terms and conditions

1 APPLICATION


1.1 The sale of all Items on this Site is between You and Mark Cator Publishing. Receipt of payment of the whole of the Price for the Items You order before Your order shall be deemed ready for acceptance.


1.2 Your use of the Site is set out in the Legal Notice. If You do not wish to enter into a binding legal Contract then You must not proceed any further with Your order.


1.3 Acceptance of Your order shall be by way of an email sent to You by Mark Cator Publishing to the email address You provide on the Order Form. Mark Cator Publishing?s acceptance of Your order on behalf of the Supplier has the affect of bringing into existence a legally binding contract between You and the Supplier.


2 DEFINITIONS


In these terms:-


2.1 ?Items? means any object displayed on the Site for sale. 


2.2 ?Supplier? means the seller of an Items for resale.


2.3 ?Contract? means the electronic on-line contract generated by the Supplier?s acceptance as notified by Mark Cator Publishing's acceptance to You of Your offer to purchase the Items.


2.4 'Order Form' means the order form published on the Site


2.5 ?You? and ?Your? mean the person ordering the Items under these Terms as identified on the Order Form.


2.6 "Mark Cator Publishing" means Mark Cator Publishing ("We" or "Us" or "Our").


2.7 ?Site? means Mark Cator Publishing?s web site www.markcator.co.uk


3 WHEN THE CONTRACT IS FORMED


3.1 On the Order Form You are required to give details of Your credit card for payment of the price as set out in the Order Form. The details are held according to the Privacy Policy.


3.2 Once the credit card payment has been processed and, the full payment for the Items received, then Mark Cator Publishing will send You email confirmation of Your order by way of acceptance to the email address You have provided in Your Order Form.


3.3 Your order will not be accepted if the Items is no longer available for sale or the credit card payment is not authorised or payment is not received.


3.4 We use a secure server that implements Secure Socket Layer Technology to prevent any person from gaining access to Your credit card or registration information which is on Our site or being transmitted across the internet. If You discover that goods or services have been ordered using Your credit card details in circumstances where You have not authorised this then You should immediately notify Us as well as Your card provider in accordance with its reporting rules and procedures.


4 THE PRICE


4.1 The Price payable for the Items that You order is as set out on the Site and as detailed on the Order Form


4.2 The Price includes Value Added Tax (if applicable) The delivery charges are set out in the Site and You should note that it may not be possible for delivery to be made to some locations. Further, an additional charge for special delivery or to certain locations may be payable as notified on the Site.


4.3 All payments must be made in pounds Sterling.


5 CANCELLATION / RETURNS


5.1 You may cancel Your Contract with Us for the Items You order at any time up to the end of the seventh working day from the date You receive the Items. You do not need to give Us any reason for cancelling Your Contract.


5.2 To cancel Your Contract You must notify Us in writing. You should use the email contact address set out in the Order Form.


5.3 Mark Cator Publishing will refund Your payment for the Price for the Items, provided:-


5.3.1 Notice of cancellation has been properly received and acknowledged.


5.3.2 The Items is re-despatched by You at Your cost by means of secure packaging and insured in transit for the full retail value of the Items within 10 working days of delivery.


5.3.3 Receipt of the Items back in an undamaged condition. (You should note that the risk of damage to or loss of the Items passes to You at the time of delivery to You, and therefore You must insure against loss or damage in transit.)


5.4 In the case of any Items made to Your specifications or clearly personalised, then You will not be entitled to a refund or to cancel the Contract for the Items.


6 DELIVERY


6.1 The Supplier will deliver the Items ordered by You to the card holder address You give on the Order Form. No other address can be accepted for delivery except by prior arrangement with Mark Cator Publishing.


6.2 Delivery will be made as soon as possible after Your order is accepted and in any event within 30 days of Your order.


6.3 You will become the owner of the Items You have ordered when they have been delivered to You. Once the Items have been delivered to You You will be responsible for insurance as it will be held at Your risk and 'We' will not be liable for any loss or destruction.


7 AVAILABILITY


7.1 We reserve the right to cancel the Contract between Us if the Items is no longer available for sale by the Supplier.


7.2 If We do cancel Your Contract We will notify You by email and will re-credit to Your account any sum deducted by Us from Your credit card as soon as possible, but in any event within 30 days of Your order. We will not be obliged to offer any additional compensation for disappointment suffered.


8 COLOUR ACCURACY


8.1 We have made every effort to display as accurately as possible the colours of the Items that appear on the Site. However, as the actual colours You see will depend upon Your monitor, We cannot guarantee that Your monitor?s display of any colour will be accurate.


9 COPYRIGHT AND MORAL RIGHT


9.1 The copyright in each Items created by it?s artist, author or creator shall remain with such artist, author or creator and any reproduction of the Items shall require the specific written consent of the same.


9.2 Unless otherwise stated in writing, in respect of each Items the moral right of the artist, author or creator to assert his or her rights under Section 77 Copyright Designs and Patents Act 1988 to be identified as the originator of the Items whenever published in public or as otherwise displayed is asserted.


10 LIABILITY OF THE SUPPLIER 


10.1 If the Items is delivered damaged or defective then neither We will not have any liability to You unless You notify Us in writing by email of the problem within 2 working days of the delivery of the Items. This does not affect Your rights of cancellation as above.


10.2 If You do not receive the Items ordered by You within 25 working days of the date on which You ordered the same, We shall have no liability to You unless You notify Us in writing by email of the situation within 30 working days of the date on which You ordered the Items. If so notified, the Supplier?s only obligation will be to refund to You the amount paid by You for the Items.


10.3 Mark Cator Publishing will not be liable to You for any indirect or consequential loss or damage arising out of any such occurrence and Mark Cator Publishing shall have no liability to pay any money to You by way of compensation other than to refund to You the price paid where You are so entitled.


10.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase the Items from the Site. Certain National laws may prohibit the importation or exportation of certain of the Itemss to You. No representations are made by Mark Cator Publishing as to this and no liability is accepted in respect of the export or import of the Items You purchase.


10.6 Notwithstanding the above, nothing in these Terms is intended to limit any rights You may have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to You for any death or personal injury resulting from our negligence.


11 NOTICES


11.1 Unless otherwise expressly stated in these Terms or agreed, all notices from You to Us must be sent by email to Us at [insert email address] and all notices from Us to You will be displayed on the Web Site from time to time.


12 EVENTS BEYOND OUR CONTROL


12.1 We shall have no liability to You for any failure to deliver the Items You have ordered or any delay in doing so or for any damage or defect to Items delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, a breakdown of systems or network access, flood, fire, explosion or accident.


13 INVALIDITY


13.1 If any part of these Terms is unenforceable (including any provision in which We exclude our liability to You) then enforceability of any other part of these conditions will not be affected.


14 PRIVACY AND LEGAL NOTICE


14.1 You acknowledge and agree to be bound by the Terms of our Privacy Policy and the Legal Notice.


15 THIRD PARTY RIGHTS


15.1 Except for our directors, employees or representatives, a person who is not a party to the Contract has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.


16 GOVERNING LAW


16.1 The Contract between Us shall be governed by and interpreted in accordance with English law and the English Courts shall have non-exclusive jurisdiction to resolve any disputes between Us.


17 ENTIRE AGREEMENT


17.1 These terms and conditions, together with our current Web Site Prices, delivery details, contact details, Legal Notice and Privacy Policy, set out the whole of our agreement relating to the supply of the Items to You by Us. Nothing said by any salesperson on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Items offered for sale by Us. Save for fraud or fraudulent misrepresentation, We shall have no liability for any such representation being untrue or misleading.



Privacy Policy



Data Protection Act


Mark Cator Publishing (We, Us) are committed to ensuring that your privacy is protected. This privacy policy explains how we use the information 'we' collect about you, how you can instruct us if you prefer to limit the use of that information and procedures that we have in place to safeguard your privacy.


1 THE INFORMATION WE COLLECT AND HOW WE USE IT


?When you buy through this website or register for our other services we need to know your name, postal address and address for shipment, e-mail address and telephone number. As part of the on-line ordering process our card processing company will require your credit card number, expiry date and other information. At no time are these details ever disclosed or known to us. The information is used and transferred by the secure server site of the card processing company for this part of the transaction. We may from time to time ask you to complete on line preference and feedback forms so that we may offer you the service best tailored to your needs.


We gather this information to allow us to process your registration, process any orders you may make and, supply you with information on new products and services as they become available. The relevant information is then used by us, our agents and sub-contractors to provide you with statements of your account and to communicate with you on any matter relating to your use of the website and the provision of our services to you in general.


We may also use aggregate information and statistics for the purposes of monitoring website usage in order to help us develop the website and our services and may provide such aggregate information to third parties. These statistics will not include information that can be used to identify any individual.


From time to time we may provide your information to our customer service agencies for research and analysis purposes so that we can monitor and improve the services we provide. We or our agents and sub-contractors may contact you by post, e-mail or telephone to ask you for your feedback and comments on our services.


2 OUR USE OF COOKIES AND OTHER INFORMATION GATHERING TECHNOLOGIES


We do not use persistent "cookies" (defined below) for collecting other information from this site. We will not collect any information about you except for that required for systems administration and security of the web server and otherwise as described above. A session identity is required for the correct operation of the shopping basket. It is only used for on line purchase operation and expires when you leave the site.


COOKIES - Message given to a web browser by a web server. A text file called cookie.txt then stores the message. Each time the browser requests a page from the server this message is sent back. A cookie's main object is to identify users and personalise their visit by customising web pages for them eg. by welcoming them by name should they revisit. A site using cookies will usually invite you to provide personal information such as your name, email address and interests.


3 HOW WE PROTECT YOUR INFORMATION


The Internet is not a secure medium. However we have put in place various security procedures as set out in this policy. We also keep your information confidential. Our internal procedures cover the storage, access and disclosure of your information and all passwords are encrypted. All financial transactions use industry-standard Secure Sockets Layer (SSL) technology to allow for encryption of


o Politically sensitive information such as your name and address.


o Critically sensitive information like your credit card number.


4 SALE OF BUSINESS


If this business is sold or integrated with another business your details may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business.


5 UPDATING YOUR DETAILS


If any of the information that you have provided to Us changes, for example if you change your e-mail address, name or payment details or if you wish to cancel your registration, please let us know the correct details by sending an e-mail


6 YOUR CONSENT


By submitting your information you consent to the use of that information as set out in this policy. If we change our privacy policy we will post the changes on this page, and may place notices on other pages of the website, so that you may be aware of the information we collect and how we use it at all times. Continued use of the service will signify that you agree to any such changes. Owing to the global nature of the Internet infrastructure, the information you provide may be transferred in transit to countries outside the European Economic Area that do not have similar protections in place regarding your data and its use as set out in this policy. However, we have taken the steps outlined above to try to improve the security of your information. By submitting your information you consent to these transfers.


7 SPAM


We do not send random marketing e-mails to private email addresses.

We welcome your views about our website and our privacy policy. If you would like to contact us with any queries or comments please send an e-mail



Legal Conditions



CONDITIONS OF USE


1 DISCLAIMER


Mark Cator Publishing produces and maintains this website, the display of the Items and the mechanism for secure card purchase using Secure Socket Layer (SSL) security. All sales through the website are made on the TERMS which you should read and accept before proceeding with your order.


2 Mark Cator Publishing provides this Site on an "as is basis" and makes no representations or warranties of any kind with respect to it or its contents and disclaims all such representations and, warranties (in the case of consumer sales to the extent permitted by law). In addition Mark Cator Publishing makes no representations or warranties about the accuracy, completeness or suitability for any purpose of the contents of any advertisements or any information and graphics published therein. The contents of this Site may contain technical inaccuracies or typographical errors. All liability of Mark Cator Publishing howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.


3 Neither Mark Cator Publishing nor any of his employees or other representatives can accept any liability for damages arising out of or in connection with the use of this Site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensation, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.


4 It is agreed that Mark Cator Publishing shall have the right at any time, without the necessity to give notice, to revise any process advertised.


5 Orders in respect of Items advertised or offered on the Site shall not form binding contractual relationships until expressly accepted by Mark Cator Publishing and are all subject to availability.


6 The exclusions and limitations in this Disclaimer are not intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit Mark Cator Publishing's liability to you for death or personal injury resulting from our negligence or that of our employees or agents.


7 Use of this website is on the understanding that all brand names, product names, titles and copyrights displayed are the trade marks or trade names are copyrights of Mark Cator Publishing.


8 Mark Cator Publishing uses Secure Socket Layer (SSL) to both protect users of the site's credit card service and to assist their worries concerning shopping online. However, any losses incurred or sustained by users who transmit information by means of email or other internet links shall, save where culpable negligence is proved, be borne solely and exclusively by that customer and in no event shall any such losses in whole or in part be borne by Mark Cator Publishing. The necessity for users to 

sign out on completion of their shopping when using public computers cannot be stressed more as Mark Cator Publishing cannot accept any liability flowing from such failure.


9 COPYRIGHT


Permission is granted only electronically to copy and/or print on hard copy portions of this site for the sole purpose of placing an order with Mark Cator Publishing or using this site as a shopping resource. Any other use of materials on this site (including reproduction for purposes other than those noted above and modification, distribution, or republication) without the prior written permission of Mark Cator Publishing is strictly prohibited.


10 TRADE MARKS


All trade marks, product names and company names or logos cited herein are the property of their respective owners.


11 LINKS


Mark Cator Publishing accepts no responsibility for the content of any site to which a hypertext link from this site exists. The links are provided "as is" for your convenience and is not an endorsement or approval with no warrant, express or implied, for the information on other such sites over which Mark Cator Publishing has no 

control.


12 VIRUSES


Whilst Mark Cator Publishing makes all reasonable attempts to exclude viruses from this website, such exclusion cannot be ensured and no liability is accepted for viruses, worms, Trojan horses or other items of a destructive nature. Thus, you are recommended to take all appropriate safeguards before downloading information from this website, its operator or its contacts.


13 JURISDICTION


All use of this site and all sales made are subject to English law and the non-exclusive jurisdiction of the English Courts