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STORE POLICY

E-Commerce Policy
Payment Methods

This contains the terms and conditions (Terms) on which I supply the products (Products) listed on my website to you. Please read these Terms carefully before ordering Products from the Website. By ordering any Products from the Website you agree to be bound by these Terms.

 

This website is owned by Elizabeth Stephens: Kings Lynn - PE30 1NR, esstephensauthor@gmail.com. It operates as a Sole Trader under independent business law.

 

Your Status

By placing an order through the Website you warrant that you are old enough to enter into a contract for the purchase of goods or services in the place that you live, and that you are old enough to buy any age-restricted items in your order. You confirm that you will not purchase items you are aware to be prohibited in your country of residence with regards to shipping or ownership. 

 

Formation of Contract

Once you have placed an order you will receive an email from acknowledging receipt of your order. Please note that this does not mean your order has been accepted. Your order constitutes an offer to buy Products from me. All orders are subject to acceptance by me, and I will confirm such acceptance to you by sending you an email that confirms that the Products have been despatched (Despatch Confirmation). The contract between us (Contract) will be formed at the earlier of (i) the point when I send you the Despatch Confirmation, or (ii) the point when I despatch the Products to you.

 

The Contract will relate only to those Products whose despatch we have confirmed in the Despatch Confirmation. I will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.

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I reserve the right to: 1 decline any order (or part of any order) where the Products are unavailable for any reason; 2 decline any order (or part of any order) where the Website has contained obvious errors or inaccuracies in relation to the description of a Product or the pricing of a Product, 3 place restrictions on the volume of any Product ordered where the availability of a Product is limited; and 4 place restrictions on the volume of any Product ordered in accordance with my standard procedures relating to compliance with the laws and regulations in your territory.

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Ownership

You will become the owner of the Products when they have been delivered to you. Once Products have been delivered to you they will be held at your risk and we will not be liable for their use, loss or destruction.

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Price & Payment

Prices of Products may change at any time, but changes will not affect orders which you have placed that have been confirmed by the Despatch Confirmation. Prices of Products may be subject to certain sales taxes depending on where in the world the order is to be shipped.

 

The prices stated on the Website at the point of checkout will include a calculation of such sales tax. If you are responsible for paying tax and that tax has not been collected by us, it is your responsibility to pay such tax as applicable. 

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Prices of Products exclude delivery costs which will be added (if applicable) to the total amount due prior to the point of checkout of your order. Details of delivery charges can be found in the Shipping Rates part of your cart upon checkout but before payment.

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Payment for all Products must be made using one of the methods made available at the point of checkout.

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Delivery
  • The Products will be delivered to the address specified in your order and in accordance with the delivery option selected at the point of checkout.

  • Whilst I will take reasonable steps to ensure that your order is despatched and delivered on time, please be aware that despatch and delivery times are estimates only, and that time of despatch or delivery is not of the essence of any Contract. Where any Product is manufactured or produced to order by you, an estimated delivery time will be specified in the product description. By placing an order for a Product manufactured or produced to order, you acknowledge that delivery may be subject to substantial lead times. You will be informed of any substantial delays.

  • I may defer the date of despatch or delivery or cancel any Contract, or remove from your order any Products ordered by you (without liability) if I am prevented or delayed in the carrying on of my business, due to events or circumstances beyond my reasonable control, including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, extreme weather conditions, flood, epidemic, pandemic, lock-outs, strikes or other labour disputes, fuel shortages, restraints or delays affecting carriers, or inability or delay in obtaining supplies of adequate or suitable materials.

  • I will use reasonable endeavours to ship all of your order together in one shipment. However, I reserve the right to ship your order in instalments should some components of your order be unavailable for delivery, or have delayed availability, when you place your order, or if your order is too big to deliver in one shipment. In these circumstances, you will be charged a single delivery fee for the whole of your order.

  • I will use all reasonable endeavours to ensure that the Website displays the correct availability of Products for ordering. To the extent that I am reasonably able to do so, I will identify any limitations on availability (that I am aware of at that time), such as temporarily out of stock Products, in the relevant Product listing page. 

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Cancellation, Compensation & Returns

As a Sole Trader, I am under no obligation to cancel a Contract at your behest. Once an item is shipped it is no longer refundable. 

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  1. If you discover a problem with the Products you have ordered (for example, they are defective for any reason), you must send the defective items back to me (at the customers cost) to the returns address specified in my response to your communication of the defect. Products returned by you because of a defect under this condition will be examined by me. Where evidence of a defect is found we will notify you of your entitlement to (at your option); (i) a replacement Product, or (ii) a refund for the defective Product. Where a refund is requested, I will process the refund due to you as soon as possible and, in any case, within 30 days of the day I confirmed to you that you were entitled to a refund for the defective Product.

  2. I will usually refund any money received from you by using the same method originally used by you to pay for your purchase.

  3. Save as precluded by law, I will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of, or in connection with, any defect with a Product, and I shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Product in question.

  4. The consumer of the product is expected to have read and understood the description and all other Product information. No compensation can/will be made due to negligence. Products containing allergenics or instructions of use are clearly labelled.

  5. In the event that a product causes unexpected damage within the aspect of Fair Use a communication can be raised to: esstephensauthor@gmail.com

  6. Products purchased are used at the consumer's risk.

  7. Nothing in these conditions is intended to limit any rights you might have as a consumer.

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Import Duties

 It is possible that your order may be subject to import duties and taxes which are levied when the Products reach specified destinations. Unless I expressly state otherwise, you will will be responsible for payment of any applicable import duties and taxes or similar. Please note that I have no control over these charges and cannot predict their amount.

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Downloaded Content

When you download any electronic download Products from this Website (Download), I grant to you a personal and non-exclusive licence to use that Download in accordance with our T&Cs. 

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You may only store Downloads on devices that you own. You may print one copy of any Download provided you retain it for personal use only and do not facilitate its copying or distribution by, or amongst, third parties.

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 For the avoidance of doubt, you must not:

  • provide or share the Download with any individual, company or partnership;

  • make the Download available on bit-torrent sites or elsewhere on the internet;

  •  distribute copies of any Download (in any format); or

  • attempt to reverse engineer, bypass, alter, amend, remove or otherwise make any change to any copy protection technology that may be applied to the Download.

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You acknowledge and accept that all copyrights, trademarks and other intellectual property rights in the Download shall remain the sole property of Elizabeth Stephens

 

Should you breach any of the provisions of these Conditions your license to use or store the Download shall automatically terminate and you must permanently delete the Download from any device upon which you have caused it to be stored. You should be aware that any unauthorised use of a Download in breach of these conditions shall be treated as an infringement of our intellectual property rights and dealt with accordingly.

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 To the extent that there is any conflict or contradiction with this and any other condition in these Terms this shall prevail to the extent that the conflict or confusion relates to Downloads.

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 Some Downloads are available for purchase through this Website, but the Download itself will be available for download (Electronic Delivery) through selected third parties. In this circumstance, we shall direct you to the third party’s website for Electronic Delivery of the Download. We will provide you with appropriate means (a unique code or similar) to complete the Electronic Delivery of the Download via the third party’s website. Where you receive Electronic Delivery of a Download through a third party website, the terms and conditions of the third party website shall apply to such Electronic Delivery.

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General

The Contract is binding on you. You may not transfer, assign or otherwise deal with or any of your rights or obligations arising under the Contract.  If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

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These Terms, together with our Privacy Notice and Terms of  Use, and any other document expressly referred to in these documents, constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract. We each acknowledge that, in entering into a Contract, neither of us relies on any statement, representation, assurance or warranty of any person (whether a party to that Contract or not) other than as expressly set out in these documents. Nothing in this clause shall limit or exclude any liability for fraud.

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Failure or delay by me in enforcing or partially enforcing any provision of a Contract shall not be construed as a waiver of any of my rights under the Contract. Any waiver by us of any breach of, or default under, any provision of a Contract by you shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.

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I have the right to revise and amend these Terms from time to time. The latest version of these Terms will be available on the Website. You will be subject to the policies and Terms in force at the time that you order Products from me.

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No term of any Contract shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to the Contract.

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Complaints

I am committed to providing a quality service to you and value your views, opinions and feedback on any Products which have been supplied to you or the service which I have provided to you. If I have not performed any of my duties to a satisfactory standard please contact me and I shall endeavour to put right any problems.

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If your complaint relates to the quality of a Product please refer to our Cancellations, Returns, and Refends Policy above.

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For any other complaints, queries, or to provide us with feedback, please contact us. I shall endeavour to contact you within five business days of receiving your email and shall work closely with you in trying to resolve any problems fairly and quickly and to ensure that both my Products and the services which we have provided to you are to your satisfaction.

Privacy & Safety

Your privacy is important to us. It is E S Stephens' policy to respect your privacy regarding any information we may collect from you across our website and other sites we own and operate.

We only ask for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used.

We only retain collected information for as long as necessary to provide you with your requested service. What data we store, we’ll protect within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use, or modification.

We don’t share any personally identifying information publicly or with third parties, except when required to by law.

Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites, and cannot accept responsibility or liability for their respective privacy policies.

You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services.

Your continued use of our website will be regarded as an acceptance of our practices around privacy and personal information. If you have any questions about how we handle user data and personal information, feel free to contact us.

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This policy is effective as of 25 January 2021.

Terms of Use

This document has been reviewed and updated in line with current best practices. A number of provisions have been re-worded to make them simpler, clearer, and more user-friendly. Some portions of the template have also been re-structured, also to improve user-friendliness.

These website terms and conditions are intended to be accepted through use. Visitors are deemed to have accepted them as soon as they start using your site. This is made clear at the start of the terms. References are also included in other terms which apply, such as your privacy policy.

Important information about the website operator is provided, including company registration details, trading address, and details of any relevant regulatory bodies or associations. For certain trades and professions, there may be additional information that website operators are required by law to provide. Members of regulated professions should include professional titles, links to professional rules, and other important details. Such details are not included in this template and professional advice should be sought by those working in regulated professions.

Intellectual property rights such as copyright are protected by these terms and conditions. Various options are included in the template to allow you to choose how many freedoms to give to your users when it comes to saving and copying material from your site. These options are grouped into two versions of the IP clause. The first is more restrictive; the second, more flexible with more options.

Further key provisions address links to and from the site, disclaimers, liability (with different provisions for consumers and business users), viruses and security, and acceptable use of the site.

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By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

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Accessing the Site

Access to my site is permitted on a temporary basis, and I reserve the right to withdraw or amend the service I provide on my site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, I may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of my security procedures, you must treat such information as confidential, and you must not disclose it to any third party. I have the right to disable any user identification code 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 these terms of use.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

Your access to our site is dependent on you consenting to this my use of cookies in connection with your visit to the site. 

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Acceptable Use

You may only use my site for lawful purposes. You may not use my site:

  • In any way that breaches any applicable local, national or international law or regulation.

  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

  • For the purpose of stalking, harming, harassing or abusing, or attempting to stalk, harm, harass or abuse any person in any way.

  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

  • To transmit any material that is defamatory, obscene, offensive, hateful, inflammatory, likely to deceive any person, or which infringes the rights of any third party.

You also agree:

  • Not to reproduce, duplicate, or copy any part of my site without our express permission.

  • Not to provide information that is inaccurate, fictional or misleading.

  • Not to access without authority, interfere with, damage or disrupt:

    • any part of the site

    • any equipment or network on which our site is stored

    • any software used in the provision of our site; or

    • any equipment or network or software owned or used by any third part

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Intellectual Property

Unless otherwise stated, I am the owner or the licensee of all intellectual property rights in my site, and in the material published on it. Those works are protected by trademark and copyright laws around the world. All such rights are reserved.

The trademarks depicted on my site are owned by me or my licensors.

All materials on this site, including but not limited to images, artwork, text, audio clips, and video clips, are, unless otherwise stated, owned and controlled by Elizabeth Stephens and may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials or unauthorized use of the materials for any purpose is a violation of our legal rights. The unauthorized posting of any of my intellectual property, including any images of our products or other artwork on any other website, including, but not limited eBay, Amazon, or Craigslist is strictly prohibited.

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Intellectual Property

These are the terms and conditions that apply when you receive electronic artwork, wallpapers, game rules, PDF files or other material downloadable from my website or through my email subscription service(“Downloadable Material”). The parties agree that in consideration of your use of my website and/or my email subscription service, I grant you a license to use the Downloadable Material on the following terms:

This license is made between: (1) Games Workshop Limited, Willow Road, Lenton, Nottingham, NG7 2WS, United Kingdom (“GW”); and (2) the recipient of material downloaded from GW’s website (“You/you/Your/your”) together being “the parties”.

  1. I grant to you a personal, non-exclusive, non-transferable, royalty-free license to use the Downloadable Material in the following ways:

    1.1 to store the Downloadable Material on any number of electronic devices and/or storage media (including, by way of example only, personal computers, e-book readers, mobile phones, portable hard drives, USB flash drives, CDs or DVDs) which are personally owned by you; and

    1.2 to access the Downloadable Material using an appropriate electronic device and/or through any appropriate storage media.

  2. For the avoidance of doubt, you are ONLY licensed to use the Downloadable Material as described in paragraph 1 above. You may NOT use or store the Downloadable Material in any other way. If you do, I shall be entitled to terminate this license.

  3. Further to the general restriction at paragraph 2, I shall be entitled to terminate this licence in the event that you use or store the Downloadable Material (or any part of it) in any way not expressly licensed. This includes (but is by no means limited to) the following circumstances:

    3.1 you provide the Downloadable Material to any company, individual or other legal person who does not possess a license to use or store it;

    3.2 you make the Downloadable Material available on bit-torrent sites, or are otherwise complicit in ‘seeding’ or sharing the Downloadable Material with any company, individual or other legal person who does not possess a license to use or store it;

    3.3 you print or reproduce in any physical format and distribute hard copies of the Downloadable Material to any company, individual or other legal person who does not possess a license to use or store it;

    3.4 you attempt to reverse engineer, bypass, alter, amend, remove or otherwise make any change to any copy protection technology which may be applied to the Downloadable Material;

    3.5 you use, or allow another company, individual or legal person to use, the Downloadable Material commercially or in relation to any business or business activities.

  4. You acknowledge that all copyright, trademark and other intellectual property rights in the Downloadable Material are, and shall remain, the sole property of Elizabeth Stephens.

  5. On termination of this license, howsoever effected, you shall immediately and permanently delete all copies of the Downloadable Material from your computers and storage media, and shall destroy all hard copies of the Downloadable Material which you have derived from the Downloadable Material.

  6. I shall be entitled to amend these terms and conditions from time to time by written notice to you.

  7. These terms and conditions shall be governed by English law and shall be subject only to the jurisdiction of the Courts in England and Wales.

  8. If any part of this license is illegal, or becomes illegal as a result of any change in the law, then that part shall be deleted, and replaced with wording that is as close to the original meaning as possible without being illegal.

  9. Any failure by me to exercise its rights under this license for whatever reason shall not be in any way deemed to be a waiver of its rights, and in particular, I reserve the right at all times to terminate this license in the event that you breach paragraph 2 or paragraph 3.

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Liability

The material displayed on my site is provided without any guarantees, conditions or warranties as to its accuracy.

I do not warrant that the site, its content or the server that makes it available are error or virus free or free of other harmful components or that your use of this website will be uninterrupted.

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To the extent permitted by law, I hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

  • If you are a California resident you waive California Civil Code §1542

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About You

I collect information about you in accordance with my Privacy Notice and Cookie Notice. By using my site, you accept these Terms of Website Use and to our collection of information about you in accordance with our Privacy Notice and Cookie Notice. You warrant that all data provided by you is accurate,genuine and lawful.

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Linking to the Site

You may link to mywebsite, or any page within it for personal (non-commercial) reasons, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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.

I reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these terms of use.

If you wish to make any use of material on our site other than that set out above, please address your request to me using the contact information provided: esstephensauthor@gmail.com.

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Suspension & Termination

If, in my opinion, these terms of use have been breached, I may take such action as Ideem appropriate, and may result in me taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your rights to use restricted parts of my site.

  • Issue of a warning to you.

  • Legal proceedings against you for reimbursement of all costs, liabilities and losses on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach. You hereby agree to indemnify me in this respect.

  • Further legal action against you.

  • Disclosure of such information to law enforcement authorities as Ireasonably feel is necessary.

I exclude liability for actions taken in response to breaches of these terms of use. The responses set out above are not limited, and I may take any other actions I reasonably deem appropriate.

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Jurisdiction

To the fullest extent permissible;

  • the English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to my site although I retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country; and these terms of use are governed by English law.

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Variations

I may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on my site.

Payment Methods

We use PAYPAL to process our payments in accordance with privacy requirements.

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