1. Our service
Aquila.co.uk is owned and operated by New Leaf Publishing Limited.
New Leaf Publishing Limited is a company registered in [England and Wales] with company number 3032928
Our registsred address is:
New Leaf Publishing Limited
67A Willowfield Road
You can contact us by phone on 01323 431313
Aquila.co.uk is accessed by you under the following terms and conditions. All of our services as described on the site are governed by these Terms and Conditions. It is important that you read and understand these terms before using our services. By accessing or using our services you agree to be legally bound by these terms, as they may be modified from time to time. We reserve the right to change these terms at any time. Amendments will take effect when posted on our website. However, the terms current as at the start of a particular transaction will apply until that transaction is completed.
i. By completing the payment process you are required to provide us with accurate and complete registration information. Only adults (i.e., those aged 18 and over) are entitled to enter into legally binding contracts and as a result are the only people entitled to use our services. Any other individuals who are unable to form legally binding contracts are prohibited from using the services. If you do not qualify, do not use our services. By registering, you are making a statement, upon which we are entitled to rely, that you are aged 18 years or older and capable of forming a legally binding contract.
ii. On occasions certain individuals and members will be refused access to our services. Such suspensions shall be within our sole discretion.
3. Information you provide
i. By entering your details and information in the fields requested, you enable New Leaf Publishing Limited and its service providers to provide you with the services you select.
ii. Such information shall be legal, decent, honest and truthful, shall not infringe any third party rights, shall not contain any viruses or other malicious computer programming routines and shall not link to any other websites. Without limiting the above, all information you provide shall be accurate and complete and all registration details shall contain your correct name, address and other requested details.
We use third party services to secure and protect your credit card information and assist your shopping experience. However, any losses incurred or sustained by you in transmitting information shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by us. If you are using a public computer, you must sign out when you have finished shopping.
5. Availability of site
While we will use all reasonable endeavours to make our services and website available, we cannot guarantee that they will operate continuously or without interruption.
Subject to these Terms and Conditions, we may offer to provide certain services as are selected by you through the process provided on the site, solely for your own personal use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services that we perform for you, as well as the offering of any content on the site. We may change, suspend or discontinue the services at any time, including the availability of any feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the services without notice or liability.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the site or otherwise use the services, including, without limitation, modems, hardware, software, internet service and telephone service. You shall be solely responsible for ensuring that such equipment or ancillary services are compatible with the services.
You are solely responsible in all respects for use of the site and services which are at your own sole risk. The services, content, site and any software are provided on an ‘as is' basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of fitness for a particular purpose or non-infringement. New Leaf Publishing Limited maintains the site on a commercially reasonable basis and does not guarantee that you will have access to the site.
7. Contracts with us
If you purchase goods or services from us we must receive payment of the whole of the price of the goods or services that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending you a letter to the postal address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
Some of the goods and services require payment of fees. You shall pay all applicable fees, as described on the site in connection with such goods or services selected by you. Fees may be based on one-time or subscription payments as more fully described on the Site. You may pay the subscription fees with a valid credit card that is under your own name or that you are authorised to use for such purpose. You are responsible for all applicable fees and charges incurred, including VAT if applicable.
i. The prices payable for goods and services that you order are as set out in our website.
ii. You will be required to pay for delivery which is included in the prices as set out in our website.
9. Right for you to cancel your contract
i. You may cancel your contract with us for the goods/services you order at any time to the end of the 14th day from the date you receive your first issue. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty and your subscription will be refunded in full.
ii. To cancel your contract you must notify us in writing by post or email.
iii. Once you have notified us that you are cancelling your contract any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order.
iv. You may terminate your contract at any time by writing to us at the contact address. We shall refund the amount equivalent to the magazines you have not yet received.
10. Cancellation by us
i. We reserve the right to cancel the contract between us if:
a. we have insufficient stock to deliver the goods you have ordered; or
b. one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us by our suppliers.
ii. If we do cancel your contract we will notify you by e-mail or by post and we will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
11. Delivery of goods to you
i. We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
ii. Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
iii. You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
i. If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
ii. If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods. If you notify a problem to us under this condition our only obligation will be at your option:
a. to make good any shortage or non delivery;
b. to replace or repair any goods that are damaged or defective; or
c. to refund to you the amount paid by you for the goods in question in whatever way we choose.
iii. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 12.ii.a above.
iv. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
v. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you may have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
vi. In no event shall the Company or its parents, subsidiaries, affiliates, officers and employees be liable with respect to the site or the services for any amount in the aggregate in excess of the fees paid by you therefore; or for any indirect, incidental, punitive, or consequential damages of any kind whatsoever. We do not endorse, warrant or guarantee any third party product or service offered through the site and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
Unless otherwise expressly stated in these terms and conditions all notices from you to us must be in writing and sent to our contact address at Aquila, New Leaf Publishing Limited, Studio 2, Willowfield Studios, 67A Willowfield Road, Eastbourne, BN22 8AP and all notices from us to you will be displayed on our website from time to time.
14. Events beyond our control
We shall have no liability to you for any failure to deliver goods/services you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any of these terms and conditions are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
16. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
17. Links to other sites
Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linksite, its operator or its content. We are not responsible for the content of any website outside our site, nor for any contract you may enter into with the operator of any website outside our site.
You agree that we shall not be liable for any loss or damage of any sort associated with your use of third party content. Should you choose to access such other sites you acknowledge that you do so voluntarily and assume all risk.
18. Intellectual property
i. All trademarks, brand names, product names and titles and copyrights used in this site are trademarks, brand names, product names or copyrights of their respective holders. No permission is given by New Leaf Publishing Limited in respect of the use of any of them and such use may constitute an infringement of the holder's rights.
ii. All rights in the design, text, graphics and other material on our site and the selection or arrangement thereof are the copyright of us or other third parties. Permission is granted to electronically copy and print in hard copy portions of our site solely in connection with the acquisition of goods or services through our site. Any other use of materials on our site (including reproduction for purposes other than those noted above and alteration, modification, distribution or republication) without our prior written permission is strictly prohibited.
19. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English Courts shall have jurisdiction to resolve any disputes between us.
20. Entire agreement
We reserve the right at any time and without notice to revise the content of our site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following such change you will signify that you agree to be bound by the revised terms and conditions of use.