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Terms and Conditions

The contract

a. Any contract for purchases made through the website will be with Metaforz Photography for whom ‘Durham Cow’ and ‘Durham Cow Publications’ is the branding for its print and electronic publications business. Hereafter all reference in these terms and conditions will be to ‘Durham Cow Publications’ abbreviated to ‘DCP'.

b. DCP must receive payment of the whole of the price for the goods that you order before your order can be accepted, and the contract formed. Payment is taken prior to dispatch of the goods to you. Once payment has been taken DCP will confirm that your order has been received by sending an email to you at the email address you provide as part of the payment process. The shipment email will include your name, the order number and the total price. DCP acceptance of your order brings into existence a legally binding contract between us on these terms. Any term sought to be imposed by you in your order will not form part of the contract.

c. DCP is entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on our website. If an error or inaccuracy is discovered with regards to the advertised price of the goods that you have ordered, we will contact you as soon as possible by email. This will be to inform you of the correct price of the goods, and to ask you if you wish to continue with the order at the amended price, or to cancel the order altogether.

Withdrawal by you from the contract

If you are an individual and are not buying goods on behalf of a business, there are certain circumstances in which you may withdraw from the contract and these are set out here. This right to withdraw does not apply to business buyers.

a. You may withdraw your order for goods at any time up to the end of the seventh working day after you have received the goods. You do not need to give DCP any reason for withdrawing your order nor will you have to pay any penalty.

b. The only circumstance in which you cannot withdraw your order is where you have taken the goods you have ordered (or the ones in relation to which you want to withdraw) out of the sealed package in which they were delivered.

c. To withdraw your order you must notify DCP in writing at the address set out in the DCP returns section of this website.

d. If you have received the goods before you withdraw your order then, unless you have lost your right to withdraw because you have taken the goods out of their sealed package, you must send them back to the DCP return address at your own cost and risk unless the goods were supplied damaged. If you withdraw your order but DCP has already processed the goods for delivery, you must not unpack the goods when they are received by you and you must send the goods back to DCP at the DCP return address at your own cost and risk as soon as possible.

e. Once you have notified DCP that you are withdrawing your order, any sum debited to DCP from your credit/debit card will be re-credited to your account as soon as possible after the goods have been returned to DCP.

Availability of goods you order

If DCP has insufficient stock to deliver the goods ordered by you, we will notify you as soon as possible. Any sum debited by DCP from your credit/debit card will be re-credited to your account and DCP will notify you by email at the address given by you in your order form. The refund will be made as soon as possible and in any event within 30 days. DCP will not be obliged to offer any additional compensation for disappointment suffered.

Please note: products listed at special offer prices are subject to availability. We reserve the right to remove the offer at any point. The price that you pay for the goods are as displayed in the shopping cart.

Delivery of goods to you

a. DCP will post the goods ordered by you to the person and address transmitted to DCP at the time you make your order. Delivery of the goods is by Royal Mail first class post for individual items and restricted to UK only.

b. Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of dispatch of the order. All delivery times quoted on the website are estimates only, based on availability, normal processing and delivery companies.

c. You will become the owner of the goods you have ordered when the goods are dispatched to you from our offices.

Liability

a. If the goods DCP delivers are not what you ordered or are damaged, defective or the delivery is of an incorrect quantity, DCP shall have no liability to you unless you notify DCP of the problem, in writing to enquiries@durhamcowpublishing.com within 10 working days of the delivery of goods in question.

b. If you do not receive the goods you ordered within 30 days of the date on which they were dispatched to you, DCP shall have no liability to you unless you notify DCP in writing at the DCP contact address of the problem within 40 days of the date on which the goods were dispatched to you.

c. If you notify a problem to DCP under this condition, DCP’s only obligation will be, at its option, to make good any shortage or non-delivery; to replace any goods that are damaged; or to refund to you the amount paid by you for the goods in question to the original method of payment.

d. DCP will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to DCP under this condition and DCP shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under paragraph (c) above.

e. Nothing in this condition is, however, intended to limit any rights you might have as a consumer under applicable local law that may not be excluded nor in any way to exclude or limit DCP liability to you for any death or personal injury resulting from its negligence.

Nothing in this contract creates any right which is enforceable by any person who is not a party to the contract.

Force Majeure

DCP shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.

Invalidity

If any part of these conditions is unenforceable (including any provision in which DCP excludes its liability to you) the enforceability of any other part of these conditions will not be affected.

Complaints

DCP operate a complaints handling procedure which is used to try to resolve disputes when they first arise. If you have a complaint, please contact us at enquiries@durhamcowpublishing.com or at the following address: Durham Cow Publishing, 38 Langley Road, Durham DH1 5LR.

Governing Law

The contract between us shall be governed by and interpreted in accordance with English law, and the English courts shall have jurisdiction to resolve any disputes between us.

Entire Agreement

These terms and conditions, together with the current DCP website prices, delivery details and DCP contact details, set out the whole of our agreement relating to the supply of the goods to you by DCP. These terms and conditions cannot be varied except in writing signed by a director of DCP. In particular nothing said by any sales person on behalf of DCP should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by DCP. DCP shall have no liability for any such representation being untrue or misleading.

Disclaimer

The nature of Internet communications means that your communications may be susceptible to data corruption, interception and delays. DCP shall not be responsible for any detrimental reliance you place on this website or its contents.

DCP is providing this site and its contents (including any downloadable data or software) on an 'as is' basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties, whether express or implied, to the fullest extent permitted by applicable law. In addition, DCP makes no representations or warranties about the accuracy, completeness or suitability for any particular purpose of the information and related graphics published in this site or that any software or the server that makes it available are free of viruses or other harmful components.

The information contained in this site may contain technical inaccuracies or typographical errors. All liability of DCP howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by applicable law.

Neither DCP nor any of its Directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site in any way. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Hyperlinks

Our website may contain hyperlinks. These hyperlinks connect you to sites of other organisations which are not our responsibility. We have used our reasonable endeavours in preparing our own website and the information included in it is done so in good faith. However, we have no control over any of the information you can access via other websites. Therefore, no mention of any organisation, company or individual to which our website is linked shall imply any approval or warranty as to the standing and capability of any such organisations, company or individual on the part of DCP.

Promotional discount codes

We may occasionally offer discount codes to customers.

Discount codes are exclusive of online postage and packaging and can only be used once per person with one discount code to be used per transaction. Discount codes cannot be used with any other voucher, coupon or offer. Discount codes can only be used at time of purchase and not retrospectively. We reserve the right to withdraw codes at any time. All discount codes are subject to their own terms and conditions.

Copyright notice

All design, text, graphics and the selection or arrangement thereof are the copyright of DCP, or of other copyright owners. Permission is granted to electronically copy and print in hard copy portions of this site for the sole purpose of placing an order with DCP, or using this site as a shopping resource; any other use of materials on this site (including reproduction for purposes other than those noted above and modification, distribution, or republication) without the prior written permission of DCP is strictly prohibited.

Trade marks

All trade-marks, product names and company names or logos used in this site are the property of their respective owners. No permission is given by DCP in respect of the use of its or any such other trade-marks, product names, titles or logos and such use may constitute an infringement of the holder's rights.

Interpretation

In these terms and conditions:-

'DCP' means Durham Cow Publishing, 38 Langley Road, Durham DH1 5LR;

'working day' means every day of a calendar year apart from weekends and statutory and public holidays;

'us' means DCP and you together; and

'you' and 'your' means the person ordering goods under these terms and conditions.