Terms & Conditions
The following terms and conditions are for use of the publications and associated websites (“Site”) which are owned and produced by West Midlands History Limited (co. reg number 05833453) (“West Midlands History” or “we”) West Midlands History Limited, Minerva Mill Innovation Centre, Station Road, Alcester B49 5ET. You may access the Site in several ways, including but not limited to the World Wide Web, PDA, mobile phone and RSS feeds.
By accessing or using our Site in any way, you agree to be bound by the provisions set out below. If you do not agree to be bound in this way, do not continue to access or use our Site. We may modify these provisions at any time. Any such modifications are effective immediately from the time they are included on our Site. You agree to review these provisions regularly to ensure you become aware of any modifications to them.
You can contact us on:
Order enquiries, tracking and returns: firstname.lastname@example.org
Customer Service, general enquiries and distribution queries: email@example.com
Eligibility to purchase
To be eligible to purchase goods on this Site and to lawfully enter into and form contracts on this Site under English law you must: (a) be aged 18 or older; and (b) register on the Site; and (c) be the holder of a valid debit/credit card.
The official language of this site and any contract between us is English.
All prices indicated for products available via the Site are inclusive of VAT (where applicable) at the current rates and are exclusive of delivery charges. The total cost of your order is the price of the products ordered and delivery charges as set out in the Delivery section of the Site.
We will take all reasonable care to ensure that all details, descriptions, images and prices of products appearing on the Site are correct at the time when the relevant information was entered onto the system; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours or other content available on the Site are accurate, complete, reliable, current, or error-free. Although we aim to keep the Site as up to date as possible, the information including product descriptions appearing on this Site at a particular time may not always reflect the product 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 (below).
The products and services available on the Site and any samples of them that we may provide to you, are for personal use only. You may not sell or resell any of the products that you purchase or otherwise receive from us. Please note that samples are subject to availability. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
Placing an Order and Order Acceptance
You will be guided through the process of placing an order by a series of simple instructions on the Site. You will be offered the opportunity to review your proposed order and confirm or correct it prior to finally placing your order. You place your order request for goods from our Site by clicking on the Submit button at the end of the on-line order process. Once you have placed your order, we will send to you an email acknowledgement providing you with the details and value of your order, which has been debited to your credit/debit card. This is not an order acceptance from us.
Unless we have notified you that we do not accept your order or you have cancelled your order by contacting us prior to dispatch, our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the goods ordered by you. To cancel your order after it has been dispatched to you, you will need to follow the Returns Procedure on our website.
If you require a VAT invoice or if you require any information regarding your order(s) please contact us.
You may pay using any of the methods specified in the Payment section of the checkout. You confirm that the payment method, credit or debit card that is being used is yours or that you are otherwise authorised to use them. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.
Title to Goods
We will retain the legal ownership of the goods until full payment has been made by you and such payment has been received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
Risk of Loss
Risk of the goods will pass to you upon delivery to you.
We will deliver the goods in accordance with the delivery option selected by you during the order process. Any delivery timescales quoted to you are indicative only. Orders may be delivered in one or more parts. We do not accept any liability whatsoever for delayed delivery caused by any third party which will include postal or delivery services.
Acceptance of Goods
Upon receipt, you must inspect the goods. You will be deemed to have accepted the goods unless you notify us that you have cancelled the order and/or you return the goods to us in accordance with the information on delivery note. If no such action is taken, we shall not be obliged to accept any rejection of the goods at a later date. Your statutory rights are not affected.
Providing that you notify us of your intention to return items within 14 days of receipt, you may return re-saleable items within 28 days of receipt at your own cost for a refund of the original cost from us. If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please contact us at firstname.lastname@example.org
Subject to what is said below, material from the Site may be downloaded, viewed, listened-to, printed, copied on the hard disk of your computer (but not photocopied) and used for: your own personal, non-commercial purposes; internal business purposes; or the non-commercial purpose of using the Site as a personal information resource in good faith ONLY.
Single copies of pages from the Site may be printed out for the sole purposes of enabling the person printing the page to retain a copy for their own personal records. Any other type of use (and, in particular, any copying or distribution of material from the Site for any commercial or business purpose) requires the prior written agreement of West Midlands History.
You agree not to change and/or delete any content, web design and/or layout contained in that material. Any other use of materials on this web site, including modification, distribution or republication, are strictly prohibited.
RestrictionsYou agree that you will not use the Site:
- for the posting, uploading, emailing or other transmission of any material which infringes the rights of any person or which is unlawful in any other respect;
- in any way which is abusive, defamatory or obscene or which will harass, distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Site by any person;
- in any way which will compromise the privacy or data protection rights of any person;
- for the posting, uploading, emailing or other transmission of any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation or commercial exploitation;
- for the posting, uploading, emailing or other transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment;
- to create a database (electronic or otherwise) that includes material downloaded from the Site;
- to transmit or re-circulate any material obtained from the Site to any third party; or
- in any way that might bring West Midlands History or any of its related companies or employees into disrepute.
This Section shall apply where you register with West Midlands History for use of the Site or for access to printed publications.
You agree to provide true, accurate, current and complete information about yourself as requested by West Midlands History in the registration form ("Registration Information"). You agree to maintain and promptly update the Registration Information to keep it true, accurate, current and complete. You agree to keep any password for your access to the Site confidential and agree not to permit anyone else to have access to it. Furthermore, you agree to be fully responsible for all activities that occur under your password.
You agree to immediately notify West Midlands History of any unauthorised use of your password.
Removal of material and cancellation of access to the Site
West Midlands History shall have the right to cancel your registration and/or refuse you access to the Site at any time and for any reason without giving you any advance notice and West Midlands History shall not be liable for any losses or damages whatsoever (other than losses or damages for death or physical injury arising out of the negligence of West Midlands History or its employees or liability for fraud) arising from your inability to access any of the pages on the Site.
West Midlands History shall have the right at any time and for any reason to remove from the Site any material posted, uploaded, emailed or otherwise transmitted by you without giving you any advance notice and West Midlands History shall not be liable for any losses or damages whatsoever (other than losses or damages for death or physical injury arising out of the negligence of West Midlands History or its employees or liability for fraud) arising from the removal of such material.
West Midlands History will not view or edit or pre-screen any contribution that you or anyone else make to the interactive pages of the Site and therefore, unless West Midlands History is specifically notified of the nature of any item of content, you cannot assume that they are responsible for having made it available on the Site. West Midlands History shall have the right (but not the obligation) to refuse or remove any content that is posted to, or made available on, the forums or the website without the need to give any reasons for doing so.
If you object to the publication of any material placed on the Site please let West Midlands History know by calling +44 (0) 1789 766098 or by sending an appropriately worded email to email@example.com and they will take whatever action they deem appropriate.
The copyright, and other rights, in some of the material appearing on the Site may belong to a third party. It is your responsibility to obtain any licences or permissions that may be required to use such material and you agree to pay any costs or expenses incurred by West Midlands History which arise as a result of your failure to obtain such licences and permissions.
Whilst every effort has been taken to ensure the accuracy of the information provided by West Midlands History and its employees in these pages, the contents of the Site reflect the opinions of the writers, they do not necessarily reflect the views and opinions of West Midlands History or any of its brands, they are personal to the writer and are naturally subject to change from time to time. It is the responsibility of users to check the accuracy of relevant facts and take appropriate professional advice before entering into any commitment based upon them.
West Midlands History cannot guarantee that your use of the Site will be free from error and/or uninterrupted. West Midlands History, its directors, its employees and its representatives exclude, in so far as it is legally possible, all liability and responsibility for any damages (other than liability for death or physical injury arising out of the negligence of West Midlands History or its officers) including, but not limited to, indirect or consequential damages, damages for loss of opportunity or chance, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of, or in connection with, any information on the Site or any other Internet sites or the use thereof.
Some of the pages on the Site include material (including, but not limited to, advertisements) posted by third parties. Individual users and advertisers are solely responsible for the content of advertising and other material which they submit to West Midlands History and for ensuring that such content complies with all relevant legislation. West Midlands History accepts no responsibility for the content of material posted by third parties, including, without limitation, any error, omission or inaccuracy in them.
On some of the pages of the Site users may be given the opportunity of entering into agreements with third parties. West Midlands History is not a party to those agreements, does not act as an agent for those third parties (who, in turn, do not act as agents for West Midlands History) and West Midlands History is not liable in relation to, and takes no responsibility for, any contract entered into by users with any third party.
Some of the pages on the Site include links to external websites. These links are included to give users the opportunity to access other pages that it is felt may be of assistance to them.
We do not accept any responsibility for the information practices of a web site you are able to access through a link on our Site. We make no representations about any other web sites which you may access through links on our Site.
The inclusion of a link to a third party web site contained on our Site does not mean that we endorse that third party web site.
A third party web site accessed from a link on our Site is independent from us and we have no control over the content and/or management of that web site. You view and rely upon the contents of any such third party web site at your own risk. We accept no liability to you for the contents of and/or information on any third party web site.
We shall have no liability to you for any loss or damage you may suffer if you enter into any contract as a result of viewing a third party web site linked to our Site.
We do not guarantee that any links to third party web sites contained on our Site will function correctly.
You are not entitled to create a link to any part of our Site without our prior written consent.
Advertising and promotion
Some of the pages on the Site include advertising banners and other promotional messages that link to other Internet sites. By registering to use the Site, users may also be shown history-related advertising adjacent to Site content.
West Midlands History is not responsible for the content of advertisements, hyperlinks from advertising or the content of other Internet sites.
The Internet is not a secure medium and privacy cannot be assured. We cannot accept any responsibility for any harm or damage you may experience or incur by sending personal or confidential information to us over the Internet or if we send you such information at your request.
Please note that any e-mail sent to or from us via this Site and any attachments will not be encrypted. They may therefore be liable to be compromised. This is an inherent risk in relation to e-mail.
We do not, to the extent permitted by law, accept any liability (whether in contract, negligence or otherwise) for any external compromise of security and/or confidentiality in relation to transmissions sent by e-mail.
Please note that viruses and similar destructive programs are an inherent risk of communication via the Internet.
We will use our reasonable endeavours to prevent contamination of any material sent to you with any virus or similar destructive code.
Whilst effort has been taken to ensure that the pages of the Site are free from viruses, West Midlands History gives no warranties that they are indeed free from viruses and users are responsible for ensuring that they have installed adequate virus checking software.
West Midlands History excludes, in so far as it is legally possible, all liability and responsibility (other than liability for death or physical injury arising out of the negligence of West Midlands History or its officers) for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of:
(a) the pages on the Site or any other Internet sites; or
(b) any material downloaded from the Site or any other Internet sites.
It is your responsibility to scan what you choose to download from our Site to ensure that it is free of such items as viruses, worms, trojan horses and other similar destructive code.
The names, images and logos identifying West Midlands History or third parties and their products and services, are the proprietary marks of West Midlands History, and/or may be the proprietary marks of third parties. Any use made of these marks may be an infringement of rights in those marks and West Midlands History reserves all rights to enforce such rights that it might have.
All web site design, text, pictures, graphics and the selection and arrangement of them and all software compilations, coding, underlying source code, software and all other material on this web site are copyright 2009 West Midlands History Limited unless otherwise acknowledged. ALL RIGHTS ARE RESERVED.
Infringement of our copyright in this Site or the materials associated with this Site may lead to criminal and/or civil sanctions in the UK, US and other countries.
If you believe that any content of our Site in any way infringes intellectual property rights belonging to you or any third party, please contact us immediately.
If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from the terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
Neither we nor any of our affiliates, directors, employees or other representatives will be liable for losses arising out of or in connection with the use of this Site.
We are only providing this Site and its contents on a “as is” basis and we make no (and expressly disclaim all) representations and/or warranties of any kind with respect to this Site or its contents including without limitation warranties of merchantability and/or fitness for a particular purpose. In addition we do not represent or warrant that the information accessible from or via this Site is accurate, complete or current.
The limitations of liability in relation to this Site apply to all damages and losses of any kind, including, without limitation, compensatory, direct, indirect or consequential damages, loss of data, income, production or profit, loss of or damage to property and claims of third parties and whether in contract, tortious liability or otherwise.
The limitations of liability in relation to this Site do not limit our liability to the extent that it cannot be limited and/or excluded by applicable law including but not limited to liability for death or personal injury due to negligence or liability due to our fraud.
You are liable for any telephone charges and any charges made by your internet service provider as a result of your use of the internet service.
Any rights not expressly granted by us are reserved.
The Site has been created with UK users in mind and therefore its content may not be appropriate or lawful outside of the UK. Users from outside of the UK should therefore verify for themselves whether or not it is appropriate for them to access the Site.
The terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from matters relating to the Site shall be exclusively subject to the jurisdiction of the courts of England and Wales.
West Midlands History Limited
West Midlands History Limited is a company registered in England and Wales under number 0583345 whose registered office is at Minerva Mill Innovation Centre, Station Road, Alcester, B49 5ET, UK (VAT number: 150 3222 63)