Terms and Conditions
1. Introduction 2. Definitions and Interpretation 3. This Document 4. Information about the website 5. The Contract Between Us 6. Withdrawal By You From The Contract 7. Copyright Notice 8. Trade Marks 9. Governing Law 10. Liability 11. Disclaimer 12. Entire Agreement 13. Severability 14. Amendments 15. Waiver 16. Children 17. Delivery of Goods to You 18. Customs 19. Discount Offers 20. Complaints 21. Force Majeure 22. Links 23. Privacy 24. Electronic Communications
1.2 This document was last updated on 1st November 2017
2. DEFINITIONS AND INTERPRETATION
2.1 In this document
the “Website” means www.jslandor.com
the “Terms and Conditions” means the conditions of use and the conditions of sale set out in this document.
“Animus” means Animus Books Ltd., which is a limited company registered in England and Wales under the name Animus Books Ltd and Company Number 08750498, with its Registered Office situated at 10-16 Tiller Road, Docklands, London, E14 8PX.
“you” and “your” means the person using the Website or ordering goods under these Terms and Conditions
“us” means Animus and you together
“we” means Animus
an “Acknowledgement” means a notificatiion to you that your order has been received by Animus
the “Payment Gateway” means a merchant service provided by an e-commerce application service provider that authorises credit card or direct payments processing for e-businesses and online retailers. At the present time to facilitate the transfer of your remittance for your order, Animus have arranged with PayPal (Europe) S.Ã r.l. et Cie, S.C.A. a company with a registered office at 22-24 Boulevard Royal L-2449, Luxembourg RCS Luxembourg B 118 349 to provide this service as the Payment Gateway.
the “Privacy and Cookies Policy” means the Animus policy recorded on another page on the Website located here.
2.2 The interpretation of general words shall not be restricted by words indicating a particular class or particular examples.
2.3 With the exception of heading ‘Operative Provisions’, the headings in this document are for ease of reference only and are to be ignored when interpreting these Operative Provisions.
2.4 Words in the singular mean and include the plural and vice versa.
2.5 Words in the masculine mean and include the feminine and vice versa
2.6 Expressions beginning with a capital letter usually have a specific meaning that is defined in this document.
3. THIS DOCUMENT
4. INFORMATION ABOUT THE WEBSITE
4.1 www.jslandor.com is a Website owned and operated by Animus, whose registration details are as noted above. Please note that the registered office address shown above is not a correspondence address and we would ask you to contact us in the first instance via our email form here.
4.2 In using the Website as a resource, you understand and agree that Animus does not warranty the accuracy of any of the published information on the Website and that you should seek appropriate professional advice before taking any action based on any information held on the Website.
5. THE CONTRACT BETWEEN US
5.1 Any contract for purchases made through the Website will be with Animus. Your order is an offer to Animus to buy the product(s) described in your order. For transactions carried out on the Website Animus must receive payment of the whole of the price for the goods that you order including, but not limited to, costs of carriage and delivery before your order can be accepted and the contract formed. Once payment has been received Animus will confirm that your order has been received in an Acknowledgement sent by email to you at the email billing address you provide in the transaction form and you will also receive an email from the from the Payment Gateway confirming the debit to your account. An advice of despatch email will be sent when the ordered item(s) are despatched and will include your name, the order number and the total price. This advice of despatch will confirm that Animus has accepted your order and represent that acceptance. The acceptance of your order by Animus brings into existence a legally binding contract between us on the Terms and Conditions set out in this document. Any term sought to be imposed by you in your order will not form part of the contract.
5.2 Please note that the order Acknowledgement does not constitute our acceptance of your order. Subject to our cancellation rights, acceptance of your order and the forming and completion of the contract will take place when we despatch the goods to you.
5.3 Animus may withdraw from any contract in the event of errors or inaccuracies regarding the products adverised on the Website. If an error or inaccuracy concerns the advertised price of the goods that you have ordered, Animus will contact you as soon as possible by email to inform you of the correct price of the goods, and to ask you if you wish to continue with the order at the amended price, or to cancel the order altogether.
5.4 You agree to receive Acknowledgements, advice of despatch and sales invoices electronically and these will be sent to the email billing address which you provide in the transaction form.
6. WITHDRAWAL BY YOU FROM THE CONTRACT
6.1 If you are an individual and are not buying goods on behalf of a business, there are certain circumstances in which you may withdraw from the contract and these are set out here. This right to withdraw does not apply to business buyers.
6.2 You may withdraw your order for goods at any time up to the end of the twenty first working day after you have received the goods. You do not need to provide any reason to Animus for withdrawing your order nor will you have to pay any penalty. The only circumstance in which you cannot withdraw your order is where you have broken the seal on the sealed package in which your ordered goods were delivered or taken the goods you have ordered out of the sealed package . To withdraw your order you must notify Animus in writing via our email form here and, in response, Animus will provide a return authorisation number together with the return address for mailing.
6.3 If you have received the goods before you withdraw your order then, unless you have lost your right to withdraw as described in clause 6.2 above, you must send the goods back to the Animus return address at your own cost and risk, unless the goods were supplied faulty or damaged. If you withdraw your order but Animus has already processed the goods for delivery and you have received them, you must not unpack the goods when they are received by you and you must send the goods back to Animus at the return address provided by Animus at your own cost and risk as soon as possible. Once you have notified Animus that you are withdrawing your order, any sum debited to Animus from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order.
7. COPYRIGHT NOTICE
7.1 All design, text, graphics and the selection or arrangement thereof on the Website are the copyright of Animus, or of other copyright owners including, but not limited to, ©2017 J S Landor who owns the copyright to all text, content and media and ©2017 Amanda Pike who owns the copyright to all illustrations . Permission is granted to electronically copy and print in hard copy portions of this site for the sole purpose of placing an order with Animus, or using this site as a shopping resource. Any other use of materials on this site including, but not limited to, reproduction for purposes other than those noted above and modification, distribution, or republication without the prior written permission of Animus is strictly prohibited.
8. TRADE MARKS
8.1 Animus and the Animus logo representing the Greek character alpha are the copyright property belonging to Animus. All other trade marks, product names and company names or logos used in this site are the property of their respective owners. No permission is given by Animus in respect of the use of its or any such other trade marks, product names, titles or logos and such use may constitute an infringement of the holder’s rights.
9. GOVERNING LAW
9.1 The contract between us shall be governed by and interpreted in accordance with English law, and the English courts shall have jurisdiction to resolve any disputes between us.
10.1 Your acceptance of these Terms and Conditions represent an agreement between Animus and you as the only parties to the agreement and nothing in this agreement creates any right which is enforceable by any person who is not a party to the agreement.
10.2 Animus will not be responsible for any losses resulting from your use of the Website or any contract between you and Animus, including, but not limited to any consequential loss and any loss including loss of profits, income, revenue, business, contracts, anticipated savings, data, goodwill or wasted expenditure and all consequential losses except those which cannot be excluded or limited under applicable law.
10.3 If the goods Animus delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, Animus shall have no liability to you unless you notify Animus of the problem, in writing using our email form here within 10 working days of the delivery of goods in question.
10.4 If you do not receive goods ordered by you within 30 days of the date on which they were despatched to you, Animus shall have no liability to you unless you notify Animus in writing at our email form here of the problem within 40 days of the date on which the goods were despatched to you.
10.5 If there is any problem notified to Animus in respect of this clause, Animus has only the obligation, at its option, to make good any shortage or non-delivery; to replace or repair any goods that are damaged or defective; or to refund to you the amount paid by you for the goods in question to the original method of payment, unless such method is no longer valid in which case an Animus credit will be issued to the value of the refund due.
10.6 Animus will use all its endeavours to ensure that the facilities and information offered in the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed by Animus. Additionally, Animus occasionally may be required to suspend or restrict access to the Website to permit maintenance activities and every attempt will be made to limit the frequency and duration of any such interruption.
11.1 Animus offers use of the Website and its contents on an ‘as is’ basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties, whether express or implied, to the fullest extent permitted by applicable law. Additionally, Animus makes no representations or warranties about the accuracy, completeness or suitability for any particular purpose of the information, media, illustrations and all content published on the Website or that any connections you may make to the Website are free of viruses or other harmful components.
11.2 It is understood and agreed that there is no legal connection between Animus and the Payment Gateway other than that of a customer (Animus) and supplier (Paypal). Your use of the Payment Gateway is subject to terms and conditions you agree with the Payment Gateway in utilising their services and Animus are not party to that agreement neither do they warrant the satisfactory performance of the Payment Gateway
12. ENTIRE AGREEMENT
12.1 It is understood and agreed by you that there is no representation, warranty, collateral agreement or condition affecting these Terms and Conditions except as expressly provided in these Terms and Conditions.
13.1 In the event that any of the provisions of these Terms and Conditions are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of these Terms and Conditions.
14.1 Animus reserves the right to make changes to any Animus Website, Services, Policies, Terms and Conditions including these Terms and Conditions at any time. You will be subject to the Terms and Conditions in force at the time that you use the content and features of the Website or make any purchases via the Website.
14.2 These Terms and Conditions shall not be amended in any way for any transaction or use of the Website except by a written amendment executed by Animus.
15.1 If you breach these Terms and Conditions and Animus takes no action, Animus will still be entitled to the action of legal rights and remedies in any other situation where you breach these Terms and Conditions.
16.1 Animus does not sell products for purchase by children. Animus sells products suitable for children for purchase by adults. If you are under 18 you may use the Website and associated content and features only with the involvement of a parent or guardian or other individual acting in loco parentis.
17. DELIVERY OF GOODS TO YOU
17.1 Animus will post, or arrange carriage on your behalf, for the goods ordered by you to be delivered to the shipping address provided by you at the time you make your order. The costs of of this service will be charged extra to the cost of the ordered goods.
17.2 Delivery will be made as soon as possible after receipt of your order is acknowledged. All delivery times quoted on the Website are estimates only, based on product availability, normal order processing and the promises made by delivery companies.
17.3 For orders made on a prepaid basis on the Website, you will become the owner of the goods you have ordered when the goods are despatched to you from Animus. For clarity this does not apply to business users who have an account with Animus for whom ownership of the ordered items only occurs after bank confirmation of their remttance against their order.
17.4 For customers ordering on the Website, in the event that a delivery delay might be in excess of 30 days, Animus will advise you of the probable delivery in which case you may exercise your rights set out in the above clause 6. This condition does not apply to orders placed by business users.
18.1 When ordering goods from Animus for delivery outside of the United Kingdom you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. You as the consignee (the person to whom the consignment is sent) are considered by the Customs Authorities to be the declarant and importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. The collection procedure and any additional charges for customs clearance, import duties and any other incidentals must be borne by you. Animus have no control over these charges and since Customs policies vary widely from country to country, you should contact your local customs office for further information.
19. DISCOUNT OFFERS
19.1 Occasionally Animus may offer a discount which applies to the list price of the ordered item(s) only and does not apply to any extra cost including, but not limited to, carriage, postage and packaging. These discounts can only be used once per person with one discount to be used per transaction and may be subject to particular terms and conditions in addition to these Terms and Conditions. Any discounts offered can only be used at time of purchase and not retrospectively. Animus reserve the right to withdraw a discount at any time.
20.1 If you have any complaints concerning the service available on the Website, we would ask you, in the first instance, to contact Animus via the web form on the ‘Contact Us’ page here.
21. FORCE MAJEURE
21.1 Animus shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.
22.1 The Website contains hyperlinks and these hyperlinks may connect you to sites of other organisations which are not our responsibility. We have used our reasonable endeavours to try and ensure that the Website contains correct and useful information. However, we have no control over any of the information you may access as a result of our hyperlinks to other websites. Therefore, any mention of any organisation, company or individual to which our website is linked shall not imply any approval or warranty by Animus as to the standing and capability of any such organisations, company or individual.
24. ELECTRONIC COMMUNICATIONS
24.1 Electronic Communications are the use of e-mails, text messages, and other communication methods using Internet Service Providers or Mobile Phone Network Providers which are sent from a computer, notebook or mobile device from you to Animus or vice versa. For the purposes of the contract beween us, you understand and agree to receive Electronic Communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.