1. Status of Terms
1.1 These terms constitute a legal document ("the
Agreement"), which sets out the rights and obligations of you as
a purchaser ("you"), and those of Flying Astronomer ("Flying
Astronomer", "we" or "us"), in relation to the
services and products offered by us through this site or any of the other
sites owned by us. By registering for Flying Astronomer services, you
agree to the terms of this Agreement, and you re-affirm that agreement
every time you use any of our services.
1.2 You agree to:
1.2.1 provide true, accurate, current and complete information
about you as prompted by our registration form (such information being
the "Registration Data"); and
1.2.2 maintain and promptly update the Registration Data
to keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or Flying Astronomer
has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, Flying Astronomer has the right to suspend
or terminate your account, cease supply and refuse you any and all current
or future use of the Flying Astronomer site (or any portion of it).
2. Place of performance and applicable law.
Flying Astronomer is a sole-trader business. Unless otherwise specified, the materials on this site are directed solely at those who access this site from the United Kingdom mainland. Flying Astronomer makes no representation that any product referred to in the materials on this site is appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. The laws of England and Wales shall govern this Agreement.
You and we each submit to the exclusive jurisdiction of the English & Welsh courts in relation to disputes arising out of this Agreement.
3. Placing an order
3.1 A notice will be displayed on your web browser before
you submit an order with Flying Astronomer. This contains important information
such as a description, price and delivery charges of the good or services
ordered. Flying Astronomer suggests that you print off a hard copy of
the notice or save a copy to your hard drive for your own records.
3.2 Goods supplied to you by Flying Astronomer will correspond
with their prices and description (subject to E & OE). If at any time
this is not the case Flying Astronomer will give you the right to reject
the goods within a reasonable time period for a full refund.
3.3 In the unlikely event that an incorrect price is
shown on our website. Flying Astronomer reserves the right to abstain
from fulfilling the order at that price. You will of course be notified,
and at which point you will be informed of the correct price, and given
the choice to proceed with the order.
4. Returns Policy
Subject to the right of Consumers to return goods for refund under The
Supply of Goods and Services Act and Distance Selling Regulations, Flying
Astronomer does not sell products on a trial basis. Customers are strongly
advised to check suitability and specifications of products before ordering.
4.1 Cancellations
You have the right to cancel your purchase at any time either before or
up to 7 days following the day you receive the goods by:
1. e-mailing us at info@flyingastronomer.co.uk, a description of the goods
or services concerned and the order number of the cancelled order, or
2. phoning us on 01407 740 002 (Monday to Friday from 8am to 8pm excluding
public holidays) - please have your order reference number and delivery
details to hand.
4.2 If you exercise your right to cancel your order after
the goods have been dispatched, you will be responsible for returning
the goods to Flying Astronomer at your own risk and cost, therefore, we
strongly recommend you use an insured delivery method such as Royal Mail
Special Delivery. All returns are subject to the following conditions,
except where the goods are faulty or incorrectly described on the website.
- Your product must be complete and in 'as new' condition (e.g. if you
have opened the box to examine the product you must have done so by neither
damaging nor marking the product nor the packaging).
- It must not have been used or installed. It should be returned with
the original box, packing and accessories you received with it.
- Software, memory cards, DVDs, and Pre-recorded videotapes can only be
accepted if still sealed. This policy is to avoid any potential breach
of the Copyright Descriptions and Patent act (CDPA) 1988. All opened software
is exempt from return under the terms of the distance Selling Regulations
(SI2334/2000). Software that arrives damaged or is physically faulty may
be returned under our normal returns policy.
- A proof of purchase must be supplied.
- You must return any free gifts which came with the product.
- We will not refund any items that have been specially ordered to your
individual specification or personalised.
- Goods returned outside the 7 days cancellation period (but within 28
days of receipt) that can not be re-sold as new will only be refunded
to their mail order return value and a credit note may be issued.
Where we have made a charge for postage, this will be deducted from your
refund if the goods have been dispatched to you.
4.3 You cannot cancel your purchase when:
- the seal has been broken on any videotapes, DVDs, CDs, memory cards,
or software; or
- the goods were a special order to your specification; or
- 28 days has elapsed following receipt of the goods
Until such time as you return the goods to us you must take reasonable
care of the item(s) and not use them. Any use of the delivered goods beyond
that necessary to inspect the goods upon delivery will invalidate your
right to cancel the contract.
4.4 Authorising the Return
You must prior to returning any goods received, contact our Customer Services
on 01407 740 002 or e-mail us at info@flyingastronomer.co.uk, stating
your name, a description of the goods or services concerned and the order
number of the cancelled order. Failure to do so will result in a delay
in processing your refund or the product being returned to you. All authorised
returns must be returned to Flying Astronomer, Returns Dept., Yr Allt,
Bodedern, Anglesey LL65 3UD
4.5 Faulty or incorrectly described Goods
You will always have the option of an exchange or refund if the fault
occurs within 28 days of delivery. If there is a fault with your product
within 6 months of delivery, we will normally offer a repair, exchange
or (full or partial) refund. After 6 months but within 12 months we will
offer a repair only. In all cases we reserve the right to inspect the
product and verify the fault and, if no fault is found return the product
to you. No refund will be processed until the returned goods have been
received by ourselves and an appraisal made as to any fault.
4.6 To qualify for a refund or exchange the products
must be:
- in otherwise "as new" condition; and
- complete with any accessories and free gifts offered with it (and, if
possible, the original box and packaging and warranty).
4.7 All monies for authorised returns will be refunded
within 30 days of receipt of your returned goods.
4.8 This promise does not cover faults caused by accident,
neglect, misuse or normal wear and tear. Flying Astronomer's assessment
of any goods will be final.
4.9 Any refund due to a fault or other defect will include
a refund of the delivery charge. We will also pay for your costs of returning
the goods for replacement or refund. Replacement goods are sent by standard
delivery only (i.e. premium services are not available).
4.10 THIS RETURNS POLICY DOES NOT AFFECT YOUR LEGAL RIGHTS.
DETAILS OF YOUR LEGAL RIGHTS ARE AVAILABLE FROM THE CITIZENS ADVICE BUREAU
OR CONSUMER DIRECT.
5. Content
5.1 Flying Astronomer shall not be liable to any person
for any loss or damage, which may arise from the use of any of the information
contained in any of the materials on this site. Flying Astronomer will
only be liable for consequential losses within the contemplation of the
parties.
5.2 Certain links in this site (typically on the Links page) will lead to sites, which are not under the control of Flying
Astronomer. When you activate any of these you will leave the Flying Astronomer
site and Flying Astronomer has no control over and will accept no responsibility
or liability for the material on any site, which is not under the control
of Flying Astronomer.
6. Limitation of Liability
6.1 Nothing in this Agreement shall affect the statutory
rights of any consumer or exclude or restrict any liability for death
or personal injury arising from the negligence or fraud of Flying Astronomer.
6.2 Subject to clause 6.1, you agree that Flying Astronomer
shall not be liable either in contract, tort, negligence, statutory duty
or otherwise, for any direct loss or damage (including loss or damage
which is reasonably foreseeable or occurs naturally in the course of things)
resulting from any acts, omissions, failures or delays occurring on or
in relation to those parts of the Internet not under Flying Astronomer's
direct control including, without limitation, damage for loss of business,
loss of sales, non payment of sums due, loss of profits, business interruption,
loss of reputation, loss of business information, or any other pecuniary
loss (even where Flying Astronomer has been advised of the possibility
of such loss or damage).
6.3 The only liabilities that Flying Astronomer can exclude
are those arising from the following.
6.3.1 In cases where losses were not foreseeable to both
parties when the contract was formed.
6.3.2 Where losses were not caused by any breach on the
part of Flying Astronomer.
6.3.3 For any business losses, and/or losses to non-consumers.
7. Delivery
Orders received by 4pm are normally dispatched the following day for next day or 48 hour delivery (weekends incur extra charge). We guarantee all orders will be received within 30 days. If Flying Astronomer cannot delivery within 30 days you will be notified immediately to arrange another time for delivery, or if you would prefer, to cancel your order. For a complete explanation of delivery charges please see delivery details page
8. Complaints handling procedure
In the unlikely event that you have any complaints as to our service or
any of the goods and services supplied to you from our site, please contact
us by either:
- the 'contact us' tab from the site
- Phone: 01407 740 002
- Email info@flyingastronomer.co.uk
- or write to: Flying Astronomer, Yr Allt, Bodedern, Anglesey. LL65 3UD
All complaints are taken seriously and will be investigated as soon as they are brought to our notice. We will endeavour to rectify any problems as soon as possible.
9. Copyrights
All designs, text, graphics and their selection and arrangement on this site are the copyright of Flying Astronomer or its content providers. The name and logo device of Flying Astronomer is a UK trademark. As a visitor to the Flying Astronomer site you are licensed to copy electronically or to print portions of this site for your own personal, non-commercial use. Any other use of materials on this site without Flying Astronomer's prior written consent is strictly prohibited.
10. Software
10.1 Intellectual property rights in any software or
any other copyrighted materials ("Software") and supporting
documentation supplied by us to you remain our property or that of our
licensors.
10.2 Without our written consent and without affecting
any applicable statutory rights under the Copyright (Computer Program)
Regulations 1992 (as amended, supplemented or replaced from time to time)
you shall not and shall not permit any other person to:
10.2.1 disassemble, reverse engineer, decompile or in
any other way interfere with the Software;
10.2.2 copy or modify the Software; or
10.2.3 create any new Software partly or wholly based
on the Software.
10.3 Subject to the terms of this Agreement, you are
licensed to use the Software and associated documentation non-exclusively,
but only for the purposes identified on the site in relation to the Software.
10.4 You must not transfer, assign or sub-license your
right to use the Software or attempt to do so.
10.5 Software Returns - See section 4.7
11. Matters Beyond our Reasonable Control
Flying Astronomer shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightening, flood, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.
12. Language
In the event of conflict or inconsistency between the terms of the English language version of this Agreement and any translation provided by us, the English language version shall prevail.
