If you are 16 years old or younger you may not enter competitions on the Merchandise Site or purchase goods/services from us. Please ask a parent or guardian to do so on your behalf.
1. Araca Merch Europe LTD.
1.1 This Merchandise Site is owned and operated by Araca Merch Europe LTD. If you would like further information about Araca Merch Europe LTD. or anything else referred to on the Merchandise Site, please contact us using the following details:
Araca Merch Europe LTD.
c/o Apollo Victoria Theatre
17 Wilton Road
London, SW1V 1LG
PHONE: 0207 193 1832
2. Use of the Merchandise Site
2.1 You may not use the Merchandise Site in any improper or unlawful manner or in breach of any legislation or license that applies to you.
2.2 Except as expressly permitted, you agree that when using the Merchandise Site you will not:
(a) publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, harmful, confidential, libellous, hateful, or otherwise illegal material or information or anything which might constitute a criminal or civil offence;
(b) upload files or other data that contain software or other material which are the intellectual property rights of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents; or
(c) upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Merchandise Site or any other computer.
2.3 You agree to comply with all reasonable instructions that we may give you from time to time regarding the use of the Merchandise Site.
2.4 You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access and use the Merchandise Site. You are responsible for ensuring that no one uses your equipment to access the Merchandise Site without your permission. We will be entitled to assume that anyone who accesses the Merchandise Site using your equipment has your permission to do so and you will be liable for any Charges or any other costs, liabilities or damages that may be incurred by any such person.
3. Competitions and Prize Draws
3.1 From time to time it may possible to enter competitions or prize draws through the Merchandise Site. There may be additional terms and conditions applicable to those competitions or prize draws. Where additional terms apply you will be notified of that fact and given an opportunity to read those terms and conditions before you enter the competition or the prize draw.
4. Intellectual Property
4.2 You may view, download and print any materials and information made available to you through the Merchandise Site subject to the following conditions:
(a) the material and information may only be used for your personal and non-commercial purposes;
(b) the material and information shall not be reproduced or included in any other work or publication in any medium;
(c) the material and information may not be modified or altered in any way;
(d) save as provided by Clause 4.4 the material and information may not be distributed or sold to any third party;
(e) you may not remove any copyright or other proprietary notices contained in the material or the information.
4.3 We do not give you any rights in relation to Intellectual Property Rights in any product or service that you purchase from or via the Merchandise Site.
5. Purchase of Goods and Services
5.1 All prices for goods and services that we sell to you on the Merchandise Site include (where relevant) VAT in the UK and are quoted in pounds sterling.
5.2 If you order goods for postal delivery from us we use a delivery partner to deliver such goods to you and we aim to deliver them to you according to our prevailing delivery period where we have the relevant item in stock. Should we not hold the item ordered by you in stock, we will notify you at the email address which you gave us as part of the registration information.
5.3 Please order from us in enough time to present any loss or disappointment resulting from any delay in the delivery time. Please note that if you order goods or services from a company or website other than http://www.bookofmormonshop.co.uk/ you will be responsible for reading that third party’s terms and conditions and for ensuring that you fully understand them. We will not be responsible for such orders from third parties.
5.5 We will insure any goods ordered by you based on the price on the Merchandise Site whilst in transit to you. Risk in the goods passes to you upon delivery.
5.6 Outside the UK. Delivery charges for goods and services will be calculated on a product-by-product basis. We reserve the right not to deliver to places outside the UK. Please read the Delivery and Orders Information Page for further information.
5.7 Delivery outside the UK may be subject to local import taxes, which are your responsibility where they apply. If so, the shipping company will contact you once the products you have ordered have reached the local customs agency to inform you of the amount of duty that is outstanding.
5.9 We will confirm all orders via email, using the email account that you give us as part of the registration information. In the event that the product or service you order is out of stock or otherwise unavailable, we will inform you of that fact together, where we are so aware, of the time at which the product or service will become available. If the product or service is available and the details of your order are clear to us, our email to you will be deemed an acknowledgement of your offer and it will specify delivery details and confirm the price of the goods or service purchased. Note: payment via our payment partner is a condition of purchase.
5.10 We cannot guarantee that particular goods and services featured on the Merchandise Site will always be available. If we cannot supply the requested product you will not be charged for it and we will refund or re-credit your account with any amount that we may have debited.
5.11 We may cancel any sale and not supply products or services if it is reasonable to do so and may change or discontinue the availability of any product at any time at our sole discretion. However, if we do so, we will always notify you that we shall do so and, where relevant, refund you all payments made by you.
5.12 All payments are made via our payment partner. In the event that any such payment partner rejects your credit card details we will not release the order to you. We will email you to inform you of such rejection. We will release your order only when we have received confirmation of acceptance of your order.
5.13 Your credit card company may perform an additional security check to confirm that the cardholder is making the purchase. We are not responsible in respect of any such security check.
5.14 A dispatch note will be sent to the credit or debit card billing address and not the shipping or delivery address (if different). Please ensure that your goods are being delivered to the required address. You are responsible for ensuring that the goods reach the intended address.
5.15 We aim to ensure that goods ordered from us are packaged securely so that they arrive with you undamaged. However, if goods arrive which have been damaged or have defects, we will either replace such goods fee of charge or alternatively give you a full refund if you return the product to us at, Araca Merch Europe LTD, Returns Department, c/o The Apollo Victoria Theatre, 17 Wilton Road, London, UK SW1V 1LL. Any item dispatched to you will indicate this returns address. We will try to attend to all returns as soon as practically possible. This does not affect your statutory rights.
5.16 Our policy is to ensure that you are satisfied every time you place an order on our website. If you are unhappy for any reason with goods supplied to you by us when you receive them please return them with the dispatch note, unused within seven working dates of the receipt. We will refund your payment to you credit/debit card after we have inspected the returned product and are satisfied that the product in question has been returned in the condition it was in when delivered to you.
5.17 Please note that we cannot give refunds in respect of personalised goods or goods which by their nature cannot be returned to us, goods which deteriorate or expire rapidly, or which are by their nature time-sensitive, or in relation to any video cassette, CD, DVD, or other digital medium the seal of which has been broken, or any digital file downloaded from the Merchandise Site. Therefore, when purchasing such items, please think carefully before you buy.
6. Warranties and Disclaimers
6.1 We will exercise all reasonable skill and care in providing the Merchandise Site. We obtain the materials and information provided on the Merchandise Site from third party partners and so we are not able to guarantee the accuracy, completeness, currency or reliability of any such materials or information.
6.3 This Merchandise Site contains links to websites and microsites operated by third parties that are not under our control and are provided to you for your convenience only. We make no warranties or representations whatsoever about any other website which you may access through this Merchandise Site or any services that they may provide. Without limiting the foregoing, these sites are in no way approved, vetted, checked or endorsed by us and you agree that we shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such sites. If you choose to access a website beyond our control, you do so at your own risk. In addition, use of any such third party website or microsite may be subject to your acceptance of additional terms and conditions.
7. Limitation of Liability
(a) death or personal injury caused by our negligence;
(b) any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you;
(c) any other liability that cannot be so limited or excluded at law.
7.2 Subject to Clause 7.1, you agree that we shall not be liable for:
(a) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind (including but not limited to lost savings or loss or corruption of data); or
(b) any loss of profit (whether direct or indirect),
whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with:
(c) any use of this Merchandise Site or its contents;
(d) any failure or delay in the use of any component of the Merchandise Site or any service including, without limitation, any unavailability of the Merchandise Site or the services irrespective of duration of any period of unavailability; or
(e) any use of or reliance upon any information, material, software, products, services and related graphics obtained through the Merchandise Site,
in all cases even if we have been forewarned of the possibility of such loss or damage.
7.3 Without limiting the effect of Clause 7.2, due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect, your computer equipment or any other property when using or browsing the Merchandise Site. The downloading or other acquisition of any materials or information through the Merchandise Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such materials.
7.5 Some goods or services may differ slightly from the description or appearance on the Merchandise Site. Please check the delivered product/service immediately on receipt because we will not be held responsible for any subsequent loss or destruction.
7.6 We will notify you of any such claims or proceedings and keep you informed as to the progress of such claims or proceedings.
(a) you commit any breach of any term of this Agreement; or
(b) you do not comply fully with Clause 2 above; or
(c) you commit a material breach of these Terms; or
(d) we choose to so terminate in our sole discretion.
8.3 Forthwith upon termination of this Agreement, you shall cease all use of the Merchandise Site. Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision in this Agreement, which is expressly or by implication intended to come into or continued in force on or after such termination and neither shall it affect any common rights that are available to you.
9. Data Protection and Privacy
10. No Waiver
11. Third Party Rights
13. Entire Agreement
14. Governing Law & Jurisdiction
14.1 This Agreement is governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.
15.1 In this Terms and Use the following terms shall have the following meanings:
“Intellectual Property Rights” means patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs;
“Merchandise Site” means the website available on the internet at the domain http://www.bookofmormonshop.co.uk/;
“we”, “us” and “our” means Araca Merch Europe Limited.