Terms and Conditions
The Cornish World Bookshop is operated by Eclector and these are the Terms and Conditions of Use.
Subject to these terms and conditions, Eclector Limited ("Eclector") provides access to its website and the e-commerce web pages that Eclector enables subscribers to its website service ("Eclector Store Owners") to build (together the “Eclector Website”) and sells products to you through Eclector Websites.
Please read these conditions carefully before using this Eclector Website. By accessing this Eclector Website and/or placing an order, you signify your agreement to be bound by these conditions. If you do not accept these terms, do not use this Eclector Store.
In these terms and conditions, "we", "us" and "our" means Eclector.
Eclector is a company registered in England and Wales, whose registered office is 1 Hampton Hall, Warminster Road, Bath BA2 6SQ. Our company registration number is 06492628 and our VAT registration number is 935546108.
Conditions Relating to Your Use of this Website
1. Privacy
Please review our Privacy Policy which also governs your visit to this Eclector Website. By using this Eclector Website, you consent to us using your information in accordance with our Privacy Policy.
2. Access to this Eclector Website
2.1 The information provided by us on this Eclector Website is not in any way a recommendation to buy any products or services featured.
2.2 We will endeavour to allow uninterrupted access to this Eclector Website, but access to this Eclector Website may be suspended, restricted or terminated at any time.
2.3 We reserve the right to change, modify, substitute or remove without notice any information on this Eclector Website from time to time. Proposed changes to these terms and Conditions of Use & Sale or to our Privacy Policy will be notified to you by e-mail or flagged for your attention when you log onto this Eclector Website for a new session. Continued use of this Eclector Website after such notification shall be taken as your full acceptance of such changes.
2.4 We assume no responsibility for the contents of any other websites with which this Eclector Website has links.
3. Intellectual property
3.1 The copyright and other worldwide intellectual property rights in the material contained in this Eclector Website, together with this Eclector Website design, text, logos, button icons, images, audio clips, digital downloads, data compilations and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to us, our Eclector Store Owners or licensors. All rights are reserved. None of this material may be reproduced or redistributed without our express prior written permission. You may, however, download or print a single copy for your own non-commercial off-line viewing.
3.2 Eclector is a trademark of Eclector Limited. Other product and company names mentioned on this Eclector Website may be the trademarks or registered trademarks of their respective owners.
3.3 You shall retain ownership of all copyright in data you submit to this Eclector Website. You grant us a world-wide exclusive, royalty-free, non-terminable licence to use, copy, distribute, publish and transmit such data in any manner.
3.4 You may not systematically extract and/or re-utilise parts of the contents of this Eclector Website without express written consent from us. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any part of this Eclector Website, without express written consent from us.
4. Your conduct
4.1 You must use this Eclector Website for lawful purposes only. If we allow you to register with us you are fully responsible and liable for all access made to this Eclector Website using any password or registered user name that you register with us. You should keep such passwords and registered user names confidential at all times.
4.2 You, not us, are responsible for any electronic communications and content sent from your computer to us.
4.3 You shall not use this Eclector Website:
• for fraudulent purposes, or in connection with a criminal offence
• in any way that causes, or is likely to cause, this Eclector Website or access to it to be interrupted or damaged in any way
• to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”
• to cause annoyance, inconvenience or needless anxiety.
5. Defamation claims and inappropriate content
5.1 If you believe that any content on, or advertised for sale on, this Eclector Website contains a defamatory statement, please notify us immediately by following our Notice and Procedure for Notifying Eclector of Defamatory Content at the end of these Terms and Conditions. Once this procedure has been followed, we will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.
5.2 If you find any content on this Eclector Website is inappropriate, offensive or otherwise breaches these terms and conditions of use then please contact us by e-mailing info@eclector.co.uk. We will then use our reasonable endeavours to remove such content.
6. Exclusions of liability
6.1 We use reasonable endeavours to ensure that information on this Eclector Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. We do not monitor, verify or endorse information submitted by third parties for posting on this Eclector Website and you should be aware that such information may be inaccurate, incomplete or out of date. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on this Eclector Website. We do not guarantee that this Eclector Website will be fault free and do not accept liability for any errors or omissions.
6.2 Due to the nature of electronic transmission of data over the internet, and the number of users by whom data is posted on to this Eclector Website, any liability we may have for any losses or claims arising from an inability to access this Eclector Website, or from any use of this Eclector Website or reliance on the data transmitted using this Eclector Website, is excluded to the fullest extent permissible by law. In no event shall we be liable for any indirect loss, consequential loss, loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with this Agreement or use of this Eclector Website save where such liability cannot be excluded by law.
6.3 We do not give any warranty that this Eclector Website is free from viruses or anything else that may have a harmful effect on any technology although we have taken all the usual necessary precautionary measures.
7. Charity Donations
Some of our Eclector Store Owners may state that they will donate commissions they generate from the sale of goods from their Eclector webpage to a specific charitable organisation. We do not verify that Eclector Store Owners make such payments, except where we display the following symbol [insert symbol] on their webpage. Where this symbol is displayed, we enable the applicable charity to collect the commission generated directly from us. To make the charity donation eligible for Gift Aid, you must declare that you are a UK taxpayer by ticking the relevant box during the order process.
If the symbol above is not displayed we have no responsibility for and have not verified whether such donations are being made by this Eclector Owners and cannot collect your Gift Aid declaration or guarantee that all commissions will be paid to the charity. We retain the right at all times to immediately suspend or remove any webpage that we suspect of making false charitable claims.
Conditions Relating to the Sale of Goods from this Eclector Website
8. Order process and formation of agreement
8.1 The description of the goods, price, currency, VAT, insurance and delivery costs are set out in the order page. Orders shall be accepted at our sole discretion but are normally accepted if the goods are available, the order reflects current pricing, you are based in a country to which we are currently able to sell and your credit or account card is authorised for the transaction.
8.2 We will confirm receipt of your order through our automatic screen confirmation of the order. Our confirmation of receipt of your order is not acceptance of your offer.
8.3 Your order represents an offer by you to us to purchase a product which we shall notify you is accepted by us when we send an e-mail confirmation to you (the “Confirmation E-mail”). Our sending the Confirmation E-mail to you signifies completion of that acceptance and a contract between us on the basis of these terms and conditions is formed at that point (which we may refer to in these terms and conditions as this "Agreement"). Any products on the same order which we have not confirmed in a Confirmation E-mail to you do not form part of that contract.
8.4 We shall charge your account for payment when we accept your order.
8.5 You will only own the goods once we have received cleared payment for them in full. Until that time we will retain title to the goods.
9. Returns
9.1 We will be happy to refund any goods with which you are not completely satisfied. Simply return the goods to us unused, within 7 working days, with the dispatch note. The items must be returned in the condition they were in when received and your right to return goods will not apply to any audio or DVD items which have been unsealed. We reserve the right not to issue a refund if the condition of any products returned to us is in our opinion unacceptable. You will be responsible for the direct costs of returning the goods. Please note that we cannot accept returns if you deliver them to us by hand.
9.2 We are unable to exchange items that are not damaged, defective or incorrect.
9.3 If you are returning an item because of an error on our part or because it is damaged or defective, we will refund the charges for delivering the item to you, the cost of gift-wrapping and other services provided to you in connection with your purchase (where applicable) and we will reimburse your costs in returning it to us.
9.4 We check all items returned as damaged or defective. If we find no fault, we reserve the right to re-charge you for the item/s and to recover our fees and expenses from you.
10. Availability
10.1 We use our reasonable endeavours to ensure that the goods displayed on this Eclector Website are available and to indicate where they are not. However, even where goods are stated as "in stock" we cannot guarantee that those goods are available and this information is provided for general guidance. Once you order an item, we will then confirm whether or not it is in stock when we send a Confirmation E-mail. However, if whilst we are processing your order, the availability of the item changes we will let you know as soon as possible and provide an estimated date of dispatch. If the revised date of dispatch is not acceptable to you, you may cancel the Agreement and we will refund the price of the goods you have ordered in full.
10.2 Unless we specify otherwise, where goods are in stock we will endeavour to dispatch orders received before 12.00 noon on the same business day. Whilst we cannot guarantee this service, we will always dispatch goods as soon as possible. We will confirm dispatch of your order to you by e-mail within 4 hours. Where delivery dates are given, they are for general guidance only and we will not be held liable in any way for late delivery of goods.
10.3 We shall attempt to deliver the goods to the address you specify for delivery, or if none, to the credit card address you supply. It is important that these addresses supplied by you to us are accurate. If the address supplied by you is accurate and you still do not receive the goods then we will undertake to investigate the problem. You are responsible for making arrangements to receive the goods and if the goods are held at the post office or other delivery company's depot because no one was available when the goods were delivered then it is your responsibility to swiftly collect the goods. If the goods are returned to us after failure to collect them you will be charged postage again should you wish them to be sent out again.
11. Customs
When ordering goods from Eclector Ltd for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be.
12. Children
You must be 18 years of age or older to purchase goods from this Eclector Website. If you are under 18, you may use this Eclector Website only with the involvement of a parent or guardian. Your use of and registration on this Eclector Website is void where prohibited.
13. Electronic communications
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. This condition does not affect your statutory rights.
14. Liability
14.1 If you have a valid claim in respect of any of the goods which is based on any defect in the quality or condition of the goods or their failure to meet specification in accordance with this Agreement, we shall be entitled to replace the goods (or the faulty part in question) free of charge or, at our sole discretion, refund to you the price of the goods (or a proportionate part of the price).
14.2 We will take all reasonable care to keep your order secure, but in the absence of our sole negligence we cannot be held liable for any loss you may suffer if a third party obtains unauthorised access to any data (including credit and account details) you provide when accessing or ordering from this Eclector Website.
14.3 Our aggregate liability to you in connection with any claim or series of connected claims under this Agreement shall not exceed £1,000.
14.4 Notwithstanding anything else in these terms and conditions, we accept unlimited liability in respect of death or personal injury caused by our negligence.
14.5 These terms and conditions do not affect your statutory rights (if appropriate) as a consumer.
15. Alteration of service or amendments to this Agreement
We reserve the right to make changes to our Eclector Website, policies, and this Agreement at any time. We will notify you of such changes via e-mail or a notice on this Eclector Website. You will be subject to the policies and the terms and conditions in force at the time that you use this Eclector Website or that you order goods from us. If you do not agree to the changes you must stop using this Eclector Website.
16. Events beyond our reasonable control
We shall not be liable to you or in breach of this Agreement for delay or failure to perform if the delay or failure is due to a cause beyond our reasonable control.
17. General
17.1 If we fail to enforce a right under this Agreement, that failure will not prevent us from enforcing other rights, or the same type of right on a later occasion.
17.2 If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of this Agreement shall not be affected.
17.3 This Agreement is governed by and construed in accordance with English law.
17.4 Unless otherwise stated in this Agreement, no part of this Agreement is enforceable by anyone who is not a party to it, pursuant to the Contracts (Rights of Third Parties) Act 1999.
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Notice and Procedure for Notifying Eclector of Defamatory Content
If you believe that any content on, or advertised for sale on, this Eclector Website contains a defamatory statement, please notify us immediately by copying the Notice to Eclector Limited of Defamatory Content below , completing it in accordance with the instructions set out in the Notice and send a printed signed copy to: Defamation Notices, Eclector Limited, 1 Hampton Hall, Warminster Road, Bath BA2 6SQ. Please note that this procedure is exclusively for notifying Eclector of Defamatory content on or advertised for sale on this Eclector Website. Please provide your address, telephone number, and e-mail address when sending the notice to us.
Important Warning: giving false, misleading or inaccurate information in the Notice to Eclector Limited of Defamatory Content may result in civil and criminal liability.
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Notice to Eclector Limited of Defamatory Content
In the matter of Eclector Limited
S T A T E M E N T
I, [please set out your full name] of [please give your postal address], [please state your occupation], say as follows:
1. I refer to the website [please set down the full URL of the site in question] (“the website”). I make this statement in support of my giving Eclector Limited notice that, via the website, it is causing or contributing to the publication of a defamatory statement.
2. The defamatory words (delete whichever paragraph is not applicable):
(a) appear in a book being sold by Eclector Limited via the website entitled [please state the book name and its author]. The defamatory words appear on page [please describe where in the product the copyright work appears, e.g.: pages].
OR
(b) appear on the website at [please cut and paste the address of the relevant webpage from the website where the defamatory words appear].
3. The words that I consider to be defamatory are [please repeat the exact words you are complaining about].
4. These words are defamatory because [please state why you consider the words are defamatory].
5. The defamatory words are untrue because [please explain why the words complained of are untrue and what you believe the true position is].
6. I understand that this statement may be used in any court proceedings that may arise out of or relating to the defamatory words which I have complained about.
Statement of Truth
I declare the facts stated above to be true.
Signed:
Dated
