Website Conditions of Use
Welcome to the http://www.performancepublishing.co.uk website Conditions of Use. These apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the conditions set out below. If you do not agree to be bound by these conditions you may not use or access this Website.
1. Definitions In these Conditions of Use the following terms shall have the meanings set out below: http://www.performancepublishing.co.uk – published by Performance Publishing Ltd. “Website” means the website with its home page as set out below: “Trade Marks” means any of the registered or unregistered trade marks for “Performance Publishing”, “Complete Kit Car magazine”, “Track Day Directory”, “Absolute Lotus”, “Performance Publishing Design & Print” any associated word or device marks and combinations of the same, and any other trade marks as maybe added to this list from time to time. “Performance Publishing Ltd” means Performance Publishing trading from Unit 3 Site 4, Alma Park Road, Grantham NG31 9SE also referred to as “we”, “us” and “our”. “Web Page” means any page on a Website.
2. Acceptable Use Policy
You agree to abide by all applicable laws, regulations and codes of conduct and ensure that any content uploaded or distributed or stored by you does not infringe the rights of others. All material on the Website and any material sent to you by e-mail or any other form from the Website (the “content”) or in any way relating to the Website belongs to our licensors or us. You may retrieve and display content from the Website on a computer screen, print a single copy of individual pages on paper and store such pages for caching purposes only, all for your personal and non-commercial use alone.
We, or our licensors, own the copyright and all other intellectual property rights associated with the content, save where otherwise stated.
You may not do any of the following without prior written permission from us:
reproduce other than allowed under this Acceptable Use Policy, modify or in any way commercially exploit any of the content; redistribute any of the content (including using it as part of any library, archive or similar service); remove the copyright or trade mark notice(s) from any copies of content made in accordance with these Conditions of Use; create a database in electronic or structured manual form by systematically downloading and storing all and any of the content. Requests to republish, redistribute or syndicate content should be addressed to: firstname.lastname@example.org You acknowledge that we own the Trade Marks and that you may not use any of them without our prior written permission. Other product and company names and logos mentioned or displayed in the Website may be the trade marks, service marks or trading names of third parties.
All orders are subject to acceptance in accordance with our Terms & Conditions as set-out below.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
Contract Creation and Electronic Contracting
The technical steps required to create the contract between you and us are as follows:
You place the order for your products on the Website by pressing the confirm order button at the end of the check-out process. You will be guided through the process of placing an order by a series of simple instructions on the Website. We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Performance Publishing Ltd. Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions in Contract Cancellation. Non-acceptance of an order may be a result of one of the following:
The product you ordered being unavailable from stock. Our inability to obtain authorisation for your payment. The identification of a pricing or product description error. You not meeting the eligibility to order criteria set out in the main Terms & Conditions. Contract Cancellation
Under the United Kingdom’s Distance Selling Regulations, you have the right to cancel the contract for the purchase of any item within seven working days of receipt.
This legal right applies to all of our products, with the exception of:
Audio, video, DVD, and software products where the item has been unsealed. All magazines. Goods made to your specification (for example photocopies or reprints of photographs). If your purchase qualifies for cancellation and you would like to cancel the contract for this purchase, please contact our customer support team by e-mail at email@example.com for authorisation. Please note we cannot accept any returns without our prior authorisation and that cancellations under these terms can only be accepted within seven working days of receipt.
Where the product qualifies for cancellation and the contract was cancelled within seven working days of receipt, we will refund the item’s cost and the normal postage charge for the delivery of that item. We will not however refund any priority, express or courier component of the postage charge or the costs of returning the item to us. You will be responsible for those charges and the costs of any other services provided to you.
If you want to return an item because of an error on our part or because it is defective please refer to the Returns Policy below.
Description of products
Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order Acceptance policy.
All prices are in UK Pounds Sterling, inclusive of UK VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. The total cost of your order is the price of the Products ordered plus delivery charges as set out in the Postage Tarrifs section of this Website. Payment can be made by any of the methods specified in the Payment section of this Website and payment will be debited and cleared from your account as set out in the Payment section of this Website. If you are ordering from outside the UK then your credit/debit card issuer will usually convert the UK pounds amount into your account currency at their nominated exchange rate and may add charges.
You confirm that the credit or debit card that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
Refusal of Transaction
We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product from this Website whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website under English law you must:
Provide your real name, telephone number, email address, payment details and other requested information
Be over 18 years of age
Stipulate a delivery address
Possess a valid credit or debit card issued by a bank acceptable to us
By making an offer to buy a Product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
Before returning an item you must contact us for prior authorisation by emailing us on firstname.lastname@example.org, we will then email you back with details of how to return the item. We can not accept any returns without our prior authorisation.
If you are returning an item because of an error on our part or because it is defective, we will be happy to refund the item’s cost, the delivery charges incurred in sending the item to you and your costs in returning it to us. Where you are withdrawing from your purchase within the seven working days cooling-off period, we will also refund the normal postage charge for the delivery of that item but we cannot refund any priority, express or courier component of the postage charge or the costs of returning the item to us. You will be responsible for those charges and the costs of any other services provided to you.
In accessing the Website, you agree not to:
Impersonate another person or use a false name or a name you are unauthorised to use or create a false identity or email address or try to mislead others as to the identity or origin of any communications; modify, access or make available data stored on a computer device which you have accessed through our network; make available or upload files that contain software or other material, data or information not owned or licensed to you or collect information about others (eg names/addresses) without their prior consent; damage, interfere with or disrupt access to the Website or do anything which may interrupt or impair its functionality; make any commercial or business use of the Website or resell or commercially benefit from any part or aspect of the Website; publish, post, distribute, disseminate or otherwise transmit defamatory, offensive, infringing, obscene, indecent or other unlawful or objectionable material or information; threaten, harass, stalk, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others; make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms” or any other harmful software; falsify the true ownership of software or other material or information contained in files made available via the Website; obtain or attempt to obtain unauthorised access, through whatever means, to the Website, other services or computer systems or areas of our or any of our partners’ networks; set up links from any website controlled by you to any Web Page, except to the home page of a particular Website, without our express written permission. We retain the absolute right to prevent you from accessing the Website, without prejudice to any of our accrued rights, where we in our sole discretion consider that you are contravening our Acceptable Use Policy or any other term or condition of these Conditions of Use.