MC Tooling Terms and Conditions.
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AstonLee Partnership Ltd are completely dedicated to your total satisfaction. If you have any suggestions or comments please email us using the "Email us" button just below the banner.
Our Contact details:
AstonLee Partnership Ltd
PO BOX 7438 DERBY DE1 0JG United Kingdom
Phone: +44 (0)1332 799913
Fax: +44 (0)1332 799913
Email: sales @ mctooling.com (remove spaces please)
VAT Registration Number: 907 4467 12
WEBSITE TERMS AND CONDITIONS BETWEEN WEBSITE OWNER AND ADVERTISER
This page (together with the documents referred to on it) tells You the terms and conditions pursuant to which We will display Your advertisement on Our website www.mctooling.com (the "Site"). Please read these terms and conditions carefully before purchasing advertising space on the Site from Us. You should understand that by purchasing any advertising space on the Site, You agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if You accept them. Please understand that if You refuse to accept these terms and conditions, You will not be able to purchase any advertising space on the Site from Us.
1 Interpretation
1.1 "Business Days" means a day other than a Saturday, Sunday, bank or public holiday in the United Kingdom.
1.2 "Serviced Countries" means the following countries:
1.2.1 Austria
1.2.2 Belgium
1.2.3 Denmark
1.2.4 Finland
1.2.5 France
1.2.6 Germany
1.2.7 Greece
1.2.8 Ireland
1.2.9 Italy
1.2.10 Luxembourg
1.2.11 Malta
1.2.12 Netherlands
1.2.13 Portugal
1.2.14 Spain
1.2.15 Sweden
1.2.16 United Kingdom
1.3 A "person" includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors and permitted assigns.
1.4 Words in the singular shall include the plural and vice versa, and "We", "Us", "Our", "You" and "Your" etc shall be construed as Us (AstonLee Partnership Limited) and You (the advertiser) accordingly.
1.5 Where the words "include(s)", "including" or "in particular" are used in these terms and conditions, they are deemed to have the words "without limitation" following them and where the context permits, the words "other" and "otherwise" are illustrative and shall not limit the sense of the words preceding them.
1.6 Any obligation in this agreement on a person not to do something includes an obligation not to agree, allow, permit or acquiesce in that thing being done.
2 Information About Us
www.mctooling.com is a site operated by AstonLee Partnership Limited. We are registered in England and Wales under company number 05440360. Our address for all correspondence is PO Box 7438, Derby DE1 0JG with Our registered office being at 19 Highfield Road, Edgbaston, Birmingham, West Midlands B15 3BH. Our VAT number is: 907 4467 12
3 Service Availability
Our Site is only intended for use by people resident in the Serviced Countries. We do not accept orders from individuals outside those countries. Some restrictions are placed on the extent to which We accept orders from specific countries and these restrictions can be found on the Site from time to time, as is appropriate. Please review Our list of Serviced Countries before purchasing advertising space from Us.
4 Your Status
By purchasing advertising space on the Site, You warrant that:
4.1.2 You are legally capable of entering into binding contracts and have the requisite authority to bind the company You act on behalf of;
4.1.3 You are at least 18 years old;
4.1.4 You are resident in one of the Serviced Countries; and
4.1.5 You are accessing the Site from that country.
5 How The Contract Is Formed Between You And Us
5.1 After requesting to purchase advertising space, You will receive an e-mail from Us acknowledging that we have received Your request. Please note that this does not mean that Your request has been accepted. Your request constitutes an offer to Us to buy advertising space. All requests are subject to acceptance by Us, and We will confirm such acceptance to You by sending You an e-mail that confirms that We agree to You purchasing advertising space on the Site, from Us (the "Advertising Confirmation"). The contract between Us (the "Contract") will only be formed when We send You the Advertising Confirmation.
5.2 The Contract will relate only to the advertising space which We have confirmed in the Advertising Confirmation. We will not be obliged to supply any further space which may have been part of Your request until the availability of such space has been confirmed in a separate Advertising Confirmation.
5.3 You must ensure that the terms of the order are complete and accurate.
5.4 We will use Our reasonable endeavours to display Your advertisement on the Site within 5 Business Days of receipt of Your order to purchase advertising space from Us on the Site.
5.5 The purchase of advertising space by You from Us and the display of Your advertisement by Us on the Site is between You, a company, and Us, a company, and the provisions of Articles 9, 11 and 15 of the Electronic Commerce (EC Directive) Regulations 2002 do not apply, accordingly.
6 Our Status
6.1 Please note that in some cases, We may accept orders as agents on behalf of third party sellers. The resulting legal contract is between You and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise You of directly. You should carefully review their terms and conditions applying to the transaction.
6.2 We may also provide links on the Site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products or services You purchase from third party sellers through our site, or from companies to whose website we have provided a link on the Site, will be of satisfactory quality, and any such warranties are disclaimed by Us absolutely. This disclaimer does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and We may disclose Your customer information related to that transaction to the third party seller.
7 Price And Payment
7.1 The price of any advertising will be as quoted in correspondence between You and Us from time to time, except in cases of obvious error.
7.2 Prices are liable to change at any time, but changes will not affect the cost of advertising in respect of which we have already sent you an Advertising Confirmation.
7.3 Payment for all advertising space must be via Paypal whose terms and conditions can be found at https://www.paypal.com/uk.
8 Our Refunds Policy
8.1 When We fail to display an advertisement for any reason, including because You have notified Us in accordance with paragraph 19 that You do not agree to any change in these terms and conditions or in any of Our policies, or if We are of the opinion that Your advertisement is not suitable material for the Site, We will consider the situation and will notify You of Your refund, if applicable, via e-mail within a reasonable period of time. We will usually process the refund due to You as soon as possible and, in any case, within 20 Business Days of the day we confirmed to You via e-mail that You were entitled to a refund.
8.2 We will usually refund any money received from You using the same method originally used by You to pay for the advertising space.
9 Our Liability
9.1 Our liability for losses You suffer as a result of Us breaking this Agreement is strictly limited to the purchase price of the advertising space you purchased. Losses are foreseeable where they could be contemplated by You and Us at the time Your order for advertising space is accepted by Us.
9.2 This does not include or limit in any way Our liability:
9.2.1 For death or personal injury caused by Our negligence;
9.2.2 Under section 2(3) of the Consumer Protection Act 1987;
9.2.3 For fraud or fraudulent misrepresentation; or
9.2.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.3 We are not responsible for indirect losses which happen as a side effect of the main loss or damage (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
9.4 Where you buy any product or service from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.
10 Our Obligations
10.1 We will use reasonable endeavours to display Your advertisement.
10.2 We reserve the right to remove Your advertisement from the Site at any time at Our sole discretion for any reason, including a lack of security coming to Our attention or Your advertisement becoming unsuitable material for the Site.
11 Your Obligations
11.1 You warrant that Your advertisement on the Site will at all times be:
11.1.1 accurate in every way and detail;
11.1.2 is not defamatory, offensive or illegal; and
11.1.3 does not infringe any third party rights or third party intellectual property rights whatsoever;
11.2 You warrant that You, and the company You act on behalf of, has the authority to sell and advertise in accordance with Your advertisement on the Site, and that You have the authority and right to sell the products and services You are advertising for sale on the Site.
12 Written Communications
Applicable laws require that some of the information or communications We send to You should be in writing. When using the Site, You accept that communication with Us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on Our website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that we provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect Your statutory rights.
13 Notices
All notices given by You to Us must be given to AstonLee Partnership Limited at Our correspondence address at PO Box 7438, Derby DE1 0JG or to alan@astonlee.com. We may give notice to You at either the e-mail or postal address You provide to Us, or in any of the ways specified in clause 12 of this Agreement, above. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
14 Transfer Of Rights And Obligations
14.1 The Contract between You and Us is binding on You and Us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of Your rights or obligations arising under it, without Our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15 Events Outside Our Control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a Contract that is caused by events outside Our reasonable control (a "Force Majeure Event").
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the following:
15.2.1 Strikes, lock-outs or other industrial action.
15.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
15.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
15.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.2.5 Impossibility of the use of public or private telecommunications networks.
15.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the Contract may be performed despite the Force Majeure Event.
16 Waiver
16.1 If We fail, at any time during the term of a Contract, to insist upon strict performance of any of Your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which We are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
16.2 A waiver by Us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by Us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with clause 13 of this Agreement, above.
17 Severability
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18 Entire Agreement
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While We accept responsibility for statements and representations made by Our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
19 Our Right To Vary These Terms And Conditions
19.1 We have the right to revise and amend these terms and conditions from time to time.
19.2 You will be subject to the policies and terms and conditions in force at the time that You purchase advertising space from Us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to purchases of advertising space previously made by You), or if we notify You of the change to those policies or these terms and conditions before we send You the Advertising Confirmation (in which case We have the right to assume that You have accepted the change to the terms and conditions, unless You notify us to the contrary within seven Business Days of the display of Your advertisement on the Site).
20 Law And Jurisdiction
Contracts for the purchase of advertising space on the Site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
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