TERMS AND CONDITIONS OF SALE
BACKGROUND
The Elvaston Group offers a desktop to doorstep service for the
publication of your thesis. We will convert to PDF, print, bind
and deliver your
thesis to the address or addresses of your choosing.
1. DEFINITIONS
In these conditions the following expressions shall have the following
meanings:
1.1 "the Company" shall mean The Elvaston Group Limited
of 9 Elvaston Mews London SW7 5HY and where the context so permits
any sub-contractor of the Company.
1.2 "Thesis" shall mean the printed document containing
the text supplied by the Buyer which the Buyer agrees to buy from
the Company.
1.3 "the Buyer" shall mean the person with whom any contract
to sell the Thesis is made by the Company.
1.4 "the Delivery Date" means the date or dates specified
by the Company when the Company anticipates it will be able to deliver
the Thesis.
2. CONDITIONS APPLICABLE
2.1 These conditions shall apply to all contracts for the sale
of a Thesis by the Company to the Buyer to the exclusion of all
other
terms and conditions including any terms or conditions which the
Buyer may purport to apply under any purchase order confirmation
of order or similar document.
2.2 All orders for a Thesis shall be deemed to be an offer by the
Buyer to purchase the Thesis pursuant to these conditions and shall
be deemed conclusive evidence of the Buyer's acceptance of these
conditions. The Company shall deliver to the Buyer a formal Acceptance
of Order in respect of each order which the Company agrees to accept.
Any order which is not the subject of an Acceptance of Order will
be deemed to be refused.
2.3 Any variation to these conditions (including any special terms
and conditions agreed between the parties) shall be inapplicable
unless agreed in writing by the Company
2.4 Nothing in these conditions shall affect the statutory rights
of any consumer.
3. PRICES
3.1 The price payable for the Thesis shall unless otherwise stated
by the Company in writing and agreed on its behalf be the price
stipulated in the Company's published price list current at the
date of delivery
of the Thesis.
3.2 All thesis printing and binding costs are zero rated for
Value Added Tax.
3.3 The Buyer's obligation is to pay the full price with order
by credit/debit card. Your information is securely processed
by PROTX
VSP (www.protx.com).
4. ADDITIONAL COSTS
The Buyer agrees to pay for any loss or extra costs incurred
by the Company through the Buyer's instructions or lack of
instructions, or through failure
or delay in collection or taking delivery, or through any act or default
on the part of the Buyer. In particular the price under 3.1
includes 3 attempts
at delivery only. It is the responsibility of the Buyer to ensure that
arrangements
exist for the acceptance of the Thesis on delivery.
5. CANCELLATION
OF RIGHTS
Since the Thesis is produced from the Buyer's own text the
Buyer has no automatic right to cancel an order once a formal
Acceptance of Order
has
been sent
electronically to the Buyer. A right to return faulty goods exists
under 7 below.
6. COLLECTION AND DELIVERY
6.1 Delivery of the Thesis shall be made to the Buyer's address
as close as can reasonably be arranged to the Delivery Date.
The Buyer
shall make
all arrangements
necessary to take delivery of the Thesis whenever they are tendered
for delivery. The Delivery Date will always be no more than 30 days
from
the date the Buyer
places the order.
6.2 All times or dates given for delivery of the Thesis are given
in good faith but without any responsibility on the part of the Company.
Time for
delivery
shall not be of the essence of any contract nor shall the Company
be
under any liability for delay whether or not beyond the Company's
reasonable control. Delivery is through Parcel Force whose terms
and conditions
(see
link) are
incorporated into these terms.
7. ACCEPTANCE OF THE THESIS
7.1 The Buyer shall inspect the Thesis on delivery and shall within
three (3) days of delivery notify the Company of any alleged defect,
shortage
or other
shortcoming in the Thesis and any Thesis not the subject of such
notification shall be deemed to have been delivered in accordance
with the contract.
7.2 If the Buyer properly rejects the Thesis as not in accordance
with the contract the Buyer shall at the Buyer's cost return such
Thesis
to the Company
for a full refund.
8. PASSING OF TITLE AND RISK
Title and risk shall pass on delivery of the Thesis.
9. CONDITIONS
AND WARRANTIES
9.1 Every description or specification of the Thesis is given
in good faith based on information received from the printer
of
the Thesis.
9.2 The Company will pass onto the Buyer any benefits obtainable
under any warranty given by the Company's suppliers.
9.3 The Company warrants that the Thesis will at the time of
delivery correspond to the description given by the Company.
9.4 The Buyer warrants that the text supplied by the Buyer
is an original work which the Buyer is entitled to have printed
and bound
and the
Buyer expressly
indemnifies the Company and its agents and contractors against
any loss suffered by the Company arising directly or directly
out of
breach of
this provision.
10. REPRESENTATIONS
No statement description information warranty condition or
recommendation contained in any catalogue price list advertisement
or communication
made verbally by
any of the agents or employees of the Company shall be construed
to enlarge vary or override in any way any of these conditions.
11.
FORCE MAJEURE
The Company shall be entitled to delay or cancel delivery
or to reduce the amount delivered if it is prevented from
or hindered
in or delayed
in manufacturing
obtaining or delivering the Thesis by normal route or means
of delivery through any circumstances beyond its control
including but not limited
to strikes
lock-outs accidents war fire reduction in or unavailability
of
power at manufacturing plant breakdown of plant or machinery
or
shortage
or unavailability
of raw
materials from normal sources of supply.
12. JURISDICTION
The purchase of the Thesis by the Buyer and all matters
rights and liabilities relating thereto shall in all
respects be
governed by
the laws of and
subject to the exclusive jurisdiction of the Courts of
England and Wales.
13 INTELLECTUAL PROPERTY RIGHTS
The content of www.ethesis.co.uk and all intellectual
property rights connected to the site are owned by
The Company.
These rights include,
but are not
limited to the structure of the site and how it works.
It also includes the underlying
software, photographs, graphics, logos and copyright
in the text.
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