These Terms and Conditions (“Conditions”) form a legal agreement between you and Clash Magazine Limited, a company incorporated in Scotland under the Companies Acts (Registered No: SC233424) and whose registered address is 143C Nethergate, Dundee, DD1 4DP (“we”, “us” or “our”).
1.1 We reserve the right to change these Conditions at any time by posting changes online. You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. Your continued use of this Website after changes are posted constitutes your acceptance of these Conditions as modified by the posted changes.
1.2 Reference to any statute, enactment, order, regulation or other similar instrument shall be construed as a reference to the statute, enactment, order regulation or instrument as amended or as contained in any subsequent re-enactment thereof.
1.3 All headings in these Conditions are for ease of reference only and shall not affect the interpretation or construction of the Conditions.
2.1 When you place an order to purchase a subscription, back issue or merchandise (“Goods”) directly from this Website (“Order”), we will send you an e-mail confirming receipt of your Order and containing details of your Order, together with other information required under the Consumer Protection (Distance Selling) Regulations 2000. Your Order represents an offer to us to purchase a product which is accepted by us only when your credit card/debit card/other payment is received.
2.2 If your Order is not accepted, we will contact you and explain why your Order has been declined.
3.1 The prices displayed on the Website include delivery costs. There is no VAT payable on magazine subscriptions. Please note that all purchases are made in Sterling. For overseas orders, the price you pay will be dependant on the exchange rate of your credit card company and may fluctuate.
3.2. Payment can be made by credit or debit card and is processed by a third party payment provider. The payment provider currently accepts most major credit cards and debit cards including Visa, Mastercard, American Express, Visa Debit, Switch, Solo and Delta, however this may change and is at the sole discretion of the payment provider.
3.3. If using a debit or credit card it must be your own and there must be sufficient funds to cover the price. All credit forms/credit and debit card purchases are subject to validation checks and authorisation by the card user. If the user of your payment card refuses to or does not for any reason authorise payment we shall not accept your Order. Payment will be payable in advance of any purchase and/or subscription.
4.1. Subscriptions will begin from the next available issue from your Order being accepted. Your Order will be processed as quickly as possible, however please allow up to 28 days for delivery of your first issue.
4.2. All further issues will be mailed to you on, or around, the on sale date of the magazine.
4.3. If you are renewing a subscription it will start when your current subscription expires, or immediately if it has already expired.
4.4. If your subscription comes with a free gift, please allow up to 28 days for delivery of your gift from acceptance of your order.
4.5. If you order back issues or merchandise, please allow up to 5 working days for delivery from acceptance of your Order.
5. REFUND AND CANCELLATION POLICY
5.1 As part of our guarantee of value, if you wish to cancel your subscription at any time you can do so. We will refund the balance on your account within 30 days of receipt of notification of cancellation, taking into consideration the following:
(i) Where you have received a discounted subscription over an agreed term, all mailed issues will be charged to your account at full cover-price.
(ii) If you have received a free gift as part of your order, the full-price of the gift and postal charges will be deducted from any money due to you.
5.2 Any merchandise or back issues purchased via this Website can be cancelled up to 7 working days after the day on which you receive such Goods. If you wish to cancel an Order you can do so by emailing the email address noted in Clause 18. Notification that your Order has been cancelled will be sent to your email address.
5.3. Refunds will be given in respect of an Order which is cancelled and returned to us unopened, unused and in original packaging or in respect of faulty Goods which have been delivered to you as damaged, within 30 days of cancellation, provided you return the goods within 14 days of cancellation subject to Clause 6.4. If returning Goods we would recommend that they are packaged properly and you retain receipt of posting as we can only refund on products we receive.
5.4 Please notify us of any shortage, damage, or defect in Goods within 7 days of delivery or you will have been deemed to accept the Goods. We will refund the reasonable costs of returning any Goods which are faulty and/or damaged provided you can produce a receipt. The reasonable cost of returning the Goods will be refunded within 30 days of us receiving the returned Goods and receipt. We will not refund the cost of returning Goods under any other circumstances.
6. DISCLAIMER REGARDING MERCHANDISE AND PRODUCTS VIA THIRD PARTIES
6.1 Merchandise, products or services may be provided to you by third parties accessed through links including banner advertising on this Website. Neither we nor any of our officers, directors, shareholders, employees, agents, affiliates, sponsors, licensors or the like, make or give any representation or warranty or condition, either express or implied, to you regarding any such merchandise, products or services nor the content of any third party provider’s website nor the accuracy or completeness of any third party provider’s representations nor the legality, reliability, quality or suitability of any third party providers or their merchandise, products or services.
6.2 Your transactions with any third party provider are solely between you and the third party provider and are subject to any terms and conditions that may apply to such transactions. You agree to pay all charges incurred by you with any third party provider. You will also be responsible for paying all applicable taxes (if any) relating to such charges.
7.1 Except where otherwise noted, the contents of this Website including the design, text, graphics, source code and arrangement of the pages are our property and are our copyrighted material or that of the relevant content providers. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
7.2 In accessing our Website, you agree that you may only download the content for your personal non-commercial use. We reserve the right to withdraw this authorisation at any time by notice on this Website.
7.3 You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of our web pages for any other purpose whatsoever without our prior written permission.
8. UNREGISTERED AND REGISTERED TRADE MARKS
The names, images and logos identifying us or third parties and their products and services contained on this Website are our proprietary marks and/or our licensors. Nothing contained herein shall be construed as conferring by implication, or otherwise any license or right under any trade mark or patent or copyright.
9 THE WEBSITE
9.1 We reserve the right to modify or withdraw temporarily or permanently the Website or any part thereof with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website and/or change to these Conditions from time to time. It is your responsibility to check regularly to determine whether these Conditions have been changed each time you use the Website.
9.2 You agree to use this Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this Website by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this site.
9.3 The material and content contained within the Website is made available for you as a user of the Website for the purposes of browsing or purchasing Goods. You may, if necessary to make a purchase, download such material and content for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to assist or facilitate any third party to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content of the Website. You further agree that you shall not and shall not assist or facilitate any third party to, systematically extract and or reutilise parts of the content of the Website and 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 reutilisation any substantial parts of this Website. You may not create and/or publish your own database that features substantial parts of this Website.
11 LIMITATION OF LIABILITY
11.1 This Website and the information, names, images, pictures, logos and icons regarding or relating to us, our products and services (or to third party products and services), is provided “AS IS” and on an “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
11.2 In no event will we be liable for any damages including, without limitation indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other delict action, arising out of or in connection with the use of the Website. We do not warrant that the functions contained in the material contained in this Website will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials.
11.3 Subject to this Clause 11, and except insofar as our liability may not be excluded or limited by law, you acknowledge and agree that our aggregate liability whether under these Conditions or otherwise shall be limited to the total price paid for the Order.
11.4 Nothing in these Conditions shall attempt to exclude liability for death or personal injury arising from our negligence or breach of duty or for fraudulent misrepresentations.
12 EXCLUSION OF WARRANTIES
Except as otherwise expressly provided, we make no representations or warranties and expressly excludes the same whether express, implied or otherwise in so far as we are not prevented by legislation from so doing.
If any of these Conditions should be determined by any competent authority to be illegal, invalid or otherwise unenforceable to any extent, then to the extent which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from these Conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
14 ENTIRE AGREEMENT
These Conditions and the documents referred to in it, represent the entire agreement and supersedes any previous agreements, arrangements, or understandings between the parties relating to the subject matter of these Conditions and may only be amended by the written agreement of both parties hereto.
Failure or neglect by us to enforce at any time any of the provisions hereof shall not be construed, nor shall be deemed to be a waiver of our rights hereunder, nor in any way affect the validity of the whole or any part of these Conditions nor prejudice our rights to take subsequent action.
These Conditions are personal to the parties and you are not entitled to novate, assign or transfer or otherwise deal in any of its rights and/or obligations under these Conditions or purport to do the same, without our prior written consent.
Nothing in these Conditions is evidence of a joint venture or partnership. Neither party shall give any undertaking on behalf of the other.
If you have any questions about your Order or use of this Website, please email [email protected].
19 FORCE MAJEURE
Neither party shall be in breach of these Conditions, nor liable for any failure or delay in performance of its obligations under this Conditions arising from or attributable to acts, events, omissions or circumstances beyond its control, including but not limited to, acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion or civil authority including acts of local government and parliamentary authority; breakdown of equipment; telecommunication failures; war; terrorism; extreme adverse weather conditions; and labour disputes of whatever nature and for whatever cause arising including, without prejudice to the generality of the foregoing, work to rule, overtime, strikes and lockouts.
20 STATUTORY RIGHTS
These Conditions do not affect your rights under the law and for information on what these rights are, we would suggested that you contact your local Citizen’s Advice Bureau.
Unless otherwise stated in these Conditions, any notice required to be given under these Terms and Conditions by either party to the other shall be by email and shall be served by sending the same by email to you.
These Conditions shall be governed by and construed in accordance with the laws of Scotland. Disputes arising hereunder shall be exclusively subject to the jurisdiction of the courts of Scotland.