
Terms & Conditions
Your Agreement with Lunardog
1. Introduction.
This Agreement is a legal document which sets out your rights and obligations, and those of Lunardog ("we","us" or "Lunardog"), in relation to this site ("Lunardog Site") and the books and any other products (“Lunardog Products”) offered through the Lunardog Site. You must take the time to read and understand this Agreement before registering for the Lunardog Site or making a purchase through the Lunardog Site; you accept that you are entering into a contract with us on the terms of this Agreement. You should be aware that this Agreement may change from time to time in accordance with Clause 12 below.
2. Lunardog Product Details
Lunardog Products are subject to availability. If a Lunardog Product
has becomes out of stock at a time when we receive the order, we will
inform you, and you will not be charged for it.
On the Lunardog Site, we endeavour to display as accurately as we
reasonably can the nature and appearance of Lunardog Products. However,
we cannot guarantee that the appearance of a Lunardog Product as
delivered will replicate how it appeared to you on-screen; in part,
this is dependent upon your computer’s display monitor, the limitations
of technology and even how you perceive colour.
3. Orders and Delivery
We will contact you if there is an excessive delay with the despatch of your Lunardog Products.
We aim to send out Lunardog Products on the working day after we receive an order; however this is not guaranteed.
Unless otherwise stated, we use [standard Royal Mail post] for the sending of Lunardog Products.
We reserve the right to decline to fulfill orders for any reason,
including where a Lunardog Product has been mis-published, such as its
price or specification. Orders are treated as offers which we are
entitled to accept or decline.
4. Cancelling Your Purchase
You
have the right to cancel your order for a Lunardog Product during the
period of 7 working days following the first working day after the day
on which you receive it. A working day is any day except Saturday,
Sunday and UK public holidays. You can cancel your order for a Lunardog
Product during this “Cooling Off Period” by emailing
[cancellation@lunardog.com].
If you cancel during this Cooling
Off Period then you must return the Lunardog Product to us at your own
cost so that we receive it (a) within 14 days of the date you
cancelled, and (b) in the same condition as when you received it. If
you cancel during the Cooling Off Period and return the Lunardog
Product as described in the previous sentence, then you will receive a
refund of the price you paid for the Lunardog Product.
Refunds for Lunardog Products bought as gifts can only be given to the original purchaser.
5. Withdrawal of Lunardog
Please note that Lunardog reserves the right to withdraw the Lunardog Site either temporarily or permanently.
6. Intellectual Property
You acknowledge that all copyright, trade marks, and other intellectual
property rights in and relating to the Lunardog Site are owned by, or
exclusively licensed to, us. It is easy to copy material which appears
on web-sites, but this does not mean it is legal. Therefore, no-one may
copy, distribute, show in public or create any derivative work from the
Lunardog Site or any of the material which is found on the Lunardog
Site unless properly licensed to do so by us.
You agree to respect the copyright and other rights subsisting in or in
relation to each Lunardog Product that you may purchase.
7. Privacy policy.
Our privacy policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy. The privacy policy can be found at [link to privacy policy].
8. Additional services.
We or our affiliates may offer new or additional services through the Lunardog Site from time to time. Your use of those services may be subject to additional terms and conditions, which you must comply with. Provided that those terms are notified to you on the Lunardog Site in an appropriate manner (as determined by us in our reasonable discretion) when you agree to take those services, any failure by you to comply with a material provision of the terms governing those services will amount to a breach of this Agreement.
9. Liability.
• Lunardog shall be liable as expressly provided in this Agreement, but
shall have no other obligation, duty or liability whatsoever in
contract, tort (including negligence, breach of statutory duty and any
other tort) or otherwise.
• Nothing in this Agreement shall exclude or restrict our liability for
death or personal injury resulting from our negligence.
• Lunardog’s liability in relation to any Lunardog Product shall be limited to the price you paid for that Lunardog Product.
• We will not be liable to you or anyone else, whether in contract,
tort (including negligence, breach of statutory duty or other tort) or
otherwise:
• for any loss of revenue, business, anticipated savings or profits; or
• for any indirect, special or consequential loss damage, costs or other claims,
howsoever caused or arising, whether through non-supply or late supply
of a Lunardog Product or other non-performance of this Agreement or
otherwise.
• Except as expressly stated elsewhere in this Agreement, all
representations, warranties, conditions and other terms, whether
express or implied (by common law, statute, collaterally or otherwise)
are hereby excluded, except in the case of fraud, or where such
exclusion is not permitted by law.
• The provisions of this Clause 9 shall survive the termination or expiry of this Agreement.
10. Other sites.
The Lunardog Site may include links to other web-sites. We do not have any responsibility for the content of those sites. Linkage or reference to another web-site does not convey any endorsement or approval of it by us.
11. Entire Agreement.
This Agreement is intended to contain your entire agreement with us relating to the Lunardog Site and Lunardog Products; we believe it to be fair and reasonable. It replaces all earlier agreements and understandings with you relating to the Lunardog Site or Lunardog Products, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.
12. Changes to this Agreement.
Lunardog reserves the right to change this Agreement from time to time, and post the new version on the Lunardog Site. The new version will take effect for any activity on the Lunardog Site, including any purchase of a Lunardog Product, after the new version is posted on the Lunardog Site.
13. Invalidity.
In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable.
14. Law.
This Agreement, and each purchase of a Lunardog Product, shall be governed by the laws of England and Wales and subject to the non-exclusive jurisdiction of the English courts.
15. Keeping this Agreement.
We don’t separately file the individual Agreements entered into by users of the Lunardog Site. You can access it at [www.lunardog.com/terms]. Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer. It is offered in English only.
16. Contact.
Lunardog Limited is a company registered in England and Wales under Company Number 06497908, operating from an address at Top Floor 36 Mafeking Avenue, Brentford Middlesex, TW8 0NH. Please note that all notices under this Agreement are to be sent and received by email. For this purpose, your notices should be sent to notices@lunardog.com and we will send our notices to you at the email address you notify to us through the Lunardog Site.
© Lunardog Limited 2008