WEBSITE TERMS AND CONDITIONS (THE SMALL PRINT)
Welcome to the 'TonyBellew.com' website terms and conditions for use. These terms
and conditions apply to the use of this website at
www.tonybellew.com.
By accessing this website and/or placing an order, you agree to be bound by these
terms and conditions. Using this website indicates that you accept these terms regardless
of whether or not you choose to register with us or order from us. If you do not
accept these terms, do not use this website.
The www.tonybellew.com website is operated by: Tony Bellew trading as Tony Bellew.
Tony Bellew is a business partnership that is not
registered with Her Majesty's Revenue & Customs for Value Added Tax purposes.
We are a member of the following trade associations/professional bodies:
Philatelic Traders Society (PTS), registration
number 4751.
vCard
Philatelic Traders Society (PTS)
Philatelic Society
and
The Great Britain Philatelic
Society (GBPS).
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The Great Britain Philatelic Society (GBPS)
Philatelic Society
Our contact details are as follows:
Trading address: PO Box 117, Bristol, BS20 8ZN, United Kingdom.
General email:
gbstamps@tonybellew.com
Telephone number: United Kingdom: (01275) 847889 International: +44 1275 847889
Fax number: United Kingdom: (01275) 847889 International: +44 1275 847889
1. INTRODUCTION
1.1 You will be able to access most areas of this Website without registering your
details with us. Certain areas of this Website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating this posting.
You should check this page ('Terms & Conditions') on the Website from time to
time to review the then current terms and conditions, because they are binding on
you. Certain provisions of these terms and conditions may be superseded by expressly
designated legal notices or terms located on particular pages of this Website. If
you do not wish to accept any new terms and conditions after we have given notice,
you should not continue to use this Website.
2. ORDERING FROM US
2.1 You are deemed to place an order with us by
i) ordering via our online checkout process. As part of our checkout process you
will be given the opportunity to check your order and to correct any errors. We
will send you an order acknowledgement, detailing the products you have ordered;
OR
ii) sending to us, by post or fax, an 'Order Form' (available from our 'General
Issues' page) giving credit/debit card details sufficient for us to secure payment
of the order, or payment is arranged by other means as provided for in clause 2.6
below.
2.2 Our acceptance of an order takes place when we despatch the order. We will send
you a despatch confirmation by email. When we despatch the order the purchase contract
will be made and you will be charged, unless we have notified you that we do not
accept your order or you have cancelled your order.
2.3 We may refuse to accept an order: (a) where goods are not available; (b) where
we cannot obtain authorisation for your payment or where payment by other means
as provided for in clause 2.6 below is not received; (c) if there has been a pricing
or product description error; or (d) if you do not meet any eligibility criteria
set out in our terms and conditions.
2.4 All stamps remain the property of Tony Bellew until paid for and all payments
are cleared.
2.5 MINIMUM ORDERS: owing to the high cost of bank charges we regret we are unable
to accept orders below £15.00 in value, exclusive of postal charges.
2.6 Payment will only be accepted in sterling (unless otherwise agreed in advance),
in cash, by cheque drawn on a U.K. bank account, postal order, money order, by ACCESS
(MASTERCARD), VISA or JCB credit cards, or by MAESTRO, SOLO, VISA DELTA or ELECTRON
debit cards. In view of difficulties experienced clearing Eurocheques and other
cheques issued from non-U.K. banks these will not be accepted.
2.7 Only credit and debit cards will be accepted for orders placed via this website.
3. PRICING
3.1 As Tony Bellew is not registered in the United Kingdom for Value Added Tax, the prices
quoted are the full charge for the stamp(s)
or other philatelic item(s) concerned and include no Value Added Tax.
3.2 Where we charge separately for packing, carriage and insurance and other relevant
charges, the appropriate rates are set out in our specified pricing structure shown
on the
Postage & Packing Options
page of this Website.
3.3 Our prices are reviewed frequently according to market conditions. Prices remain
as quoted on the Web-site, subject to the stamp(s) or other philatelic item(s) at
a quoted price being unsold. If any item is no longer available when an order is
received the order will be declined (as stated in clause 2.3a of these Terms) or
if possible an alternative will be offered.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order: (a) you can notify us by email to
gbstamps@tonybellew.com before we have dispatched the goods to you; or (b)
where goods have already been dispatched to you, by returning goods to us in accordance
with clause 4.2 below.
4.2 You can return goods you have ordered from us for any reason at any time within
14 days of receipt for a full refund or exchange. The costs of returning goods to
us shall be borne by you.
4.3 Upon receipt of the goods we will give you a full refund of the amount paid
or an exchange credit as required. All refunds to overseas clients (outside the
United Kingdom), and refunds for sums up to £15.00 to inland clients, will be held
as credit on account towards future orders unless we receive a request to the contrary.
4.4 The rights to return the goods to us as referred to in clause 4.3 will not apply
in the following circumstances: - in the event that the product has been damaged
and so is not in the same condition in which it was supplied. The provisions of
this clause 4.4 do not affect your statutory rights.
4.5 We accept no liability for returned stamps lost in transit; such lost stamps
will remain the liability of the sender who shall be required to have paid Tony
Bellew the value of the stamps included in the original order. For security, proof
of posting should be obtained when mailing returns to us, as follows:
i) INLAND (of the United Kingdom) a Certificate of Posting from Royal Mail should
be secured for lower value returns, or the Special Delivery Service from Royal Mail
should be used for higher value returns;
ii) OVERSEAS (outside the United Kingdom) the 'Signed For International' service
should be used when sending any returns.
4.6 In the case of query over the efficacy of any individual
stamp supplied, as compared to the desription given, then arrangement can be made
for independent scrutiny of the item(s) concerned by the expertising committee of
the Royal Philatelic Society (London), or by agreement with another recognised authority
in the United Kingdom. Such scrutiny attracts a fee depending on the value of the
item(s) concerned. This fee will be the responsibility of the purchaser of the stamp,
except in the case the opinion of the expert committee is in disagreement with the
description of the item(s) given by Tony Bellew, whereupon Tony Bellew will accept
the expertisation charge.
5. LICENCE
5.1 You are permitted to print and download extracts from this Website for your
own use on the following basis: (a) no documents or related graphics on this Website
are modified in any way; (b) no graphics on this Website are used separately from
accompanying text; and (c) any of our copyright and trade mark notices and this
permission notice appear in all copies.
5.2 Unless otherwise stated, the copyright and other intellectual property rights
in all material on this Website (including without limitation photographs and graphical
images) are owned by us or our licensors. For the purposes of these terms and conditions,
any use of extracts from this Website other than in accordance with clause 5.1 above
for any purpose is prohibited. If you breach any of the terms in these terms and
conditions, your permission to use this Website automatically terminates and you
must immediately destroy any downloaded or printed extracts from this Website.
5.3 Subject to clause 5.1, no part of this Website may be reproduced or stored in
any other website or included in any public or private electronic retrieval system
or service without our prior written permission.
5.4 Any rights not expressly granted in these terms are reserved.
6. SERVICE ACCESS
6.1 While we endeavour to ensure that this Website is normally available 24 hours
a day, we will not be liable if for any reason this Website is unavailable at any
time or for any period.
6.2 Access to this Website may be suspended temporarily and without notice in the
case of system failure, maintenance or repair or for reasons beyond our control.
7. VISITOR MATERIAL AND CONDUCT
7.1 Other than personally identifiable information, which is covered under the
Privacy
Policy, any material you transmit or post to this Website will be
considered non-confidential and non-proprietary. We will have no obligations with
respect to such material. We and our nominees will be free to copy, disclose, distribute,
incorporate and otherwise use such material and all data, images, sounds, text and
other things embodied therein for any and all commercial or non-commercial purposes.
7.2 You are prohibited from posting or transmitting to or from this Website any
material: (a) that is threatening, defamatory, obscene, indecent, seditious, offensive,
pornographic, abusive, liable to incite racial hatred, discriminatory, menacing,
scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy
or which may cause annoyance or inconvenience; (b) for which you have not obtained
all necessary licences and/or approvals; (c) which constitutes or encourages conduct
that would be considered a criminal offence, give rise to civil liability, or otherwise
be contrary to the law of or infringe the rights of any third party, in the UK or
any other country in the world; or (d) which is technically harmful (including,
without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful
components, corrupted data or other malicious software or harmful data).
7.3 You may not misuse the Website (including, without limitation, by hacking).
7.4 We will fully co-operate with any law enforcement authorities or court order
requesting or directing us to disclose the identity or locate anyone posting any
material in breach of clauses 7.2 or 7.3.
8. LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third party websites on this Website are provided solely for your convenience.
If you use these links, you leave this Website. We have not reviewed all of these
third party websites and do not control and are not responsible for these websites
or their content or availability. We therefore do not endorse or make any representations
about them, or any material found there, or any results that may be obtained from
using them. If you decide to access any of the third party websites linked to this
Website, you do so entirely at your own risk.
9. REGISTRATION
9.1 To register with http://www.tonybellew.com you must be over eighteen years of
age.
9.2 We may suspend or cancel your registration immediately at our reasonable discretion
or if you breach any of your obligations under these terms and conditions.
10. DISCLAIMER
10.1 While we endeavour to ensure that the information on this Website is correct,
we do not warrant the accuracy and completeness of the material on this Website.
We may make changes to the material on this Website, or to the products and prices
described in it, at any time without notice. The material on this Website may be
out of date, and we make no commitment to update such material.
10.2 The material on this Website is provided ?as is? without any conditions, warranties
or other terms of any kind. Accordingly, to the maximum extent permitted by law,
we provide you with this Website on the basis that we exclude all representations,
warranties, conditions and other terms (including, without limitation, the conditions
implied by law of satisfactory quality, fitness for purpose and the use of reasonable
care and skill) which but for these terms and conditions might have effect in relation
to this Website.
11. LIABILITY
11.1 We, any other party (whether or not involved in creating, producing, maintaining
or delivering this Website), and any of our group companies and the officers, directors,
employees, shareholders or agents of any of them, exclude all liability and responsibility
for any amount or kind of loss or damage that may result to you or a third party
(including without limitation, any direct, indirect, punitive or consequential loss
or damages, or any loss of income, profits, goodwill, data, contracts, use of money,
or loss or damages arising from or connected in any way to business interruption,
and whether in tort (including without limitation negligence), contract or otherwise)
in connection with this Website in any way or in connection with the use, inability
to use or the results of use of this Website, any websites linked to this Website
or the material on such websites, including but not limited to loss or damage due
to viruses that may infect your computer equipment, software, data or other property
on account of your access to, use of, or browsing this Website or your downloading
of any material from this Website or any websites linked to this Website.
11.2 Nothing in these terms and conditions shall exclude or limit our liability
for (i) death or personal injury caused by negligence (as such term is defined by
the Unfair Contract Terms Act 1977); (ii) fraud (except as provided for in clause
11.5 of these Terms); (iii) misrepresentation as to a fundamental matter; or (iv)
any liability which cannot be excluded or limited under applicable law.
11.3 If your use of material on this Website results in the need for servicing,
repair or correction of equipment, software or data, you assume all costs thereof.
11.4 You agree to indemnify us fully, defend and hold us, and our officers, directors,
employees and agents, harmless from and against all claims, liability, damages,
losses, costs (including reasonable legal fees) arising out of any breach of the
terms and conditions by you, or your use of this Website, or the use by any other
person using your registration details.
11.5 Occasionally, some stamps are sold on the specific basis that they are forgeries.
It is this fact that inherently makes them valuable as a stamp. In this situation,
Tony Bellew shall note this fact in the description of the stamp on this website,
and as such will not be held liable under clause 11.2.ii of the Terms.
12. GOVERNING LAW AND JURISDICTION
12.1 These terms and conditions shall be governed by and construed in accordance
with English law. Disputes arising in connection with these terms and conditions
shall be subject to the exclusive jurisdiction of the English courts.
12.2 We do not warrant that materials/items for sale on the Website are appropriate
or available for use outside the United Kingdom. It is prohibited to access the
Website from territories where its contents are illegal or unlawful. If you access
this Website from locations outside the United Kingdom, you do so at your own risk
and you are responsible for compliance with local laws.
13. MISCELLANEOUS
13.1 You may not assign, sub-license or otherwise transfer any of your rights under
these terms and conditions
13.2 If any provision of these terms and conditions is found by any court of competent
jurisdiction to be invalid, the invalidity of that provision will not affect the
validity of the remaining provisions which shall continue to have full force and
effect.
13.3 Only the parties to these terms and conditions may seek to enforce them under
the Contracts (Rights of Third Parties) Act 1999.