Thesis Binding - eThesis

1. DEFINITIONS

In these conditions the following expressions shall have the following meanings:

1.1 "the Company" shall mean The Elvaston Group Limited of 221 St John's Road, London, SW11 1TH and where the context so permits any sub-contractor of the Company.

1.2 "Thesis" shall mean the printed document containing the text supplied by the Buyer which the Buyer agrees to buy from the Company.

1.3 "the Buyer" shall mean the person with whom any contract to sell the Thesis is made by the Company.

1.4 "the Delivery Date" means the date or dates specified by the Company when the Company anticipates it will be able to deliver the Thesis.

2. CONDITIONS APPLICABLE

2.1 These conditions shall apply to all contracts for the sale of a Thesis by the Company to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document.

2.2 All orders for a Thesis shall be deemed to be an offer by the Buyer to purchase the Thesis pursuant to these conditions and shall be deemed conclusive evidence of the Buyer's acceptance of these conditions. The Company shall deliver to the Buyer a formal Acceptance of Order in respect of each order which the Company agrees to accept. Any order which is not the subject of an Acceptance of Order will be deemed to be refused.

2.3 Any variation to these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Company

2.4 Nothing in these conditions shall affect the statutory rights of any consumer.

3. PRICES

3.1 The price payable for the Thesis shall unless otherwise stated by the Company in writing and agreed on its behalf be the price stipulated in the Company's published price list current at the date of delivery of the Thesis.

3.2 All thesis printing and binding costs are zero rated for Value Added Tax.

3.3 The Buyer's obligation is to pay the full price with order by credit/debit card. Your information is securely processed by PROTX VSP.

4. ADDITIONAL COSTS

The Buyer agrees to pay for any loss or extra costs incurred by the Company through the Buyer's instructions or lack of instructions, or through failure or delay in collection or taking delivery, or through any act or default on the part of the Buyer. In particular the price under 3.1 includes 3 attempts at delivery only. It is the responsibility of the Buyer to ensure that arrangements exist for the acceptance of the Thesis on delivery.

5. CANCELLATION OF RIGHTS

Since the Thesis is produced from the Buyer's own text the Buyer has no automatic right to cancel an order once a formal Acceptance of Order has been sent electronically to the Buyer. A right to return faulty goods exists under 7 below.

6. COLLECTION AND DELIVERY

6.1 Delivery of the Thesis shall be made to the Buyer's address as close as can reasonably be arranged to the Delivery Date. The Buyer shall make all arrangements necessary to take delivery of the Thesis whenever they are tendered for delivery.

6.2 All times or dates given for delivery of the Thesis are given in good faith but without any responsibility on the part of the Company. Time for delivery shall not be of the essence of any contract nor shall the Company be under any liability for delay whether or not beyond the Company's reasonable control. Delivery is through Fedex UK whose terms and conditions are incorporated into these terms.

7. ACCEPTANCE OF THE THESIS

7.1 The Buyer shall inspect the Thesis on delivery and shall within three (3) days of delivery notify the Company of any alleged defect, shortage or other shortcoming in the Thesis and any Thesis not the subject of such notification shall be deemed to have been delivered in accordance with the contract.

7.2 If the Buyer properly rejects the Thesis as not in accordance with the contract the Buyer shall at the Buyer's cost return such Thesis to the Company for a full refund.

8. PASSING OF TITLE AND RISK

Title and risk shall pass on delivery of the Thesis.

9. CONDITIONS AND WARRANTIES

9.1 Every description or specification of the Thesis is given in good faith based on information received from the printer of the Thesis.

9.2 The Company will pass onto the Buyer any benefits obtainable under any warranty given by the Company's suppliers.

9.3 The Company warrants that the Thesis will at the time of delivery correspond to the description given by the Company.

9.4 The Buyer warrants that the text supplied by the Buyer is an original work which the Buyer is entitled to have printed and bound and the Buyer expressly indemnifies the Company and its agents and contractors against any loss suffered by the Company arising directly or directly out of breach of this provision.

10. REPRESENTATIONS

No statement description information warranty condition or recommendation contained in any catalogue price list advertisement or communication made verbally by any of the agents or employees of the Company shall be construed to enlarge vary or override in any way any of these conditions.

11. FORCE MAJEURE

The Company shall be entitled to delay or cancel delivery or to reduce the amount delivered if it is prevented from or hindered in or delayed in manufacturing obtaining or delivering the Thesis by normal route or means of delivery through any circumstances beyond its control including but not limited to strikes lock-outs accidents war fire reduction in or unavailability of power at manufacturing plant breakdown of plant or machinery or shortage or unavailability of raw materials from normal sources of supply.

12. JURISDICTION

The purchase of the Thesis by the Buyer and all matters rights and liabilities relating thereto shall in all respects be governed by the laws of and subject to the exclusive jurisdiction of the Courts of England and Wales.

13. INTELLECTUAL PROPERTY RIGHTS

The content of www.ethesis.co.uk and all intellectual property rights connected to the site are owned by The Company. These rights include, but are not limited to the structure of the site and how it works. It also includes the underlying software, photographs, graphics, logos and copyright in the text.

Questions?