TERMS & CONDITIONS
Terms of Use
Please read these Terms of Use (the "Terms") before using the Website. When you come to www.wearehark.com and use any part of it you are agreeing to these Terms. If you do not agree with anything you read here, please exit this Website. You may not place an order through this Website for Goods (being the items, products and services we sell) unless you agree to be bound by our Terms, our Conditions of Sale (“Conditions”) and Privacy Policy. 1. This Website is operated by Hark Media Limited. All content that you see here is owned by or licensed to us. It is not for commercial use, and unless we specifically agree, you cannot copy, distribute, publish or alter the Website content. 2. Within the Website, you may find links or references to third party materials and websites outside www.wearehark.com. We do not endorse, authorise, or control those websites and therefore accept no liability in respect of the content or your use of those websites. 3. It is a condition of your using www.wearehark.com that you have read and consented to the terms of our Privacy Policy. This tells you how we use your personal information. 4. Hark Media Limited makes no representations or warranties (express or implied) and we are unable to guarantee the accuracy of information on the Website. We do not accept any liability arising out of reliance on the materials on our Website. Any articles and materials displayed on our Website are provided for information only. 5. We may terminate your access to our Website at any time if we decide at our sole discretion that you are in breach of these Terms. 6. We may change any aspect of www.wearehark.com, including theses Terms and Conditions, at any time without letting you know. You agree to be bound by such updates and you agree to visit this page from time to time to check for any changes.
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Conditions of Sale
Order Confirmation
All orders for Goods are accepted when you receive a confirmation e-mail to this effect. We are legally obliged to send you this confirmation and you may wish to print or save it for your future reference. The confirmation will include details of your order, including your chosen delivery address. We will send you a further e-mail to let you know that your order has been processed and dispatched by us. Please read our Privacy Policy for more information about how we use personal information.
If we require you to approve a proof before processing your order we will let you know. Where we require your approval of a proof we will not be able to process your order or dispatch your Goods before you have approved the proof.
Price & Payment
All prices are quoted in Pounds Sterling (£) and, where appropriate, are inclusive of UK sales tax (VAT) but are exclusive of delivery charges. Our supply of Goods is subject to availability and may be withdrawn at any time. We try to ensure that all prices on display on the Website at www.wearehark.com are accurate. We reserve the right to change any price after you place an order but should we do so, we will inform you before we process your order and you will have the opportunity to cancel the order. However the correct price will always appear on the email that we send you when we have processed your order. Where Goods are discontinued or cannot for some reason be delivered we will contact you by e-mail or telephone to inform you of this and to suggest an alternative item similar to the one ordered or we may have to cancel your order. Where this is part of a larger order, we will process and dispatch the available Goods to you in the normal manner. All payments must be in Pounds Sterling. We accept payment by debit or credit card and PayPal.
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Limitation of liability
We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of our obligations in relation to these Terms and Conditions, if the delay or failure was due to any cause beyond our reasonable control. Except in respect of death or personal injury caused by our negligence, our total liability to you for loss in connection with our supply of the Goods shall not exceed the price you have paid for the Goods. We do not accept any liability for indirect or consequential loss. No part of these terms is intended to constitute an exclusion of any liability which cannot be excluded under applicable law.
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Warranties and guarantee:
We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of our obligations in relation to these Terms and Conditions, if the delay or failure was due to any cause beyond our reasonable control. Except in respect of death or personal injury caused by our negligence, our total liability to you for loss in connection with our supply of the Goods shall not exceed the price you have paid for the Goods. We do not accept any liability for indirect or consequential loss. No part of these terms is intended to constitute an exclusion of any liability which cannot be excluded under applicable law.
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GENERAL
The following general provisions apply both in respect of our Website Terms of Use and Conditions of Sale (“Terms and Conditions”):
All designs, text, graphics and other contents or arrangements of this Website in whatever format and any and all intellectual property rights, including moral rights, in any designs, graphics, images within our website, and (in) our Goods and proofs belong to Hark Media Limited or its licensors. All rights are reserved. The Trademarks and logos displayed on the Website are the registered and unregistered Trademarks of Hark Media Limited and its licensors. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website or other intellectual property right without written permission from Hark Media Limited or such third party that may own the trademarks displayed on the Website. By using the Website you agree to respect the intellectual property rights of Hark Media Limited and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the Website. You may, however, download material that is required for the sole purpose of assisting you in placing an order. Such downloaded material may not be used for any purpose other than to assist you in placing an order. You may not create any links to our Website from another Website without our express written consent.
All notices shall be in writing and may be served by sending them by recorded delivery post to Hark Media Limited, Kemp House, 160 City Road, London, EC1V 2NX. Nothing in these Terms and Conditions shall give nor is intended to give rights to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Our failure to insist upon the strict performance of any of your obligations under these Terms and Conditions shall not be construed as a waiver and shall not affect our rights to require strict performance of such obligations. If any of the Terms and Conditions are or become to any extent invalid or unenforceable under any applicable law then such provision(s) shall be severed from these Terms and Conditions and the remainder shall continue in full force and effect.
Hark Media Limited may assign or otherwise transfer its rights and obligations under these Terms and Conditions without notice to you. You may not assign or otherwise transfer your rights and obligations under these Terms and Conditions without the express written consent of Hark Media Limited.
These Terms and Conditions will in no circumstances create a relationship of agency or partnership between Hark Media Limited and you.
These Terms and Conditions and our Privacy Policy contain the entire agreement between us with respect to our Website and any order for Goods placed via our Website.
English law will apply to these Terms and Conditions and the parties agree to submit to the exclusive jurisdiction of the English courts.
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INFORMATION ABOUT US
www.wearehark.com is a website owned and operated by Hark Media Limited trading as Hark.
Our registered address is Kemp House, 160 City Road, London, EC1V 2NX.
Our telephone number for enquires is 07590 384501.