Terms and Conditions
Please read all these terms and conditions
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to ensure they contain all that you want and nothing that you are not happy with. By placing an Order, you affirm and agree that you have read this document and will review it from time to time as we reserve the right to change, alter or modify this document as is deemed necessary.
1. These Terms and Conditions will apply to the purchase of the Goods (considered Electronic Media unless expressly specified otherwise) by you (the Customer or you). We are Pax Asteriae of Pax Asteriae Fiction (the Website), with email address firstname.lastname@example.org; (the Supplier or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. You can only purchase Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
a. Should it be demonstrated that a Customer is under the age of 18, their Order(s) shall be suspended until such time as they can provide legally-acceptable proof that they are 18 years old.
3. Consumer and Customer means an individual acting for purposes which are wholly or mainly outside his, her or their trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Goods;
5. Delivery Location means the Supplier’s Website or premises, or other location where the Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
8. Order means the Customer’s order for the Goods from the supplier as submitted following the step by step process set out on the Website;
10. Website means our website https://www.paxasteriae.co.uk on which the Goods are advertised.
11. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description of physical goods is for illustrative purposes only and due to the Goods hand-made nature there may be small discrepancies in the size and colour of the Goods supplied.
12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Goods which appear on the Website are subject to availability.
14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Personal Information and Registration
15. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and undertake not to disclose your username and password to anyone else and keep them secret.
17. We may contact you by using email or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
18. The description of the Goods in our Website does not constitute a contractual offer to sell the Goods. When an order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
19. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility that you have used the ordering process correctly.
20. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (*Order Confirmation*). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
21. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing
22. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
Price and Payment
23. The price of the Goods and any additional delivery or other charges that is set out on the Website at the date of the Order or such other price as we may agree in writing.
24. Prices and charges may include VAT at the rate applicable at the time of the Order.
25. You must pay by submitting your credit or debit card details or by submitting a payment through an intermediary funding service such as PayPal with your Order and we can take payment immediately or otherwise before delivery of the Goods.
26. We will deliver the Goods to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 39 days after the day on which the Contract is entered into.
27. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
28. If we accept an Order for delivery outside the area of England, Wales, Scotland, Northern Ireland, the Isle of Man and Channel Islands (known as the *United Kingdom*), you may need to pay import duties or other taxes, as we will not pay them.
29. The Goods will become your responsbility from the completion of delivery. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
30. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
31. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose to, by notice to cancel any delivery and end any right to use the Goods still owned by you.
Withdrawal, Returns and Cancellation
32. You can withdraw from the Order by telling us before the Contract is made, if you simply wish to chnge your mind and without giving us a reason and without incurring any liability, by removing any items from your Cart and not proceeding with the Order.
33. This is a distance contract (as defined below), which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, no not apply to a contract for the following goods (with no others) in the following circumstances:
a. a newspaper, periodical or magazine except subscription contracts for the supply of them;
b. goods that are made to your specifications or are clearly personalised;
c. goods which are liable to deteriorate or expire rapidly.
Right to cancel
34. Subject as stated in these Terms and Conditions, you can cancel this Contract via email within 14 days without giving any reason, provided you have not downloaded any purchased Electronic Media from the Website or your Account.
35. The cancellation period will expire after 14 days from the day on which you complete Payment and receive your Order Confirmation, subject to you not downloading any purchased Electronic Media from your Account.
36. To exercise your right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. via an email to email@example.com, or through the Contact Form available on the Website).
36. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
37.Except as set out below, if you cancel this Contract prior to downloading any Electronic Media from the Website, we will reimburse to you all payments received from you.
Timing of reimbursement
38. If you are eligible under this Contract for reimbursement, we will make the reimbursement without undue delay, and not later than 14 days after we have received notice of your cancellation of Contract.
39. After reimbursement, the Contract shall be considered cancelled and any affected Electronic Media shall be removed from your account.
40. For the purposes of these Cancellation Rights, these words have the following meanings:
a. *distance contract* means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. *sales contract* means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
41. We have a legal duty to supply the Goods in conformity with the Contract, and will have not conformed if it does not meet the following obligation.
42. Upon delivery, the Goods will:
a. be of satisfactory quality, that is to say the Goods are functional and can be used in their intended manner, i.e. on a compatible eReader, Tablet device or Personal Computer;
b. be reasonably for for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
43. It is not a failure to conform if the failure has its origin in your materials.
Circumstances Beyond the Control of Either Party
44. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party’s obligations will be suspended so far as is reasonable, provided that the party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.
45. Your privacy is critical o us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
47. For the purposes of these Terms and Conditions:
a. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
b. ‘GDPR’ means the UK General Data Protection Regulation.
c. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
48. We are a Data Controller of the Personal Data we Process in providing Goods to you.
49. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
50. For any enquiries or complaints regarding data privacy, you can email: firstname.lastname@example.org
51. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing Law, Jurisdiction and Complaints
52. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
53. Disputes can be submitted to the jurisdiction of the courts of England and Wales, or where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
54. We try to avoid any disputes, so we deal with complaints in the following way:
If a dispute occurs, Customers should contact us to find a solution. We aim to response with an appropriate solution within 5 days.
55. This Contract is your proof of license to exercise the rights granted herein. You shall not give, sell, rent, lease, sublience or otherwise transfer any purchased Electronic Media on a temporary or permanent basis without the consent of the Supplier.
56. User assumes complete responsibility for all hardware used in conjunction with Electronic Media. The Supplier shall not be responsible in any way for the non-performance or malfunction of any hardware used in conjunction with the Content, nor for any damages whatsoever arising out of the use of the Website, any Electronic Media or any hardware, including any damages resulting from computer viruses.
Disclaimer of Warranties
57. Your use of the Website and Goods (Electronic Media) are at your sole risk unless otherwise explicitly stated. The Website, including the information and content, are provided on an ‘as is’ basis. We disclaim all express or implied conditions, representations, warranties or guarantees as to the usefulness, quality, suitability or completeness of any kind not covered by this document.
58. We make no warranty either express or implied that access to the Website or Content will be uninterrupted, timely or error-free.
Should you gave any questions regarding any of the provisions of this Contract, please email: email@example.com
Attribution: This contract was created in part using a document from Rocket Lawyer.