TERMS OF SERVICE
1. ABOUT US
We are Pierce Protocols Limited ("we, “us”, “our"), a limited liability company registered in England and Wales under company number 05613954. Our registered office is at 4th Floor 95 Gresham Street, London, England, EC2V 7AB and our VAT number is GB 880 0793 13.
You can contact us at [email protected].
2. THESE TERMS
We provide a service for purchasing books, merchandise and other products via the online shop on our website (“Site”)
This Terms of Service is a binding agreement that governs your access to and use of the Site, the purchase of products from us together with your use of the software and services provided by us in connection with such purchase (collectively the “Service”).
Please refer to our Privacy Policy for information about how we collect, use and share information about you.
3.1. You may place your order requesting products from the Site by clicking on the pay now or other confirmation button at the end of the online order process.
3.2. Once you have placed your order, we will send you an acknowledgment by email providing you with a customer order number and the cost of your order. Please note that this email does not constitute acceptance of your order by us.
3.3. Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the cancellation procedures set out below, our acceptance of your order will take place when we notify you that we have dispatched the products ordered by you, at which point a contract will come into existence between you and us governed by this Terms of Service.
3.4. We may be unable to accept your order. This might be because an order is out of stock, we are unable to obtain authorisation for your payment or we identify a product or pricing error. If, for whatever reason, we do not accept your order, we will notify you of this and will refund to you any amounts that you have already paid to us for the products.
4. OUR PRODUCTS
4.1. We will take all reasonable care to ensure that all details, descriptions, depictions and prices of products appearing on our Site are correct at the time that the relevant information is entered onto the system. Although we aim to keep the Site as up to date as possible, the information on the Site at a particular time may not always reflect the position exactly at the moment you place an order.
4.2. Please note that the images of the products on our Site are for illustrative purposes only. Whilst we make every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your products may vary from the images shown.
5. PRICE AND PAYMENT
5.1. The purchase price of each product will be the price indicated on the Site.
5.2. All prices and charges are shown in British Pound Sterling or such other currency as is specified on the Site for a product (“Purchase Currency”). The actual amount to be paid in your home currency will be determined by the exchange rate used by your bank or credit card company when you are actually charged. We are not responsible for any exchange rate fees charged by your bank or credit card company, and such amounts are not charged by or received by us.
5.3. All prices and charges indicated on the Site are exclusive of any applicable VAT payable in connection with the purchase. If any such VAT applies, it will be charged at the current rate unless otherwise stated.
5.4. Import Duties and Taxes: in addition to the amounts payable to us, you are responsible for paying any taxes, customs duties and fees levied by local customs authorities (“Import Duties and Taxes”) which are triggered when the products are shipped to the country you designate. Where Import Duties and Taxes are due, you are solely responsible for paying them. We do not collect and pay Import Duties and Taxes on your behalf. You will need to pay any amounts due directly to the applicable customs authority. We are not able to offer any guidance on Import Duties and Taxes and we recommend that you contact your local customs office for details. Failure to pay the applicable Import Duties and Taxes means you may not be able to receive your products. We will have no liability to you in such event.
5.5. Payment may be made by any of the methods specified on our Site. You must pay for the products before we dispatch them to you.
5.6. It is possible that, despite our best efforts, some of the products on the Site may be incorrectly priced. If we accept and process your order where a pricing error could reasonably have been recognised by you as a mispricing, we may end the contract, refund to you any sums already paid and require that you return the products to us.
6. DELIVERY OF PRODUCTS
6.1. The costs of delivery of the products will be as displayed to you on our Site during the order process.
6.2. If no other time for delivery is agreed by us, we will deliver the products to you no later than 30 days after the date on which the contract is formed. Please note that any other delivery time agreed by us shall commence on the date on which we dispatch your products. Delivery will only be made once full payment for the products has been received from you. We are not responsible for any delays or additional charges resulting from destination customs clearance processes.
6.3. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms of Service that is caused by any act or event beyond our reasonable control (“Event Outside Our Control”). If an Event Outside Our Control takes place that affects the performance of our obligations under the Terms of Service (i) we will contact you as soon as reasonably possible to notify you; and (ii) our obligations under the Terms of Service will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of the products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
6.4. Orders shall be delivered to the address indicated by you at the time of ordering, save that we will only deliver to those countries found on the list shown on our Site at the time of ordering and we do not deliver to P.O. boxes. We cannot be liable for any loss suffered by you as a result of you supplying us with incomplete or inaccurate delivery information. We are unable to redirect orders once the product has been dispatched.
6.5. In the event that no one is available at your address to take delivery, a notice shall be left informing you of how to rearrange delivery or indicating from where the products may be collected. If you do not take delivery or collect the products within a reasonable time, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and charge you a reasonable amount by way of compensation for the costs that we incur as a result.
7. OWNERSHIP AND RESPONSIBILITY
7.1. You will own the products from the time when the contract between you and us is made. Ownership will immediately revert to us if we refund the price you have paid for the products.
7.2. Risk in and responsibility for the products will pass to you when we deliver them to the address provided by you in your order.
8. CANCELLATION AND RETURNS
8.1. If you are a consumer, you have a legal right to cancel your order at any time prior to delivery or within 14 days of delivery having been made (starting with and including the day after you receive the products). This right, under the Consumer Contracts Regulations 2013, is explained in more detail in these terms.
8.2. To exercise your right to cancel, please contact us before the end of the 14 day period informing us of your wish to cancel and providing details of your name, address, contact details, customer order number, the date on which your order was placed and the products to be returned. You may use the cancellation form in the Schedule to this Terms of Service, but you do not have to. Any notice given by you after the 14 day time limit will not be effective to cancel your order.
8.3. If you cancel your order after the products have been dispatched to you (or at a time when it is too late for us to prevent them being dispatched), you must return them to us at Pierce Protocols Ltd, 29-35 Lexington Street, London, W1F 9AH or such other address as we may specify) using an established delivery service within 14 days of notifying us that you wish to cancel the contract. You must retain the delivery receipt for your own purposes in order to provide proof to us that you have returned the products should this be required. If you don’t do this and we don’t receive the products at all or within a reasonable time we won't refund you the price. You are responsible for ensuring that the products are adequately protected during transit, bearing in mind their nature and value. Products must be returned in a saleable condition. Returns are at your own cost.
8.4. If you exercise your right to cancel, we will refund you the price you paid for the products, including delivery costs but subject to any applicable deductions as described in clause 8.6. The refund will be made to you by the method you used for payment.
8.5. All refunds will be made in Purchase Currency. The actual amount to be paid in your home currency will be determined by the exchange rate used by your bank when you are actually charged. All currency exchange fees, remittance fees or other charges payable in connection with payments by you shall be borne by you.
8.6. In calculating the amount to be refunded to you:
8.6.1. the maximum amount that we will refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
8.6.2. we may make deductions to reflect any reduction in the value of the products that is the result of unnecessary handling of the products by you. If we make the refund to you before we are able to inspect the products and later discover that you have handled them unnecessarily, you must pay us an appropriate amount.
8.7. We will process any refunds due to you within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us in accordance with this Terms of Service. We will notify you by email once your refund has been processed.
8.8. Nothing in this clause affects any of your rights to reject products other than in accordance with your right to cancel under this clause. If you wish to exercise a right to reject the products, you must notify us and return the products to us in accordance with clause 8.3.
9. COMPLAINTS
If you have any questions or complaints about the products or our services please email us at [email protected].
10. OUR LIABILITY
10.1 References to liability in this clause 10 include every kind of liability arising under or in connection with this Terms of Service including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
10.2 No provision in this Terms of Service shall be deemed to exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, our liability for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
10.3 Subject to clause 10.2, our total liability to you in connection with the sale of a product shall be limited to the total amount actually paid by you for the product.
10.4 Subject to clause 10.2, under no circumstances will we be liable to you for: (i) any loss of profits, sales, business, or revenue; (ii) loss or corruption of data, information or software; (iii) loss of business opportunity; (iv) loss of anticipated savings; (v) loss of goodwill; or (vi) any indirect or consequential loss.
10.5 All products, information and services made available through the Service are provided on an “as is” and “as available” basis. We are not responsible for the correctness of any statement of whatever kind concerning any listing, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any listing.
10.6 We do not give any representation or warranty or assume any liability of any kind whatsoever, express or implied, in connection with this Terms of Service, the Site, the Service or any products, except to the extent such representations and warranties cannot be excluded under applicable law, and no statement anywhere whether oral or writing shall be deemed to be such a representation or warranty.
10.7 The laws of some countries do not allow some or all of the disclaimers, limitations or exclusions described above. This is especially so if you are a consumer. If these laws apply to you, some or all of the above disclaimers, limitations or exclusions may not apply to you and you might have additional rights.
10.8 We shall have the right, but not the obligation, to cancel a sale without notice to you if we reasonably believe that completing the sale is or may be unlawful or that the sale puts us under any liability to any third party or may damage our reputation. Upon notice of our election to cancel the sale, you will promptly return the products to us and we will then refund the total amount paid by you to us in respect of the sale. The refund shall constitute your sole remedy and recourse against us with respect to such cancelled sale.
11. PERSONAL INFORMATION
We will only use your personal information as set out in our Privacy Policy.
12. USE OF OUR SITE AND SERVICE
12.1. We are the owner or the licensee of, or have a valid right to use, all intellectual property rights in the Service and in the images, photographs, illustrations and other content created by us or for us or featured in connection with our Service (including the look and feel, design and graphics of the Site). All such rights are reserved to us. Except as permitted by law, you must not reproduce, distribute, transmit, disseminate, create derivate works of, perform, display or otherwise use in any way any material (or part thereof) on our Site or obtained via our Service.
12.2. If your use of the Service breaches this Terms of Service, your right to use our Service will cease immediately and you must, at our option, return or destroy any copies or other infringing material so created.
12.3. We may update and change the Service from time to time, including making changes to the products available via it, and do not guarantee that the Service, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or part of the Service (including the Site) without notice to you. We reserve the right to restrict the availability of all or part of the Service at our discretion. We shall not be liable to you or any third party for any modification to or withdrawal of the Service.
12.4. 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.
12.5. 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 to the Site on any website that is not owned by you and you must not frame the Site on any other website.
12.6. We reserve the right to withdraw linking permission without notice.
12.7. Where our Site contains links to other websites and resources provided by third parties, these links are provided for your convenience and information only. Such links should not be interpreted as endorsements by us of those linked websites. We have no control over the contents of those websites and disclaim any liability, and accept no responsibility, for the content of any website referred to or accessed through our Site.
12.8. If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Terms of Service.
12.9. If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at the email address given in clause 1 above.
13. FINAL PROVISIONS
13.1. We may amend this Terms of Service from time to time. Every time you wish to use our Site, please check this Terms of Service to ensure you understand the terms that apply at that time.
13.2. We may transfer any of our rights and obligations under this Terms of Service to another organisation. You may only transfer your rights or obligations under this Terms of Service if we agree to this in writing.
13.3. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it. If a court invalidates some of this Terms of Service, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
13.4. If you breach this Terms of Service and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach this Terms of Service.
13.5. This Terms of Service and its subject matter and formation (and any non-contractual disputes or claims) shall be governed by the laws of England and Wales.
13.6. Any disputes relating to this Terms of Service shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
SCHEDULE
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To [TRADER'S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]
I/We [] hereby give notice that I/We [] cancel my/our [] contract of sale of the following goods []/for the supply of the following service [*],
Ordered on []/received on [],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date