TERMS OF WEBSITE USE
INFORMATION ABOUT US
This website is operated by or on behalf of Eaglemoss Ltd ("Eaglemoss", "we" or "us" as appropriate). Our contact details are as follows
234 Fifth Avenue, Suite #201, New York, NY 10001
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
When using our site, you must comply with the provisions of our ACCEPTABLE USE POLICY. This site is provided for personal use and you should not use it for business purposes.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
Material incorporated or displayed on this website belongs to Eaglemoss or its licensors. These works are protected by copyright laws around the world. All such rights are reserved. You may print off one copy, and may download extracts, of material displayed on the website for non-commercial, personal use only provided our status (and that of any identified contributors or licensors) as the author and owner of the material must always be acknowledged and you must retain all copyright and other proprietary notices contained on the material (if any). You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You may not use any part of the materials on our site for commercial purposes or otherwise distribute, amend, re-use or re-post any part the content of the site without our permission.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
DISCLAIMERS AND LIMITATION OF LIABILITIES
THE EAGLEMOSS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, THIRD PARTY LINKS, AND PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED OR OTHERWISE MADE AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” UNLESS OTHERWISE SPECIFIED IN WRITING. EAGLEMOSS DISCLAIMS ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS. EAGLEMOSS MAKES NO IMPLIED REPRESENTATIONS AND WARRANTIES. BY ENTERING THIS CONTRACT, YOU EXPRESSLY AGREE THAT YOUR USE OF EAGLEMOSS SERVICES IS AT YOUR OWN RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EAGLEMOSS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EAGLEMOSS DOES NOT WARRANT THAT EAGLEMOSS SERVICES, INFORMATION, CONTENT, THIRD PARTY LINKS, OR PRODUCTS (INCLUDING SOFTWARE), OR ELECTRONIC COMMUNICATIONS SENT FROM EAGLEMOSS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EAGLEMOSS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE OFFERED OR PROVIDED BY EAGLEMOSS, OR FROM ANY INFORMATION, CONTENT, MATERIALS, THIRD PARTY LINKS, OR PRODUCTS (INCLUDING SOFTWARE) INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- your use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of such websites.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of products purchased through this site, which will be set out in our separate TERMS AND CONDITIONS OF SUPPLY.
INFORMATION ABOUT YOU AND YOUR VISIT TO OUR SITE
TRANSACTIONS CONCLUDED THROUGH OUR SITE
Contracts for the supply of products formed through our site or as a result of visits made by you are governed by our separate TERMS AND CONDITIONS OF SUPPLY.
UPLOADING MATERIAL TO OUR SITE
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our ACCEPTABLE USE POLICY which forms part of these terms.
If you submit or upload material to this site (for example artwork or pictures) this will be considered non-confidential and non-proprietary and you agree that Eaglemoss, and others accessing the site are authorised and licensed to use, copy, distribute and disclose such material free of charge to third parties and that such material can be displayed on the site. You confirm you are entitled to submit material that you provide to us and hereby waive any moral rights you may have in such materials. 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 site constitutes a violation of their intellectual property rights, or of their right to privacy.
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 site.
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.
VIRUSES HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Eaglemoss recommends that you install appropriate antivirus software and any other necessary protective software before you download information from this website. Eaglemoss has no control over the content of websites which can be accessed from the Eaglemoss website.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our ACCEPTABLE USE POLICY.
If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com
LINKS FROM OUR SITE
Links or pointers to websites and references to products and services, if any, offered by third parties are provided to you for convenience only. Eaglemoss has not reviewed and has no control whatsoever over any of the websites or their contents mentioned or accessible from this website. Eaglemoss accepts no responsibility and disclaims all liability in respect of websites, and the information contained therein, maintained by any third party whether or not mentioned in or accessible from this website. In addition, the existence of a link from this website to any other website is not and shall not be understood to be an endorsement or approval by Eaglemoss of such linked website, its owner, or any products or services offered on such linked websites.
JURISDICTION AND APPLICABLE LAW
The titles of Eaglemoss’s collections are unregistered and/or registered trademarks of Eaglemoss. All other product names, trademarks, company names or logos appearing on the website are the trademarks of their respective owners. You may not use any trademark featured on the website without the written permission of Eaglemoss or such other party that may own such trademarks.
If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org
This website www.dcakesandsweets.com and associated web pages ("www.dcakesandsweets.com " or "the website") is operated by or on behalf of Eaglemoss Ltd ("Eaglemoss", "we" or "us").
Eaglemoss is committed to processing personal data relating to users of the website ("you") in accordance with applicable data protection law. The following outlines our privacy and data protection policy.
Collection and Use of User Details
When you register at www.dcakesandsweets.com or use the website, we collect personal details about you.
Personal information such as your name, address and e-mail address is collected via www.dcakesandsweets.com’s ordering and registration forms, as well as via chatrooms and other ways in which you communicate with us via the website.
When you visit the site, we also collect website usage information and information about your computer and internet connection, including your computer's IP address, the type and version of browser and operating system you use, your internet domain and, if you arrived at www.dcakesandsweets.com via a link from another website, the URL of the linking page.
We use the information we collect via the website to:
- fulfil orders;
- personalise the content you will see based on your personal characteristics or preferences;
- notify you of relevant new products and features on www.dcakesandsweets.com (subject to obtaining your consent to receiving such information as required by applicable law);
- notify you of promotions from www.dcakesandsweets.com and from Eaglemoss (subject to obtaining your consent to receiving such information as required by applicable law);
- allow reputable third parties to send you information (subject to obtaining your consent to receiving such information as required by applicable law);
- ensure, as far as is practical, that our site is compatible with the browsers and operating systems used by most of our visitors;
- improve our understanding of customer needs in developing www.dcakesandsweets.com;
- build marketing profiles;
- aid strategic development and statistical analysis; and
- as otherwise reasonably required by us and our affiliates in connection with our business or as required by law.
Eaglemoss operates from offices worldwide and may disclose your personal data to its affiliates, representatives, service suppliers, professional advisers, credit reference agencies and law enforcement bodies for the foregoing purposes and other purposes referred to below. The data Eaglemoss collects from you may therefore be transferred to, and stored at, a destination outside the European Economic Area. By submitting your personal data you agree to such transfer and processing. Eaglemoss and its affiliates and data processors seek to ensure appropriate standards of data protection are adhered to for the forms of processing mentioned above.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Some of our forms requesting personal data may provide you with a series of choices regarding promotional activity and other communication with you. In any event, you can opt out of receiving marketing communications from us at any time.
You can delete cookies from your hard drive at any time. However, if you delete these cookies, any settings such as your stored username and password will have to be reset when you log in again.
You will be able to use www.dcakesandsweets.com even if you set your browser not to accept any cookies. However, certain features and content may not be available to you and you will have to log in every time you visit.
Eaglemoss and www.dcakesandsweets.com uses reputable third parties to deliver the e-mails you may receive from this site. These third parties use unique identifiers and invisible images (often called "pixel tags" or "clear GIFs") to perform message open sensing, message format sensing, and clickthrough sensing on behalf of Eaglemoss in order to bring you more relevant information.
Children Under 13
Individuals under the age of 13 should not submit any personal details without the permission of their parent or guardian.
Other permitted disclosures
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If Eaglemoss Ltd or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
Changes to this policy
If you would like to request a copy of the information Eaglemoss holds relating to you please contact email@example.com in the first instance. As permitted by law Eaglemoss reserves the right to charge you a fee of £10 to meet its costs in providing you with information it holds about you.
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you, the user of or visitor to this site, and us under which you may access our website and associated web pages ("www.dcakesandsweets.com", "the website" or "site"). This acceptable use policy applies to all users of, and visitors to, our site.
You may use our site only for lawful purposes. You may not use our site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our CONTENT STANDARDS
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
To conduct any business activity
You also agree:
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
- Chat rooms.
- Bulletin boards.
Where we do provide any interactive service, we will decide in each case in our sole discretion whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted. Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark or other right of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
SUSPENSION AND TERMINATION
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
EAGLEMOSS PUBLICATIONS LTD: TERMS OF SUPPLY
These are the terms and conditions on which we supply the products ('Products') listed on our website (www.dcakesandsweets.com) ('our site'). By ordering any of our Products, or taking out a subscription, you agree to be bound by these terms and conditions.
Information About Us
www.www.dcakesandsweets.com is operated by Eaglemoss Ltd ('we'). We are registered in England and Wales under company number 2843872 and with our registered office and main trading address at Beaumont House, Kensington Village, Avonmore Road, London UK W14 8TS. Our VAT number is GB 242 5983 47.
How The Contract Is Formed Between You And Us
Our contract with you ('the Contract') will only be formed when we send you our confirmation of acceptance of your order (the Dispatch Confirmation). We will send you the first Product that is the subject of the Contract within 30 days of the date of the Dispatch Confirmation, unless exceptional circumstances apply (e.g. where you have ordered Products more than 30 days before they are published, in which case delivery within 30 days of Dispatch Confirmation will not be possible). We will in such circumstances notify you of when we expect to be able to deliver the first Product ordered.
The number of issues comprising a Product as set out on our site is indicative only of the number of issues that we expect to comprise such Product. We reserve the right to reduce the number of issues comprising a Product by cancelling the Contract in accordance with these terms and conditions. You have no right to any refund for Products already supplied and paid for in the event we cancel the Contract.
The images of proposed covermounts and subscription gifts are for illustrative purposes only. We will make every effort to supply such covermounts and subscription gifts as are listed on the site but reserve the right to provide alternative covermounts and subscription gifts of similar value or to provide such covermounts and subscription gifts in a different order to that listed on the website.
You have no right to cancel the Contract under the Consumer Protection (Distance Selling) Regulations 2000. You may however cancel any Contract for a standard subscription by 28 days written notice to us at any time. If the Contract relates to a premium subscription your right to cancel the Contract is set out below under the heading Subscriptions - Premium.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
Subscriptions – standard
Items offered as part of a subscription offer are subject to the Contract remaining in force at the relevant time. Items offered as part of a subscription offer are not all due at the time the Contract comes into effect. If we cancel the Contract in accordance with these terms and conditions, without affecting your right to receive a refund for items for which you have paid but not received, you will not receive items offered as part of a subscription offer that fall due after such cancellation.
Subscriptions – Premium
If the Contract is for a premium subscription you agree to the following:
- the premium subscription offer runs in batches of 10 issues (or such number of issues as specified on our site), meaning that you will receive the item offered as part of the premium subscription with every 10th (or other number specified) issue of the Product (if you start in the middle of a run of 10 issues, you can receive the premium item by making up the difference in price of those issues for which you only paid a standard subscription amount):
- you cannot cancel the Contract for the premium aspect of the subscription except at the end of each batch, such notice to be given at least 14 days prior to the end of the then current batch:
- if we cancel the Contract in accordance with these terms and conditions before dispatch of any batch for which you have paid (or are then in the process of paying for) we will reimburse you such sums have you have paid at the date of cancellation in respect of that batch and you will not receive items offered as part of a premium subscription offer that fall due after such cancellation.
Price And Payment
The price of any Products (plus delivery costs) will be as quoted on our site, except in cases of obvious error when we will notify you and either give you the option of purchasing at the correct price or cancelling the order. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation. You hereby authorise us (or our payment processor) to collect payment by the method and at the times indicated in the order form.
If we fail to comply with these terms of supply, subject to the other terms of the Contract, we are responsible for loss or damage you suffer that is a foreseeable result of that breach or our negligence. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract. We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. In any event our liability (save as provided) shall not exceed £15. Nothing in these terms of supply seeks to limit or exclude in any way any liability that cannot be limited or excluded under applicable law.
Events beyond our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under these terms we will contact you as soon as reasonably possible to notify you; and our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
Our right to cancel
On certain occasions we may decide due to poor sales of a Product or for other reasons to withdraw that Product. In such event we shall notify you in writing of the end date of this Contract and offer you a refund in respect of any Products for which you have paid but not yet received.
You have no right to any refund for Products already supplied and paid for in the event we cancel the Contract.
If you have any questions or if you have any complaints, please contact us. You can contact us by telephoning our customer service team at [NUMBER] or by e-mailing us at firstname.lastname@example.org.
If you wish to contact us in writing, or if any clause in these terms of supply requires you to give us notice in writing (for example, to cancel the Contract), you can send this to us by e-mail, by hand, or by pre-paid post to Eaglemoss Publications Ltd at Beaumont House, Kensington Village, Avonmore Road, London W14 8TS, or email@example.com. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you provide to us in the order.
Other important terms
We may transfer our rights and obligations under the Contract to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under the Contract.
You may only transfer your rights or your obligations under the Contract to another person if we agree in writing.
This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these terms of supply operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
The terms and conditions of the Contract are governed by English law. English courts shall have exclusive jurisdiction over any claim arising from or relating to the Contract, although you agree that we, the merchant, retain the right to bring proceedings or other legal or equitable actions against you for breach of these terms in your country of residence or any other relevant country. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.