Terms and conditions of use

 

1. Introduction

 

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our website, purchase through our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

 

2. Credit

 

2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).

 

3. Copyright notice

 

3.1 Copyright (c) 2017 Cross Sword Ltd.

 

3.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensor's, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

 

4. Licence to use website

 

4.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website;

(d) stream audio and video files from our website; and

(e) use our website services by means of a web browser,

 subject to the other provisions of these terms and conditions.

 

4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

 

4.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

 

4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

 

4.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

 

4.6 Notwithstanding Section 4.5, you may redistribute our newsletter or social media posts  in print and electronic form to any person.

 

4.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

 

5. Acceptable use

 

5.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) 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;

(d) 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;

(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f) violate the directives set out in the robots.txt file for our website; or

(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, forums,  telemarketing and direct mailing).

 

5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

 

5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

 

6. Registration and accounts

 

6.1 To be eligible for an account on our website under this Section 6, you must be resident or situated in the Europe.

 

6.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

 

6.3 You must not allow any other person to use your account to access the website.

 

6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

 

6.5 You must not use any other person's account to access the website.

 

7. User login details

 

7.1 If you register for an account with our website, you will be asked to choose a user ID and password.

 

7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

 

7.3 You must keep your password confidential.

 

7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

 

7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

 

8. Cancellation and suspension of account

 

8.1 We may:

(a) suspend your account;

(b) cancel your account; and/or

(c) edit your account details, at any time in our sole discretion without notice or explanation.

8.2 You may cancel your account on our website by writing to us at the address info@cross-sword.com.

 

9. Your content: licence

 

9.1 In these terms and conditions, "your content" means [all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website].

 

9.2 You grant to us a [worldwide, irrevocable, non-exclusive, royalty-free licence] to [use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media] OR [reproduce, store and publish your content on and in relation to this website and any successor website] OR [reproduce, store and, with your specific consent, publish your content on and in relation to this website].

 

9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.

 

9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

 

9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

 

9.6 You may edit your content to the extent permitted using the editing functionality made available on our website.

 

9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

 

10. Your content: rules

10.1 You warrant and represent that your content will comply with these terms and conditions.

 

10.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

 

10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) [depict violence[ in an explicit, graphic or gratuitous manner]];

(m) [be pornographic[, lewd, suggestive or sexually explicit]];

(n) [be untrue, false, inaccurate or misleading];

(o) [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];

(p) [constitute spam];

(q) [be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory]; or

(r) [cause annoyance, inconvenience or needless anxiety to any person].

 

11. Limited warranties

11.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

(c) that the website or any service on the website will remain available.

 

11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

 

11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

 

12. Limitations and exclusions of liability

12.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

 

12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a) are subject to Section 12.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

 

12.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

 

12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

 

12.5 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.

 

12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

 

12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

 

12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

 

13. Breaches of these terms and conditions

13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(c) permanently prohibit you from accessing our website;

(d) [block computers using your IP address from accessing our website];

(e) [contact any or all of your internet service providers and request that they block your access to our website];

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) [suspend or delete your account on our website].

 

13.2 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])].

 

14. Variation

14.1 We may revise these terms and conditions from time to time.

 

14.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

14.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

 

15. Assignment

15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

 

15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

 

16. Severability

16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

 

16.2 If any unlawful and/or unenforceable provision of these terms and conditions 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.

 

17. Third party rights

17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

 

17.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

 

18. Entire agreement

18.1 Subject to Section 12.1, these terms and conditions[, together with [our privacy and cookies policy],] shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

 

19. Law and jurisdiction

19.1 These terms and conditions shall be governed by and construed in accordance with English law.

 

19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

 

20. Statutory and regulatory disclosures

 

20.1 Our VAT number is 275 6001 12

 

21. Our details

21.1 This website is owned and operated by Cross Sword Ltd.

 

21.2 We are registered in England and Wales under registration number 08780321, and our registered office is at 173 Caledonian Road, Islington, London, N1 0SL.

 

21.3 Our principal place of business is at 173 Caledonian Road, Islington, London, N1 0SL.

 

21.4 You can contact us:

(a) by post, using the postal address given above;

(b) using our website contact form;

(c) by email, using the email address: info@cross-sword.com

 

22. Conditions of Sale

22.1 These terms and conditions ("Conditions") apply to the sale to you of any of the goods listed on the Website ("Goods"). Please ensure that you read these Conditions carefully before you order any Goods from the Website. You should understand that by ordering any Goods through the Website you are agreeing to be bound by these Conditions.

 

22.2 We may update or amend these Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. Any updates or amendments will be posted on the Website.

 

22.3 Your contract with Cross Sword  will be subject to the Conditions in force at the time that you order Goods from us, unless any change to those policies or the Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or the Conditions before we send you the Confirmation Email (in which case we have the right to assume that you have accepted the change to the Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Goods).

 

23.  Orders

23.1 All orders are treated as placed and received in Europe. We do not accept orders from outside Europe.

 

23.2 By placing an order through the Website, you warrant that you are legally capable of entering into binding contracts, you are resident in, and accessing the Website from, Europe; you are at least 18 years old and are acting in the capacity of a consumer.

 

23.3 When making a purchase you will be asked to provide your name, billing address, delivery address, telephone number and credit or debit card details. You will be required to choose a username and password on completion of registration. You are responsible for keeping this information safe and should not disclose this information to anyone else. If you feel your password has been compromised, you must alter it immediately. www.cross-sword.com will not pass on your personal information or credit/debit card details to any third party.

 

23.4 Your order constitutes an offer to us to purchase the Goods. When an order is placed you will be sent an e-mail to confirm your order has been received by Cross Sword Ltd. This e-mail does not guarantee we can dispatch your order as it has yet to be processed, we will carry out validation checks, including your credit and debit card details. Cross Sword may cancel or amend your order at any time as a result of security checks or insufficient stock levels, price discrepancy etc. Should any problems occur with your order an e-mail will be sent to you.

 

23.5 The Contract will only relate to those Goods whose dispatch we have confirmed in the Confirmation Email. We will not be obliged to supply any other Goods, which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Confirmation Email.

 

24. Product Availability, Price  & Descriptions

24.1 The availability and specification of the Goods are subject to change without notice, although we will try and give you notice wherever possible.

 

24.2 All descriptions, drawings and specifications on the Website are published for illustration purposes only and are not binding on us.

 

24.3 The price of any Goods will be as quoted on the Website, except in cases of obvious error. Where applicable the prices quoted on the Website are inclusive of VAT at the standard rate and exclusive of delivery charges.

 

24.4 The price of the Goods on the Website may vary from prices quoted in other websites operated by Cross Sword, in store prices and any brochure prices. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation Email.

 

24.5 The Website contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on the Website may be incorrectly priced. We will normally verify prices as part of our confirmation procedure so that, where any item's correct price is less than our stated price, we will charge the lower amount when dispatching the relevant Goods to you. If an item's correct price is higher than the price stated on the Website, we will normally, at our discretion, either contact you for instructions before confirming the Contract for the Goods or reject your order and notify you of such rejection. We are under no obligation to provide the Goods to you at an incorrect (lower) price, even after we have sent you a Confirmation Email, if the pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mis-pricing.

 

25. Payment

25.1 Payment may be made by any credit, debit or payment card acceptable to us or by Paypal, and such payment will be encrypted to ensure secure electronic transmission of data. We will not charge your credit or debit card immediately upon purchase of your order. We recommend that you do not communicate your payment card details to anyone, including us, by e-mail. We cannot be responsible for any losses you may incur in transmitting information to us by Internet link or by e-mail. Any such loss shall not be borne either wholly or partly by us, and shall be entirely your responsibility.

 

26. Risk and Title

26.1 Ownership of the Goods shall not pass to you until we have received in full all monies owed by you to us under this Contract and any other contract with us.

All risk of loss of or damage to the Goods shall pass to you upon delivery.

 

27. Liability

27.1 All descriptions, drawings and specifications on the Website are published for illustration purposes only and are not binding on us. Cross Sword has made every effort to reproduce colours on the Website as accurately as possible but exact colour matches are not possible. If you are not satisfied with the colour of the Goods you have ordered you may return them under clause stated in our returns policy.

 

27.2 We warrant to you that any Goods purchased from us through the Website are of satisfactory quality and reasonably fit for all the purposes for which goods of such kind are commonly supplied.

 

27.3 Our liability for your losses as a result of us breaking this agreement is strictly limited to the purchase price of the Goods you purchased and any losses, which are a natural and foreseeable consequence of us breaking the agreement.

 

27.4 You must follow any written advice (instructions or product manuals) provided with the Goods to ensure their safe use. We cannot accept liability for damage to Goods which is caused by your failure to follow this advice.

 

27.5 We are not liable for indirect losses which happen as a side effect of the main loss or damage including, loss of income or revenue or business; loss of profits or contracts; loss of anticipated savings; or waste of management or office time, however arising and whether caused by tort (including negligence), breach of contract or otherwise.

 

27.6 We will not be liable to you if we are prevented or delayed from complying with our obligations under these Conditions by anything you (or anyone acting on your behalf) do or fail to do or due to events which are beyond our reasonable control.

 

27.7 Nothing in these Conditions limits our liability for personal injury or death caused by our negligence or for fraud.

 

27.8 We will not be liable to you for any delay in delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

 

27.9 We will not be liable (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.

 

28. Communications & Notices

28.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This does not affect your statutory rights.

28.2 All notices given by you to us must be given to Cross Sword Ltd  at the registered office address or email address given in clause 21. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in the paragraph above.

28.3 Notice will be deemed received and properly served 24 hours after an email is sent or it is posted on the Website, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

 

 

29. Unsubscribe

29.1 If you wish to unsubscribe from e-mail marketing communications that we send you, you can easily do this by clicking on the unsubscribe link at the bottom of any e-mail newsletter we have sent to you.

 

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