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Terms & Conditions

Terms & Conditions

Important - this is a legal agreement between Mark Dickens (“MD”) and you, the customer (“You/Your”) of MD.

Important - this is a legal agreement between Mark Dickens (“MD”) and you, the customer (“You/Your”) of MD.

Your use of this Website and purchase of the Products is subject to these legally binding terms and conditions. Please read them carefully before proceeding with entering the Website. By accessing or using the website, you are deemed to have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. 

If you do not agree to these terms, you may not access or otherwise use this Website. From time to time, MD may modify this agreement. Accordingly, please continue to review this agreement whenever accessing or using the Website or before placing an order. 

DEFINITIONS

"Agreement" means the terms and conditions that apply to the use of the website which may be amended from time to time.

"MD”/We/Us means Mark Dickens

"Product" means the Product that is specified on the online Order form as the product You wish to purchase pursuant to the Terms and Conditions Agreement.

"Purchase of Goods" means the purchase of Product that is specified on the online Order form.

"Website" means internet website with the URL www.mark-dickens.com

"Customer" means the user of the Website (and "You/Your" has the corresponding meaning).

"Order" means the online order form to be completed by You in relation to Your purchase of the Product.

“Taxes” means sales, use, value added ("VAT"), goods and services ("GST") or similar taxes or withholding taxes or any customs, duties or tariffs.

GOVERNING LAW AND CONTRACT FORMATION

(1)   No contract will subsist between you and MD unless and until MD accepts your order by e-mail or in writing confirming that it has dispatched your goods ordered ("Goods").   That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time MD sends the e-mail to you (whether or not you receive that e-mail) or otherwise when the written confirmation is posted to you.   For the avoidance of doubt, any such contract between you and MD will be deemed to have been concluded in England and Wales. Further, any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of England and Wales, and you and MD irrevocably submit to the non-exclusive jurisdiction of the English Courts.

 

PURCHASING PRODUCTS FROM THIS WEBSITE

 

(2)  Any contract for the purchase of goods on this Website shall be concluded between you and MD.

(3)  In order to make a purchase through the Site, you will be invited to create an account ("Account") by completing our registration process.  During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process you will become a "Member." You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. MD reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorised such activities or actions. You will immediately notify MD of any unauthorized use of your Account.

(4)  The sale of goods is intended solely for persons who are 18 or older. Any purchase from the Website by anyone under 18 is expressly prohibited. By accessing or using the Website, you represent and warrant that you are 18 or older.

(5)  What Credit Cards do we Accept?  We accept Visa and Mastercard

(6)  For help or if you need any further information please call our customer services line (07951165448) or international (+44 7951165448), or e-mail our customer services team (info@mark-dickens.com) with your query.

(7)  All transactions will be conducted in GPB.  The website allows you to view the purchase price in AUD, USD and EUR.  This is indicative only.  Exchange rates at the time of purchase are dictated by Barclaycard.  You may be charged a fee for using foreign currency credit cards/charge cards.  Your bank will be able to provide you with further details. 

(8)  At Check Out you will be transferred to the secure BarclayCard processing site for safe and secure entry of credit card details.  MD do not retain, record or hold your credit card details on its server. 

(9)  The Shopping Basket can be viewed at any time and does not commit you to ordering.

 

 

DELIVERY CHARGES & TAXES

 

(10)  Delivery charges vary per item and shipping destination. You can find out our current delivery charges by visiting Delivery Information of this Website. Delivery charges are itemised separately in your shopping basket and are included in the total value of your shopping basket.

(11)  VAT Policy:  All prices shown are exclusive of VAT.  When UK orders are processed, VAT is calculated at the current rate applicable in the United Kingdom. 

(12)  All prices, commissions, fees and other amounts referred to in this agreement including any prices, commissions and fees set forth on the Website, are stated in GBP and do not include any sales, use, value added ("VAT"), goods and services ("GST") or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase transaction collectively referred to as (“Taxes”)

(13)  As a purchaser of the goods, you acknowledge that MD will add Taxes to the amounts charged, as a separate charge, when required or when allowed to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimise or to qualify for an exemption from any such obligations

 

OWNERSHIP OF GOODS

 

(14)  Ownership of goods does not pass to you or any other person until the goods are paid for in full.

 

Delivery

(15)  For most orders from within the UK you should normally receive the goods within 14-28 days. Overseas orders may take longer. We make every effort to deliver goods within the estimated time, however delays are occasionally inevitable, and we will not be liable for any loss caused to you by late delivery. If the rare circumstance arises whereby we are unable to deliver within our usual delivery time, and cannot agree another time with you, you will be offered the opportunity to cancel your order and get a full refund. 

RETURNS & CANCELLATIONS

We believe that you will be 100% satisfied with the Goods ordered, but occasionally you may need to return an item. Our returns and cancellation policy is as follows:

(16)  Where you are a consumer under the United Kingdom's Consumer Protection (Distance Selling) Regulations 2000, you have the right to cancel the contract for the purchase of any item within seven working days of delivery. This applies to all goods sold on this Website. 

(17)  To cancel this contract, please contact us by e-mail or phone before returning any Goods, so we can give you a specific returns number. Once you receive this from us, fill out the proof of delivery form that accompanies your Goods, giving the reason for the return as "Contract cancellation". Please package the relevant Goods securely and return them to us with the delivery slip so that we receive them within seven working days of the date that the Goods were delivered to you. 

(18)  Please note that you will be responsible for the cost of returning the Goods to us unless we delivered the Goods to you in error or the Goods are faulty. If we do not receive the Goods back from you with the proof of delivery form, we may arrange for collection of the Goods from your residence at your cost. You will be responsible for the Goods until they reach us, and we suggest you use a secure delivery method (which requires a signature upon delivery)  

(19)  Refunds are made within a week of an order being cancelled and the Goods having been returned to us along with the original receipt. 

(20)  MD reserves the right to cancel any order for goods placed via the Website if MD determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Website.   If MD cancels an order placed via the Website, MD will send you an email confirmation of such cancellation and refund any money paid via your credit card for the order.

COPYRIGHT & INTELLECTUAL PROPERTY (INCLUDING INTELLECTUAL PROPERTY IN THE GOODS SOLD)

(21)  MD either owns or is licensed to use the copyright in the data, table, graphic, editorial or other content of its Website pages and in the data appearing on its Websites unless another copyright holder is credited on the relevant Website page.

(22)  We appreciate that our material may help to back-up your own research or to augment your organisation's promotional activities. You may use the owned material on this Website for non-commercial use provided you do all of the following:

(23)  act within the copyright laws of England and Wales, or of the territory in which the material was originally published;

 

(24)  publish the material without any adjustment which would alter its meaning or bring , its personnel, representatives, agents, clients or the subject of the material or any other person or entity into disrepute;

 

(25)  meet the requirements of current Human Rights legislation and Data Protection Law within Europe (which rights may extend to individuals and entities resident outside the European Economic Area);

(26)  publish a credit to a specific and relevant publication or website, and to any individual named author, at the foot of the re-used material; and, if reproduced on a website, include a URL link to the original article or the point of entry to that website page or to the publication's website page as agreed in advance in writing with MD.

 

(27)  All goodwill associated with your use of MD trade names or marks shall inure solely to the benefit of MD and you shall not assert any claim or ownership to any trade names or marks or to the goodwill or reputation thereof. All other trade marks, brand names, products and company names all of which are cited on this Website are the trade marks and/or property of their respective owners.

(28)  If you are unsure of the legality of your re-use of material published on Websites owned or managed by MD you should contact MD.

(29)  MD relies on representations and undertakings made by its suppliers that no third party intellectual property rights (including moral rights) in and to the Goods sold on this Website will be infringed by the sale by MD of the Goods to you the customer anywhere in the world. MD gives no representation, warranty nor undertaking that the sale of the Goods on this Website does not breach third party intellectual property rights. MD disclaims, to the fullest extent permitted under law, any loss, liability, cost or expense which you may suffer arising out of or from any such breach of third party intellectual property rights. 

 

USER RESPONSIBILITY

 

(30)  You may not transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, pornographic, profane or otherwise objectionable material or information of any kind including but not limited to transmission constituting or encouraging conduct which would constitute a criminal offence, give rise to civil liability or otherwise violate any national or international law.

(31)  You may not transmit any information, software, e-mail or attachment, which contains in full or in part any Virus, Worm, Trojan Horse or other harmful component.

(32)  You may not restrict or inhibit use of the Websites by any other individual or organisation.

(33)  You may not post, publish, transmit, distribute or otherwise exploit any software information or material obtained through the Website other than for the purposes expressly permitted.

(34)  All individual articles, reports and other elements making up the Website may be copyright works or protected by database rights. You agree to abide by all additional copyright and database right notices or restrictions contained on the Website.

(36)  You agree to notify MD in writing promptly upon becoming aware of any unauthorised access to or use of the Website by any party.

(37)  Other than the licences granted to you under this agreement, you may not copy, reproduce, recompile, decompile, disassemble, reverse-engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, communicate or in any other way exploit any part of the Website and/or the Website's material.

(38)  The Website and all the information contained therein may not be used to construct a database of any kind nor may the Website be stored in its entirety or in any part in databases for access by you or any third party or to distribute any database websites containing all or part of the Website.

(39)  You agree to indemnify, defend and hold harmless MD from and against any claims, actions, demands or other proceedings brought against MD by a third party to the extent that such claim, suit, action or other proceedings is based on or arises in connection with your use of the Website and any breach by you of this agreement. This section survives termination of this agreement for any such reason.

(40)  You accept that MD has the right to change the material, or information of any aspect of the Website at any time at its sole discretion. You further accept that such changes may result in your being unable to access the Website. MD may suspend the Website from time to time to carry out maintenance and to make upgrades.

HYPERLINKS

(41)  Our Hyperlinks:  The Website may include links to third party websites. Such hyperlinks are included to ease the user's path through the Internet. Their inclusion cannot be taken to imply any endorsement or validation by MD of the content of the website referred to. Hyperlinks can become out-of-date and cease to work or they can direct users to a website page whose contents or use have been changed by its owner. MD has no control over, and can therefore accept no responsibility or liability for any losses or penalties that may be incurred or for the accuracy of hyperlinks to third party websites, or the content of such third party websites.

(42)  Your hyperlinks:   You may provide hyperlinks to the Website and pages owned and/or managed by MD with prior written consent from MD. Such hyperlinks may only direct users to the home page of the relevant website, and must display the relevant page in the same form as this Website, without amendment or framing.

DISCLAIMER

(43)  The material and information published on this Website are provided on an "as is" basis without warranty of any kind, either expressed or implied. To the fullest extent permissible at law MD shall not be liable for damages arising out of or in connection with the use of this Website or the information, content, materials or products included on this Website and MD hereby confirms that to the fullest extent permissible at law it does not give any warranty relating to the use of the Website or the products advertised thereon including, without limitation, warranties of merchantability and fitness for a particular purpose. Price and availability information is subject to change without notice. 

(44)  MD does not guarantee the accuracy or integrity of the material or information nor its suitability for any particular purpose. To the extent permitted by law, MD excludes any liability whether in contract, tort (negligence) or otherwise for any incorrect or misleading information on the Website.

(45)  Errors can occur and MD offers no assurance that they will be corrected. No liability will be accepted in respect of service interruptions, nor in the event of any Viruses, Worms, Trojan Horses and other harmful components being present in or transmitted by MD systems and networks.

(46)  MD does not accept any liability for any loss of data or software, revenue, business, profits cost or expense, or any direct, indirect, incidental or consequential loss or damage arising out of or in connection with the use of, or the lack of availability of the Website or its content and/or in connection with any permission, right or licence to use the material given under clause 7.2 or otherwise.

(47)  The limitation of liability provided for under these terms is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Subject to Clause 10.6, in the event that MD is held liable, the total liability of (whether in contract, tort, negligence or otherwise) in respect of any loss or damage arising out of or in connection with the Website shall be limited to £100 for any one incident or series of incidents. This clause does not affect your statutory rights as a consumer. This section survives termination of this agreement for any reason.

(48)  Nothing in this clause “Diisclaimer” shall exclude “MD” liability to you for fraudulent misrepresentation by or the death or personal injury resulting from its negligence or that of its employees.

GENERAL PROVISIONS

(49)  No waiver by MD of any breach of any obligation arising under this agreement shall constitute a waiver of any other breach and no failure to exercise or the partial exercise by MD of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.

(50)  If any provision of this agreement is held by a court of competent jurisdiction to be invalid unlawful or unenforceable for any reason then such part will be severed from the remainder of this agreement, which will continue to be valid and enforceable to the fullest extent permitted by law.

(51)  This agreement constitutes the entire agreement between MD and you. All prior agreements understandings and negotiations and representations (save for fraudulent misrepresentation) whether oral or in writing are cancelled in their entirety. The terms of any other electronic communications will not form part of this agreement.

(52)  This agreement is governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.

Our Details & Address  

Mark Dickens, whose office is at 91-92 Dean Street, London, W1D 3SY, England.

Phone:  +44 (0)7951165448

Email: info@mark-dickens.com