Purchase Terms and Conditions
1.1 In these conditions the following words have the following meanings:
Contract: any contract between GWDL and you for the sale and purchase of the Goods, incorporat¬ing these conditions;
Goods: any goods or services agreed in the Contract to be supplied to you by GWDL (including any part or parts of them);
GWDL: Great War Digital Limited (registered number 5692765); and
1.2 References to statutes or statutory provisions shall, unless the context otherwise requires, be construed as a reference to such statute or statutory provision as amended, consolidated, extended, re-enacted or replaced.
1.3 References to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
1.4 Headings do not affect the construction of these conditions.
2. APPLICATION OF TERMS
2.1 Subject to variations carried out under this condition, the Contract will be on these conditions to the exclusion of all other terms and conditions. These conditions apply to all GWDL’s sales and services and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by an authorised representative of GWDL. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of GWDL not set out in the Contract.
2.2 No contract for the sale and supply of the Goods will subsist between you and GWDL unless and until GWDL accepts your order by way of an e-mail confirming that it has received payment in full for all the Goods you have ordered. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time GWDL sends the e-mail to you (whether or not you receive that e-mail). This confirmation e-mail amounts to an acceptance by GWDL of your offer to buy Goods from the GWDL.
2.3 The confirmation e-mail will contain all relevant statutory information concerning the Contract and will set out the quantity and description of the Goods. The confirmation e-mail will also contain a link to these conditions, which may be amended from time to time. You must check that the details on the confirmation e-mail are correct as soon as possible and you should print out and keep a copy of it.
2.4 You undertake that all details you provide to GWDL for the purpose of ordering or purchasing Goods are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the Goods ordered.
2.5 If there are any changes to the details supplied by you, it is your responsibility to inform GWDL as soon as possible.
3.1 All advertising issued by GWDL and any descriptions or illustrations contained in GWDL ’s catalogues, website or brochures are only issued or published for the purpose of giving an approximate idea of the Goods described in them. They will not form part of this Contract and this is not a sale by sample.
4. PRICE & PROCESSING OF ORDERS
4.1 The price for the Goods shall be the price set out in the GWDL’s price list published on its website (www.greatwardigital.com) on the date you make payment for the Goods in accordance with condition 6.1.
4.2 The price for the Goods shall be inclusive of any value added tax, but exclusive of all costs or charges in relation to packaging, postage, delivery and insurance all of which amounts you will pay in addition when you are due to pay for the Goods.
4.3 If an error is discovered in the price of the Goods that you have ordered, GWDL will inform you as soon as possible. In the event that you order an item and the price published is incorrect for any reason, GWDL will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. GWDL shall be under no obligation to fulfil an order for the Goods which were advertised at an incorrect price. GWDL shall give you the option of confirming the order at the correct price, or if you so choose, to cancel the order altogether. If you cancel and have already paid for the Goods in the circumstances described in this condition, GWDL shall refund the full amount to you.
4.4 You may cancel your order at any time prior to confirming your order by pressing the “Cancel” button. You may also cancel your order by post, email or telephone at any time after your order has been despatched, but in any event, no later than 7 days after you receive the Goods.
4.5 When cancelling your order, please ensure that you quote your name, address and order reference number. In the case where the Goods have been despatched or you have already received them, please return the Goods unopened together with the original invoice. You will be responsible for any charges incurred in returning the Goods to GWDL.
4.6 Upon receipt of cancellation by you of the order, provided that any Goods despatched to you have been returned in the condition that they were sent, GWDL will re-credit your debit or credit card in respect of the price paid by you for the Goods within 30 days of receipt of such confirmation.
4.7 GWDL will not refund any costs incurred in respect of the packaging, postage, delivery and insurance of the Goods.
If for any reason the Goods returned by you are not received by GWDL, you will need to provide GWDL with proof of postage in respect of the Goods. Failure to provide such proof may at GWDL’s entire discretion entitle it to refuse to refund the sum which you have paid for the Goods.
5.1 Ownership of the Goods shall not pass to you until GWDL has received in full all sums due to it in respect of the Goods.
5.2 Risk in the Goods will pass from GWDL to you upon delivery.
5.3 Delivery times in respect of the Goods are approximate only. The Goods will be sent to the address given by you.
5.4 Please note that when shipping the Goods internationally, the Goods themselves may be subject to inspection by the relevant customs authorities.
6. PAYMENT & TERMINATION
6.1 Subject to condition 6.4, payment of the price for the Goods is due in pounds sterling and is payable immediately upon completion of your order.
6.2 Time for payment of the Goods shall be of the essence.
6.3 No payment shall be deemed to have been received until GWDL has received cleared funds.
6.4 All payments payable to GWDL under the Contract shall become due immedi¬ately upon termination of the Contract despite any other provision.
6.5 You shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by GWDL to you.
6.6 If you fail to pay GWDL any sum due pursuant to the Contract you will be liable to pay interest to GWDL on such sum from the due date for payment at the annual rate of 3% above the base lending rate from time to time of the Bank of England, accruing on a daily basis until payment is made, whether before or after any judgment.
6.7 GWDL shall be entitled to terminate the Contract immediately if you commit a breach of your obligations as set out in these conditions.
7.1 GWDL warrants that (subject to the other provisions of these conditions) upon delivery, and for a period of 60 days from the date of delivery, the Goods will be of satisfactory quality within the meaning of the Sale of Goods Act 1979; and be reasonably fit for any particular purpose for which the Goods are being bought if you have made known that purpose to GWDL in writing and GWDL has confirmed in writing that it is reasonable for you to rely on the skill and judgement of GWDL.
7.2 GWDL shall not be liable for a breach of any of the warranties in condition 7.1 unless: (a) you give written notice of the defect to the GWDL, and (if the defect is as a result of damage in transit) to the carrier, within 7 days of the time when you discover or ought to have discovered the defect; and (b) the GWDL is given a reasonable opportunity after receiving the notice of examining such Goods and you (if asked to do so by the GWDL) return such Goods to GWDL's place of business at GWDL's cost for the examination to take place there.
7.3 GWDL shall not be liable for a breach of any of the warranties in condition 7.1 if: (a) you make any further use of such Goods after giving such notice; or (b) the defect arises because you failed to follow GWDL’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods; or (c) you alter or repair such Goods without the written consent of GWDL.
8. LIMITATION OF LIABILITY
8.1 Subject to conditions 4, 5 and 7, the following provisions set out the entire financial liability of the GWDL (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of: (a) any breach of these conditions; (b) any use made or resale by you of any of the Goods, or of any product incorporating any of the Goods; and (c) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
8.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
8.3 Nothing in these conditions excludes or limits the liability of the GWDL: (a) for death or personal injury caused by the GWDL’s negligence; (b) under section 2(3) Consumer Protection Act 1987; (c) for any matter which it would be illegal for the GWDL to exclude or attempt to exclude its liability; or (d) for fraud or fraudulent misrepresentation.
8.4 Subject to conditions 8.2 and 8.3, the GWDL’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Contract shall not exceed the price paid by you for the Goods under this Contract and the GWDL shall not be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
Before completing your order, you should consider whether your computer, mobile device and/or personal digital assistant (PDA) are compatible with the Goods.
8.5 GWDL will not be liable under the warranties above if the Goods fail to operate in accordance with the said warranties as a result of any modification, variation, or addition to the Goods not performed by GWDL or caused by any abuse, corruption or incorrect use of the Goods by you, including use of the Goods with equipment or other software which is incompatible.
9.1 You may not assign the Contract or any part of it without the prior written consent of GWDL. GWDL may assign the Contract or any part of it to any person, firm or supplier.
10. FORCE MAJEURE
10.1 GWDL may defer the date of delivery or cancel the Contract or reduce the volume of the Goods ordered by you (without liability to GWDL) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond its reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials Provided that, if the event in question continues for a continuous period in excess of 60 days, you shall be entitled to give notice in writing to GWDL to terminate the Contract.
11.1 Each right or remedy of GWDL under the Contract is without prejudice to any other right or remedy of GWDL whether under the Contract or not.
11.2 If any provision of the Contract is found by any court of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and of such provision shall continue in full force and effect.
11.3 Failure or delay by GWDL in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
11.4 Any waiver by GWDL of any breach of or any default under any provision of the Contract by you shall not be a waiver of any further breach or default and in no way affect other terms of the Contract.
11.5 The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
11.6 In addition to these conditions, you undertake to comply with the terms and conditions of use of this website and with any licences which are supplied with the Goods.
11.7 The Goods are not for re-sale, whether it is the re-sale of the whole or of part only.
11.8 The Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
12.1 All communications between the parties about this Contract must be in writing and delivered by hand or sent by pre-paid first class post: (a) (in case of communications to GWDL) to the address set out in condition 12.3 or such changed address as shall be notified to you by GWDL on its website; or (b) (in the case of the communications to you) to the address which you gave to GWDL at the start of the Contract or such other address as shall be notified to GWDL by you.
12.2 Communications shall be deemed to have been received: (a) if sent by pre-paid first class post, 2 days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); (b) if delivered by hand, on the day of delivery.
12.3 Communications addressed to GWDL may be sent by post to Great War Digital Limited, 56 Berrall Way, Billingshurst, West Sussex RH14 9PG United Kingdom or by email to email@example.com, in each case marked for the attention of the company secretary.
13.1 All digital images are reproduced by courtesy of The National Archives, London, England; The Royal Geographical Society (with IBG), London, England and Great War Digital Limited, London, England.
13.2 The National Archives, The Royal Geographical Society (with IBG) and Great War Digital Limited, give no warranties as to the accuracy, completeness or fitness for the purpose of the information provided within the original source materials.
13.3 Images may be used only for the purposes of research, private study or education. Applications for any other use should be made to The National Archives Image Library, Kew, Richmond, Surrey TW9 4DU; The Royal Geographical Society (with IBG), 1 Kensington Gore, London SW7 2AR or Great War Digital Limited, 56 Berrall Way, Billingshurst, West Sussex RH14 9PG.