Conditions of Use : Papadakis Publisher

Company Number 2013962
VAT Number 242460976

1 Scope

The following terms of use apply to all business relations between Papadakis Publisher and the ordering party in the version in effect on the date of order. Please carefully read these terms before using the Papadakis Publisher Web site (www.papadakis.net). By using the Papadakis Publisher site you indicate your agreement to these terms and conditions. Please do not use this site if you do not agree with these terms and conditions. All agreements which deviate from the provisions contained herein require written approval by us. All communication is made in English. This agreement does not affect your consumer statutory rights under UK law.

2 Acceptance and Cancellation of Contracts

Papadakis Publisher agrees to accept orders placed by the ordering party under the conditions specified at the Web site. Where typing, printing, or calculation errors on the Website affect the content of orders, Papadakis Publisher shall be entitled to cancel such orders.

3 Delivery

In the absence of other agreements, delivery shall be effected to the delivery address specified by the ordering party. The ordering party assumes all risks once the shipment has left the premises of Papadakis Publisher. Indications of estimated delivery dates are non-binding, except in exceptional cases in which Papadakis Publisher has ensured delivery by a specific date. Books may be pre-ordered prior to their publication date. The order will be processed and recorded and the book will be despatched once published.

4 Payment, Delays in Payment

The purchase price is payable on the date of order. The ordering party may pay the purchase price by credit card or automatic bank debit. If the ordering party is in arrears, Papadakis Publisher shall be entitled to charge late-payment interest at a rate of 4% above the UK base rate.

5 Offsetting Payments, Withholding

The ordering party shall be entitled to offset payment amounts only when said party's opposing claims have been affirmed by court order or recognized by Papadakis Publisher. The ordering party may exercise the right to withhold billed amounts only if said party's opposing claims are based upon the same contractual relationship.

6 Retention of Title

Delivered merchandise remains the property of Papadakis Publisher until all outstanding claims for payment from the ordering party have been fulfilled.

7 Warranty and Liability

In the event of deficiencies in shipments of merchandise for which Papadakis Publisher is accountable, Papadakis Publisher shall be obliged either to rectify such deficiencies or to deliver replacement goods, as it sees fit. Should Papadakis Publisher be unable to rectify deficiencies or provide adequate replacement, or if rectification/replacement is delayed for an unreasonable period of time due to circumstances for which Papadakis Publisher is responsible, or should rectification/replacement fail to occur for any other reason, the ordering party shall be entitled to cancel the order or to demand a commensurate price reduction.

All additional claims on the part of the ordering party â€“ regardless of their legal basis â€“ are excluded. Specifically, Papadakis Publisher shall not be held liable for damages/losses apart from the ordered merchandise itself, i.e., for lost profits or other losses of assets incurred by the ordering party. The limitation of liability described above does not apply to damage/loss attributable to malicious intent or gross negligence nor to cases involving claims filed by the ordering party.

In the event that Papadakis Publisher fails, through neglect, to meet an obligation justifiably regarded as crucial to the fulfilment of the purpose of a contract (cardinal obligation), liability shall be limited to damages or losses judged to be typical or predictable in cases involving the utilisation of the merchandise in accordance with the provision of the contract. In such cases, liability shall not exceed the equivalent of twice the amount paid on the basis of the corresponding order. See the Shipping & Returns for more specific details.

8 Data Protection

Papadakis Publisher is entitled to record and process customer data for purposes directly related to the purchase contract. Please see our Privacy policy for more details.

9 Applicable Law and Court of Jurisdiction

Papadakis Publisher is governed by the law of England and Wales which shall be applicable to all disputes. UN commercial law shall not apply. Where the ordering party is a registered commercial enterprise, the sole jurisdictional venue for adjudication of all claims arising from business relations between Papadakis Publisher and the ordering party is London, UK. Papadakis Publisher shall also be entitled to file claims against registered commercial enterprises with courts in other jurisdictions.

10. Copyright and Proprietary Rights

Papadakis.net is the property of Papadakis Publisher which is the trading name of New Architecture Group Limited and it is protected by United Kingdom and International Copyright laws. All copyright, trademark and other proprietary rights in the Papadakis Publisher website and in the software, text, graphics, design elements, audio, music and all other materials originated or used by Papadakis Publisher here at this site (www.papadakis.net) are reserved to Papadakis Publisher and New Architecture Group Limited.

You may not reproduce, upload, post, transmit, download or distribute any part of the Papadakis Publisher Information or information on sites accessible through links on this site other than printing out or downloading portions of the text and images for your own personal, non-commercial use provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from www.papadakis.net and/or Other Sites. You may not modify this site, or any material residing on such sites. You shall observe copyright and other restrictions imposed by other sites. You may not use this site or other sites in any manner that infringes the rights of any person or entity.

Domain names and trademarks of other sites, or contained in information accessed at other sites, are the sole property of their respective owners. No affiliation with, endorsement of, or sponsorship by Papadakis Publisher should be inferred.

11. Responsibility for Content

Papadakis Publisher accepts no responsibility or liability for any material which may reside in or is accessed by the Papadakis Publisher Site other than Papadakis Publisher Information. Papadakis Publisher has no responsibility with respect to Other Sites.

You may not upload, post or transmit any illegal, obscene, offensive, gambling or otherwise inappropriate material to the Papadakis Publisher Site.

12. Exclusions Of Warranties

No warranties of any kind are made with respect to the Papadakis Publisher Site, Papadakis Publisher Information, or Other Sites. Papadakis Publisher DOES NOT WARRANT THAT Papadakis Publisher SITE WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE, OR WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT Papadakis Publisher SITE OR THE SERVERS MAKING MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE EXPRESSLY EXCLUDE AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF Papadakis Publisher SITE, INCLUDING WITHOUT LIMITATION DATA LOSS OR CORRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE.

13. Links to Other Sites

Links to Other Sites may appear from time to time on the Papadakis Publisher Site. These links have been established to offer additional resources on subjects you find of interest on the Papadakis Publisher Site. In some instances, such links are a result of cooperative projects with organizations that own, operate or maintain the Other Sites.

Papadakis Publisher has no control over content that appears on Other Sites. Such content is subject to change and/or elimination. Papadakis Publisher assumes no responsibility for content, including factual errors and continuing availability, appearing on Other Sites.

14. Links to the Papadakis Publisher Site

You may establish a link or links to the Papadakis Publisher Site, subject to compliance with the following requirements:

You may not frame or alter the appearance of the Papadakis Publisher Site.
You may neither state nor imply that Papadakis Publisher endorses, sponsors or otherwise approves your site or any Other Sites.
You must abide by all of the other terms and conditions of use set forth in this document. For example, you may not reproduce or host Papadakis Publisher Information on your Website.
You agree not to portray Papadakis Publisher or Papadakis Publisher Information in any negative or derogatory manner.
Your site may not contain any (i) vulgar, obscene, pornographic or indecent language or images, (ii) material that is untrue, defames, abuses, harasses or threatens others, (iii) statements that are bigoted, hateful, mean spirited, ethnically offensive or racially demeaning, (iv) material violating any person's right of privacy, (v) material involving or encouraging gambling activities, and (vi) unauthorized copyrighted material.

All other parties desiring to link to the Papadakis Publisher Site must contact us to request permission.

15. Destructive Devices

It is your responsibility to take precautions to ensure that your computer and/or network is protected from viruses, worms, Trojan horses, or any other devices with destructive intent. In no event will Papadakis Publisher be liable for any direct, indirect, incidental, special or consequential damages to you from the use of the Papadakis Publisher Site or the Other Sites.

16. Modification of Terms and Conditions

Papadakis Publisher reserves the right to change, modify, add, or remove portions of these terms and conditions at any time. Please review these terms and conditions periodically for changes. Your continued use of the Papadakis Publisher Site following the posting of changes to these terms and conditions will mean you accept all such changes.

17. Export Controls

You agree that your use of the Papadakis Publisher Site will comply with all applicable laws, rules and regulations that govern the export of technical data.

18. Indemnification

You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, employees, agents and representatives (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable lawyer' fees') incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

19. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, Papadakis Publisher SITE OR MATERIALS OR FUNCTIONS ON Papadakis Publisher SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) WILL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING Papadakis Publisher SITE.

20. Limitation of Claims

The user must bring any action on any claim against Papadakis Publisher within one (1) year following the date the claim first accrued, or it shall be deemed waived.

21. General Provisions

If any of these terms and conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties and may not be modified except in writing signed by both parties.