Terms and Conditions – Martin Ebdon Maps

These terms and conditions are the contract between you and Martin Ebdon Maps (“us”, “we”, etc). By using Our Website, you agree to be bound by them. They protect your rights as well as ours. They are based on a template written by Net Lawman and released under licence.

We are: Martin Ebdon Maps. Our address is 226 Trowbridge Road, Bradford on Avon, BA15 1EY, UK.

You are: Anyone who uses Our Website.

Please read this agreement carefully. If you do not agree with it, you should not use Our Website.

Definitions
1. In this agreement:
2. “Our Website” means the website at https://www.martinebdon.co.uk and includes all web pages controlled by us.
3. “Content” means any content in any form published on Our Website by us, or by any third party with our consent.
4. “Goods” means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.

Interpretation
1. In this agreement unless the context otherwise requires:
2. A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organization.
3. These terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
4. Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
5. Any obligation of any person arising from this agreement may be performed by any other person.
6. In this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other reorganization involving that party.
7. The headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
8. A reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
9. In any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
10. These terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
11. This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

Our contract with you
1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
2. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
4. We do not guarantee that Goods advertised on Our Website are available.
5. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
6. The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
7. If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.
8. We may refuse to deliver the Goods if you live in a country we do not serve or which our chosen delivery service does not serve.

Acceptance of your order
1. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Goods to you.
2. If we do not have all of the Goods you order in stock, we may offer you alternatives. If this happens you may:
  1. accept the alternatives we offer, or
  2. cancel all or part of your order.

Price and payment
1. The price payable for the Goods that you order is clearly set out on Our Website.
2. Prices include UK value added tax (VAT) where applicable. Prices of maps and books are not affected because those Goods are zero-rated for VAT. You will be charged the VAT-inclusive price even if you reside outside the United Kingdom.
3. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds sterling will be borne by you.
4. Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
5. The price of the Goods does not include the delivery charge (if applicable) which will be displayed clearly on a page of Our Website before we ask you to pay.
6. If we owe you money (because of an order cancellation or any other reason), we will repay you as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.

Security of your credit card
1. We take care to make Our Website safe for you to use.
2. Our Website uses the TLS/SSL protocol to transmit information securely.
3. We use one or more reputable online payment gateways. We tell you the name of the payment gateway when you make a payment. Card details that you enter in Our Website are processed on the payment gateway’s servers and we do not have access to the information.
4. Our Website complies with the relevant Payment Card Industry Data Security Standards (PCI DSS).

Foreign taxes and duties
1. If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.
2. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

Delivery
1. We try to dispatch Goods to you within 2 working days of the day we receive your payment, but this time cannot be guaranteed.
2. If you pay us by cheque, we dispatch the Goods after the cheque has cleared.
3. We send Goods by post to the address stipulated by you when you place your order.
4. If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by email.

Cancellation and refunds
1. This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.
2. We now inform you that information relating to all aspects of our Goods is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy.
3. The following rules apply to cancellation of your order:
  1. You may cancel your order without giving any reason, at any time up to 14 days after the date you receive the Goods. You must tell us before the end of that 14 day period that you wish to cancel.
  2. You must tell us by email or post that you wish to cancel. You may use the Model Cancellation Form at the end of these Terms and Conditions, or you may tell us in your own words but you must include your name, address and the date on which you ordered or received the Goods.
  3. You must send the Goods back to us within 14 days of telling us that you wish to cancel.
  4. We will refund your money subject to the following conditions:
    1. you comply with the procedure set out in this paragraph;
    2. we receive the Goods in a condition in which we can re-sell them at full price, in new condition.
4. You are responsible for the cost of returning the Goods to us. We have no obligation to refund to you your cost of re-packing and returning the Goods.
5. We will return your money within 14 days of our receiving the returned Goods.

Liability for defects
1. Please examine the Goods received from us immediately you receive them. If you do not tell us of any defect or problem within 30 days of receipt of the Goods, we shall assume that you have accepted them.
2. If you wish to return Goods that are damaged or incorrectly supplied, you must tell us by email or post.
3. We will replace the Goods or refund your money subject to the following conditions:
  1. you send the Goods back to us;
  2. you tell us what the fault is;
  3. you tell us your name, address and the date on which you ordered or received the Goods.
4. If we confirm that the Goods are damaged or incorrectly supplied, then we shall:
  1. replace the Goods, or
  2. refund the full cost you have paid.

Intellectual property
1. We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content (text, maps, graphics, logos, icons, images, documents, videos, audio clips, data, and software).
2. Except as set out below, you must not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, without our express written permission.
3. You must not use our name or logos or trademarks or any other Content without our express written permission.
4. You must not upload any part of the Content to a website, or email it to anyone, except by means of creating a hyperlink to Our Website.
5. Subject to the other terms of this agreement, you may download or print Content for your own personal use only, provided that you maintain all copyright and other notices contained in it.

Security of Our Website
1. If you violate Our Website, we shall take legal action against you.
2. You now agree that you will not, and will not allow any other person to:
3. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it;
4. link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
5. link to Our Website in any way that that is likely to give your users the impression that our Content is yours;
6. link to Our Website in any way that portrays us or any product or service in a false, misleading, derogatory, or otherwise offensive manner;
7. share with a third party any login credentials to Our Website.
8. Conditional on the above terms, you may create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You may do this without our specific permission.

Links to third party websites
1. Our Website may contain hyperlinks to third party websites or services that are not owned or controlled by us.
2. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services.

Images
1. Images of Goods on Our Website are for illustrative purposes only. Although we make every effort to make them a fair representation, we cannot guarantee that they exactly match the Goods in colour, scale (in the case of map images), or in other ways.

Disclaimers
1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
3. We make no representation or warranty for:
  1. any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
  2. the adequacy or appropriateness of the Goods for your purpose.
4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
5. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Goods concerned.
6. We shall not be liable to you for any loss or expense which is:
  1. indirect or consequential loss; or
  2. economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
7. This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us. Any of them may enforce this provision under the Contracts (Rights of Third Parties) Act 1999.
8. If you become aware of any breach of any term of this agreement by any person, please tell us by email or post.

Indemnity
1. You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
2. your failure to comply with the law of any country;
3. your breach of this agreement;
4. any act, neglect or default by any agent, employee, licensee or customer of yours;
5. a contractual claim arising from your use of the Goods;
6. a breach of the intellectual property rights of any person.

Dispute resolution
1. If you are not happy with our services or have any complaint then you must tell us by email or post. We will endeavour to resolve the complaint in a manner that is satisfactory to both parties.
2. If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
3. We can propose an ADR Provider or will listen to your proposal. ADR Provider means an approved body under the Alternative Dispute Resolution for Consumer Disputes Regulations 2015. We refer to the online dispute resolution platform at https://ec.europa.eu/consumers/odr/.

Miscellaneous
1. When we communicate with you, we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
2. Where we provide goods or services without specific charge to you, then they are deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or services.
3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by email. It shall be deemed to have been delivered:
  1. if delivered by hand: on the day of delivery;
  2. if sent by post to the correct address: within 72 hours of posting;
  3. if sent by email to the address from which the receiving party has last sent email: within 72 hours if no notice of non-receipt has been received by the sender.
7. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control.
9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
10. The validity, construction and performance of this agreement shall be governed by the laws of England and you agree that any dispute arising from it shall be litigated only in England.

Model cancellation form

Complete and return this form if you wish to cancel in accordance with the cancellation and refunds procedure set out above. Copy the form in an email, or print it and send it by post.

To: Martin Ebdon Maps, 226 Trowbridge Road, Bradford on Avon, BA15 1EY, United Kingdom.

I hereby give notice that I cancel my contract of sale of the following goods:

Ordered / received (delete as appropriate) on date:

Name of customer:

Address of customer:

Signature of customer (only if this form is notified on paper):

Date: