Terms and Conditions
Website terms and conditions of sale of Tangled Web Magazine
Tangled Web Magazine is owned and operated by Craig Kelly, a sole trader business
3 General Conditions of Making a Purchase
4 Making a Purchase of Goods or Services on Our Website
5 Age of Consent
6 Price and Payment
8 Our Rights
11 Title and Risk
12 Cancellation and Refunds
13 Limitation of Liability
15 Entire Agreement
16 Force Majeure
19 Your Legal Rights
20 Other Legal Rights
21 Customer Service
22 Governing Law and Jurisdiction
In these terms and conditions, the following words shall have the meaning set opposite:-
“Confirmatory email” means the email sent to you to confirm acceptance of your Order as defined in Clause 4.1.4;
“Contract” means the contract between you and us formed as set out in Clauses 4 (Purchase of Goods/Services on Website);
“Goods” means goods including but not limited to, magazines, anthologies, books, greetings cards, and associated items and general merchandise made available for sale by us;
“Order” means a request by you to make a purchase by submitting the order via the website;
“Personal information” means information about you or a third party provided by you when submitting an order or when using the website;
“Price” has the meaning in Clause 6;
“Purchase” means the acceptance of an order for the purchase of services and/or goods by us, via the website;
“Services” means services including, but not limited to submission fast passes and editorial feedback, available for sale by us via the website;
“Special offer” means an offer or promotion advertised by us;
“Subscription” means a subscription to a publication advertised for sale by us;
“we”, “us” or “our” means Craig Kelly (a sole trader that owns and operates Tangled Web Magazine) at 8 Lady Nairn Avenue, Kirkcaldy KY1 2AN;
“Website” means the website located at www.tangledwebmagazine.com or any subsequent URL which may replace it.
3 GENERAL CONDITIONS OF MAKING A PURCHASE
3.1 These terms and conditions shall apply to all orders and purchases.
3.2 The advertisement of goods or services on the website or in our publications constitutes an “invitation to treat” and your order constitutes a contractual offer. There will be no contract between you and us unless and until we accept your order in accordance with the procedures detailed below in Clause 4 (as appropriate).
3.3 We will not file a copy of these terms and conditions specifically in relation to your purchase. We may update the version of these terms and conditions on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print, and retain a copy of these terms and conditions for your records.
3.4 The only language in which we provide these terms and conditions is English.
4 MAKING A PURCHASE OF GOODS OR SERVICES ON OUR WEBSITE
4.1 To make a purchase on our website, you need to take the following steps:
4.1.1 Click on the goods or services you wish to purchase;
4.1.2 Input the quantity of the goods or service selected that you wish to purchase, and then click “Add to Basket”;
4.1.3 once you have finished shopping, click “checkout”, review your order, make changes to your order (if necessary), complete the delivery and payment details, indicate your agreement to these terms and conditions, then click on “Confirm Payment”;
4.1.4 You will then be transferred to our secure third-party payment gateway to process your payment details. We will then send you an initial acknowledgement by email to confirm that your order is being processed and once we have checked whether we are able to meet your order and whether payment has been successful, we will either send you an order confirmation by email (“Confirmatory Email”) (at which point your order will become a purchase and shall conclude the contract between you and us) or alternatively, we will confirm by email that we are unable to meet your order. Where we are unable to accept your order due to the requested goods or services (as appropriate) being out of stock or unavailable, we will aim to advise you when we expect the requested goods or services to be in stock/available and you will be given the opportunity to proceed with the order. If you want to proceed with the order notwithstanding that there will be a delay in delivery of the goods or services due to them being out of stock or unavailable, we will send a confirmatory email at which point your order will become a purchase and shall conclude the contract between you and us;
4.1.5 Once the confirmatory email has been sent to you, we will deliver the goods/services in accordance with Clause 10.
5 AGE OF CONSENT
5.1 Goods and services sold through the website are only available to people over 16 years of age. By submitting an order, you are confirming to us that you are of an appropriate age to purchase the goods or services requested.
5.2 If we discover or are of the opinion (as to which we shall have sole discretion) that you are not entitled to order certain goods or services, we shall be entitled to cancel the order immediately, without notice.
6 PRICE AND PAYMENT
6.1 The price of the goods and services shall be that stipulated on the website or as otherwise advised by us to you via an advertisement. The price is inclusive of VAT (currently, we do not meet the threshold to pay VAT). We will verify prices as part of our sale procedures so that the correct price will be stated when you pay for the goods and/or services.
6.3 Payment must be made prior to your order being accepted and a contract being formed.
6.4 You will have different payment options available to you when purchasing a goods and/or services and these will be brought to your attention during the ordering process and before the contract between you and us is concluded.
6.5 When making a purchase via our website, payment must be made in Sterling either by credit or debit card. All card transactions are processed through a secure payment gateway. All credit/debit card purchases 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 for a particular purchase, we will not accept your order.
8 OUR RIGHTS
8.1 We reserve the right to withdraw any goods or services from the website at any time.
8.2 We shall not be liable to anyone for withdrawing any goods or services from the website or for refusing to accept an order.
8.3 We have a right to revise and amend these terms and conditions (including price) without notice. However, any changes will not affect contracts which have already been concluded in accordance with Clause 4.
9.1 We cannot describe every detail of the goods or services on the website and each description is therefore abbreviated and is correct at the time of its input.
9.2 We expressly exclude warranties, conditions, or terms whether implied by statute, common law or otherwise to the fullest extent permitted by law. Any recommendation or suggestion relating to any of the goods or services made by us is given in good faith, but it is for you to satisfy yourself as to the suitability of the goods and/or services for your purposes.
9.3 You warrant and undertake to us that: (a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms and conditions; (b) the information provided in your order is accurate and complete; and (c) you will be able to accept delivery of the goods and services.
10.1 Unless we agree, or stipulate on a product page, otherwise, with or to you, goods and/or services supplied within or outwith the UK will be delivered within 30 days of conclusion of the contract.
10.4 We shall use our reasonable endeavours to meet any date agreed for delivery. Notwithstanding the foregoing, we shall not be liable for any losses, costs, damages or expenses incurred by you or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
10.5 Delivery of the goods or services (if appropriate) shall be made to the delivery address/email address specified in the order and you shall make all arrangements necessary to take delivery of the goods or services whenever they are tendered for delivery.
11 TITLE AND RISK
11.1 The goods will be at your risk from the time of delivery. Ownership of the goods will only pass to you upon the later of: (a) delivery of the goods; and (b) receipt by us of full payment of all sums due in respect of the goods.
11.2 We will be entitled to recover payment for the goods where the goods have been delivered to you even where ownership has not passed to you.
12 CANCELLATION AND REFUNDS
12.1 You may cancel a contract for goods, without cause, and receive a full refund of the price, provided you notify us by email of said cancellation within 7 days from the day after you receive the goods. In the case where goods have been delivered to a third party on your behalf, the cancellation period shall apply from the day after the day the third party receives the goods. All cancellation notices should be directed to the contact details set out in Clause 21.
12.2 You may cancel a contract for services e.g. editorial review, fast pass submission, without cause, and receive a full refund of the price, provided you notify us by email of said cancellation within 7 days from the confirmatory email sent in accordance with Clause 4. Notwithstanding this Clause 12.2, where you have agreed to, and have received, the services before the expiry of the 7 day cancellation period, your rights to cancel the contract will cease upon receipt of the services. All cancellation notices should be directed to the contact details set out in Clause 21.
12.3 In the event that you serve a valid notice of cancellation in accordance with Clauses 12.1 or 12.2, We shall provide you with a full refund of the price within 30 days of receipt of notification. It is your responsibility to return any goods within twenty-one (21) days of cancellation.
13 LIMITATION OF LIABILITY
13.1 We shall not be liable to you for any indirect or consequential losses whatsoever or howsoever arising.
13.2 Our entire and aggregate liability to you shall in no circumstances exceed the price of the purchase giving rise to the claim. Nothing in these terms and conditions shall exclude or limit your or our liability for death or personal injury caused by negligence or breach of statutory duty.
No failures to exercise and/or delay by us (whether express or implied) in enforcing any of its rights under this contract shall operate as a waiver thereof. A waiver by us of any breach of the terms and conditions shall not prevent the subsequent enforcement of that provision and shall not be deemed to be a waiver of any subsequent breach of that or any other provision.
15 ENTIRE AGREEMENT
15.1 These terms and conditions at the time of submitting the order and any other document referred to herein constitute the entire and only agreement between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous agreements, undertakings, arrangements, understanding or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter.
16 FORCE MAJEURE
We shall not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, terrorism, breakdown technology, telecommunications failure, epidemic, perils of the sea or air, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion or civil authority, including acts of local government and parliamentary authority; disputes of whatever nature and for whatever cause arising including but without prejudice to the generality of the foregoing, work to rule, overtime bar, strikes and walkouts. We shall endeavour to notify you as soon as possible should any such events or circumstances occur.
You are not allowed to assign, novate, delegate or sub-contract any of your rights and obligations under these terms and conditions. We may assign, novate, delegate or sub-contract any of our rights and obligations under these terms and conditions at our discretion.
If any term or provision of these terms and conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these terms and conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
19 YOUR LEGAL RIGHTS
Nothing in these terms and conditions affect your rights at law (including your right to receive a refund in respect of any defective goods and/or services we sell to you).
20 OTHER LEGAL RIGHTS
For more information about your other statutory rights, please visit the Department of Trade and Industry’s Consumer Gateway Website at: www.gov.uk/consumer-protection-rights
21 CUSTOMER SERVICE
In the event of a query or complaint about the website or us, please email firstname.lastname@example.org or contact us at the addresses noted below.
Tangled Web Magazine
8 Lady Nairn Avenue,
Craig Kelly is a sole trader, and owner and operator of Tangled Web Magazine.
22 GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with the law of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.
I understand and accept these Terms and Conditions.