TERMS & CONDITIONS

IMPORTANT NOTE: By being made aware of and reading the following Terms & Conditions you agree by using this Site, that you are bound by the terms and conditions of Malby Maps Limited and these should be read carefully before making any order. These Terms & Conditions contain important information and we recommend that you print a copy of these Terms & Conditions

Acceptance of Terms

These provisions (including the Malby Maps Limited Privacy Policy and the Delivery and Returns Policy together with any other documents referred to in these provisions) set out the terms and conditions on which you may make use of the www.malbymaps.com website (the "Site") ("Customer Terms").

We reserve the right to modify, amend, update, substitute or remove any information on this site as necessary including these Customer Terms (and the documents referred to in them) from time to time and will notify such changes to you by uploading them on the Site. You should review the Customer Terms periodically for changes. By using the Site you agree to be bound by these Customer Terms. If you do not agree to these Customer Terms then please do not use the Site.

1. About us

The Site is operated by Malby Maps Limited (“company” or “us” or “we”) trading as “Malby Maps”. We are registered in England and Wales under company number 8192868 and with our registered office address at Lower Barn, Ritson Lane, Collaton, Devon TQ9 7DW. If you need to contact Malby Maps Limited then please use our “Contact Us” page and we shall deal with you enquiry appropriately or email us at info@malbymaps.com.

2. Accessing our site

Access to the Site is permitted on a temporary basis, and the company reserves the right to withdraw or amend the services we provide through the Site without notice. We will not be liable if for any reason if the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users who have registered with us. Any personal data and other information provided by you shall be processed by us in accordance with our Privacy Policy. By providing any such personal data or other information you agree to the terms of our Privacy Policy.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Customer Terms.

3. Intellectual property rights

We are the owner or the licensee of all intellectual property rights contained in the Site and in the material published on it. All such rights are reserved.

You must not use any part of the materials on the Site for commercial purposes without obtaining a licence to do so from us or our licensors. If you breach these Customer Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

We respect the intellectual property rights of others. If you are aware that any of your intellectual property rights have been infringed on the Site, please email info@malbymaps.com to report the concern.

4. Description of Malby Maps products and services

Please note that when you decide to purchase goods and/or services the resulting legal contract is between you and we and such contract shall compromise of these Customer Terms, the email confirmation of your order and the applicable details on the product page and you agree to be bound by all such provisions.

You should carefully review the Customer Terms (including, without limitation, the Privacy Policy and the Delivery and Returns Policy), the email confirmation of your order and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these Customer Terms and the email confirmation of your order or the applicable details on the product page, these Customer Terms shall prevail to the extent of the conflict or inconsistency.

All products are subject to availability and Malby Maps Limited shall notify you as soon as possible if the products you have ordered are not available. Every effort will be made to despatch the products specified. If a product is out of stock we will by email notify you with the option to either cancel your order or, having informed you of when we can fulfil your order, to wait for delivery. Malby Maps Limited only uses vintage maps in the manufacturing of our products (not copies) and our customers should be aware that no guarantee can be made that a vintage map used in the creation of your bespoke Malby Maps product shall be clear of natural folds in the map or ageing spots. Malby Maps Limited unfortunately cannot offer a sample service but if this is a necessity then please do email us at sales@malbymaps.com. We shall notify you as soon as reasonably possible where a ‘Geographical Memory’ has been chosen by a customer and we are not able to meet that requirement without sourcing the map from a third party (providing you with an expected delivery date).

5. How contracts are formed between you and Sellers

Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within the Site subject to the Customer Terms and the applicable details on the specific product page on www.malbymaps.com.

No order shall be deemed to be accepted by the Company until the Company issues an email acknowledgement of the order. The contract between you and the Company will relate only to those goods and/or services notified in the email acknowledgement of your order.

6. Cancelling your Order

In accordance with the Distance Selling Regulations 2000 we operate a policy for cancellation to allow you a cooling off period after placing your order. You may cancel your order for any non-bespoke or non-customised Malby Maps product at any time without reason within 7 working days of delivery. You may cancel your order for any reason provided: -

You or the recipient notifies us of your cancellation in writing/e-mail to the address on our "Contact Us" page within seven working days of delivery. The goods remain unused and component parts are unopened. You or the recipient retain and take reasonable care of the goods until returned.

You return the packaged item(s) to Returns at the address on the "Contact Us" page. Please be aware that you will be liable for any postage/carrier costs incurred as a result of returning items to Malby Maps Limited. You should ensure that you obtain a proof of postage when you send it back. A refund can only be provided for items once they have been received by us. Our returns policy excludes perishable items.

7. Payment methods

Purchases may be paid for by using a debit or credit card through our online payment facility supported by PayPal. All prices shall be in shown in your selected currency and shall be payable in that currency, plus any applicable taxes, however, prices do not include sales tax for non-EU countries.

8. Refusal of transaction

We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.

9. Delivery arrangements

Your shopping basket on the Site displays the goods you have chosen from the Site and details of postage and packing. The delivery costs for each Malby Maps Limited product vary according to the product you have ordered and the delivery methods provided. Any delivery times quoted are in working days and if express delivery is required please contact Malby Maps Limited by sending an email to sales@malbymaps.com.

10. Import regulations and duty

If you order goods from our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

Please also note that the goods and services offered for sale by the company are directed solely at UK residents. We make no representation that any goods or services sold through the site are appropriate or available for use outside the EU. You must comply with all applicable laws and regulations of the country for which the goods or services are destined. Please note that items may not be deliverable overseas due to local law and it shall be your responsibility for any failure to deliver the goods overseas due to local law. We will not be liable for any breach by you of any laws.

11. Returns

If you wish to discuss or organise a return, exchange or refund of any non-cancellable item purchased through the Site (see the Malby Maps Limited Delivery and Returns Policy for a description of non-cancellable items), please contact us by sending an email to info@malbymaps.com. Any returns or refunds shall be made by Malby Maps Limited in accordance with the Delivery and Returns Policy set out on this Site.

12. Links

You may link to our home page on the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Company expressly reserves the right to revoke the right granted in this clause for breach of these Customer Terms and to take any action it deems appropriate.

Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission at any time. The Site provides links to other websites for your information. If you use these links, you leave the Site. We have not reviewed these third party websites and we have no control over such sites or resources. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them including the group gifting application which is provided by a third party.

13. Viruses, hacking and other offences

You must not misuse our Site by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately. We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

14. Waiver

If we fail at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

15. Severability

If any of these Customer Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

16. Entire agreement

These Customer Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.

17. Force majeure

Where we are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Seller's workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then our performance and obligations shall be postponed for the period of time that the circumstances continue.

18. Law and jurisdiction

Contracts for the purchase of goods or services through our Site shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.

We have taken care to describe items as accurately as possible. Slight variations may occur due to the handmade and bespoke nature of some of the Malby Maps Limited goods. Prices are subject to alteration and changes in VAT (where applicable) without notice where applicable. Should a product not be available a substitute of a similar product of equal or greater value will be made.

19. Feedback

General comments about the Site are welcome by email at info@malbymaps.com. Complaints about goods or services must be directed to us through the contact details provided on the order confirmation email that you receive for resolution directly with Malby Maps Limited.