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The Spiritual Marketing Directory Terms & Conditions of Sale

Spiritus (The Spiritual Marketing Directory) Terms & Conditions of Sale

Click here to view our Terms & Conditions of Web Use.

1. Definitions

1.1 "Buyer" means the individual, company or organisation who buys or agrees to buy the Goods or a Service from the Seller;

1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;

1.4 "Goods and/or Services" (hereafter referred to as Goods) means the articles or services that the Buyer agrees to buy from the Seller;

1.5 "Seller" means Spiritus - The Spiritual Marketing Directory of Fern Cottage, Reedness, Goole, North Humberside, DN14 8HG, England;

1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

2. Conditions

2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.

2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.

2.3 Acceptance of placement of a listing on this Web Site shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.

2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

3. Ordering

3.1 All orders for a Listing in the Spiritus –The Spiritual Marketing Directory shall be deemed to be an offer by the Buyer to purchase a Listing pursuant to these Terms and Conditions and are subject to acceptance by the Seller.

All orders for a Listing will be examined by The Seller, who may choose not to accept a Listing for any reason.

3.2 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process section within the website.

4. Price And Payment

4.1 The Price of the Goods shall be that stipulated on the Seller's Website. The Price is inclusive of VAT (UK Value Added Tax) for UK-resident businesses, but exclusive of tax for businesses registered outside the UK.

Businesses registered in the UK will be charged in Pounds GB; businesses registered elsewhere in the EC will be charged in Euros; businesses registered anywhere else will be charged in US dollars.

4.2 The total purchase price, including VAT if applicable, will be displayed to the Buyer prior to confirming the order.

4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel.

4.4 Payment of the Price plus VAT must be made in full before a Listing becomes live on the Website.

4.5 If a recurring payment request via Paypal fails, efforts will be made to alert the Buyer to the failure, and to offer time to re-instate the payment. If payment is not received within 15 days, the Listing will be removed from the Website.

4.6 A Buyer can request re-activation of a removed Listing at any time by re-instating the PayPal subscription, but the Seller reserves the right to refuse re-activation for any reason.

5. Rights Of Seller

5.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.

5.2 The Seller reserves the right to withdraw any goods from the Website at any time.

5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

6. Warranty

The Seller warrants that the Service will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer's purpose.

7. Limitation Of Liability

7.1 You expressly understand and agree that the Seller shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Seller has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Site; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Site; or (v) any other matter relating to the Site or the content thereon, including without limitation any user content posted thereon. In no event will the Seller be liable for any damages in excess of one hundred pounds Sterling (£100.00).

7.2 Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

8. WAIVER

No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

9. Force Majeure

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

10. Severance

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

11. Changes To Terms And Conditions

The Seller shall be entitled to alter these Terms and Conditions at any time. Your continued use of the Web Site following any changes shall be deemed to be your acceptance of such change.

12. Governing Law And Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.


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