PHAIDON.COM TERMS AND CONDITIONS
Phaidon reserves the right to make changes to the Phaidon Websites, our policies, and these Terms at any time. Any changes to the Terms will be reflected on the Phaidon Websites.
The online store is available for non-commercial and domestic use only. Phaidon reserves the right to refuse orders from businesses, or those that we consider are for commercial or other non-domestic concerns.
COPYRIGHT AND INTELLECTUAL PROPERTY
All content included on the Websites including website design, text, graphics, images, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material on the Phaidon Websites are the copyright or other intellectual property of Phaidon or of its content and technology providers. The compilation of all content on each Phaidon Website is the exclusive property of Phaidon and is protected by international law. ALL RIGHTS RESERVED.
Personal permission is granted to registrants to electronically copy and to print hard copy portions of Phaidon Websites for the sole purpose of facilitating the purchase of Phaidon products. Any other use of materials on Phaidon Websites, including reproduction for purposes other than those noted above, modification, distribution, or republication for commercial use or otherwise without the prior written permission of Phaidon, is strictly prohibited.
Phaidon, the Phaidon logo, Phaidon.com, and Phaidon.co.uk, and other Phaidon Websites and Phaidon services referenced on Phaidon Websites are either trademarks or registered trademarks of Phaidon.
Phaidon Website graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Phaidon. Phaidon's trademarks and trade dress may not be used in connection with any product or service that is not Phaidon’s, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Phaidon.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
By sending emails, submitting reviews, or otherwise communicating with Phaidon you are granting Phaidon a perpetual, non-exclusive, royalty-free, unrestricted, worldwide license to use, display, sublicense, adapt, transmit and copy such communication in any media. The foregoing grant shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under trademark, copyright, service mark or patent laws in any relevant jurisdiction. Phaidon reserves the right to remove or edit the content of Phaidon.com customer reviews.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Phaidon for all claims resulting from content you supply. You agree that Phaidon has the right (but not the obligation) to monitor and edit or remove any activity or content at its sole discretion. Phaidon takes no responsibility and assumes no liability for any content posted by you or any third party.
You will be responsible for Phaidon’s losses and costs resulting from your breach of this clause.
OTHER BUSINESS LINKS
Phaidon may provide links to the sites of affiliated companies and certain other businesses.
We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these business or individuals or the content of their websites. Phaidon does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review the terms and conditions of any site that you access through a link from this site.
You warrant that:
•You are over eighteen years of age.
The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects;
•You will not impersonate any other person or entity or to use a false name or a name that you are not authorised to use; and,
•You will notify us immediately of any changes to the Personal Information by updating it on the Phaidon Websites, by emailing email@example.com or by contacting our Customer Services department by telephone at +44 20 7843 1234 between the hours of 8am and 6pm GMT.
PASSWORD AND ACCOUNT SECURITY
Every user that has an account on one of the Phaidon Websites is responsible for (i) keeping his or her account password confidential and secure. (ii) restricting access to such User’s computer; and (iii) keeping the email address associated with that account current. User acknowledges that it is important to keep the email address associated with his or her account current in order to receive messages from Phaidon about his or her orders and inquiries or other matters. If Phaidon believes that there is likely to be a breach of security or misuse of the Phaidon Websites we may require you to change your password or suspend your account.
PURCHASE OF PRODUCTS FROM PHAIDON WEBSITES
No contract will subsist between you and Phaidon for the sale by it to you of any product unless and until Phaidon actually dispatches the good to you. At any point up until then, we may decline to supply the goods to you without giving any reason. Phaidon is entitled to withdraw from any contract in the case of errors or inaccuracies regarding the goods or the order appearing on Phaidon Websites.
Whilst Phaidon will make reasonable efforts to ensure that prices on Phaidon Websites are accurate, it will not be responsible for any errors that may occur. If Phaidon discover any errors in the price of goods, Phaidon will notify you as soon as possible and give you the option to resubmit your order at the correct price or cancel the order.
All prices are expressed as exclusive of any VAT or other sales tax payable unless otherwise stated.
There shall be an additional charge for delivery, the amount of which shall vary according to the delivery method that you choose.
Prices and delivery charges are subject to change without notice.
Authority for payment must be given at the time of placing your order.
All orders are subject to availability, and Phaidon cannot guarantee the availability of any specific products.
In the event that Phaidon discovers that goods are unavailable after an order has been placed, Phaidon shall send you a notification by email giving you the option to modify or cancel the order.
DELIVERY OF GOODS AND RISK OF LOSS
Phaidon shall deliver the goods ordered to the main entrance at the delivery address which you supply. All delivery times quoted on Phaidon Websites are estimates only based on availability, normal processing and delivery time.
All items purchased from Phaidon are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
GUARANTEE, CANCELLATION AND RETURNS POLICY
If for any reason you are unhappy with the goods received, you can return them to Phaidon for an exchange or refund, providing each is returned to Phaidon’s returns processing centre in new condition within 14 days from the date of delivery. You may also cancel your contract within 7 days of the date the goods are delivered to you provided you notify us or have returned the goods within that time. Except in cases of faulty, damaged or wrongly supplied goods you shall be responsible for the cost of returning goods for refund or exchange, and we will not refund the delivery charge for sending the item to you.
Phaidon recommends that you use registered post or recorded delivery and secure packaging when returning goods. Phaidon shall use reasonable efforts to replace damaged or defective goods but if replacement is not possible, Phaidon’s only obligation is to refund the amount paid by you. This does not affect your statutory rights.
The forgoing notwithstanding, Phaidon Collectors Editions are sold on a non-returnable basis and may not be returned unless received in damaged condition, unless otherwise required by law.
LICENSE AND SITE ACCESS
Phaidon grants you a limited license to access and make personal use of Phaidon Websites and not to download (other than page caching) or modify them, or any portion of them, except with express written consent of Phaidon. This license does not include any resale or commercial use of Phaidon Websites or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Phaidon Websites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
Neither the Phaidon Websites nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Phaidon. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of any of the Phaidon Websites without express written consent. You may not use any meta tags or any other “hidden text” utilizing Phaidon’s name or trademarks without the express written consent of Phaidon. Any unauthorized use terminates the permission or license granted by Phaidon. You are granted a limited, revocable, and nonexclusive right to create hyperlinks to the home pages of the Phaidon Websites so long as the links do not portray Phaidon, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Phaidon logo or other proprietary graphic or trademark as part of the link without express written permission.
You agree to defend, indemnify and hold Phaidon and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of the Phaidon Websites or the Internet or the placement or transmission of any message or information on the Phaidon Websites by you or your authorized users. Phaidon shall provide notice to you promptly of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
TERMINATION OF USAGE
Phaidon reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion at any time.
TERMINATION OF AGREEMENT
This agreement may be terminated by Phaidon at any time without notice. In the event of termination, you will no longer be authorized to have access to the Phaidon Websites, and all limitations on Phaidon’s liability and on your use of Phaidon material shall survive.
ENTIRE AGREEMENT / SEVERABILITY
These Terms, along with any additional rules or conditions referred to herein, constitute the entire agreement and understanding between you and Phaidon as to your use of the Phaidon Websites, superseding all prior or contemporaneous communications and/or proposals. These Terms are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms shall be admissible in judicial or administrative proceedings based upon or relating to use of the Phaidon Websites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
TO THE FULLEST EXTENT PERMITTED BY LAW, PHAIDON PROVIDES THE PHAIDON WEBSITES AND THEIR CONTENTS ON AN “AS IS” BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PHAIDON WEBSITES OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON PHAIDON WEBSITES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, PHAIDON DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA PHAIDON WEBSITES IS ACCURATE, COMPLETE OR CURRENT.
Except as specifically stated on the Phaidon Websites, to the fullest extent permitted by law, neither Phaidon nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of the Phaidon Websites or the information, content, materials or products included on the Phaidon Websites. 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. For the avoidance of doubt, Phaidon does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of Phaidon, its affiliates, directors, employees or other representatives.
GOVERNING LAW AND JURISDICTION
Any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of England, and you and Phaidon irrevocably submit to the non-exclusive jurisdiction of the English Courts.
We make no promise that materials on the Phaidon Websites are appropriate or available for use in locations outside the United Kingdom, and accessing the Phaidon Websites from territories where its contents may be illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with any local laws.
Phaidon Press Limited
All Saints Street
London N1 9PA
T + 44 20 7843 1000
F + 44 20 7843 1010
Company Registration Number: 2525791
VAT number: GB537349229