Armadillo Central Terms and Conditions/Armadillo Central Terms of Business
Welcome to Armadillo Central Limited (ACL) and our website (site) www.armadillocentral.com. These Terms and conditions relate to the products and services which we offer on our site and to use of the site itself. Please read these Terms and Conditions carefully before using the site. By using the site you agree to abide by ACL’s Terms and Conditions. If you do not agree to these Terms and Conditions you should leave the site immediately.
1. We reserve the right to make changes to any part of the site and to these Terms & Conditions at any time without prior notice.
2. You will be subject to the Terms & Conditions in force at the time that you use the website or that you order goods from us.
3. If you decide to purchase or use any ACL products or services both now and in the future, including free and paid for digital content, you will continue to be subject to these Terms and Conditions.
4. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining conditions.
5. Registering with Armadillo Central - when you register on our site, please ensure that your details are accurate and notify us as soon as possible of any changes. You must keep your account and password confidential and restrict or limit access to your computer and account at all times. You must at all times accept liability for all activity that is generated from your account or password. If you think that your password is no longer secure please advise us immediately.
7. ACL reserves the right to deny access to the site, close an account, delete or amend content, or cancel orders at its discretion and subject to availability.
8. Availability of site - ACL endeavours to ensure that access to the site remains uninterrupted and that transmissions are error-free. We cannot however accept any liability whatsoever for interrupted services. Although we will endeavour to alert you, regular site maintenance on any, several or all pages may occasionally interfere with availability of the site. At such times we advise you to refresh your screen or return to the site later.
9. Access and limitations - ACL grants you a limited licence for access and personal use of this site, but you must not download or modify any part of the site without ACL’s express written consent. This licence does not allow the re-sale or commercial use of this site or its contents nor the collection, copying or use of products, content, text, listings, images or prices nor the reproduction, duplication, copying, selling, visiting, or utilisation of the site for any commercial use without ACL’s express written consent.
10. You must not download or copy your account data or any other data.
11. You must not use data mining, robots, or similar data collection and extraction devices nor use framing techniques to enclose any trademark, logo, or other information including but not limited to any images, text, page layouts, forms or other data without ACL’s express written consent. You must not use any meta tags or any other hidden text featuring ACL’s logo, identity or trademark without our express written consent.
12. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Home page or other pages of www.armadillocentral.com provided the link does not alter the presentation of ACL’s products or services in a false, misleading, derogatory, or otherwise offensive manner.
13. Communications and their Content - you are liable for all your own communications with ACL and must only send information and content for legitimate and lawful purposes. You must not send or transmit any communications that contain software viruses or spam. You must not use the site in a way that is likely to cause the site or access to it to be interrupted, damaged or impaired nor use the site for malicious, criminal or unlawful purposes nor post or use any content for illegal, abusive or defamatory content.
14. Reviews - ACL welcomes product reviews and other communications relating to our products and services and these may be posted in the relevant section as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties and does not consist of or contain software viruses, malicious postings or any form of spam.
15. You must not use a false email address, impersonate any other person or entity, or otherwise mislead as to the origin of any content. ACL reserves the right to remove or edit any content.
16. If you post content or submit material, you agree that it is entirely original to you and you hereby agree to ACL using such content and the name that you submit in connection with such content on a non-exclusive, royalty-free and fully sub-licensable basis elsewhere on the site or in our social media networks and throughout the world in any media. ACL cannot guarantee that your name or your content will be accurately reproduced where such use is made. You agree to indemnify ACL for all claims brought by a third party against ACL arising out of or in connection with a breach of any of these warranties.
17. Offensive or unsuitable content - if you become aware of any content of a defamatory or unsuitable nature on our site or in our communications, please contact us immediately so we can take steps to remove the offending material as soon as possible.
18. Copyright Notice - all content including text, graphics, logos, images, digital downloads and other data on the site is the property of ACL or its content suppliers and is protected by international copyright, authors’ and creators’ rights and database right laws. The compilation of the site content is the exclusive property of ACL and is protected by English and international copyright and database right laws. All software used on this site is the property of ACL or of our software suppliers and is similarly protected. You may not extract or re-use any content without our express written consent.
19. Intellectual Property - ACL respects the intellectual property of others. If you believe that your intellectual property rights have been breached or infringed, please contact us immediately.
20. Trademarks - you may not use any ACL logo or other corporate graphics or trademark without our express written consent. Armadillocentral.com, Armadillo Central, Armadillo Central Limited and the Armadillo Central logo and armadillo artwork including armadillos in multiple colours shown on the site are trademarks or registered trademarks of ACL and must not be used in connection with any product or service other than ACL's. Other trademarks that appear on this site are the property of their respective owners, and may not be connected to ACL.
21. Conditions of Sale - when you place an order to purchase from ACL’s site, you will receive a confirmation email. Your order represents an offer to us to purchase a product which is accepted by us only when we send email confirmation to you that we've despatched that product to you or in the case of automatic downloads when such a product is delivered. All products remain our property until the time of despatch. Any products on the same order which we have not confirmed as despatched in an email do not form part of that contract. While we endeavour to confirm availability and deliver all products, due to the nature of some products, we reserve the right not to fulfil orders where such orders are one-offs and stock may have already been purchased by another party. We also reserve the right to withdraw any products without any prior notice.
22. Digital Files - digital files may be downloaded for use on your own personal computer and/or reading device/s only. Such files may not be shared, copied, printed, redistributed in any format whatsoever or resold to any third party.
23. Print Publications – may not be copied, photocopied, resold, scanned, or otherwise re-distributed except with our or their publisher’s express permission.
24. Returns - digital Products - we cannot accept the return of any digital product including ebooks or ecards once they have been downloaded and we cannot refund for any such products unless they are faulty, in which case we will happily replace the digital file. Please email us immediately with any problems regarding digital files and their download and we will endeavour to deal with your enquiry as soon as possible.
25. Returns - physical Products - orders in the European Union are subject to a statutory 7 day cooling off period. Provided you notify us within 7 days of receipt and goods are returned to us within 14 days of receipt in perfect condition and with all their packaging intact, we will refund such products in full. You must contact us within 7 days of receipt to obtain a returns number. Return delivery will be at your expense and the original delivery cost will not be refunded on return orders unless products are faulty. If you do not have a returns number no refund will be made. Please enclose a copy of your original invoice with any returns.
26. Faulty Products – if your product is faulty you must contact us immediately upon receipt and advise us of the nature of the fault. Depending on the nature of the fault we will endeavour to replace products with like for like. You must return any faulty products to us at your expense, intact and with all original packaging included before we can make a final decision about their replacement. Please enclose a copy of your original invoice with any returns. We will re-deliver free of charge where products are demonstrably faulty. Your statutory rights are not affected.
27. Prices and availability - we endeavour to list accurate availability and pricing for all products for sale on our site. However due to the nature of some products, which may be one-offs, made to order, unique or limited edition products, we are unable to guarantee availability for any products. Additionally some errors may occur in prices as they are listed. We will always check prices at despatch and will advise you of any discrepancies at this stage.
28. Delivery - digital files are downloaded immediately your payment is received either directly from the site or via an access code. If you have any problems downloading your file please contact us. We will respond to all queries but this may take some time.
29. Despatch and delivery times for physical goods are estimates and cannot be guaranteed although we will do our best to meet your specific deadlines if you get in touch with us direct to discuss these. We cannot however guarantee deliveries as these are carried out via third parties including some of our suppliers and the post office. As we process your order, we will endeavour to keep you informed by email if any products you have ordered turn out to be unavailable or will be delivered late.
30. Taxes, VAT & Customs - ACL is not currently registered for VAT and does not charge VAT on any products. We reserve the right to introduce VAT charges with no prior notice. This will be notified in these Terms and Conditions and in our FAQ at the time of introduction. You will also be aware of VAT where applicable as you ‘checkout’ your purchases.
If you are ordering purchases for delivery outside the UK, your goods may be subject to local import duties and taxes, which might be levied once the package reaches its destination. We have no control over these charges and cannot predict what they may and any such charges or additional charges for customs clearance are your responsibility entirely. Please contact your local customs office for further information. In some countries delivery may be delayed until you have paid charges. ACL is not and will not be liable for any such charges or any delays in delivery.
Please also note that as the importer of any goods into a country it is your responsibility to ensure that they conform to all local legislation before importing them. Some countries may open parcels in order to check that goods conform. In such cases it is your responsibility to check and to ensure that goods arrive in perfect condition.
31. Under 18s - although we sell some products which are suitable for children we do not accept any purchases from under 18s. By accepting our Terms and Conditions at the time of purchase you confirm that you are over 18 years of age. If you are under 18 you can only use our site with the cooperation of a parent or guardian.
32. Links and Other Businesses – the site may contain links to external websites and other businesses. These may be on our Links page or elsewhere on the site. We are in no way responsible for verifying or vouching for any such links or any other businesses or the content on their sites or pages or associated websites. ACL does not assume any liability at all for external links or links to other businesses and your visit to such sites is entirely at your own risk.
33. Electronic communications – where we communicate with you by email (electronic mail) these communications will be deemed for contractual purposes to be ‘in writing’. This condition does not affect your statutory rights.
34. Losses - ACL will not be responsible for any personal or business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you used the website or when a contract for the sale of goods by us to you was formed.
35. Storage – ACL will not be responsible for any storage of goods belonging to third parties including clients with goods listed on a Schedule 1 basis unless this is agreed in advance in writing. Where goods are stored without express permission ACL reserves the right to charge for storage either directly or via an intermediary. ACL reserves the right to withhold such goods where outstanding payments for storage are not met by clients. Furthermore unless agreed in advance in writing ACL will not be liable for the safekeeping either directly or via a third party of such stored goods. It is the client’s responsibility to ensure at all times that their goods are covered by a suitable insurance policy. This includes goods which are temporarily placed with ACL for physical exhibitions, for press loans or for loans to ACL customers or for goods which are otherwise left in ACL’s care without written authorisation.
36. Loan of goods and sale or return - ACL may from time to time and by prior written arrangement only loan goods to third parties including customers of the website in order that they may try out the goods for instance hang an artwork in their own home or office or loans may be arranged by separate written agreement so that journalists, press contacts and stylists can feature or photograph the artwork or other product or products may be on loan on a sale or return basis. Such loan of goods or sale or return arrangement will be supported by a written agreement with ACL and the relevant party which will either be in the form of an email or a proforma invoice. All goods relating to such loans will remain the property of ACL at all times. Individuals and businesses will be responsible for the safekeeping of such goods. Failure to return such goods in their original condition and with their packaging when notice is given will result in an invoice being raised for their full retail value or for the price detailed on the proforma invoice.
37. Proforma invoices - once goods have been returned in their original condition an ACL invoice will be raised for any outstanding goods sold or not returned.
38. Unpaid invoices - ACL reserves the right to take further action should an invoice remain unpaid after a period of 4 weeks from the date of the invoice including suspending client accounts and if necessary initiating legal proceedings to recover monies due.
39. Force Majeure - ACL will not be held responsible for any delay or failure to comply with our obligations under these Terms & Conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
40. Waiver - if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you are in breach of these conditions.
41. Governing law and jurisdiction - these terms and conditions are exclusively governed by and construed in accordance with the laws of England.
42. Our details - www.armadillocentral.com is the trading name for Armadillo Central Limited.
This site is owned and operated by: Armadillo Central Limited, PO Box 897, Richmond, TW9 9EH, UK.
Company Registration Number: 7649704
Armadillo Central Terms & Conditions March 2013.
Previously updated in September 2012.