Terms & Conditions of Sale
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Terms & Conditions of Sale 1 GENERAL 1.1 These terms and conditions form the entire agreement between Human Values Foundation ("HVF") and you the customer ("the Customer"). Where a prior written agreement exists between HVF and the Customer, with respect to the Goods, the provisions of that agreement shall in all cases prevail over these terms and conditions. 1.2 Orders for hardcopy are accepted by HVF subject to availability of stock and HVF reserves the right to deliver the Goods in two or more instalments. Time of delivery shall not be of the essence of this agreement. 1.3 HVF reserves the right to withhold further supplies of hardcopy or electronic copy in the event of any breach of any of these terms and conditions or for any other reason which HVFconsiders warrants such action. 1.4 HVF shall not be liable in any way for any loss of trade or profit occurring to the Customer in the event of delivery of the Goods being delayed or prevented by reason of fire, flood, accidents, strikes, lockouts, trade disputes, acts or restraints of governments, the imposing of restrictions on exports or from any other cause. 1.5 Materials electronic or hardcopy can be purchased only on the condition that copyright and source indications are retained and no modifications are made. However, some materials and photographs have been published with the permission of the relevant copyright owners (who are not the Human Values Foundation). All rights are reserved on these materials and permission to copy them must be requested from the copyright owners (the sources are indicated within the materials). 1.6 HVF retains ownership of the copyright or other licenses in the supplied goods. The Customer agrees not to allow any other party to: resell, redistribute, sublicense, assign, delegate, or otherwise transfer this Agreement, the Content, any part thereof, or any related rights or obligations hereunder, to any third party. 1.7 If on any occasion either party agrees to take no action against the other even after the other has failed to comply with these Conditions, that party should not assume that the other will do the same on another occasion. 1.8 If it becomes necessary for a court to enforce these Conditions and any one of these Conditions is found to be invalid or unenforceable this will not affect the remainder of the agreement between us. 1.9 Subject to our obligation to supply Products at the price stated in accepted orders, we reserve the right to increase the list prices of the Products at any time. 1.10 These terms and conditions are subject to the laws of England and Wales. 2 PAYMENT TERMS 2.1 The price payable by the Customer for the Goods and any delivery costs will be calculated in pounds sterling and totalled when the ordering process is completed. 2.2 Unless otherwise agreed in writing by HVF, the Customer will be required to make payment with order by credit / debit card through HVF’s on-line payment provider. 2.3 If the Customer fails to make payment after HVF receives the order and before delivery is completed or the Customer orders more Products from HVF, HVF may withhold any deliveries to the Customer until all sums owed have been paid. 2.4 HVF reserves the right to charge interest on overdue payments at the rate of 1% above the base lending rate of Lloyds Bank plc from time to time and to recover from the Customer all expenses (including legal costs) incurred by HVF in obtaining payment on overdue accounts. 3 DELIVERY 3.1 Where content is purchased in digital format and has been downloaded from the Human Values Foundation website then the delivery is deemed to have been completed. 3.2 Where hardcopies of products have been ordered then 'delivery' shall, unless otherwise agreed in writing, mean delivery of Goods to the business address of a Customer or the Customer's agent as stated on the order or to a carrier designated by the Customer. 3.3 Unless otherwise indicated on the order or agreed in writing between HVF and the Customer: (a) delivery shall be at the cost and risk of the Customer; and (b) any duties or taxes applied when importing the products shall be the responsibility of the Customer. 3.4 Risk in the Goods shall, unless otherwise agreed in writing, pass to the Customer upon delivery. 4 TERMS OF SUPPLY 4.1 All Goods, unless otherwise agreed in writing by HVF, are supplied on a firm sale basis. Returns will not be accepted other than as agreed in accordance with HVF's Returns Policy from time to time in force. 4.2 Claims for loss or damage in transit: (a) Where Goods are dispatched by HVF to an address for delivery in the UK or Eire, claims for damage or partial delivery must be notified to HVF by the Customer within 7 days of delivery and claims for complete loss of consignment must be notified within 14 days of the date of the statement of account for the period in which the Invoice was raised. Otherwise liability will not be accepted. (b) Where Goods are dispatched by HVF to an address for delivery not in the UK or Eire, claims for damage or partial delivery must be notified to HVF by the Customer within 28 days from receipt of the consignment by the Customer or the Customer's agent and claims for complete loss of consignment within 21 days of the statement of account for the period in which the Invoice was raised. Otherwise liability will not be accepted. (c) Where Goods are dispatched other than by HVF, the notification and acceptance of claims are subject to HVF's Insurance Claims procedure from time to time in force. |