In this document:
- “Content” means information and/or data in any form published on Our Website by us or any third party with our consent.
- “Our Website/s” means all of the hardware and software installation that enables our website to function and all Content.
- “Post” means place on or into Our Website any Content or material of any sort by any means.
- “Product” means anything we offer for sale on Our Website.
In this agreement unless the context otherwise requires:
2.1 a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
2.2 in the context of permission, “may not” in connection with an action of yours, means “must not”.
2.3 any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
2.4 a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
2.5 this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our Contract
3.1 If you use Our Website in any way on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.2 In entering into this contract you have not relied on any representation or information from any source except Our Website.
3.3 You acknowledge that you are satisfied that the Product you have selected is suitable and satisfactory for your requirements.
3.4 When you click to buy a Product from us, in law you are offering to buy. Your contract with us is made when we send a Product to you.
3.5 Every Product you buy which is separately identifiable is the subject of a separate contract. Accordingly, performance or breach of one contract does not affect any other.
3.6 You agree that you are bound by these terms (or the latest version of them) for all future contracts with us, whether ordered through Our Website or in some other way.
3.7 You now agree that you commit a breach of this contract if you seek repayment of money paid to us by asking your credit card provider to credit back a payment made to us, without attempting to seek repayment from us first. In that event, you agree that you will owe us first the sum charged to us by our merchant service provider and secondly a sum based on time spent at £100 per hour in dealing with your breach. You also agree that this provision is reasonable.
4. Content charges
4.1 The prices payable for our content are clearly set out on Our Website.
4.5 Our Products require payment in advance in every case.
5. Security of your credit card
5.1 We take care to make Our Websites safe for you to use. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
5.2 If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details. These details will be fully encrypted and only used to process transactions which you have initiated.
6. Delivery of the Services
6.1 Products are dispatched within a reasonable working time from confirmation of your order. You will receive email notifications of the status of your order.
6.2 We accept no responsibility for problems you may have in making payment through a web page of our payment service provider or in downloading any document or other Service.
7. Cancellation and refunds
This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Provided the Regulations apply to the transaction concerned, then the following terms apply to this contract.
7.1 We now inform you that information relating to all aspects of our Products and Services is not in this document but in other web pages from where you select the Product or Service.
7.2 You have a right to cancel the contract within 14 days of placing your order.
7.3 Every Product provided by us is designated to be delivered as soon as we are reasonably able to deliver it.
7.4 By accepting these terms, you now agree that you are instructing us to deliver as soon as we are reasonably able to deliver it and you understand that, in doing so, you lose your right to cancel your order within 14 days.
7.5 This paragraph does not affect your rights in the event that there is any material error in the Product.
7.6 Returns to Cosmonaut Magazine must be unopened and in the same condition as they were received. Refunds will be processed once the product has been received by us and the claim conditions have been assessed by our experts.
8. Liability for subsequent defects
8.1 Please check the Product received from us immediately upon taking delivery of it.
8.2 If you find an error in the Product, you must tell us by email message to .
8.3 The procedure to report an error is as follows:
8.3.1 you must report to us as soon as any error is discovered but not later than one week from receipt by you.
8.3.2 please tell us clearly what is the error you complain of and other information to enable us to identify it.
8.4 If we agree that the Product is faulty, then we shall:
8.4.1 correct the error and come back to you within 3 days, or
8.4.2 refund the full cost you have paid.
9. Promotions, offers and events
If we offer Services in some way not anticipated by these terms, then you are entitled to terms no less favourable than those set out here.
10. Disclaimers and limitation of liability
10.1 The law differs from one country to another and between consumers and other buyers. This paragraph applies so far as the applicable law allows.
10.2 All implied conditions, warranties and terms are excluded from this agreement.
10.3 We make no representation or warranty that any Product will be:
10.3.1 useful to you;
10.3.2 of satisfactory quality;
10.3.3 fit for a particular purpose;
10.3.4 available or accessible, without interruption, or without error.
10.4 We shall not be liable to you for any loss or expense which is:
10.4.1 indirect or consequential loss; or
10.4.2 economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
10.5 Our Website may contain links to other internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
11. Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
11.1 modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
11.2 link to our site in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
11.3 download any part of Our Website, without our express written consent;
11.4 collect or use any product listings, descriptions, or prices;
11.5 collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
11.6 aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
11.7 for any purpose use our name, any proprietary information (including images, text, page layout, or form) of ours or of our affiliates in any way and in particular to entice search robots to some other website;
11.8 upload or republish any part of our Content on any Internet, intranet or extranet site.
11.9 share with a third party any login credentials to Our Websites;
11.10 use on Our Website software which assists in:
11.10.1 data mining, extraction or collection;
11.10.2 performing any automated operation;
11.11 Despite the above terms, we now grant a licence to you to:
11.11.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. you can do this without specific permission. This licence is conditional upon your not portraying us or any Product in a false, misleading, derogatory, or otherwise offensive manner.
11.11.2 you may copy the text of any page for your personal use in connection with the purpose of Our Websites or a Service we provide.
12. Dispute resolution
The following terms apply in the event of a dispute between the parties:
12.1 If you are not happy with our services or have any complaint then you must tell us by email message to .
13. Miscellaneous matters
13.1 You undertake to provide to us your current land address, e-mail address, telephone and fax numbers as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
13.2 We may change this agreement in any way at any time. The version applicable to your contract is the version which is Posted on Our Website at the time you buy a Product or Service.
13.3 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
13.4 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
13.5 Any obligation in this agreement intended to continue to have effect after termination shall so continue.
13.6 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
13.7 When you visit Our Websites or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Websites. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
13.8 In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
13.9 This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
13.10 The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in England and Wales.