Terms and Conditions
Modern Astronomy Ltd
Last Updated: 24 May 2018
Introduction
Hello! Thanks for visiting us. Please read this carefully before using our site, services, and products. This agreement (“Terms and Conditions“, “T&C“) is a legal contract between you (“you”) and Modern Astronomy Ltd (“Company“, “we“, “us“) over your use of our website located at modernastronomy.com (“Website“).
By using this Website you will be bound by these T&C and the Company’s privacy policy (“Privacy Policy“). If you don’t agree to these T&C and/or the Privacy Policy, you must not use this Website.
These T&C apply to the services available from and related to the Website, including without limitation any Company-owned or third-party communication channels accessible from or related to the content of the Website (together with the Website, the “Services”).
We’ve also included some annotations that aren’t a part of the contract itself, but are intended to help you understand our fair terms.
Please remember that by using this website and its services you’re bound to a legal contract, which is contained within this page. Please make sure to read everything before proceeding forward and if you have any questions or suggestions feel free to contact us at info@modernastronomy.com
Changes to the Website and its Services
The Company may modify, replace, refuse access to, suspend or discontinue the Website, partially or entirely, or change and modify prices for all or part of the Services at our sole discretion.
All of these changes shall be effective upon their posting on our site – your use of the Services following such event constitutes your acceptance of the T&C as modified.
The Company reserves the right to amend and alter these Terms and Conditions. In such event the Company will post the amended Terms and Conditions on this Website. Changes will apply from the date of posting.
If after the Terms and Conditions and/or the Privacy Policy have been amended or altered you do not agree to their new terms, you must stop using this Website.
Your Personal Data
We respect your rights regarding your privacy and information, and we provide this Privacy Policy to help you understand how we collect, use, share, store and disclose information we obtain from or about you when you use the Services.
This Privacy Policy also describes the choices available to you regarding the use of, your access to and how to update and correct your information.
Privacy matters to us. We want to look after your personal data should we need to store it and retain it, while also giving you all the possible tools to access, update, download and delete it should you wish to do so.
Your Use of this Website
You must not use this Website for anything that is unlawful or is prohibited by these T&C and/or any notices elsewhere on this Website.
The Company advises that you seek professional advice before relying on any information on this Website. Under no circumstances will the Company be liable in any way for any information it provides on the Website or through the Services, including, but not limited to, any errors or omissions in any content and information, including but not limited to text, software, photographs, graphics, video or other material (also known as “Content”), or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
You represent and warrant to Company that you are of legal age to form a binding contract or have your parent’s permission to do so. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
If you link to the Website, we may revoke your right to so link at any time. We reserve the right to require prior written consent before linking to the Website.
You will indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of these T&C, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
Please don’t spam, copy, link to, duplicate, rely upon our Website and its Content. We try to do our best and we hope you can use Modern Astronomy legally. Thanks for your understanding!
Your Website Account
To register an account (“Account“) on this Website, you need to either:
- a) provide your name and email address and become an account holderof this Website (“Subscriber“)by clicking the ‘Account’ tab on the Top Right Hand side of the website navigation bar or
- b) complete the Checkout by providing billing details and become a customer of this Website (“Customer“) and then provide an email address and password to register your account.
You must provide true, accurate, current and complete information about yourself when completing the forms. If any information provided by you is not true, accurate, current and complete, the Company has the right to cancel your account and refuse any and all current or future use of this Website.
Account registration requires you to provide a valid email address and a password.
The Company reserves the right to cancel your Account without notice if the Company becomes aware of any breach of these T&C by you.
From your account dashboard you can view your recent orders, manage your shipping and billing addresses and edit your password and account details.
You may cancel your Account at any time. Please contact us at info@modernastronomy.com
Purpose
The Company enables Users to buy products and accessories for Astronomy. You are required to pay in advance before gaining access to the products on offer.
Items are normally in stock and are usually dispatched within two working days, if a delay seems likely you will be informed by email
If a product is ordered specifically for you, or is of limited availability, you will be informed by email of updates on the progress of your goods, and expected delivery time.
Payments
Payments are made online through our secure shopping gateway – Sage Pay, which accepts Visa and MasterCard credit and debit cards, but not American Express. We also accept payment by Bank Transfer. Please add items to the cart as you shop and checkout when you are ready. You will be presented with our current payment methods when you checkout.
We don’t store credit card numbers, as transactions are processed directly by Sage Pay.
If you’d like to order but don’t have a suitable Credit or Debit card, please contact us and we’ll try to assist by offering alternative methods such as PayPal.
Telephone payments are available in exceptional circumstances and at our discretion. Your card information will be processed manually, through an online system, then your details will be destroyed.
Returns
We want you to be happy with your purchase!
However, if you change your mind for any reason, you can return it to us for a full refund within 7 days of delivery, provided the goods are not subject to the limitations below.
You will not have a right to return these categories of goods; (i) products which constitute audio or video recordings or computer software which have been unsealed by you; (ii) ones that the price of which is dependent upon fluctuations in financial markets which we cannot control; (iii) made to your specifications, clearly personalised or specially ordered; (iv) goods with a security seal which cannot be resealed for resale (v) goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
Should you wish to return any product, please follow the procedure below before doing anything so you receive our expert advice on the correct method of return, or our collection instructions, depending on the type of goods.
The goods must be not of a category above, and they must be intact, in the same condition as you received them, definitely unused and still contained inside their original packaging.
Products returned within the 7 working day period referred to above will be refunded in full, including the cost of sending the products to you. However, you will be responsible for paying the cost of returning the product to us safely. See below for instructions on our Returns Procedure
If you cancel an order on this basis and you do not return to the products to us, we will recover the products and charge you the costs that we incur in doing so. If you return the products at our expense, we will charge that expense to you.
Returns Process
Please contact us by email (info@modernastronomy.com) to receive the best advice on returning your product, and include your telephone number.
Please ensure you follow these instructions given, which may involve using a registered, insured postage or delivery service, or we may arrange collection, depending on the goods concerned. We will also advise you on properly packaging the goods.
Refunds
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
Nothing in these terms of sale affects your statutory rights.
Faulty Goods
All items are quality inspected prior to shipment, however in the rare case you do receive an item with a manufacturing fault we are more than happy to replace or refund the garment at your preference.
Please contact us at info@modernastronomy.com to register your fault and receive return instructions.
If appropriate, please include a photo with your email!
Taxes
All prices include UK VAT at the prevailing rate, currently 20%
Delivery
UK Delivery
Prices include postage to all mainland UK addresses, except where indicated. Larger items may attract a surcharge for off shore or remote locations.
When your item is dispatched, you will receive an email from our shopping cart saying ‘Your order is complete’
We use Royal Mail and Courier services, whichever is more appropriate for the weight and value of your order.
International Delivery
Website prices DO NOT include International delivery costs unless specified at checkout.
We are happy to ship to most countries (see list below). We use a variety of Royal Mail and Courier services, depending on the weight, size, value and urgency of your order.
Place your order via the shopping cart and you will be advised by email of additional shipping charges prior to the processing and dispatch of your order.
Or simply email us for details of shipping charges to your country before you place your order.
Some items which are particularly popular with overseas purchasers already display, in the purchase menu, combined purchase and shipping costs to various regions adjusted for UK VAT (sales tax) where necessary.
If you reside outside the European Union, please check with your customs authorities for details of any import taxes, duties and other charges that may be imposed on entry to your country. We have no control over these.
Excluded Countries
We do not ship to: Afghanistan, Angola, Armenia, Azerbaijan, Democratic Republic of Congo, Ethiopia, Iran, Iraq, Kazakhstan, Kosovo, Kyrgyzstan, Lebanon, Liberia, Nigeria, Rwanda, Siberia, Somalia, Sudan, Syria, Tajikistan, Turkmenistan, Uzbekistan, Vojvodina, Yemen.
Third Party Content and Services
The Company is not an agent of any third party or any party named or linked to this Website (“Third Parties“) and does not have any authority to act for such Third Parties. The Company does not control or endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such Third Parties.
You agree that we are not responsible for the availability or contents of any such third party sites, or the services they provide, which shall be governed by the Terms and Conditions of that third-party business. Your use of third party sites and services is at your own risk. You agree to comply with the relevant terms and conditions of any such third party service provider.
You agree that (to the maximum extent permitted by applicable law) the Company (and our officers, directors and employees) shall have no liability to you in relation to any dispute which you may have with a Third Party, without limitation one or more of your customers, and/or any other users of this Website.
On top of not fully relying on our own Content, you should also not rely of any Third Party content you might find on this Website. Please be always careful, no matter what website you’re looking at!
Intellectual Property
You acknowledge and agree that all Content provided on the Website or through the Services is protected by copyright.
You shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you without prior written consent.
Its quite simple. Please respect our work. Don’t copy. Thank you!
Termination
Without prejudice to any remedy that the Company may have against you, the Company may terminate or suspend with immediate effect and without notice your access to and use of this Website if:
- It does not receive timely payment;
- It reasonably believes that you have breached any of these Terms and Conditions;
- It is unable to verify the accuracy or validity of any information provided by you;
- it suspects fraudulent, abusive or illegal activity by you.
Should you object to any of these Terms and Conditions, or any subsequent changes to them, or become dissatisfied with this Website in any way, your only recourse is to immediately discontinue to access or use this Website.
We hope this won’t ever happen. However, if we find out you’re not following these T&C, we might decide to terminate this contract with you.
Warranty Disclaimer and Limitation of Liability
The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no control over, and no duty to take any action regarding:
- which users gain access to the Content;
- what Content you access via the Services;
- what effects the Content may have on you;
- how you may interpret or use the Content;
or what actions you may take as a result of having been exposed to the Content.
You release Company from all liability for you having acquired or not acquired Content through the GOODS. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate.
THE GOODS, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE.
IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE PRODUCTS OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU FOR THE PRODUCTS PURCHASED THROUGH THE WEBSITE DURING THE SIX-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS; (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (V) FOR ANY ACTIONS OF, OR GOODS PROVIDED BY, THIRD-PARTY SERVICE PROVIDER BUSINESSES OR INDEPENDENT CONTRACTORS PROVIDING GOODS ON BEHALF OF THE COMPANY.
This is legal stuff and honestly we don’t understand why it needs to be all in CAPS… However, this statement is required by law! Basically, if something happens to you or your business because of a little bug in our snippets or something you read on this Website, we cannot be held liable for that. Please be careful, and contact us if you’re not 100% sure.
General
Whilst the Company will try to provide you with uninterrupted access to this Website and its Services, the Company may need to withdraw, modify, discontinue or temporarily or permanently suspend one or more aspects of this Website where the Company has a legal, technical or other good reason to do so (including technical difficulties experienced by the Company or any Internet infrastructure).
However, The Company will try, wherever possible, to give reasonable notice of the Company’s intention to do so.
The Company reserves the right to withhold, remove and/or discard any Content available as part of your account, with or without notice if deemed by the Company to be contrary to these Terms and Conditions.
If the Company fails to exercise or enforce a right under the Terms and Conditions that failure shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, that provision shall be deemed severed and the validity and enforceability of the remaining provisions shall not be affected. The parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision.
Each party acknowledges that on entering into these Terms and Conditions, it does not rely, and has not relied, upon any representation (whether negligent or innocent), statement or warranty made or agreed to by any person (whether a party to these Terms and Conditions or not) except those expressly set out in these Terms and Conditions.
Unless expressly provided in the Terms and Conditions no term of them is enforceable by any person who is not a party to it.
Following from the previous section, these are once again important rules in regard to liability. Always be careful. Always contact us before doing anything if you’re not 100% confident. We’ll help!
Contact / Feedback
If you have any questions about this Agreement or if you wish to report breaches of this Agreement, please contact us by emailing us at info@modernastronomy.com
And thanks for reading the whole document. You’re one of the few who understands the importance of legal contracts and do things carefully. For that reason, you deserve respect!
Modern Astronomy Ltd
Last updated 24 May 2018
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