Terms and Conditions
These Terms and Conditions (“Conditions”) form a legal agreement between you and Head Above The Clouds Media Limited, a company incorporated in England and Wales.
These Conditions apply to the use of www.hatcmagazine.com and Headabovetheclouds.co.uk website. Use of this Website includes, but is not limited to, making a purchase of merchandise, a back-issue and/or subscribing to the magazine and will be governed by these Conditions together with our Acceptable Forum Use Policy and Privacy Policy and we expect you to read them carefully. If you do not agree to these Conditions and the documents referred to herein, you may not use this Website or subscribe to the magazine or make a purchase. If you do not agree with these Conditions, please exit this site immediately.
1. GENERAL
1.1 We reserve the right to change these Conditions at any time by posting changes online. You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. Your continued use of this Website after changes are posted constitutes your acceptance of these Conditions as modified by the posted changes.
1.2 Reference to any statute, enactment, order, regulation or other similar instrument shall be construed as a reference to the statute, enactment, order regulation or instrument as amended or as contained in any subsequent re-enactment thereof.
1.3 All headings in these Conditions are for ease of reference only and shall not affect the interpretation or construction of the Conditions.
1.4 All magazines come in A5 dimensions
2. ORDER
2.1 When you place an order to purchase a subscription, back issue or merchandise ("Goods") directly from this Website (“Order”), we will send you an e-mail confirming receipt of your Order and containing details of your Order. Your Order represents an offer to us to purchase a product which is accepted by us only when your credit card/debit card/other payment is received.
2.2 If your Order is not accepted, we will contact you and explain why your Order has been declined.
2.3 Any order of the online version of the magazine will be downloadable for up to 60 days after purchase.
2.4 Any subscription order will contain an issue from the issue purchased. The next 3 issues will be randomly selected unless we are contacted otherwise. HATC magazine features 4 issues per year, Spring, Summer, Autumn and Winter.
2.5 Subscriptions will automatically renew the next year unless canceled. If you cancel your yearly subscription your subscription will close following the last issue of that subscription year.
2.6 Once a purchase is in place for a pre-order, refunds won't be issued due to the time in between the pre-order date and the launch date.
3. PAYMENT
3.1 The prices displayed on the Website at the end of checkout will include postage costs. Please note that all purchases are made in Sterling. For overseas orders, the price you pay will be dependant on the exchange rate of your credit card company and may fluctuate.
3.2.*Please be aware before buying, there has been a change in EU import tax meaning there may be extra charges on EU orders depending on your country. The customer is liable for these charges. Please see information in the product description. We intend to work on finding the best route to make this cheaper following the change in the EU law.
3.3. Payment can be made by credit or debit card and is processed by a third party payment provider. The payment provider currently accepts most major credit cards and debit cards including Visa, Mastercard, American Express, Visa Debit, Switch, Solo and Delta, however this may change and is at the sole discretion of the payment provider.
3.4. If using a debit or credit card it must be your own and there must be sufficient funds to cover the price. All credit forms/credit and debit card purchases are subject to validation checks and authorisation by the card user. If the user of your payment card refuses to or does not for any reason authorise payment we shall not accept your Order. Payment will be payable in advance of any purchase and/or subscription.
4. DELIVERY
4.1. Subscriptions will begin from the next available issue from your Order being accepted. Your Order will be processed as quickly as possible, however please allow up to 28 days for delivery of your first issue.
4.2. All further issues will be mailed to you on, or around, the on sale date of the magazine following production.
4.3. If you are renewing a subscription you will need to when your current subscription expires, or immediately if it has already expired by purchasing another subscription for the next magazine.
4.4. If your subscription comes with a free gift, please allow up to 28 days for delivery of your gift from acceptance of your order.
4.5. If you order back issues or merchandise, please allow up to 5 working days for delivery inside the UK and up to 28 days for the rest of the world from acceptance of your Order.
4.6. With the change in EU Tax, deliveries to the EU may take slightly longer. Please get in touch if your's hasn't arrived 12 days after posting.
5. REFUND AND CANCELLATION POLICY
5.1. As part of our guarantee of value, if you wish to obtain a refund due to a faulty product, we will refund the balance on your account within 30 days of receipt of notification of cancellation, taking into consideration the following:
(ii) If you have received a free gift as part of your order, the full-price of the gift and postal charges will be deducted from any money due to you.
5.2. If your purchase has an EU destination, there is a chance extra EU charges may be added due to the change in EU tax. We are not liable for charges nor can we guarantee a refund if said charges are applied after agreeing to the purchase at the checkout where we have outlined the possibility.
5.3 If you wish to cancel an Order you can do so within 24 hours of purchase by contacting us through email contact@headabovetheclouds.co.uk . Notification that your Order has been cancelled will be sent to your email address.
5.4. Refunds will be given in respect of an Order which is cancelled within 24 hours. If the order has been dispatched it must be returned to us unopened, unused and in original packaging or in respect of faulty Goods which have been delivered to you as damaged, within 30 days of cancellation, provided you return the goods within 14 days of cancellation subject to Clause 6.4. If returning Goods we would recommend that they are packaged properly and you retain receipt of posting as we can only refund on products we receive.
5.5 Please notify us of any shortage, damage, or defect in Goods within 7 days of delivery or you will have been deemed to accept the Goods. We will refund the reasonable costs of returning any Goods which are faulty and/or damaged provided you can produce a receipt. The reasonable cost of returning the Goods will be refunded within 30 days of us receiving the returned Goods and receipt. We will not refund the cost of returning Goods under any other circumstances.
6. DISCLAIMER REGARDING MERCHANDISE AND PRODUCTS VIA THIRD PARTIES
6.1 Merchandise, products or services may be provided to you by third parties accessed through links including banner advertising on this Website. Neither we nor any of our officers, directors, shareholders, employees, agents, affiliates, sponsors, licensors or the like, make or give any representation or warranty or condition, either express or implied, to you regarding any such merchandise, products or services nor the content of any third party provider’s website nor the accuracy or completeness of any third party provider’s representations nor the legality, reliability, quality or suitability of any third party providers or their merchandise, products or services.
6.2 Your transactions with any third party provider are solely between you and the third party provider and are subject to any terms and conditions that may apply to such transactions. You agree to pay all charges incurred by you with any third party provider. You will also be responsible for paying all applicable taxes (if any) relating to such charges.
7. COPYRIGHT
7.1 Except where otherwise noted, the contents of this Website including the design, text, graphics, source code and arrangement of the pages are our property and are our copyrighted material or that of the relevant content providers. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
7.2 In accessing our Website, you agree that you may only download the content for your personal non-commercial use. We reserve the right to withdraw this authorisation at any time by notice on this Website.
7.3 You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of our web pages for any other purpose whatsoever without our prior written permission.
8 THE WEBSITE
8.1 We reserve the right to modify or withdraw temporarily or permanently the Website or any part thereof with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website and/or change to these Conditions from time to time. It is your responsibility to check regularly to determine whether these Conditions have been changed each time you use the Website.
8.2 You agree to use this Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this Website by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this site.
8.3 The material and content contained within the Website is made available for you as a user of the Website for the purposes of browsing or purchasing Goods. You may, if necessary to make a purchase, download such material and content for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to assist or facilitate any third party to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content of the Website. You further agree that you shall not and shall not assist or facilitate any third party to, systematically extract and or reutilise parts of the content of the Website and in particular you may not utilise any data mining robots, or similar data gathering and extraction tools to extract (whether once or many times) for reutilisation any substantial parts of this Website. You may not create and/or publish your own database that features substantial parts of this Website.
9 PRIVACY POLICY
We are committed to safeguarding your privacy and all personal data is held in accordance with the Data Protection Act 2018. Click here for full details of the Data Protection Act 2018. By ordering through our store you opt into promotional emails from HATC regarding news and products.
10 EXCLUSION OF WARRANTIES
Except as otherwise expressly provided, we make no representations or warranties and expressly excludes the same whether express, implied or otherwise in so far as we are not prevented by legislation from so doing.
12 SEVERABILITY
If any of these Conditions should be determined by any competent authority to be illegal, invalid or otherwise unenforceable to any extent, then to the extent which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from these Conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
13 ENTIRE AGREEMENT
These Conditions and the documents referred to in it, represent the entire agreement and supersedes any previous agreements, arrangements, or understandings between the parties relating to the subject matter of these Conditions and may only be amended by the written agreement of both parties hereto.
14 WAIVER
Failure or neglect by us to enforce at any time any of the provisions hereof shall not be construed, nor shall be deemed to be a waiver of our rights hereunder, nor in any way affect the validity of the whole or any part of these Conditions nor prejudice our rights to take subsequent action.
15 ASSIGNATION
These Conditions are personal to the parties and you are not entitled to novate, assign or transfer or otherwise deal in any of its rights and/or obligations under these Conditions or purport to do the same, without our prior written consent.
16 AGENCY
Nothing in these Conditions is evidence of a joint venture or partnership. Neither party shall give any undertaking on behalf of the other.
17 QUERIES
If you have any questions about your Order or use of this Website, please email contact@headabovetheclouds.co.uk
18 STATUTORY RIGHTS
These Conditions do not affect your rights under the law and for information on what these rights are, we would suggested that you contact your local Citizen’s Advice Bureau.
19 NOTICE
Unless otherwise stated in these Conditions, any notice required to be given under these Terms and Conditions by either party to the other shall be by email and shall be served by sending the same by email to you.