradFinale Policies. If you do not agree to the Terms and Conditions of Business contained in the following pages, then you may not use our website. Please note that we have the right to modify these Terms and Conditions of Business and, thus, you should review them periodically.
If you have any enquiries, comments or concerns regarding this agreement or any other part of this site or regarding any of our featured products and services or if you have experienced technical problems while using this site, please send an email to admin@gradfinale.co.uk
1. Definitions
"we" "us" "our" means Carvello Woodscutt Limited, registered in England, No: [4266938] whose registered office is at [1 Beauchamp Court, Victors Way, Barnet, Herts, EN5 5TZ) ].
"you" "your" means the person whose name and address is printed on the Order.
"Contract" means the Order and Order Confirmation (incorporating any Special Conditions)
"Faulty" means containing a fault or defect; imperfect or defective.
"Order" means your order for a Yearbook.
"Order Confirmation" means our confirmation in Writing pursuant to Condition 3(b).
"Price" means the price together with postage and packing in force at the date and time of the Order, subject to any promotional offer or discount then applicable.
"Person" means any person, firm or company.
"Special Conditions" any conditions in relation to orders set out and designated as such in the Order Confirmation.
"Terms and Conditions of Business" means the standard terms and conditions of business set out in this document.
"Writing" includes, other than for the purpose of Condition 11, email clearly bearing the names of the sender and the recipient and writing on the screen of a visual display unit or other similar device.
"Yearbooks" means
the goods and services which we sell in accordance with these Terms
and Conditions of Business.
2. Basis of Sale.
a. These Terms and Conditions of Business
and any Special Conditions will govern the Contract to the exclusion
of any other terms, including any terms and conditions which you may
seek to apply under any purchase order, confirmation of order or other
document.
b. Any variation of these Terms and
Conditions of Business and the Special Conditions will only bind us
if agreed in Writing between our authorised representatives and you.
c. Our employees are not authorised
to make any representations concerning the Yearbooks unless confirmed
by us in Writing. In entering into any Contract and in accepting delivery,
you acknowledge that you do not rely on representations concerning the
Yearbooks which are not confirmed in this way.
3. Orders and Specifications
a. Our Yearbooks are offered for sale
subject to availability and subject to our acceptance of the Order.
b. We reserve the right to reject
any Order without the obligation to assign any reason for so doing.
No Order shall be deemed accepted by us unless and until it is confirmed
unconditionally by us in the Order Confirmation.
c. We have a policy of continuous product development and reserve the right to amend the specifications of any of the Yearbooks without prior notice. Yearbooks supplied may therefore differ as a consequence of this policy.
d. We endeavour to display and describe
as accurately as possible the printed colours of the Yearbooks which
appear on our website, but cannot undertake to give any assurance that
the picture colours of Yearbooks supplied will exactly match those displayed
on your monitor.
4. Price and Payment
a. All Prices stated are in £sterling
and include UK VAT at the appropriate rate if applicable. You
will be responsible for any other taxes applicable in the territory
to which the Yearbooks are sent (if outside the UK).
b. Payment must be made by credit
card or debit card or by PayPoint at the time of placing an Order which
is accepted by us. Payment in full will be taken at this time and the
Contract will be in force.
c. You undertake that all details
provided to us for the purpose of the Order and its delivery will be
correct and that the chosen method of payment is your property and that
sufficient funds or credit facilities are available to cover the full
cost of the Yearbook(s) ordered. We reserve the right to obtain
validation of your credit card, debit card or PayPoint details before
accepting your Order.
5. Delivery
a. The place for delivery of the Yearbooks will be as shown on the Order and the normal method of delivery is collection at your graduation ceremony (where this service is available) unless you choose to pay postage and then your Yearbook shall be mailed out by regular post
b. For those Yearbooks which are not being collected at your graduation ceremony, we aim to deliver them within 28 working days following the graduation date. We will endeavour to process the Order and print the Yearbook(s) within the time period stated. However printing time may vary. Any dates quoted for delivery of the Yearbooks are indicative only. Time for delivery will not be of the essence of the Contract and we will not be liable for any loss or expenses sustained by you arising from any delay in the delivery of the Yearbook(s) howsoever caused.
e. If you wrongfully fail to take
delivery of Yearbook(s), we shall be under no obligation to refund the
Price
f. Your Yearbook(s) may not be returned
to us except as provided in Condition 7 below.
6. Risk of loss or damage
Risk of damage to or loss of your
Yearbook(s) will pass to you on delivery at the agreed address.
7. Returns, refunds and rights
of cancellation
a. You will have the right to cancel any Order for a Yearbook and receive a refund only in the following circumstances:
(i) if we have failed to deliver the Yearbook within 28 days after the due date for delivery
(ii) in the case of
a Faulty Yearbook at the earliest opportunity after you have discovered
the fault or defect (provided that you will be deemed to have inspected
the Yearbook as soon as reasonably practicable after delivery and in
no case longer than 14 days after receipt).
b. Notice of the wish to cancel must
be made by email to our email address shown below.
c. For the avoidance of doubt, save
in respect of a Faulty Yearbook, nothing in these Terms and Conditions
of Business shall give you rights of cancellation in regard to the Yearbook
which, by its nature has been personalised and in part made to your
specification.
d. Subject as provided in Condition 8a., in the case of cancellation under Condition 7a. above, we shall refund all sums paid in respect of the Yearbook(s) in question, provided that any Yearbook which is returned by you to us must be returned in the condition in which it was received by you.
e. In the event that we send you a replacement for a Faulty Yearbook, you must return the original Yearbook within 30 days. We reserve the right to charge the price of replacement to the payment card used for the Order if the original Yearbook is not returned within 30 days of the date on which we confirm the issue of a replacement.
8. Limitation of liability
a. We will not be liable for delivery
of Faulty Goods unless a claim is notified to us in Writing in accordance
with Condition 7a. or, where upon reasonable inspection of the Yearbook,
you should have become aware of such defect. The notification must include
the Order Confirmation number and details of the claim. In the case
of a valid claim, we may, in our sole discretion, replace the Faulty
Yearbook(s) or refund to you the Price (or an appropriate proportion
of the Price). We will have no further liability to you in respect of
the matters referred to in this Condition 8a.
b. We will not be liable in any way
for loss, damage, costs or expenses (including loss of profit) arising
directly or indirectly from any failure or delay in performing any obligation
under this Contract by reason of any event or circumstance outside our
reasonable control, including (but not limited to), any strikes, industrial
action, failure of power supplies or equipment, government action or
Act of God.
c. Our liability or that of our agents,
employees, subcontractors and suppliers with respect to any and all
claims arising out of the performance or non-performance of our obligations
in connection with the use of the information provided under the Contract,
or the provision of services thereunder, whether based on warranty,
contract, negligence, strict liability or otherwise, shall not exceed,
in the aggregate, the Price paid by you for the Yearbook(s). In
no event shall the liability include damages for indirect or consequential
damages of any nature.
9 Our rights and your obligations
in respect of contributed copy and photographs
a. We reserve the right at any time
with or without your prior consent and without liability to you in that
regard to reject any materials which, at our sole discretion, we consider
to be obscene, in bad taste or in any other way inappropriate (whether
or not to print such materials would be illegal or unlawful).
b. You agree to indemnify us against
any and all claims and liabilities (including legal fees) which may
arise from your submitted contribution(s) to the Yearbook and/or from
your unauthorised use of material obtained from or which is the property
(including intellectual property) of any third party and/or from your
breach of the Contract.
10. Data Protection
a. We are a registered data controller
within the meaning of the Data Protection Act 1998 ("the Act").
b. We undertake to process all personal
data obtained by us through use of the website in accordance with the
principles laid down in the Act. Please see our Privacy Policy [add hyperlink ] for more information.
11. Notice
a. Any notice given or made under
the Contract must be in writing (other than writing on the screen of
a visual display unit or other similar device, which shall not be treated
as writing for the purposes of this Condition).
b. A notice served on us will be addressed as provided in Condition 1 and on you at the address stated on the Order, and if so addressed, will be deemed to have been duly given or made as follows:
(i) if sent by personal delivery,
upon delivery at the address of the relevant party; or
(ii) if sent by first class
post, two clear business days after the date of posting.
c. We and you may notify each other of a change in their name, relevant addressee and address for the purpose of this Condition and this notification will only be effective on:
(i) the date specified as
the date on which the change is to take place; or
(ii) if no date is specified
or the date specified is less than five clear business days after the
date on which notice is given, the date falling five clear business
days after notice of any change has been given.
12. Governing law and jurisdiction
a. The Contract shall be governed
by and construed in accordance with English law.
b. The parties irrevocably agree that
the courts of England are to have exclusive jurisdiction to settle any
disputes which may arise in connection with the Contract.
If we do not exercise a right or
power when we are able to do so this will not prevent us exercising
that right or power. When we do exercise a right or power we may do
so again in the same or a different manner.
14. Statutory Rights
Your rights and remedies under the
Contract are additional to and not in derogation of, any other rights
and remedies you may have at law.
15. Severability
If any term or provision in the Contract
is found to be void, against public policy, or unenforceable by a court
of competent jurisdiction and such finding or order becomes final with
all appeals exhausted, then the offending provision shall be deemed
modified to the extent necessary to make it valid and enforceable.
If the offending provision cannot be so modified, then the same shall
be deemed removed from the Contract in its entirety, and the remainder
of the Contract shall survive with the offending provision removed.
16. Website Availability
Because public networks, such as
the internet, occasionally experience disruptions, we cannot guarantee
that our website will be available 100% of the time. Although we strive
to provide the most reliable website possible, interruptions and delays
in accessing the website are unavoidable and we disclaim any liability
for damages resulting from such problems.
17. Typographical Errors
Information on our website may contain
technical inaccuracies or typographical errors. We attempt to
make our descriptions as accurate as possible, but do not warrant that
the content of our website is accurate, complete, reliable, current,
or error-free.
18. Off-Site Links
A link to a third party website does
not mean that we endorse or accept any responsibility for the content
or the use of such website. It is up to you to take precautions to ensure
that whatever you select for your use is free of such items as viruses,
worms, Trojan horses and other items of a destructive nature.
19. Our right of change and amendment
We reserve the right to make changes
from time to time to the nature of and/or the way in which we provide
our services and print the Yearbooks and, in consequence, to make variations
and amendments to these Terms and Conditions of Business and to the
GradFinale Policies.
20. General operational terms and conditions
a. Contributed written content
You acknowledge and agree that we shall not be held responsible for personal comments made in any entries in the Yearbook.
We reserve the right to edit, and/or exclude any information or use of language it is felt will be harmful, offensive or defamatory to or of other persons or is deemed to be unnecessary for the Yearbook purposes.
We reserve the right to use text and photos (entire and extracts) from submissions for all Yearbook (and University) purposes, including for marketing, publicity, as testimonials and as quotes.
You acknowledge and agree that we take no responsibility for loss of data sent via the submission forms online.
b. Contributed photographs
There is a limit of 30 uploadable photographs for school/college students, but note that this limit does not apply to University students.
We reserve the right to publish any photograph that you submit to us to be included in the Yearbook. You agree that photographs are submitted in the knowledge they will be published and therefore you must not send us professional photos or those of any third party who has not given you permission to do so.
Whilst every effort will be made to include all photographs sent, we reserve the right not to publish any or all of those submitted.
Whilst every effort will be made to return all photographs to you, we cannot guarantee that you will receive back all of your submitted photographs.
c. Deadlines for contributions
Due to the inevitable time constraints of the academic year and printing deadlines, we have established deadlines for contributions made and received, and therefore cannot accept any responsibility for receiving and therefore publishing any contributions made whether they are written or photographic after the deadline has passed. You should check our website for the deadline date.
