EAGLEMOSS LTD TERMS AND CONDITIONS
1. TERMS OF WEBSITE USE
3. ACCEPTABLE USE POLICY
4. TERMS OF SUPPLY
TERMS OF WEBSITE USE
INFORMATION ABOUT US
This website and associated web pages ("eaglemoss.com" or "the website") is operated by or on behalf of Eaglemoss Ltd ("Eaglemoss", "we" or "us" as appropriate). Our contact details are as follows Eaglemoss Ltd, Beaumont House, Kensington Village, Avonmore Road, London W14 8TS United Kingdom. Our VAT number is GB 242 5983 47
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
When using our site, you must comply with the provisions of our ACCEPTABLE USE POLICY.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
Material incorporated or displayed on this website belongs to or its licensors. These works are protected by copyright laws around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of material displayed on the website for non-commercial, personal use only provided our status (and that of any identified contributors) as the author and owner of the material must always be acknowledged and you must retain all copyright and other proprietary notices contained on the material (if any).
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You may not use any part of the materials on our site for commercial purposes or otherwise distribute, amend, re-use or re-post any part the content of the site without our permission.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Your use of and browsing of the site are at your own risk.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
· All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
· Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
· loss of income or revenue;
· loss of business;
· loss of profits or contracts;
· loss of anticipated savings;
· loss of data;
· loss of goodwill;
· wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable
INFORMATION ABOUT YOU AND YOUR VISIT TO OUR SITE
TRANSACTIONS CONCLUDED THROUGH OUR SITE
Contracts for the supply of products formed through our site or as a result of visits made by you are governed by our separate TERMS AND CONDITIONS OF SUPPLY.
UPLOADING MATERIAL TO OUR SITE
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our ACCEPTABLE USE POLICY which forms part of these terms. You warrant and undertake that any such contribution does and shall comply with those standards, and you shall indemnify us for any breach of that warranty and undertaking.
If you submit or upload material to this site (for example artwork or pictures) this will be considered non-confidential and non-proprietary and you agree that GE Fabbri, and others accessing the site are authorised and licensed to use, copy, distribute and disclose such material free of charge to third parties and that such material can be displayed on the site. You confirm you are entitled to submit material that you provide to us and hereby waive any moral rights you may have in such materials. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our ACCEPTABLE USE POLICY.
VIRUSES HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
We will not be liable for any loss or damage caused by a viruses or other technologically harmful material that may infect your computer equipment, your use of our site
Eaglemoss recommends that you install appropriate antivirus software and any other necessary protective software before you download information from these pages. Eaglemoss has no control over the content of websites which can be accessed from the Eaglemoss website.
Eaglemoss does not accept responsibility for any loss, damage, costs, expenses or claims caused by distributed denial-of-service attack, any virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material contracted as a result of opening the Eaglemoss website, or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our ACCEPTABLE USE POLICY.
If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com
LINKS FROM OUR SITE
Links or pointers to websites and references to products and services, if any, offered by third parties are provided to you for convenience only. Eaglemoss have not reviewed and have no control whatsoever over any of the websites or their contents mentioned or accessible from the website. Eaglemoss Ltd accepts no responsibility and disclaims all liability in respect of websites, and the information contained therein, maintained by any third party whether or not mentioned in or accessible from the Eaglemoss website. In addition, the existence of a link from the Eaglemoss website to any other website is not and shall not be understood to be an endorsement or approval by Eaglemoss of such linked website, its owner, or any products or services offered on such linked websites.
THIRD PARTY RIGHTS
No person other than a party to this agreement shall have any rights to enforce any term of this agreement.
JURISDICTION AND APPLICABLE LAW
Any claim or dispute relating to the use of the Eaglemoss website shall be governed and construed in accordance with the laws of England and Wales and the English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
The titles of Eaglemoss’s collections are unregistered and/or registered trademarks of Eaglemoss. All other product names, trademarks, company names or logos appearing on the website are the trademarks of their respective owners. You may not use any trademark featured on the website without the written permission of Eaglemoss or such other party that may own such trademarks.
If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org
Thank you for visiting our site.
This website eaglemoss.com and associated web pages ("eaglemoss.com" or "the website") is operated by or on behalf of Eaglemoss Ltd ("Eaglemoss", "we" or "us").
Eaglemoss is committed to processing personal data relating to users of the website ("you") in accordance with applicable data protection law. The following outlines our privacy and data protection policy.
Collection and Use of User Details
When you register at eaglemoss.com or use the website, we collect personal details about you.
Personal information such as your name, address and e-mail address is collected via eaglemoss.com’s ordering and registration forms, as well as via chatrooms and other ways in which you communicate with us via the website.
When you visit the site, we also collect web site usage information and information about your computer and internet connection, including your computer's IP address, the type and version of browser and operating system you use, your internet domain and, if you arrived at eaglemoss.com via a link from another website, the URL of the linking page.
We use the information we collect via the website to:
• fulfil orders;
• personalise the content you will see based on your personal characteristics or preferences;
• notify you of relevant new products and features on eaglemoss.com (subject to obtaining your consent to receiving such information as required by applicable law);
• notify you of promotions from eaglemoss.com and from Eaglemoss Ltd (subject to obtaining your consent to receiving such information as required by applicable law);
• allow reputable third parties to send you information (subject to obtaining your consent to receiving such information as required by applicable law);
• ensure, as far as is practical, that our site is compatible with the browsers and operating systems used by most of our visitors;
• improve our understanding of customer needs in developing eaglemoss.com;
• build marketing profiles;
• aid strategic development and statistical analysis; and
• as otherwise reasonably required by us and our affiliates in connection with our business or as required by law.
Eaglemoss Ltd operates from offices worldwide and may disclose your personal data to its affiliates, representatives, service suppliers professional advisers, credit reference agencies and law enforcement bodies for the foregoing purposes and other purposes referred to below. Eaglemoss and its affiliates and data processors seek to ensure appropriate standards of data protection are adhered to for the forms of processing mentioned above.
Some of our forms requesting personal data may provide you with a series of choices regarding promotional activity and other communication with you. In any event, you can opt out of receiving marketing communications from us at any time.
You can delete cookies from your hard drive at any time. However, if you delete these cookies, any settings such as your stored username and password will have to be reset when you log in again.
You will be able to use eaglemoss.com even if you set your browser not to accept any cookies. However, certain features and content may not be available to you and you will have to log in every time you visit.
Eaglemoss and eaglemoss.com uses reputable third parties to deliver the e-mails you may receive from our site. These third parties use unique identifiers and invisible images (often called "pixel tags" or "clear GIFs") to perform message open sensing, message format sensing, and clickthrough sensing on behalf of Eaglemoss Ltd in order to bring you more relevant information.
Eaglemoss Ltd has measures in place to seek to ensure that users' personal details are not misused, accidentally destroyed, lost or altered.
Occasions will arise when customer information is passed outside Eaglemoss Ltd to other organisations referred to above and including data processors (e.g. fulfilment bureaus, database consultants etc.). Although Eaglemoss seeks to ensure appropriate security for personal data within its possession and control the Internet is not a secure mechanism. You therefore agree not to submit sensitive personal data to the website where loss or disclosure of that information may cause you substantial damage or distress.
Transfer of Personal Data Overseas
Given that the Internet is a global environment, using the Internet to collect and process personal data necessarily involves the transmission of data on an international basis including to countries which do not have data protection or privacy laws which offer the same protection as is available in the country in which you are based. Therefore, by browsing eaglemoss.com and communicating electronically with us, you acknowledge and agree to our processing of personal data in this way.
Children Under 13
Individuals under the age of 13 should not submit any personal details without the permission of their parent or guardian.
Changes to this statement
If you would like to request a copy of the information Eaglemoss holds relating to you please contact email@example.com in the first instance.
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you, the user of or visitor to this site, and us under which you may access our website and associated web pages ("www.EAGLEMOSSX.com", "the website" or "site"). This acceptable use policy applies to all users of, and visitors to, our site.
This website and associated web pages ("www.EAGLEMOSSX.com", "the website" or "site") is operated by or on behalf of Eaglemoss Ltd ("Eaglemoss", "we" or "us" as appropriate). Our contact details are as follows Eaglemoss Limited, Beaumont House, Kensington Village, Avonmore Road, United Kingdom. Our VAT number is GB 242 5983 47
You may use our site only for lawful purposes. You may not use our site:
· In any way that breaches any applicable local, national or international law or regulation.
· In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
· For the purpose of harming or attempting to harm minors in any way.
· To send, knowingly receive, upload, download, use or re-use any material which does not comply with our CONTENT STANDARDS [LINK TO BELOW].
· To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
· To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
· To conduct any business activity
You also agree:
· Not to access without authority, interfere with, damage or disrupt:
• any part of our site;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
· Chat rooms.
· Bulletin boards.
Where we do provide any interactive service, we will decide in each case in our sole discretion whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
· Be accurate (where they state facts).
· Be genuinely held (where they state opinions).
· Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
· Contain any material which is defamatory of any person.
· Contain any material which is obscene, offensive, hateful or inflammatory.
· Promote sexually explicit material.
· Promote violence.
· Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
· Infringe any copyright, database right or trade mark or other right of any other person.
· Be likely to deceive any person.
· Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
· Promote any illegal activity.
· Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
· Be likely to harass, upset, embarrass, alarm or annoy any other person.
· Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
· Give the impression that they emanate from us, if this is not the case.
· Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
· Immediate, temporary or permanent withdrawal of your right to use our site.
· Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
· Issue of a warning to you.
· Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
· Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
Eaglemoss Ltd. Terms Of Supply
These are the terms and conditions on which we supply the products (Products) listed on our website (www.EAGLEMOSS.com) (our site). By ordering any of our Products, you agree to be bound by these terms and conditions.
1. Information About Use
1.1 www.EAGLEMOSS.com is operated by Eaglemoss Ltd (we). We are registered in England and Wales under company number 2843872 and with our registered office and main trading address at Beaumont House, Kensington Village, Avonmore Road London UK W14 8TS. Our VAT number is GB 242 5983 47.
2. How The Contract Is Formed Between You And Us
2.1 Our contract with you (the Contract) will only be formed when we send you our confirmation of acceptance of your order (the Dispatch Confirmation). Your order will be fulfilled within 30 days of the date of the Dispatch Confirmation, unless exceptional circumstances apply (e.g. where you have ordered Products more than 30 days before they are published, in which case delivery within 30 days of Dispatch Confirmation will not be possible).
2.2 If you are a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products. To cancel a Contract, you must inform us in writing and return Products in the same condition in which you received them at your cost.
2.3 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
3. Price And Payment
3.1 The price of any Products (plus delivery costs) will be as quoted on our site, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
4. Our Liability
4.1 Our liability for losses you suffer as a result of us breaking any Contract is strictly limited to the purchase price of the Product you purchased.
4.2 This clause does not include or limit in any way our liability for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
4.3 We are not responsible for indirect or consequential losses which are not a reasonably foreseeable consequence of us breaching a Contract.
4.4 If any of these terms is unenforceable, the remaining terms shall continue in full force and effect to the fullest extent permitted by law.
4.5 All notices given by you to us must be given to Eaglemoss Limited at Beaumont House, Kensington Village, Avonmore Road London UK W14 8TS.
4.6 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
5. Entire Agreement
5.1 These terms and conditions and any document referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
6. These terms and conditions and any document referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
7. Applicable Law
7.1 You will be subject to our policies and terms of supply in force at the time that you order Products from us.
7.2 These terms and all disputes arising in connection with any Contract or these terms shall be governed by English law and subject to the exclusive jurisdiction of the English courts.