TERMS AND CONDITIONS
This web site (http://www.millsarchivetrust.org/) and its sub-domains (eg http://shop.millsarchivetrust.org/) are owned by the Mills Archive Trust (referred to herein as "MAT" or "we" a Registered Charity (no 1091534) whose premises are at Watlington House, 44 Watlington St, Reading, RG1 4RJ, United Kingdom.
This agreement applies between you as the user of this web site and MAT. 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 site immediately.
1. Items, Pricing and Availability
1.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of items available from MAT correspond to the actual items, we are not responsible for any variations from these descriptions. In particular all items are sold on the understanding that they may show evidence of previous ownership.
1.2 MAT does not represent or warrant that items will be available as we cannot take into account sales that have taken place during your visit to the web site. If an item that is ordered has already been sold, we will make every effort to find a satisfactory replacement in as short a time as possible and keep you informed of progress. If we cannot fill the order within 14 days we will offer you a full refund and an opportunity to be placed on a waiting list for that item.
1.3 All pricing information on the web site is correct at the time of going online. MAT reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
1.4 If prices are changed during the period between an order being placed and MAT processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price.
1.5 MAT is not VAT registered.
2. Delivery
2.1 MAT will notify you by email when your items are to be dispatched to you.
2.2 If MAT receives no communication from you, within 10 days of delivery, regarding any problems with the items, you are deemed to have received the items in satisfactory condition and with no problems.
3. Returns Policy
3.1 We are anxious to ensure that your purchases meet your expectations, so we are happy to accept returns and offer replacements or full refunds in the situations listed below. In each instance you should contact us within 10 days to arrange collection and return. You will be given the option to have the items replaced or to receive a refund of the price you paid through the payment method you used when placing the order. Refunds or replacements will be issued when we receive the returned items, which must be returned in their original condition with all packaging and documentation.
3.1.1 Items which do not match those that you ordered, or have major faults not described on the web site.
3.1.2 Items damaged in transit (you should report such damage to MAT immediately).
3.1.3 Items bought in error can only be returned if their packaging remains unopened and the items can be re-sold without additional work on the part of MAT. In this instance you are responsible for paying shipment costs in both directions.
3.3 We reserve 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:
3.3.1 Any use or enjoyment that you may have already had out of the Items;
3.3.2 Any characteristics of the items which may cause them to lose value
3.3.3 The fact that the Items that the packaging has been opened;
3.3.4 Any discounts that may have formed part of the purchase price of the items to reflect any lack of quality made known to the customers at the time of purchase.
4. Privacy
Use of the web site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. See
http://shop.millsarchivetrust.org/help.php?section=business
5. 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.
6. International Customers
If items are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your items reach their destination. We are 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 items, 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 items are being imported. Please be aware that items may be inspected on arrival at port for customs purposes and we cannot guarantee that the packaging of your items will be free of signs of tampering.
7. Intellectual Property
Subject to the exceptions in Clause 8 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 MAT or other relevant third parties. By continuing to use the web site you acknowledge that such material is protected by applicable UK and international intellectual property and other laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the web site unless otherwise indicated on the site or without our express written permission.
8. Third Party Intellectual Property
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. 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.
9. Web Site Links
9.1 This web site contains links to other sites. Unless expressly stated, these sites are not under our control. 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 site does not imply any endorsement of the sites themselves or of those in control of them.
9.2 If you wish to place a link to this web site on other sites, you may do so, but only to the home page of this site http://www.millsarchivetrust.org/ without prior permission. Deep linking to specific pages within this site requires our express permission.
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 language
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 MAT
10.1.7 You must not use our system for unauthorised mass-communication such as Spam or Junk mail?
10.2 You acknowledge that we reserve the right to monitor any and all communications made to us or using our system.
11. Accounts
11.1 In order to purchase items on this Web site and to use the forums, notice boards or similar facilities 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 If required, you have permission to submit payment information
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. We accept no liability for any loss or damage 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 MAT 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, MAT accepts no liability or responsibility and you should make contact with the designated carrier.
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 MAT or you may terminate your account. If we terminate your account, you will be notified by email and an explanation for the termination will be provided, although we reserve the right to terminate without giving reasons.
12.2 If we terminate your account, any current or pending purchases on your account will be cancelled and will not be dispatched.
12.3 MAT 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. Disclaimers
13.1 MAT 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.
13.2 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.
13.3 Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur when we send you an email indicating that your order has been fulfilled and dispatched.
14. Changes to the Service and these Terms and Conditions
MAT 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 site following the changes. If MAT is required to make any changes to Terms and Conditions relating to sale of items by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
15. 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.
16. Limitation of Liability
16.1 To the maximum extent permitted by law, MAT 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.
16.2 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.
16.3 MAT 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.
17. 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.
18. 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.
19. Law and Jurisdiction
These Terms and Conditions and the relationship between you and MAT shall be governed by and construed in accordance with the Law of England and Wales and MAT and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
20. Definitions and Interpretation
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Account
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means collectively the personal information, payment information and credentials you use to access the content and system on this web site
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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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Service
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means collectively any online facilities, tools, services or information that we make 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 items from this web site.
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System
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means any communications infrastructure that we make 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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Terms & Conditions
