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Terms & conditions

www.discoveryemailmarketing.co.uk
Discovery Design Limited
TERMS AND CONDITIONS

These terms of use govern your use of this website published by Discovery Design Limited; by using our website you accept these terms of use in full.  If you disagree with these terms of use or any part of these terms of use, you must not use our website.

These Terms and Conditions are divided into four different sections (A, B, C and D) for your convenience and are;
A. General Terms and Conditions of Use
B. Website Privacy Policy
C. Forum, Visitor Book, Blog and Review Facilities Terms and Conditions of Use
D. Terms and Conditions of Sale

If you register with our website, we will also ask you to expressly agree to these terms of use.

You must be at least 18 years of age to use our website.  By using our website and by agreeing to these terms of use, you warrant and represent that you are at least 18 years of age.

A. GENERAL TERMS AND CONDITIONS OF USE
Last updated 16 February 2011.

A1.  COPYRIGHT
A1.1 All website content, databases, graphics, buttons, icons, logos, layouts and look and feel are the copyright of Discovery Design Limited and its agents or licensors  unless expressly acknowledged as otherwise - © Discovery Design Limited 2011. All rights reserved.
A1.2  The sole website design and operating technology copyright and reproduction rights owner is Discovery Design Limited and/or its agents or licensors - © Discovery Design Limited 2011. All rights reserved.
A1.3  The sole copyright and reproduction rights owner for their photographic images used on the website is Discovery Photo Library Limited and/or the agents or licensors of Discovery Design Limited. All rights reserved.
A1.4 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.

A2.  LICENCE TO USE THIS WEBSITE
A2.1  Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website.  Subject to the licence below, all these intellectual property rights are reserved.
A2.2  You may view, download for caching purposes only and print individual pages from the website for your own personal use only, subject to the restrictions set out below and elsewhere in these terms of use. 
A2.3  You must not:
    •    republish material from this website (including republication on another website);
    •    sell, rent or sub-license material from the website;
    •    show any material from the website in public;
    •    reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
    •    edit or otherwise modify any material on the website;
    •    redistribute material from this website except for content specifically and expressly made available for redistribution such as our newsletter. Where content is specifically made available for redistribution, it may only be redistributed within your organisation;
    •    download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.
A2.4  Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
A2.5  Our website cannot be placed within the frame-set of another website.
A2.6  Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
A2.7  The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.

A3.  ACCEPTABLE USE
A3.1  You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
A3.2  You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
A3.3  You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
A3.4  You must not use our website to transmit or send unsolicited commercial communications.
A3.5  You must not use our website for any purposes related to marketing without our express written consent. 

A4.  RESTRICTED ACCESS
A4.1  Access to certain areas of our website is restricted.  We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.
A4.2  If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. 
A4.3  We may disable your user ID and password in our sole discretion without notice or explanation.

A5.  USER GENERATED CONTENT
A5.1  This section relates to those persons and organisations completely independent from Discovery Design Limited and who have their own unique user ID and password login to their own user area or facility on parts of the website where they can publish and manage their content for which they are solely responsible and fully liable. Discovery Design Limited is not responsible for the content and management of these user areas.
A5.2  In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
A5.3  You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
A5.4  Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). 
A5.5  Your user content (and its publication on our website) must not:
    •    be libellous or maliciously false;
    •    be obscene or indecent;
    •    infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
    •    infringe any right of confidence, right of privacy, or right under data protection legislation;
    •    constitute negligent advice or contain any negligent statement;
    •    constitute an incitement to commit a crime;
    •    be in contempt of any court, or in breach of any court order;
    •    be in breach of racial or religious hatred or discrimination legislation;
    •    be blasphemous;
    •    be in breach of official secrets legislation;
    •    be in breach of any contractual obligation owed to any person;
    •    depict violence in a explicit, graphic or gratuitous manner;
    •    be pornographic or sexually explicit;
    •    be untrue, false, inaccurate or misleading;
    •    consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
    •    constitute spam;
    •    be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory;
    •    cause annoyance, inconvenience or needless anxiety to any person.
A5.6  Your user content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.
A5.7  You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.
A5.8  You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
A5.9  We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
A5.10 Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

A6.  LIMITED WARRANTIES
A6.1  Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.  It is subject to change without notice. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
A6.2  You acknowledge that some of the information published on this website is submitted by users, and that we do not usually review, approve or edit such information.  We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
A6.3  Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
A6.4  Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
A6.5  Every effort is made to keep the website up and running smoothly. However, Discovery Design Limited and its agents take no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.
A6.6  To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill.

A7.  LIMITATIONS OF LIABILITY
A7.1  Nothing in these terms of use will;
(a) limit or exclude our or your liability for death or personal injury resulting from negligence;
(b) limit or exclude our or your liability for fraud or fraudulent misrepresentation;
(c) limit any of our or your liabilities in any way that is not permitted under applicable law; or
(d) exclude any of our or your liabilities that may not be excluded under applicable law.
A7.2  The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use are subject to the preceding paragraph and govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
A7.3  To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
A7.4  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
A7.5  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
A7.6  We will not be liable to you in respect of any loss or corruption of any data, database or software.
A7.7  We will not be liable to you in respect of any special, indirect or consequential loss or damage.
A7.8  You accept that we have an interest in limiting the personal liability of our officers and employees.  Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms of use.  This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.
A7.9  You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

A8.  INDEMNITY
A8.1 You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers incurred or suffered by us arising out of any breach by you of any provision of these terms of use or arising out of any claim that you have breached any provision of these terms of use.

A9.  BREACHES OF THESE TERMS OF USE
A9.1 Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:
    •    send you one or more formal warnings;
    •    temporarily suspend your access to the website;
    •    permanently prohibit you from accessing the website;
    •    block computers using your IP address from accessing the website;
    •    contact your internet services provider and request that they block your access to the website;
    •    bring court proceedings against you for breach of contract or otherwise;
    •    suspend and/or delete your account with the website;
    •    delete and/or edit any or all of your user generated content.
A9.2  Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking including without limitation creating and/or using a different account.

A10.  THIRD PARTY WEBSITES
A10.1  Our website includes hyperlinks to other websites owned and operated by third parties and not under the control of Discovery Design Limited.  The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.  We have no control over the nature, content and availability of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

A11.  TRADE MARKS
A11.1  "Discovery Design" and our logo are trade marks belonging to us.  We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights. 
A11.2  The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

A12.  COMPETITIONS
A12.1  From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions that we will make available to you as appropriate.

A13.  VARIATION
A13.1  We may revise these terms of use from time-to-time.  Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website.  Please check this page regularly to ensure you are familiar with the current version.

A14.  ASSIGNMENT
A14.1  We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.
A14.2  You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use. 

A15.  SEVERABILITY
A15.1  If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

A16.  EXCLUSION OF THIRD PARTY RIGHTS
A16.1  These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

A17.  ENTIRE AGREEMENT
A17.1  These ‘General Terms and Conditions of Use’, together with our ‘Website Privacy Policy’, our ‘Forum, Visitor Book, Blog, Review Facilities Terms and Conditions of Use’ and our ‘Terms and Conditions of Sale’, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

A18.  LAW AND JURISDICTION
A18.1  These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

A19.  OUR DETAILS

Website Publisher's Company Name: Discovery Design Limited.
Business Address: Suite 24, Innovation House, South Church Enterprise Park, Bishop Auckland, Co Durham, DL14 6XB.
Registration Details: We are registered in England & Wales under Company registration number 3556279.
Registered Office: Bank Chambers, 5 Kensington, Cockton Hill Road, Bishop Auckland, County Durham, DL14 6HX.
VAT Registration Number: 733 9736 05.

A20.  OUR CONTACT DETAILS:
Email: enquiries@discoverydesign.co.uk
Telephone (from within the UK): 0845 900 3201  -  Telephone (International): +44 845 900 3201
Fax (from within the UK): 0845 900 3233  -  Fax (International): +44 845 900 3233

(The General Terms and Conditions of Use are based on legal documents purchased from website-contracts.co.uk - Copyright 2010 SEQ Legal LLP - All Rights Reserved).

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B. WEBSITE PRIVACY POLICY

Last updated 16 February 2011.

B1.  Discovery Design Limited and its website www.discoverydesign.co.uk complies with the principles of the Data Protection Act 1998 when dealing with all data received from visitors to the website and from their communications by other means.  We are fully committed to the protection of the individual privacy of our customers and the confidential personal information they provide.

B2.  We only hold the data necessary to be able to;
    •    Undertake payment, billing and accountancy functions
    •    Inform you of new products, services and offers, plus updates to our website
    •    Assist us in our market research to enhance our products and services

We only hold personal data for as long as necessary. Once data is no longer needed it is deleted from our files. We never sell, rent or exchange mailing lists.

B3.  We do not store financial details (credit or debit card numbers).

B4.  In accordance with the Privacy and Electronic Communications (EC Directive) Regulations 2003, we never send bulk unsolicited emails, (popularly known as Spam) to email addresses.

B5.  We may send emails to existing customers or prospective customers who have enquired or registered with us, regarding products or services directly provided by us. All emails sent by us will be clearly marked as originating from us. All such emails will also include clear instructions on how to unsubscribe from our email service and any future emails. Such instructions will either include a link to a page to unsubscribe or a valid email address to which you should reply, with “unsubscribe” as the email subject heading.

B6.  Our website uses "cookies" to track use of the website via such as Google Analytics and also to allow customers to purchase from our website. Please note that these cookies do not contain or pass any personal, confidential or financial information or any other information that could be used to identify individual visitors or customers purchasing from our website. A cookie is a set of data sent from the website to your browser and then stored on your PC system. Please note that you are free to reject cookies and this can be achieved by changing the settings in your web browser software on your computer. However, for purely technical reasons this may prevent you from purchasing from our website. This is because anonymous cookies are commonly used to keep track of the contents of customers’ shopping baskets or trolleys during the checkout process. This facility ensures that the items added to or removed from your basket are accurately stated when you go to pay.

B7.  We may also make reply contact by telephone, fax or mail with any existing customers or prospective customers who have enquired or registered with us even though they may also be registered with organisations prohibiting unsolicited contact such as the Telephone Preference Service, Corporate Telephone Preference Service, Fax Preference Service, Corporate Fax Preference Service, Mail Preference Service and Corporate Mail Preference Service. Withdrawal of this permission related to future information, research and marketing purposes regarding our website and products must be made in writing by either email to registrations@discoverydesign.co.uk or for confirmation of receipt by Recorded Delivery Post.

B8.  If you have any questions relating to our Privacy Policy please email us at registrations@discoverydesign.co.uk or write to us at the address below.

B9. OUR DETAILS

Website Publisher's Company Name: Discovery Design Limited.
Business Address: Suite 24, Innovation House, South Church Enterprise Park, Bishop Auckland, Co Durham, DL14 6XB.
Registration Details: We are registered in England & Wales under Company registration number 3556279.
Registered Office: Bank Chambers, 5 Kensington, Cockton Hill Road, Bishop Auckland, County Durham, DL14 6HX.
VAT Registration Number: 733 9736 05.

B10.  OUR CONTACT DETAILS:
Email: enquiries@discoverydesign.co.uk
Telephone (from within the UK): 0845 900 3201  -  Telephone (International): +44 845 900 3201
Fax (from within the UK): 0845 900 3233  -  Fax (International): +44 845 900 3233

(The Website Privacy Policy is based on legal documents purchased from www.compactlaw.co.uk  - Copyright www.compactlaw.co.uk - All Rights Reserved / Version 3.0).

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C. FORUM, VISITOR BOOK, BLOG, REVIEW FACILITIES TERMS AND CONDITIONS OF USE
Last updated 16 February 2011.

C1. OUR FORUM, VISITOR BOOK, BLOG AND REVIEW FACILITIES
C1.1  Your use of these facilities and any service contained within when available on this website constitutes acceptance by you of these Terms and Conditions.

C2. ELIGIBILITY
C2.1  You must be a minimum age of 18 to register on and use the Forum, Visitor Book, Blog and Review Facilities. By registering and using the Forum, Visitor Book, Blog and Review Facilities you warrant that you are 18 or older and understand your obligations under these Terms and Conditions.

C3. REGISTRATION
C3.1 As part of the registration process you will need to create an account, including a username and password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username and password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.
C3.2 If for any reason you suspect that your username and password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username and password or other details.

C4. SPECIFIC FORUM, VISITOR BOOK, BLOG AND REVIEW FACILITIES RULES

C4.1 As a user you agree not to do any of the following:
    •    abuse, harass, threaten, stalk, defame or in anyway seek to violate the rights of another user or third party;
    •    publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable;
    •    use or harvest data provided by other users in a way that they would object to;
    •    use data provided by other users for purposes other than contacting them via the Forum, Visitor Book, Blog and Review Facilities;
    •    contact other users in ways they may find inappropriate.
    •    encourage illegal activity or activity that violates the rights of other Forum, Visitor Book, Blog and Review Facilities users or third parties, whether individuals or organisations;
    •    supply or post Content calculated to deliberately mislead other users or third parties, including Content falsely made to appear from or be endorsed by us;
    •    to pose as another user, third party or organisation or Discovery Design Limited employee for the purposes of obtaining user or third party information;
    •    to transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment;
    •    attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and other users;
    •    reframe or repurpose the Forum, Visitor Book, Blog and Review Facilities or any Content on it or remove or obscure any notices or advertising provided by us on the Forum, Visitor Book, Blog and Review Facilities;
    •    load or provide access to Content on the Forum, Visitor Book, Blog and Review Facilities or link to other content from the Forum, Visitor Book, Blog and Review Facilities, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law;
    •    make commercial posts or comment spam or attempt to disguise such spam as Content;
    •    send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money;
    •    use any robot, spider, scraper or other technical means to access the Forum, Visitor Book, Blog and Review Facilities or Content on the Forum, Visitor Book, Blog and Review Facilities;
C4.2 If you breach these Terms and Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and to the Forum, Visitor Book, Blog and Review Facilities. Such harm is difficult to quantify and as such you agree to pay us the sum of £50 for each and every individual email or other communication sent to a user or third party.
C4.3 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) Content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of the rules or the spirit of the rules.

C5. CONTENT OWNERSHIP
C5.1 As a user you retain all ownership rights to Content provided by you.
C5.2 By submitting, posting or displaying your Content on the Forum, Visitor Book, Blog and Review Facilities you agree to grant a non-exclusive royalty-free licence to us to use, modify, publicly perform, publicly display, reproduce and distribute such Content on the Forum, Visitor Book, Blog and Review Facilities. This allows us to place your Content on the Forum, Visitor Book, Blog and Review Facilities and let all users, whether registered or not to view your Content. It also allows us to compress or alter the size of any files you may post onto the Forum, Visitor Book, Blog and Review Facilities to ensure that they can be readily displayed for other users.
C5.3 This licence is also royalty-free, which means that the Content is provided free of charge to us and we will not pay for the Content or account for any advertising revenue generated on the Forum, Visitor Book, Blog and Review Facilities or on any specific Content pages.
C5.4 This licence also applies worldwide because the Forum, Visitor Book, Blog and Review Facilities can be accessed from anywhere in the world, at any time.
C5.5 Also as part of the licence you warrant that any Content provided by you does not belong to a third party whose rights have been violated by the Content being posted on to the Forum, Visitor Book, Blog and Review Facilities. Furthermore if any Content is owned by a third party you agree to pay all royalties owed to that party, without seeking any contribution from us.

C6. COPYRIGHTED MATERIAL

C6.1 We do not condone or encourage in any way the posting of copyrighted or proprietary Content or information by any users who are not the legal owners of such Content.
C6.2 Where notified of such breaches by the owner of such Content we will remove the Content from the Forum, Visitor Book, Blog and Review Facilities as soon as practicable. But only where we can reasonably ascertain the true owner of such Content.
C6.3 If as the owner of such Content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.

C7. CONTENT MONITORING
C7.1  Users can freely add Content to the Forum, Visitor Book, Blog and Review Facilities. We do not monitor or assume any responsibility for Content posted to the Forum, Visitor Book, Blog and Review Facilities.
C7.2  If at any time we decide to monitor the Forum, Visitor Book, Blog and Review Facilities on any occasion it does not mean that we assume responsibility for removing any Content or the conduct of any users.

C8. TERMINATION
C8.1 We may terminate your user account and all Content and materials associated with it at any time where these Terms and Conditions have been breached. Such termination can be with or without notice. As a user you can choose to terminate your account at any time and are free to remove any Content you have created on termination.
C8.2 Various clauses within these Terms and Conditions are designed to survive and continue after termination, including (but not limited to) clauses C5 and C12.

C9. ACCESS
C9.1  We take all reasonable steps to ensure that the Forum, Visitor Book, Blog and Review Facilities are available and functioning fully at all times. However, we do not accept any responsibility for "down-time" or poor performance of our fileservers or where the Forum, Visitor Book, Blog and Review Facilities is unavailable for any other reason, whether within or outside our direct control.

C10. DISCLAIMER
C10.1 We are not responsible for the accuracy of any Content on the Forum, Visitor Book, Blog and Review Facilities, nor any advertisements placed on the Forum, Visitor Book, Blog and Review Facilities.
C10.2 We are not responsible for any links to third party websites from the Forum, Visitor Book, Blog and Review Facilities and the inclusion of any link does not imply an endorsement of a third party website by us.

C11. LIMITATION OF LIABILITY
C11.1  We shall not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profit.

C12. INDEMNITY
C12.1  You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third party arising from your breach of these Terms and Conditions whilst using the Forum, Visitor Book, Blog and Review Facilities or any other service provided by us.

C13. PRIVACY
C13.1  Use of the Forum, Visitor Book, Blog and Review Facilities is also governed by our Privacy Policy, which is incorporated into these Terms and Conditions by this reference.

C14. SEVERABILITY
C14.1  The foregoing paragraphs, sub-paragraphs and clauses of these Terms and Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

C15. WAIVER
C15.1  Failure by us to enforce any accrued rights under these Terms and Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.

C16. JURISDICTION

C16.1  These Terms and Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the non-exclusive jurisdiction of the English Courts.

C17.  CONTACT DETAILS
Website Publisher's Company Name: Discovery Design Limited.
Business Address: Suite 24, Innovation House, South Church Enterprise Park, Bishop Auckland, Co Durham, DL14 6XB.
Registration Details: We are registered in England & Wales under Company registration number 3556279.
Registered Office: Bank Chambers, 5 Kensington, Cockton Hill Road, Bishop Auckland, County Durham, DL14 6HX.
VAT Registration Number: 733 9736 05.

C18.  OUR CONTACT DETAILS:

Email: enquiries@discoverydesign.co.uk
Telephone (from within the UK): 0845 900 3201  -  Telephone (International): +44 845 900 3201
Fax (from within the UK): 0845 900 3233  -  Fax (International): +44 845 900 3233

(The Forum, Visitor Book, Blog and Review Facilities Terms and Conditions of Use are based on legal documents purchased from www.compactlaw.co.uk  - Copyright www.compactlaw.co.uk - All Rights Reserved / Version 1.0).

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D.  TERMS AND CONDITIONS OF SALE

Last updated 16 February 2011.

D1.  OUR WEBSITE
D1.1  Your Use of This Website
D1.1.1 Your use of this website and any service contained within constitutes acceptance of our full Terms and Conditions.

D1.2 CUSTOMER INFORMATION
D1.2.1 You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.
D1.2.2 You are responsible for maintaining your own username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
D1.2.3 As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.
D1.2.4 Our website is only intended for use by adults. Adults may purchase products for children as long as the products purchased are intended by the manufacturer for use or consumption by children.

D2.  PRODUCT PRICING AND TITLE
D2.1  We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at anytime up to the shipment of that order and any related items.
D2.2  We reserve the right to alter all product pricing without notice.
D2.3  Title in any products ordered from us does not pass to you, the purchaser, until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.

D3.  YOUR ORDER
D3.1  When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order.
D3.2  Your offer is only accepted by us once we have emailed you to confirm the dispatch of your order.
D3.3  Product items not included within the dispatch email are not included in the order and contract between you and us.
D3.4  We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
D3.5  If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
D3.6  Regarding your order please note that the products presented on this website are not intended to be displayed at actual size or proportion nor are their photographic images consistently representative regarding detail. This is because of the methods and constraints of our photography and product production, as well as your computer and monitor settings. As a result some of the products presented on the website may appear to be slightly larger, smaller or a different proportion and a different colour and shade than their actual size, proportion colour and shade. In addition where photographs have been scaled down to enable the presentation of a whole product on a web page then the product may appear smaller than its actual size, but where close-up and zoom photography has been used to present the fine detail within a product, then the product may give the impression of being larger than it actually is. Where made available to us, we provide approximate dimensions of a product for general guidance.

D4.  DELIVERY, SHIPPING AND CUSTOMS DUTY

D4.1.1  Delivery, Shipping and Customs Duty
D4.1.1  All orders received by us are shipped subject to availability but it is our target to ship goods within 48 hours of receipt of your completed order and receipt in full of your payment for the purchased goods and delivery charges for that order.
D4.1.2  We reserve the right to ship products at a later date (up to 28 days after purchase) where the product ordered is not in stock at the time of purchase. In this situation you will be contacted and offered a full refund instead of delivery of the product.
D4.1.3  We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control. If such disruption occurs you will be offered delivery via an alternative delivery or fulfilment company or a full refund.
D4.1.4  If you are ordering a product from outside the UK the recipient of the product is responsible for all customs duties or tariffs incurred in the country to which the products are shipped. Furthermore your order may be subject to delay or be opened and searched by local customs authorities when entering the destination country. Please note we are unable to provide specific advice on customs duties or tariffs.

D4.2  Delivery Methods and Times
D4.2.1  We currently normally use the Royal Mail in the United Kingdom for our UK, Europe and Rest of the World deliveries. All our deliveries are on a 'Signed For' proof of delivery basis. We can not guarantee that the Royal Mail will achieve delivery within these suggested delivery targets detailed below. Indeed exceptional circumstances, particularly where there are specific problems may arise in various parts of the world, there may be extended delays.

D4.2.2  United Kingdom Deliveries
    •    We endeavour to normally use the Royal Mail First Class Mail for deliveries by Letter, Large Letter and Packet, depending on package size and weight, for which the Royal Mail endeavours to try and normally deliver on the next working day.
    •    When orders require a package that is too big for delivery by Letter, Large Letter and Packet then we endeavour to normally use the Royal Mail Standard Parcels delivery service for which the Royal Mail endeavours to normally deliver your parcel within three to five working days of posting.
    •    We endeavour to normally use the Royal Mail Recorded Signed for™ service.

D4.2.3  Europe and World Deliveries

Airmail (Our 1st Class Postage System)
Delivery times are likely to be:
    •    The Royal Mail endeavours to normally deliver your parcel to Europe within three working days.
    •    The Royal Mail endeavours to normally deliver your parcel to Worldwide destinations within five working days.
    •    We endeavour to normally use the Royal Mail International Signed For™ service.

Surface Mail (Our 2nd Class Postage System)
Delivery times are likely to be:
    •    The Royal Mail endeavours to normally deliver your parcel to Western Europe in up to 2 weeks from date of posting.
    •    The Royal Mail endeavours to normally deliver your parcel to Eastern Europe in up to 5 weeks.
    •    The Royal Mail endeavours to normally deliver your parcel to North America in up to 6 weeks.
    •    The Royal Mail endeavours to normally deliver your parcel to South America, Africa and Asia in up to 8 weeks.
    •    The Royal Mail endeavours to normally deliver your parcel to Australasia in up to 12 weeks.
    •    We endeavour to normally use the Royal Mail International Signed For™ service.

D5.  CANCELLATION RIGHTS, RETURNS AND REFUNDS

D5.1  Cancellation Rights
D5.1.1  Under the Consumer Protection (Distance Selling) Regulations 2000 you have a right to cancel your purchase. However, to exercise this right you must notify us in writing by recorded delivery letter within 7 working days from the day after you receive your goods.
D5.1.2  As stated above notification of cancellation must be in writing by recorded delivery letter; a telephone call is not a valid cancellation.
D5.1.3  No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once you have used your product, unless the product is defective and you are returning it for this reason.
D5.1.4  No right of cancellation exists for Goods that are sealed or shrink-wrapped if this has been removed, unless the goods are defective.
D5.1.5  No right of cancellation exists for downloaded goods or “softcopy” goods to which you, the customer has instant access to or use of, unless the goods are defective.
D5.1.6  No right of cancellation exists for personalised goods or goods that are intimate in their nature or goods where there may be hygiene issues, unless the goods are defective.

D5.2  Returns of Cancelled Goods
D5.2.1  Please observe the following procedure for all returns to us of cancelled unused products that do not have a defect that comply with our terms detailed herein for Cancellation and Returns.
D5.2.2  On the back of your delivery note or on another piece of paper, (if you no longer have your delivery note), include your order number and the reason for the return.
D5.2.3  Very carefully repackage the product in its original packaging, including any accessories, brochures, manuals, guarantees or warranties that came with the product. Unfortunately we will be unable to issue a refund where the product is in an incomplete state or its original packaging is damaged and you have not advised us in writing and have not notified the person delivering our package in writing on the delivery receipt that this damage had already been caused in transit to you, as detailed in D5.3.4 and D5.3.5 following. We endeavour to photograph all the packaging and contents of all returned products on delivery in case there are any disputes.
D5.2.4  You are responsible for paying any postage or shipping costs incurred when returning the product. Ensure that the correct postage is paid on the return delivery of the package as it is Company Policy not to accept any deliveries where a postage surcharge is applicable.
D5.2.5  We recommend that all returns be sent by registered post, so that you have a record of the return and confirmation that we have received the returned goods.
D5.2.6  We will not issue refunds for any items lost or stolen in transit to us.
D5.2.7  Where a return is lost or stolen in transit to us, you should claim compensation from the company that shipped the return.
D5.2.8  If you fail to return a product to us, we reserve the right to make arrangements to have the product collected from you. The full cost of this collection will be passed on to you.
D5.2.9  Returned cancelled products that are unused and in perfect condition and complying fully with the terms and conditions herein may be returned promptly by customers to the address listed below:
Discovery Design Limited, Suite 24 Innovation House, South Church Enterprise Park, Bishop Auckland, County Durham, DL14 6XB.

D5.3  Returns of Defective Goods
D5.3.1  Where a Customer identifies a fault with a product at the time of its delivery it can be returned to Discovery Design Limited, subject to our returns policy herein.
D5.3.2  Please note that all products are double-checked for quality and to ensure no defects by two persons before despatch as we target the highest standards of customer service and to ensure that all products leave our warehouse in perfect condition.
D5.3.3  Goods that are sealed or shrink-wrapped can only be returned if this has not been removed, unless the goods are defective.
D5.3.4  Please take care when opening your packaging as you will be responsible for any damage to the goods when you open the packaging. Goods can not be returned as defective if the packaging has been damaged during opening.
D5.3.5  If the packaging of your delivery is damaged when it arrives you must formally advise the delivery person by writing details of the damage on the delivery confirmation that you will be asked to sign. It is your responsibility to advise us of any such delivery damage by email to orders@thediscoverydesign.co.uk within 24 hours.
D5.3.6  If any damage in transit as detailed in 5.3.4 above has caused damage to your goods it is your responsibility to advise us by email to orders@discoverydesign.co.uk within 24 hours as we have the goods insured against damage in transit and we will need to advise the delivery company immediately. In addition, it is your responsibility to return the product and complete packaging it arrived in, in an enclosed parcel by recorded delivery post within 7 days. This is because it will be needed as evidence for our insurance claim. If you do not comply with these terms you will not be eligible for any possible refund.
D5.3.7 You must also observe the following procedure for all returns to us:
    •    On the back of your delivery note or on another piece of paper, (if you no longer have your delivery note), include your order number and the reason for the return.
    •    If you are returning your product because it is defective, please state the defect or defects.
    •    Repackage the product in its original packaging, including any accessories, brochures, manuals, guarantees or warranties that came with the product. Unfortunately we will be unable to issue a refund where the product is in an incomplete state.
    •    Ensure that the correct postage is paid on the return delivery of the package as it is Company Policy not to accept any deliveries where a postage surcharge is applicable.
D5.3.8  If you do not comply fully with our terms and conditions for returning defective goods you are responsible for paying any postage or shipping costs incurred when returning the product. If goods are defective and your return of defective goods fully complies with the terms and conditions for the return of defective goods detailed herein then we will refund you for the return postage as detailed in 5.4 below.
D5.3.9  We recommend that all returns be sent by registered post, so that you have a record of the return and confirmation that we have received the returned goods.
D5.3.10  We will not issue refunds for any items lost or stolen in transit to us.
D5.3.11 Where a return is lost or stolen in transit to us, you should claim compensation from the company that shipped the return.
D5.3.12 If you fail to return a product to us, we may make arrangements to have the product collected from you. The cost of this collection will be passed on to you.
D5.3.13 Defective products may be returned promptly by customers to the address listed below:
Discovery Design Limited, Suite 24 Innovation House, South Church Enterprise Park, Bishop Auckland, County Durham, DL14 6XB.

D5.4  REFUNDS
D5.4.1  Subject to the above terms and conditions for Returns, we will refund the purchase price of a returned product within thirty days of receiving written notification of your intention to return the product and the actual return of the returned goods in compliance with our terms and conditions of sale.
D5.4.2  Subject to the above, we will also refund the cost of standard or recorded postage incurred returning a product, if incorrectly sent by us or where the product has been returned due to a defect if all the above terms have been fully complied with. Please note that we will not refund any courier, overnight or express element of any delivery or postage charge, including Royal Mail Special Delivery.

D6.  CUSTOMER COMPLAINTS

D6.1  We endeavour to respond to all customer complaints or queries within five working days.

D7.  FORCE MAJEURE

D7.1  We shall not be liable for delay or failure to perform any of our obligations if the delay or failure is caused by any circumstances beyond our reasonable control.
D7.2  For the purposes of this condition, "force majeure" shall include, but not be limited to acts of God, war, terrorism, civil disorder, industrial dispute, fire, explosions or natural disaster.
D7.3  Upon the happening of a "force majeure" event we shall be entitled to a reasonable extension of time for the performance of our obligations.

D8.  REASONABLY FORSEEABLE LOSSES
D8.1  Discovery Design Limited will be liable for any losses incurred by you due to breaches of these Terms and Conditions by us, where such losses were reasonably foreseeable at the time the contract between you and us was made.
D8.2  All business, indirect or consequential losses not reasonably foreseeable at the time of the contract between you and us are excluded.
D8.3  Discovery Design Limited does not exclude or limit liability for death or personal injury caused by the negligence or breach of duty by us, our employees or officers.

D9.  SEVERABILITY
D9.1  The foregoing paragraphs, sub-paragraphs and clauses of these Terms and Conditions shall be read and construed independently of each other.
D9.2  Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

D10.  WAIVER
D10.1  Failure by Discovery Design Limited to enforce any accrued rights under these Terms and Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing. No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

D11.  ENTIRE TERMS AND CONDITIONS
D11.1  These Terms and Conditions set out the entire agreement and understanding between you and Discovery Design Limited. We reserve the right to change these Terms and Conditions at any time, without giving notice to you. Your statutory rights are unaffected.

D12.  JURISDICTION
D12.1  These Terms and Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the non-exclusive jurisdiction of the English Courts.

D13.  COMPANY INFORMATION
Website Publisher's Company Name: Discovery Design Limited.
Business Address: Suite 24, Innovation House, South Church Enterprise Park, Bishop Auckland, Co Durham, DL14 6XB.
Registration Details: We are registered in England & Wales under Company registration number 3556279.
Registered Office: Bank Chambers, 5 Kensington, Cockton Hill Road, Bishop Auckland, County Durham, DL14 6HX.
VAT Registration Number: 733 9736 05.

D14.  OUR CONTACT DETAILS:
Email: enquiries@discoverydesign.co.uk
Telephone (from within the UK): 0845 900 3201  -  Telephone (International): +44 845 900 3201
Fax (from within the UK): 0845 900 3233  -  Fax (International): +44 845 900 3233

(The Terms and Conditions of Sale are based on legal documents purchased from www.compactlaw.co.uk  - Copyright www.compactlaw.co.uk - All Rights Reserved / Version 3.0).