Terms and Conditions for use of the Miles Kelly Publishing Website
In these Terms and Conditions “we, our, us” refers to “Miles Kelly Publishing”.
ACCEPTANCE OF TERMS
You agree that you shall not use the Website for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the website in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Website. You also agree not to compromise the security of the Website or attempt to gain access to secured areas or sensitive information.
You agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us arising from any infringement of the terms and conditions set out in this agreement.
Miles Kelly Publishing reserve the right to change any part of this agreement without notice and your use of the Website will be deemed as acceptance of this agreement. We advise users to regularly check the Terms and Conditions of this agreement.
Miles Kelly Publishing have complete discretion to modify or remove any part of this site without warning or liability arising from such action.
LIMITATION OF LIABILITY
Miles Kelly Publishing will under no circumstance be liable for indirect, special, or consequential damages including any loss of business, revenue, profits, or data in relation to your use of the Website.
Nothing within this Agreement will operate to exclude any liability for death or personal injury arising as result of the negligence of Miles Kelly Publishing, it’s employees or agents.
All intellectual property of Miles Kelly Publishing such as trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the Website remain the property of Miles Kelly Publishing.
By using the Website you agree to respect the intellectual property rights of Miles Kelly Publishing and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the Website.
The information is provided on the understanding that the website is not engaged in rendering advice and should not be wholly relied upon when making any related decision.
The information contained within the Website is provided on an “as is” basis with no warranties expressed or otherwise implied relating to the accuracy, fitness for purpose, compatibility or security of any components of the Website.
We do not guarantee uninterrupted availability of the www.mileskelly.net Website and cannot provide any representation that using the Website will be error free.
The Website may contain hyperlinks to websites operated by other parties. We do not control such websites and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.
GOVERNING LAW AND JURISDICTION
This Agreement will be governed by the laws of England and any user of the Website hereby agrees to be bound exclusively by the jurisdiction of English courts without reference to rules governing choice of laws.
MILES KELLY PUBLISHING LIMITED ONLINE TERMS OF SALE
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER.
1. THE CONTRACT
1.1 These terms of sale apply to goods supplied by Miles Kelly Publishing Limited, registered in England and Wales number 1124359, registered office Harding’s Barn, Bardfield End Green, Thaxted, Essex, CM63PX, UK.
1.2 No contract exists between you and Miles Kelly Publishing for the sale of any goods until Miles Kelly Publishing has received and accepted your order and sends you confirmation by writing or email to the address or email address you have given. Once Miles Kelly Publishing does so, there is a binding legal contract between us.
1.3 The contract is subject to your right of cancellation if you are a consumer (see 5.1 below).
2. DESCRIPTIONS, AND PRICE OF THE GOODS
2.1 All goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, Miles Kelly Publishing will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.2 The description and price of the goods you order will be as shown in Miles Kelly Publishing’s current catalogue or on its website at the time you place your order.
2.3 Every effort will be made to ensure that prices shown in Miles Kelly Publishing’s current catalogue or shown on its website are correct at the time you place your order. If an error is found prior to dispatch of the goods, Miles Kelly Publishing will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, Miles Kelly Publishing will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.4 In addition to the price, you will be required to pay a delivery charge for the goods.
2.5 The price of the goods and delivery charges are inclusive of VAT, where applicable, as shown on Miles Kelly Publishing’s website.
2.6 Where the goods are supplied for export from the United Kingdom, you will be liable for shipping and insurance charges as agreed with Miles Kelly Publishing, and responsible for complying with any legislation or regulations governing the importation of the goods into the country of destination and for the payment of any duties on them.
3.1 Payment for the goods and delivery charges can be made by any method shown on Miles Kelly Publishing’s website at the time you place your order.
4.1 The goods you order will be delivered to the address you give when you place your order.
4.2 If delivery cannot be made to your address, Miles Kelly Publishing will inform you where possible, and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.
4.3 If there is no one at the address given to accept delivery of the goods, you will be notified by the delivery service of an alternative delivery date or a place to collect the goods.
4.4 Every effort will be made to deliver the goods as soon as possible after your order has been accepted, and in any event within 30 days of your order. If Miles Kelly Publishing is unable to deliver the goods within 40 days of your order, Miles Kelly Publishing will inform you as soon as possible and you will be entitled to cancel the order and obtain a refund or re-credit for any sum that has been paid by you or debited from your credit card for the goods. Miles Kelly Publishing will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.
4.5 You will become the owner of the goods you ordered and responsible for risk of loss or damage to them once they have been delivered to you.
5. YOUR RIGHT OF CANCELLATION
5.1 If you are a consumer, you have the right to cancel the contract at any time up to the end of fourteen calendar days after you receive the goods.
5.2 To exercise your right of cancellation, you must give written notice to Miles Kelly Publishing by hand or post, fax or email, at the address, fax number or email address shown below, giving order number, details of the goods ordered and (where appropriate) their delivery.
5.3 If you exercise your right of cancellation after the goods have been delivered to you, you must return the goods to Miles Kelly Publishing at your own cost, in unused and re-saleable condition. The goods must be returned to the address of our distributor shown below. You must take reasonable care to ensure the goods are not damaged whilst in your possession or in transit.
5.4 Once you have notified Miles Kelly Publishing that you are cancelling the contract, Miles Kelly Publishing will refund or re-credit you within 60 days of the receipt of the returned goods for any sum that has been paid by you or debited from your credit card for the goods.
6. WARRANTY AND LIABILITY
6.1 All goods supplied by Miles Kelly Publishing are warranted free from defects in workmanship or materials. This warranty does not affect your statutory rights as a consumer.
6.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party.
6.3 If the goods supplied to you develop a defect, or you have any other complaint about the goods, you should contact Miles Kelly Publishing by phone, or notify Miles Kelly Publishing by post, fax or email, as shown below.
7. DATA PROTECTION
7.1 Miles Kelly Publishing will take all reasonable precautions to keep the details of your order and payment secure, but unless Miles Kelly Publishing is negligent, Miles Kelly Publishing will not be liable for unauthorised access to information supplied by you.
7.2 Miles Kelly Publishing will only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise. You can correct any information about you, or ask for information about you to be deleted, by giving written notice to Miles Kelly Publishing at the address, fax number or email address shown below.
8.1 Miles Kelly Publishing may change these terms of sale without notice to you in relation to future sales.
8.2 These terms of sale and the supply of the goods will be subject to English law, and the English courts (or those of any other part of the United Kingdom in which you reside) will have jurisdiction in respect of any dispute arising from the contract.
Trade Counter Distribution Ltd
Mendlesham Industrial Estate
Suffolk IP14 5NA