Modelspace Website Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions of use (“Terms”) on which you may make use of our website www.modelspace.co.uk (the “Website”).
Please read these Terms carefully before you start to use the Website or order any products from the Website.
These Terms may be updated from time to time on the Website. No such change will affect any orders you have already placed with us. Your use of the Website will be taken as your acceptance of the latest version of these Terms. These Terms were last updated on November 2015.
1. Information about us
1.1 The Website is operated by De Agostini UK Ltd (“De Agostini”, “we” or “us”). We are registered in England and Wales under company number 966900 and have our registered office address at: Battersea Studios 2, 82 Silverthorne Road, London SW8 3HE.
1.2 If you want to contact us, you can do so by following the ‘Contact Us’ link at the footer of every page: You will find the following contact details in the Knowledge Base: Address, Telephone Number and E-mail Address.
2. Access and Use of the Website
2.1 We grant you a limited, revocable and non-exclusive licence to use and access and the Website for your own personal, non-commercial use as permitted by these Terms. Any use of the materials and information on the Website other than for private, non-commercial viewing purposes is strictly prohibited. It is your responsibility to ensure that your computer system meets all the necessary technical specifications to enable you to access and use the Website.
2.2 When using particular services or competitions available on the Website, you may be subject to any rules applicable to such services which may be posted from time to time and such rules take precedence over these Terms. If you do not agree with these Terms and/or any additional rules for specific services and/or are not authorised to do so, you should not continue to access and use the Website or related services or competitions.
2.3 We reserve the right to prevent and/or suspend your access to the Website where we reasonably consider that you are in breach of these Terms or any applicable law or regulation. We will use reasonable efforts to ensure that the Website is available as much of the time as possible, but we cannot guarantee that it will be available all of the time. There may be times when certain features, parts or content of the Website, or the entire Website, become unavailable (whether on a scheduled or unscheduled basis), for example due to maintenance or upgrades.
2.4 If you choose, or you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party and you should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. You agree to accept responsibility for all activities that occur under your account or password. We 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.
3. Your Order
3.1 Only persons aged 18 years and over, who are legally entitled to do so are permitted to place orders on the Website. Therefore, by placing an order, you confirm that (i) you are at least 18 years old; and (ii) you agree to be bound by these Terms.
3.2 Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You will have the opportunity to check and if necessary correct any input errors in your order up until the point at which you submit your order to us by clicking the "Place Order Now" button on the checkout page.
3.3 Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. We are not obliged to accept your order and may, in our discretion, decline to accept any order. Where we accept your order, we will confirm such acceptance to you by sending you an email that confirms that we have accepted your order (Order Confirmation). The contract between you and us in relation to the products ordered (Contract) will only be formed when we send you the Order Confirmation. We will send you a further email to notify you when your goods have been dispatched.
3.4 The Contract will relate only to those products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Order Confirmation.
3.5 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the Terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their Terms and conditions applying to the transaction.
4.1 Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days of the date of the Order Confirmation, unless there are exceptional circumstances.
4.2 Your order will be delivered to the delivery address you specify when placing your order. We deliver to all addresses within the United Kingdom mainland. Products comprised within the same order cannot be delivered to different addresses.
5. Delivery outside the United Kingdom
5.1 If you order products for delivery outside the United Kingdom, they may be opened and inspected by customs authorities and may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
5.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
6. Risk and title
6.1 Products ordered will be at your risk from the time of delivery. Ownership of the products ordered will also pass to you on delivery, provided full payment of all sums due in respect of the products, including any delivery charges, has been received.
7. Cancellation and Returns
7.1 Except in relation to certain products set out below, if you are contracting as a consumer in the European Union, you may cancel your Contract at any time before your order is delivered and within 14 working days of receiving your delivery from us or, if you have more than one product in an Order, within 14 days of that last product being delivered to you.
7.2 If you wish to cancel at any time after the 28 working days following receipt of your first issues, you are free to do so at any time. However, we would advise that you provide us with 28 days' notice of cancellation as otherwise issues and/or products may already be on their way to you and we will be unable to prevent their delivery.
7.3 In the event you wish to cancel a Contract, you must clearly inform us, preferably:
(a) in writing by email to firstname.lastname@example.org, giving us your name, address and order reference;
or (b) by completing our cancellation form available on your dispatch note and returning it to the address specified in that form.
7.4 You will not have any right to cancel a Contract for the supply of any audio and/or visual products [or computer software], in each case, where the sealed packaging has been opened after delivery, unless such products were damaged or faulty when delivered to you or have been incorrectly delivered.
7.5 You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may have a right to claim the cost of any deterioration from you.
7.6 Details of the consumer rights described above, and an explanation of how to exercise them, are provided in the Order Confirmation.
7.7 If you cancel a Contract between us during the period specified in paragraph 7.1, we will process any refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. We will refund the price of the product in full, including the cost of delivery. You will be responsible for the cost of returning the products to us.
7.8 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
8.1 The price of any products will be as quoted on the Website from time to time. Prices are given in pounds sterling and include VAT but exclude delivery costs which may be specified individually in each of our offers. Prices and delivery costs are liable to change at any time, but changes will not affect orders on respect of which we have already sent you an Order Confirmation.
8.2 Our Website contains a large number of products and it is always possible that despite our best efforts, some of the products listed on our Website may be incorrectly priced. If a product’s correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.
8.3 Payments for subscriptions can be made via the Website. Unless otherwise specified in the offer concerned, you only pay after you receive your order. Payments for back issues or any other product will be taken on or around the date your order is processed. Payments may be made by credit card, debit card or by Direct Debit via the Website. The payment on your credit or debit card will appear on your statement as [insert name]. In the event that we do not accept your order we will return to you the full amount taken from your card.
9. Faulty products
9.1 If any Product you order is damaged or faulty when delivered to you, the price of the Product shall be refunded to you in full, including the cost of delivery. If you believe a Product was delivered damaged or faulty, you must inform us in writing, giving us your name, address and order reference. Nothing in this section affects your legal right.
9.2 To return a faulty Product, you must package and return the item to us for inspection. We advise that you return the Product to us either by recorded delivery mail or other form of certified mail to the following address. Please call us on 0333 240 1227 or email email@example.com to find out our return address and how to send your first pack back to us for a refund.
9.3 In the event that a Product is found to be faulty by us, we will either:
(a) subject to availability, replace your Product free of charge and refund your return delivery costs in full; or (b) if we are unable to replace your Product, provide you with a full refund including your return delivery costs for returning the faulty Product to us.
9.4 In order for us to refund the return delivery costs to you, please provide us with copies of receipts to evidence your postage costs (including cost of postage materials) to the address above. If a Product is not found to be faulty by us, we will not refund your delivery costs for returning the Product to us.
10. Product information
10.1 Whilst we have taken reasonable steps to depict products as accurately as possible through the photographs and other images featured on the Website, the detailing you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.
11. Intellectual property rights
11.1 All intellectual property rights in any content on the Website (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors.
11.2 If you print off, copy or download any part of our site in breach of these Terms, you must not remove any copyright, trade mark or other intellectual property right notice(s) from the content.
11.3 Except to the extent expressly set out in these Terms, you are not being given any rights in respect of any intellectual property rights owned by us or our licensors. You do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by downloading any content from the Website or otherwise.
12. Our Liability
12.1 Nothing in these Terms and conditions shall limit or exclude our liability to you:
(a) for death or personal injury caused by our negligence;
(b) for fraudulent misrepresentation;
(c) for breach by us of any term to the effect that we have the right to sell and supply the products to you; or (d) for any other liability that may not, under English law, be limited or excluded.
12.2 Subject to paragraph 12.1, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant products (together with any ancillary charges, for example for delivery) and is limited to losses that were reasonably foreseeable. Losses are foreseeable where, at the time your order is accepted by us, they were reasonably foreseeable as being a likely consequence of any breach by us of the agreement between us and you.
12.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.
13. Uploading Information to our Website
13.1 Whenever you make use of a feature that allows you to upload material to our Website, or to make contact with other users of our Website, you must comply with the content standards set out in these Terms and our Acceptable Use Policy.
13.2 Any material you upload to our Website will be considered non-confidential and non-proprietary and you grant us a non-exclusive, royalty free, sub-licensable right to use, copy, adapt, distribute and disclose to third parties any such material for any purpose in any form throughout the world in perpetuity. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, right to privacy and/or right not to be defamed. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us including the execution of deeds and documents at our request.
13.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website and we have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.
13.4 You represent and warrant that you own or otherwise control all of the rights to the content that you post and/or upload. Furthermore that, at the date that the content is submitted to the Website: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Term and will not cause injury to or defame any person or entity.
14. External links
14.1 Our Website may include links to other websites. We may include these to provide you with access to information and services that you might find useful or interesting. We have no control over and are not responsible for the content of these other websites or for anything provided by them, and do not guarantee that they will be available at any given time. The fact that we include links to such external sites does not imply any endorsement of, or association with, their operators.
15.1 You may not transfer or assign any or all of your rights or obligations under any Contract.
15.2 All notices given by you to us must be given in writing to the address set out at the end of these Terms. We may give notice to you at either the email or postal address you provide to us when placing an order.
15.3 If we fail to enforce any of our rights, that does not result in a waiver of that right.
15.4 If any provision of these Terms is found to be unenforceable, all other provisions will remain unaffected.
15.5 These Terms may not be varied except with our express written consent.
15.6 These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract. Contracts may be concluded in English only.
15.7 These Terms and your access and use of the website will be governed by English law. Any dispute regarding the website, these Terms or any Contract will be dealt with by the English courts, provided that if you are a consumer and live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute may be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
15.8 Access to the website or to any content from territories where use of the website (or any part of it) is illegal or unlawful is expressly prohibited. If you choose to access the website from outside the United Kingdom, you do so of your own accord and are responsible for compliance with local laws.