Conditions of Use
Please read this agreement carefully. By clicking “I Accept”, you accept the following terms and conditions to be entered into between you and Consilience Media Limited. The Purchaser agrees to be bound by all the terms and conditions of this Agreement. The Purchaser agrees that it is enforceable as if it were a written negotiated agreement signed by the Purchaser. If the Purchaser does not agree to the terms of this agreement or if you are not authorised to enter into legally binding contracts on behalf of the Purchaser, do not click “I accept” and do not continue to place an order on this web site.
1 Definitions
"Shopping Basket" means the screen displayed on the Website which details the Goods, the Price and other relevant details including, without limitation, delivery details.
"Delivery Price" means the applicable rate for delivery displayed in the Shopping Basket and will depend on the place of delivery.
"Effective Date" means the date on which the Purchaser clicks "I Accept" to accept the terms and conditions of this Agreement.
"Goods" means one or more products available for purchase on the Website which the Purchaser purchases as detailed in the Shopping Basket.
"Order" means an Order for Goods paid for by the Purchaser via the Website but not yet delivered.
"Price" means the purchase price displayed in the Shopping Basket, payable by the Purchaser for the Goods and Delivery Price.
"Purchaser" means the individual or organisation that enters into this Agreement and makes a purchase from using the Website.
"Website" means the website at the url: www.enlist.eu
2 Purchase and delivery of goods
2.1 Subject to receipt by Consilience Media Limited of the Price, and Purchaser's compliance with all the terms and conditions of this Agreement, Consilience Media shall use all reasonable endeavours to supply the Goods to the Purchaser in accordance with the details contained in the Shopping Basket.
2.2 Completing and submitting an order over the Website amounts to an offer to contract with Consilience Media by the Purchaser. Such offer is accepted and a binding contractual agreement is entered into between you and Consilience Media, when acceptance of your offer is generated by the Website. For the avoidance of doubt, Consilience Media is under no obligation to accept any offer.
2.3 If for any reason Consilience Media is not able to obtain the relevant Goods, Consilience Media will be entitled to cancel an accepted Order or any part thereof by notice to the Purchaser. In such circumstances, Consilience Media will refund to the Purchaser such portion of the Price as relates to the Goods that Consilience Media is unable to provide.
2.4 The delivery of Goods will be carried out by third-party couriers or service providers. Any timescales for delivery given on the Website are purely estimates and shall not result in any binding obligations on Consilience Media. Consilience Media cannot be held liable for any delay in such delivery.
3. Price
3.1 In consideration for the provision of the Goods, the Purchaser shall have paid to Consilience Media the Price.
3.2 The Price is exclusive of VAT (Directories are zero rated for VAT). The Price does not include any import duties or taxes which may be levied by any local authorities if the Goods are to be delivered outside the United Kingdom. Any such additional duties or taxes shall be paid directly to the relevant body by the Purchaser.
3.3 In the event that the Price is not paid in accordance with the provisions herein, Consilience Media may deny the supply of the Goods to the Purchaser without notice.
4. Purchaser’s Warranties and Undertakings
4.1 The Purchaser hereby undertakes to ensure that all details provided to Consilience Media including, without limitation, delivery details, are complete and accurate.
4.2 The Purchaser hereby warrants that they are 18 years of age or older.
4.3 Consilience Media shall not be liable for any delay or failure to deliver the Goods which is a result of the Purchaser failing to provide complete and accurate details.
5. Term and Termination
5.1 This Agreement shall commence on the Effective Date and shall continue until the earlier of: (i) delivery of the Goods; or (ii) a refund being given pursuant to these terms and conditions.
5.2 If you are acting as a consumer and purchasing the Goods from within the UK, you shall be entitled to cancel this contract in accordance with the rights granted to you by The Consumer Protection (Distance Selling) Regulations 2000 ("the Regulations"). The Purchaser shall be liable for the costs of returning any Goods following the cancellation of a contract under the Regulations. The Purchaser will not be entitled to a refund of any priority, express or courier charges over and above the standard postage and packaging charges.
6. Liability and Warranties
6.1 To the maximum extent permitted by law, Consilience Media shall not be liable for any loss, injury or damage caused in whole or part by, or resulting from any failure, delay, interruption or otherwise of the provision of the Goods
6.2 The Purchaser's sole remedy with respect to any claims arising out of this Agreement shall be limited to a refund of the Price.
6.3 In no event shall Consilience Media be liable for any special, indirect, incidental or consequential damages, including loss of profits and goodwill, business or business benefit, or the cost of procurement of substitute products or Goods by the Purchaser even if advised of the possibility of such damages.
6.4 All warranties, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and any warranties arising by statute or otherwise in law or from course of dealing, course of performance, or use of trade are hereby excluded and disclaimed to the fullest extent possible by law.
7. Data Protection
7.1 Consilience Media is the data controller of your data. Consilience Media is registered under the Data Protection Act 1998 (DPA) and complies with the DPA in all dealings with Purchaser personal data.
7.2 When offering to enter into a contract with Consilience Media, a Purchaser consents to Consilience Media and any third parties involved in fulfilling an Order processing such Purchaser's personal data to the extent necessary to fulfill that Order.
8 General
8.1 A Subscriber shall not assign this Agreement, in whole or in part, without the written consent of Consilience Media.
8.2 This Agreement and its performance shall be governed by and construed in accordance with and the parties hereby submit to the exclusive jurisdiction of the laws of England and Wales.
8.3 If any provision of this Agreement or the Goods thereof is declared void, illegal, or unenforceable, the remainder of this Agreement will be valid and enforceable to the extent permitted by applicable law.
8.4 Any failure by any party to this Agreement to enforce at any time any term or condition under this Agreement will not be considered a waiver of that party's right thereafter to enforce each and every term and condition of this Agreement.
8.5 Consilience Media will not be responsible for delays resulting from circumstances beyond its reasonable control including courier and/or postal services.
8.6 This Agreement (i) constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, made with respect to the subject matter hereof, and (ii) cannot be altered except by agreement in writing executed by an authorised representative of each party. No purchase order and/or standard terms of purchase provided by the Subscriber shall supersede this Agreement.
8.7 Nothing in this Agreement shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Consilience Media and such third-parties shall not be entitled to enforce any term of this Agreement against Consilience Media.
If you have any questions regarding this Agreement or if you wish to discuss the terms and conditions contained herein please contact Consilience Media using the following contact details:
EnlistConsilience Media Limited
12 Norham Road
Whitley Bay
Tyne and Wear
NE26 2SB
United Kingdom
Tel: 0191 252 8721
Email: enquiries@enlist.eu
www.enlist.eu
Version: 1.0
Date: 20 June 2006