Terms and Conditions
Use of the Albatros Productions Limited Website
1.1. Throughout these Terms & Conditions, Albatros Productions Limited will be referred to as Albatros. The customer and user of the Albatros website will be referred to as “You” and the term “Your” will be used as appropriate throughout.
1.2. All on-line sales by Albatros to You are made subject only to these Terms & Conditions. Albatros may, at any time, make changes to the Website, its manner of trading and these Terms & Conditions. These Terms and Conditions cannot be varied other than in writing and all changes require approval by a Director of Albatros.
1.3. While Albatros makes every effort to post up-to-date and accurate information on its Website, it does not guarantee the accuracy of the information other than the description of the products sold, hereafter described as “items”. Furthermore, Albatros does not represent or warrant that any of the functions on the Website or server will operate without interruption or delay, that they will be free from defects, viruses or bugs, or be compatible with any other software or material. Accessing the Albatros Website is entirely at Your own risk.
1.4. Albatros’ prices, offers and items available on the Website are always subject to change. Any changes will only apply to any Orders made before they are accepted by Albatros in accordance with these Terms & Conditions. If we discover an error in the price of goods you have ordered, we will inform you as soon as possible by email and give you the option of reconfirming your order at the correct price or cancelling the order altogether. If we are unable to contact you, we will treat the order as cancelled.
2. Use of our Website & Information Provided by You
2.1. If You choose to purchase items from Albatros’ Website You will be required to provide certain mandatory personal information to Albatros. Your name, address and email address must always be provided.
2.2. If You decline to provide the mandatory information, You will not be permitted to proceed with Your desired transaction.
2.3. We may ask You additional non-mandatory questions about Yourself and may at any stage change the non-mandatory questions to mandatory ones for additional security purposes.
2.4. Albatros will observe the strict confidentiality of Your personal information. However, Albatros may need to share some of Your personal information for the purposes of fulfilling any orders placed by You. The information will only be shared as is absolutely necessary and will be provided on the basis of a strict Confidentiality Agreement with the person to whom Albatros provides the information. The third parties to whom information may be imparted may include the shipping service provider and, in the case of credit card information, the relevant credit card clearing house used by Albatros.
2.5. For the purposes of security in relation to credit card information, Albatros seeks to comply with the standards outlined in the Payment Card Industry Data Security Standard (“PCI DSS”), as published on the website www.pcisecuritystandards.org.
2.6. Because You are responsible for all content sent from Your computer to Albatros, You have the responsibility to ensure that Your use of the Albatros Website is restricted solely to lawful purposes. You may therefore not use the Website in any way causing damage to it or in such manner that impairs access to it by third parties.
2.7. Except for recognised major search engines, it is prohibited to spider or scrape the Website without prior express permission. Any other form of automated access or querying is prohibited without prior express permission.
3.1. Because Albatros observes the strict confidentiality of Your personal information and it is only ever imparted to third parties in the limited circumstances described in Clause 2.6 above, the information derived for the above purposes is not passed to any third parties.
4. The Sale Contract
4.1. The Sale process will commence once You have placed an order using the 'online shopping cart” and have had Your credit card details accepted for the payment.
4.2. You must note that the placing of an order and the submission of Your credit card details (even if those details are accepted) will only amount to an offer by You to buy the selected item(s) from Albatros via the Website. Albatros will not be bound to accept the offer and supply the items to which the offer is made unless the Sale Contract is concluded (and then only subject to these Terms & Conditions – see below).
4.3. Albatros will send an initial email to You as soon as you have placed an order. This email will merely confirm that Albatros has received information from you and is in the process of locating the items ordered by you. At this stage, Albatros is not accepting your order. This email is sent to the email address provided by You in the relevant mandatory field which is required to be completed in order for the order to be processed.
4.4. A Sale Contract between You and Albatros is only concluded once Albatros has confirmed to You in a second email that the item(s) chosen by You is/are in stock and is/are in the course of despatch to You. The confirmation will be made by email to the same email address as provided for above.
4.5. If an order is placed by You for more than one item and an item is not available in stock, then You will be informed in the email confirmation of those item(s) that are available and which are to be despatched and those item(s) which are not available, resulting in cancellation of unavailable items. As regards the item(s) that are not available, there will be no Sale Contract concluded and You will not be charged for them. Albatros will not be bound to supply the items that are not in stock at the time of placing an order. Items may be unavailable and the availability on Albatros website is an estimate and is not a guarantee to supply within that period. Albatros will not be obliged to offer any compensation for disappointment suffered.
4.6. Please note that the Sale Contract with You which comes into existence by Albatros’ acceptance of the order and despatch of the items will only ever be concluded subject to these Terms & Conditions. Any purported Term or Condition that You may seek to impose on the Sale Contract will not form part of the Sale Contract and will be of no force and effect.
5.1. Albatros will make every effort to ensure that the prices shown against items on the Website are accurate and up-to-date. If the correct price of a product is higher than the price advertised on the Albatros Website, Albatros may (provided that prompt notice is given to You of the incorrect pricing) notify You of the incorrect price and may, (subject to Your right to withdraw Your order) charge You the higher price.
5.2. If You are notified of a higher price in accordance with this provision, You must respond within 14 days as to whether or not You will withdraw the order. If within 14 days, You fail to elect to withdraw, You will be deemed to have accepted the to continue with the order at the higher price and You will be charged accordingly. Albatros shall have the right to refuse the order itself and to decline to make delivery of the item(s) ordered. In such event, You will be notified by email of the refusal by Albatros.
5.3. Albatros reserves the right to make at any time before a Sale Contract is concluded and at its discretion, changes on the Website to any prices, offers, items (including as to their specification).
5.4. The advertised prices exclude postage and packing. If You are ordering items which require to be delivered outside the European Union, Your delivered item(s) may be subjected to import duties and taxes at the country of destination. Albatros has no responsibility for paying any such charges and You undertake both to clear the goods and to pay the charges or duties. You are strongly advised to check on the applicable taxes and import duties that may apply to Your purchase.
5.5. Any applicable postage, packaging and courier charges will be paid for by You in the charge made on Your credit card. No charge will be made against Your credit card until the items ordered have been despatched.
5.6. You must note that online prices and promotions advertised by Albatros on its Website may not be the same as the prices advertised by other Websites or stores. Albatros is not obliged to sell items to You through its Website at the prices advertised by other Websites or stores.
6. Special Promotions
6.1. Albatros may periodically advertise special promotions, such as limited-time bargain prices on selected books. Such special promotions will depend upon the availability of the selected title (or titles) and, while Albatros will endeavour to ensure that sufficient numbers of the selected books are available to satisfy demand while the promotion is in place, if the selected title(s) is/are not available, Albatros may withdraw the promotion and/or decline to accept Your offer to purchase the required titles is without any liability to it.
7.1. Albatros will arrange to mail the items ordered by You to You or to the person at the delivery address provided by You in the relevant field in the order form on the Website.
7.2. Steps to effect delivery of the item(s) purchased will be made as soon as reasonably possible after notification of the acceptance by Albatros of the order by email. The actual date of delivery is dependent upon the mail service or the courier company. Every effort will be made to ensure that delivery is effected within 30 days of the acceptance of the order by Albatros, but there may be unexpected delays caused by persons over whom Albatros has no control (such as a third party suppliers).
7.3. If there is an extended delay in delivery, then email or call Albatros using the contact details provided below. Albatros will investigate the delay and will thereafter endeavour to effect delivery as soon as possible. Albatros does not otherwise warrant that the item(s) purchased will arrive within a specific time.
8. Ownership of the Items and Risk of Damage
8.1. Once the items are despatched for delivery by Albatros, (or any third party on Albatros’ behalf), You will become the owner of the item(s) from that time.
8.2. Unless Albatros’ investigation referred to in Clause 7.3 above reveals that there will be a delay in delivery beyond 30 days for reasons beyond its control, if the items are still not delivered after the 30 day period (provided that You have reported the non-delivery in accordance with Clause 7.3 above), or the items are not what You have ordered, or were delivered in the incorrect quantity, or were damaged or defective before despatch for delivery (i.e. not as a result of the carriage of the items) then Albatros shall be obliged to rectify the problem, whether by delivery of compliant items in the correct quantity or by replacing defective or damaged item(s). It may, alternatively, refund You the price paid for those particular items.
9.1. Albatros’ liability to take the steps referred to immediately above in Clause 8.2 shall cease if You do not advise Albatros in writing of the failure(s) described above within fourteen days of the actual date of delivery. Albatros has the right (within a further 14 days) to investigate the complaints. You will co-operate in the investigation by making the defective items available to Albatros or at Albatros’ election, to return them to Albatros at Albatros’ expense. Albatros will not be liable as described in Clause 41 if the items complained of are not made available or are not returned to Albatros as Albatros may direct.
9.2. In no circumstance will Albatros be liable to You for any losses that You may suffer as a result of a breach of these Terms & Conditions unless the losses suffered by You were reasonably foreseeable at the time the Sale Contract was formed. Albatros will have no liability for any indirect or consequential loss that You may suffer. In other words Albatros will not be liable for any loss that is not reasonably foreseeable to both You and Albatros when the Sale Contract was concluded.
9.3. You should note that Albatros does not exclude or limit its liability to You for any death or personal injury that may result from any breaches or negligence arising from the use of the Albatros Website or from the sale of any items to You by Albatros.
9.4. Many jurisdictions (including the United Kingdom) have specific consumer rights. Nothing in these Terms and Conditions is to be construed as attempting to exclude or limit Albatros’ liability if not permitted by the relevant consumer legislation.
9.5. These Terms & Conditions shall apply only to Sale Contracts between You and Albatros and nothing in them is to be construed as creating in any way a right which might be enforceable by a third party who is not a direct contracting party.
10. Force Majeure
10.1. Albatros shall not be liable in respect of the non-performance of its obligations under these Terms & Conditions by reasons of a Force Majeure event.
10.2. A Force Majeure event arises, for example, where performance of the obligations is prevented by any circumstance beyond a party’s reasonable control. Such a circumstance could include such matters as strikes, lock-outs or labour disputes of any kind, fire, flood, explosion, natural catastrophe, riots, civil commotion, plant break downs, computer or other equipment failures or a failure of the postal service. This list is by no means exclusive and is given by way of example only. The event must be likely to endure for longer than 30 days after it has come into being and the Party directly affected by the Force Majeure event shall give prompt notice in writing of its existence to the other.
10.3. If the Force Majeure event does exceed 30 days from the date of the confirmation by Albatros of the order placed by You, then either You or Albatros may give notice in writing to the other, of the intention to cancel the Sale Contract without any liability upon the Party giving the notice. Such a cancellation will only become effective if the Force Majeure event does not end within a further 14 (fourteen) days after the notice of cancellation has been given in writing to the other party.
11. Your Right to Cancel The Sale Contract
11.1. If You are buying items through the Albatros Website as an individual consumer (i.e. not through a company or as part of a business) then You have a right at law to cancel the Sale Contract. This right may be exercised by You at any time after Albatros has confirmed Your order as provided at Clause 29 above but must be exercised on or before the close of business on the eighth working day following the actual delivery to You of the items purchased. If the items are delivered to third parties at Your request, the time for cancellation shall remain the same and shall run from the date of actual delivery to the third party concerned.
11.2. You will have lost the right to cancel the Sale Contract if, having taken delivery of sealed items, You have removed the items from the manufacturer’s sealed wrapping.
11.3. Please note that for the purposes of a cancellation, You must either mail the notice of cancellation to Albatros at the address set out in Clause 59 below or report it to the Call-Centre whose number is given in Clause 59 below. It is also acceptable for You to hand-deliver the notice of cancellation to the address of Albatros given below.
11.4. If You exercise Your right to cancel the Sale Contract but cancellation is too late to prevent delivery to You, You must return the items to Albatros at the return address detailed below without damaging any packaging in which the items were received by You. The cost of the returns will be borne by You and You undertake the risk of loss or damage in the course of such return.
11.5. If You do exercise Your right of cancellation, subject to You complying with Clause 54, above (if applicable), Albatros will reimburse You any sum paid by You, without charge to You, by the crediting of Your credit card with that sum. The crediting to Your account will be effected within thirty days of the date on which You have given Your notice of cancellation.
12.1. If You should have any comment or feeedback about any material appearing on the www.windsockdatafilespecials.co.uk Website or the manner in which Albatros conducts itself in relation to a transaction with You, You may contact Albatros in writing either by post to the address given below or by emailing us at customerservice@mail2.Albatros.co.uk
13. Jurisdiction and Applicable Law
13.1. These Terms & Conditions shall be governed and construed in accordance with English law. Both You and Albatros agree to submit to the exclusive jurisdiction of the English courts in respect of any dispute arising in respect of these Terms & Conditions.
14. Notices and Address of Albatros
14.1. Any Sale Contract made pursuant to these Terms and Conditions are made by You with Albatros Productions Ltd.
14.2. Any notices to be given by You to Albatros as detailed in these Terms and Conditions shall be sent to the address provided for Albatros.
Albatros Productions Limited
10 Long View
Tel: +44 (0)1442 875838
Fax: +44 (0)1442 87601