Terms & Conditions

1. TERMS AND CONDITIONS

(i)  These Terms set out your (“You”) agreement with  K.A.MCGUIGAN Limited (company number 10818035, whose registered office is at  K.A.MCGUIGAN LTD, Studio One, Winsor & Newton Building, Whitefriars Ave, London, HA3 5RN, United Kingdom (“K.A.MCGUIGAN”) in relation to the use of the Website and the placement of Order for Products and related matters;

(ii) In consideration of K.A.MCGUIGAN allowing you to use the Website, and/or opening an Account for you, you agree with K.A.MCGUIGAN to be bound by these Terms.

This website is owned and operated by K.A.MCGUIGAN.

  1. WEBSITE SECURITY

(i)   http://katieannmcguigan.com is protected by SSL (Secure Socket Layer) encryption. SSL is a security device that ensures that any data, which you enter into a secure area of the website, is encrypted during transmission over the Internet. SSL utilises data encryption to create a secure environment for you to conduct your online transactions. In order for SSL to be effective, you must be using an SSL compliant browser.

(ii) K.A.MCGUIGAN does not store or keep credit card numbers from online transactions. The last four numbers and the expiry date of your credit card number are kept for order verification and identification purposes only. In the event a credit card is used without the holder’s authorisation, the cardholder must notify their credit card provider in accordance with their reporting rules and procedures.

Please take full responsibility for your own security when using the internet and do not under any circumstances disclose your bank details, credit card details, your personal username or password or other such information to any other person unless you are confident that the information will not be misused by that person.

Please also ensure that you do not leave your personal computer unattended while it is in operation unless it is safe to do so, and be aware that public forums and chat rooms are often used by people as a means of exploiting others and obtaining personal information about you.

3. ACCESS AND USE OF THE WEBSITE

(i) You must only use the Website in accordance with these Terms and any applicable law.

(ii) You must not (or attempt) to:

(a) interfere or disrupt the Website or the servers or networks that host the Website or any security-related or other features of the Website;

(b) use any data gathering and extraction tools on the Website; or

(c) link to any part of the Website in a way that damages or takes advantage of K.A.MCGUIGAN’s reputation, or causes K.A.MCGUIGAN to suffer Loss including but not limited to implying or suggesting that you have any association and/or affiliation with K.A.MCGUIGAN, or approval and endorsement from K.A.MCGUIGAN when there is none, or in a way that is illegal or unfair.

4. INFORMATION ON THIS WEBSITE

(i) You acknowledge and agree that there are intellectual property rights that are owned by or licensed to K.A.MCGUIGAN and these include rights in respect of the Website content;

(ii) Any material on the Website, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof in whatever form (including electronic form) must not be reproduced, transmitted, communicated, distributed or adapted, sold, modified or used except as permitted in accordance with applicable law or with K.A.MCGUIGAN’s consent;

(iv) The intellectual property rights in all software and content made available to you on or through this Site remain our property or that of our licensors and are protected by intellectual property laws and treaties around the world. All such rights are reserved by us and our licensors.

(v) You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Site nor may you use any such content in connection with any business or commercial enterprise. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.

(vi) To the extent there is material on the Website provided by third party merchants, suppliers and Product manufacturers, K.A.MCGUIGAN is not liable to you in respect of any Loss that you might suffer or incur as a result of inaccuracies or errors caused by incorrect information supplied to us or by these third parties.

  1. ORDERS AND AGREEMENT FORMATION

(i) Before you may place Orders and access the Website for that purpose, you must register an Account with K.A.MCGUIGAN UK. To register an Account, you must:

(a)  give K.A.MCGUIGAN accurate and current personal information including your name, address, credit card or other related payment details, and a valid email address;

(b)  be at least 18 years old, and have the capacity to enter into a legally binding agreement with K.A.MCGUIGAN.

(ii) You must follow the instructions on the Website as to how to make an Order and for making changes to your Order before you submit an Order.

(iii) Subject to these Terms, and cases of Error or Obvious Error, despite any previous Price you may have seen or heard, the Price or related charges (for example delivery charges) shown or told to you (on the Website) in respect of any Order, is the Price and charges communicated to you via the Order Confirmation.

(iv) Unless otherwise stated, all payments to K.A.MCGUIGAN are to be made in GBP.

(v) Payment for an Order is required to be made in full at the time of the Order being accepted by K.A.MCGUIGAN by one of the payment methods disclosed on the Website.

(vi) If you are not entitled to use the payment method or account selected for the Order or if the payment method or account does not have sufficient funds or credit facilities to cover the Order, then the Order may not be processed.

(vii) Upon placement of an Order, K.A.MCGUIGAN will issue an Order Confirmation which will be sent to you by e-mail. This email is not an acceptance of the Order.

(viii)  A binding agreement between you and K.A.MCGUIGAN for the purchase of Products is formed when you receive a shipment confirmation communication from K.A.MCGUIGAN.  You agree that K.A.MCGUIGAN is not obliged to supply the Products to you until the Order has been accepted and an Agreement concluded.

(ix)  K.A.MCGUIGAN may in its discretion refuse to accept an Order from you, or refuse to process your Order for any reason. These reasons include but are not limited to:

(a) unavailability of Products the subject of an Order;

(b)  K.A.MCGUIGAN suspects that you might be re-selling the Products;

(c)  K.A.MCGUIGAN suspects that the Order is not genuine and that it is being used for a purpose other than for use of the Products is the subject of the Order by you; or

(d) where K.A.MCGUIGAN considers that the Products cannot be delivered to your nominated delivery address.

6.YOUR ACCOUNT AND THE ACCOUNTS OF OTHER PERSONS

(i) You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure.

(ii) K.A.MCGUIGAN is not liable or any Loss suffered or incurred by you as a result of any unauthorised activity on your Account if you fail to keep your Account login information secure.

(iii) K.A.MCGUIGAN may refer fraudulent or abusive or illegal activity to the relevant authorities for investigation or prosecution.

  1. CANCELLATIONS AND AMENDMENTS TO ORDERS

(i)  K.A.MCGUIGAN is not obliged to accept any request by you for a cancellation or amendment of an Order;

(ii)  If you discover that you have made a mistake with your Order after you have submitted it to K.A.MCGUIGAN via the Website, you may request the Order be cancelled or amended. K.A.MCGUIGAN does not guarantee that it will be able to cancel or amend the Order in those circumstances;

(iii)  If you have made an Order and K.A.MCGUIGAN is unable to process the Order or K.A.MCGUIGAN does not accept the Order, K.A.MCGUIGAN UK will notify you and the Order will be cancelled;

(iv) K.A.MCGUIGAN will refund any payment already made by you to your original payment method where an order is cancelled as contemplated by this clause, and before it has been accepted by K.A.MCGUIGAN.

  1. DELIVERY

(i) The delivery times provided by K.A.MCGUIGAN are estimates only which are provided to K.A.MCGUIGAN and determined by your chosen parcel carrier and method shipping. We aim to deliver within the time indicated by us at the place of delivery requested by you. We cannot guarantee delivery dates and we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

(ii) Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.

(iii) In the event that multiple items are ordered, part deliveries may be made where stock is not available. All reasonable attempts to notify you will be made using the details you provided.

(iv) On delivery of the Product, you may be required to sign for delivery, unless you grant us authority to leave (“ATL”). If you grant ATL you understand and agree that this authority to leave gives us and/or your selected courier permission to leave the Order in question unattended by the front door – or, where applicable, at the reception or concierge’s desk – of the delivery address without obtaining a signature confirming delivery at the delivery location. In such circumstances, you understand and agree that by granting us authority to leave, we and our couriers are released of all responsibility and liability for the Orders delivered and left unattended, and that this responsibility and liability transfer to you on delivery. If you are not available to take delivery or collection, we may leave a card giving you instructions on either re- delivery or collection from the carrier.

(v) You agree to inspect the Product for any obvious faults, defects or damage on receipt of delivery. You need to keep receipt of the delivered Product in case of future discussions with us about it. The buyer is responsible for inspecting the goods for fault and notifying us in accordance with our Returns Policy should there be a fault.

(vi) Unless otherwise specified, responsibility and title in the Goods passes to you upon delivery. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and transfer of responsibility in the same way. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.

9. CHANGE OF ADDRESS

We cannot be held responsible if you enter an incorrect address on your Order. Address Confirmation is given on the review & buy page in the checkout section of the site. If this is not noticed until after your order is finalised, please contact Customer Service immediately. We will attempt to update any incorrect Order details, however, due to the fast processing within our distribution centre, some Orders cannot be adjusted. Therefore, you should carefully check that your Order is accurate before you submit it to us.

10. TITLE AND RISK

(i) Unless otherwise specified by you, all title and risk passes to you upon K.A.MCGUIGAN accepting the Order and payment for the Price and all other relevant charges in respect of the Order being paid by you.

(ii) As and from the time when risk passes to you,K.A.MCGUIGAN will not be liable to you for Loss suffered or incurred by you in relation to the Products except as provided in the Terms;

(iii) You agree to take care when opening the Products so as not to damage it, and not to use any sharp instruments in that process.

11. YOUR COMMITMENTS, AGREEMENTS AND ACKNOWLEDGEMENTS

(i) You warrant, and represent to K.A.MCGUIGAN and acknowledge that K.A.MCGUIGAN has relied on same in entering into any Agreement with you, that:

(a) all information provided by you in your Account application is complete, accurate and correct and is not misleading;

(b) K.A.MCGUIGAN may rely on that information unless and until it receives written notice of any change signed by you. Any such varied information will be covered by this warranty;

(c) you have full capacity, power and are otherwise properly authorised to enter into obligations and exercise rights pursuant to these Terms;

(d) during your dealings with K.A.MCGUIGAN  you will be in a position to meet all your commitments and obligations arising from these dealings;

(e) you will notify K.A.MCGUIGAN immediately of any errors or omissions with respect to your details or Account, in writing;

(g) you have not made known, either expressly or by implication, to K.A.MCGUIGAN, any purpose for which you require the Products and you have the sole responsibility of satisfying itself that the Products are suitable for your use.

(ii) You agree:

(a) to provide K.A.MCGUIGAN with accurate, true and current information about yourself and maintain that information;

(b) you are responsible for maintaining the confidentiality of your password and Account information and the activities conducted on your Account;

(c) to notify K.A.MCGUIGAN immediately of any unauthorised use of your password or any breach of security;

(d) K.A.MCGUIGAN is not responsible for, and is not liable to you in respect of any Loss suffered or incurred by you regarding the reliability, completeness or accuracy of any third party information it provides or makes available to you;

(e) K.A.MCGUIGAN has the right to correct any trading or administrative errors including but not limited to reversing or cancelling an Order without your consent and without liability or recourse by you against K.A.MCGUIGAN;

(f) Any information provided by K.A.MCGUIGAN including information posted on its website is indicative and for information purposes only. Dinosaur Designs does not warrant the accuracy of that information and you should not make your own enquiries concerning that information.

  1. YOUR INSTRUCTIONS

(i) All your instructions are subject to law, and these Terms.

(ii)  It is your responsibility to ensure that all instructions given to K.A.MCGUIGAN are in accordance with the law, and these Terms.

(iii) If K.A.MCGUIGAN considers it is in its reasonable interest to do so and to the extent permitted by law, it may decline to act in relation to any particular dealings, without explanation or notice where it:

(a) believes the transaction would result in no change of beneficial ownership in the Products;

(b) believes the instructions are ambiguous, incomplete or unclear; or

  1. TERMINATION OF AGREEMENTS

(i) If you do not comply with any essential obligations, K.A.MCGUIGAN may terminate an Agreement by serving a notice of termination on you.

(ii) For the purposes of these Terms and any Agreement where you agree to acquire Products from K.A.MCGUIGAN:

(a)  any obligations on you to pay the Price and other applicable charges in respect of any Order, or to pay any other moneys owing by you to K.A.MCGUIGAN in relation to these Terms or any Agreements, are deemed to be essential obligations; and

(b) in respect of any other obligations, those obligations are deemed to be essential obligations if they remain unremedied for a period of seven days from the date K.A.MCGUIGAN advises you of the relevant breach and the need to remedy those defaults.

(iii) K.A.MCGUIGAN may also terminate an Agreement arising from an Order if the Products are not available for any reason or due to inability of K.A.MCGUIGAN to deliver the Products to your nominated delivery address;

(iv) In the case of termination of an Agreement:

(a) due to non-availability of the Products, K.A.MCGUIGAN will refund to you any money paid by you in respect of that Agreement;

(b) due to inability of K.A.MCGUIGAN to deliver the Products to your nominated delivery address, K.A.MCGUIGAN may, but is not obliged to refund to you any money you have paid to K.A.MCGUIGAN  however if K.A.MCGUIGAN elects to refund to you some of those monies K.A.MCGUIGAN may deduct its reasonable administration charges connected with acceptance of the Order and delivery of the Products (including for attempting to deliver and then returning the Products, and any storage fees as provided for in the Terms);

(c) due to breach by you of an essential term, K.A.MCGUIGAN may hold any other money paid by you under same as security for anything recoverable in relation to these Terms and/or enforce any other rights it may have against you in relation to these Terms and/or at law or in equity.

14. SALES OUTSIDE OF UNITED KINGDOM

You agree:

(i) the Website and K.A.MCGUIGAN is based in United Kingdom;

(ii) the Price and related charges related to the sale of Products by K.A.MCGUIGAN to you, will, for customers located outside of United Kingdom, be subject to the exchange rate applied by the customer’s credit or debit card merchant or in the absence of same, by K.A.MCGUIGAN;

(iii) where Products are shipped to your nominated delivery address outside of the United Kingdom, there may be Overseas Tax levied by a Government Agency in the country of nominated delivery, and that you will be liable for all such Overseas Tax (even if it is charged to Dinosaur Designs UK) and any other Loss you may suffer or incur related to the charging of Overseas Tax, and:

(a) K.A.MCGUIGAN is not responsible for, and not liable to you for any Overseas Taxes or other Loss you may suffer or incur related to charging of Overseas Tax;

(b) K.A.MCGUIGAN is not liable to reimburse you for any Overseas Taxes that may be imposed upon you or any other Loss you may suffer or incur related to charging of Overseas Tax;

(c) you agree to reimburse K.A.MCGUIGAN for any Overseas Tax that may be imposed upon K.A.MCGUIGAN or any other Loss K.A.MCGUIGAN may suffer or incur related to charging of Overseas Tax; and

(d) you release K.A.MCGUIGAN from all Claims you had, have or may have in relation to any Overseas Tax that may be imposed upon you or any other Loss you may suffer or incur related to charging of Overseas Tax.

  1. SIZE, COLOURS AND PATTERNS

We have made every effort to display as accurately as possible the size, colours and patterns of our products that appear on site. However, as computer monitors vary, we cannot guarantee that the piece you receive will be an exact replica of the item photographed or that your monitor’s display of any colour will be completely accurate.

16. PRODUCT RETURNS

(i) You agree that it is not a defect in the Product or a breach of a warranty if in K.A.MCGUIGAN reasonable opinion, following the sale of the Products to you, the Product has:

(a) become of unacceptable quality due to fair wear and tear;

(b) been misused, or not used in accordance with manufacturers’ instructions, or been used in an abnormal way or in any manner other that which it was intended; or

(c)  not had reasonable care taken by you in respect of the Product. Breakage due to dropping, banging, knocking or otherwise causing an item to come under undue stress is not considered a fault

(ii) You may return Product to K.A.MCGUIGAN in circumstances where you believe the Product is the subject of a defect, or there is an applicable warranty claim contemplated by these Terms.

(iii) If you believe you have received a product which has a manufacturing fault;

  1. You must contact us as soon as you receive your order.
  2. Images of the damage, defect or fault must be submitted via email for preliminary assessment.

(iv) Where the Product sold to you is confirmed to have a defect, or there is an applicable warranty claim contemplated by these Terms, K.A.MCGUIGAN will replace the Product or refund the Price of the Product to you at your request.

(iv) If the Product is found not to have a defect or there is no applicable warranty claim contemplated by these Terms, K.A.MCGUIGAN will return the Product back to you and may charge you the delivery costs of this return.

(v) If the product is found to be damaged due to wear and tear or misuse on your part, where possible, we will offer to repair items. Under such circumstances we will contact you with a quote for the repair. No repair will be undertaken until it is paid for in full, in advance.

  1. EXCHANGES

(i) Exchanges can be made within 14 business days of receiving the goods. We can exchange for other items or a refund of the same value of the piece/s being exchanged.

(ii) We strongly recommend that all exchanges posted to K.A.MCGUIGAN have a tracking number. K.A.MCGUIGAN is not responsible for any exchanges that go missing or lost on their way to us.

To exchange your item/s:

  1. The item/s being returned to KA.MCGUIGAN must be in its original condition.
  2. Returns can be made to our online store within 14 days of receiving the goods.
  3. We cannot offer exchanges/returns on sale items. No exceptions.
  4. Returns shipping must be paid for by the customer.
  5. Face Masks are exempt from the Exchange Policy.

Post the item/s to:

Katie Ann McGuigan
Studio One, Winsor & Newton Building, Whitefriars Avenue
HA3 5RN, London, United Kingdom

(iii) When we have received the item/s a refund for the same value of the item/s being returned. Refunds will be issued within 10 days of receiving the order return.

  1. PROMOTIONS AND DISCOUNTS

K.A.MCGUIGAN may, from time to time, send you notifications of online offers and promotions which include a promotional or coupon code (“Code”) for use when shopping at K.A.MCGUIGAN  It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of making your purchase online. We cannot apply the Code retrospectively once you have submitted your Order. Terms and conditions will apply to the use of the offer or promotion. Please read these carefully to make sure you can take proper advantage of these offers. Any Code is non-transferable and, unless expressly stated, may not be used in conjunction with any other offers. Promotion codes cannot be applied to the purchase of Gift Cards.

19. ERRORS

(i) The Price and related charges quoted by K.A.MCGUIGAN at the time of submission of your Order is indicative only and subject to K.A.MCGUIGAN’s Order Confirmation and acceptance of the Order. K.A.MCGUIGAN reserves the right to correct any errors which may be shown in any Invoice or other Agreement communications or documents, K.A.MCGUIGAN provides to you at any time upon notice to you, including without limitation the Price and related charges, and you must accept the corrections.

(ii) K.A.MCGUIGAN reserves the right to correct any errors which may be shown in or on the Website at any time upon notice to you, including without limitation the Price and any relevant applicable delivery charges or other related charges, and you must accept these corrections.

(iii) In case of Obvious Error, K.A.MCGUIGAN may rescind any Agreement with you by notice to you of that rescission. Where K.A.MCGUIGAN elects to rescind any Agreement with you, any further obligations to supply Products by K.A.MCGUIGAN to you or by you to K.A.MCGUIGAN will be at an end and K.A.MCGUIGAN will refund to you any moneys that you have paid to K.A.MCGUIGAN in respect of same.

20. NO COMMERCIAL USE

This Site is for your personal non-commercial use only.

  1. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
  2. Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect or consequential loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort (including negligence), under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through our Website.
  • Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, we exclude, all implied terms and warranties whether statutory or otherwise, relating to our website or the subject matter of these Terms and Conditions. You may be entitled to certain rights under consumer protection law or other Laws that cannot be excluded, including any statutory guarantees that are provided under competition and consumer legislation, including, as applicable, the Competition and Consumer Act 2010 (Cth). Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
  1. PRIVACY

(i) To the extent K.A.MCGUIGAN is required by law to do so, it may collect Your Information and verify your identity before K.A.MCGUIGAN can trade with you.

(ii) By using the Website, or opening an Account with K.A.MCGUIGAN you agree to be bound by the following terms:

(a)  K.A.MCGUIGAN will collect Your Information only by lawful and fair means;

(b) K.A.MCGUIGAN may also be necessary to collect Your Information from third parties, including credit reporting agencies, law enforcement agencies and other government entities, and identify verification providers;

(c) K.A.MCGUIGAN collect and hold, use and disclose Your Information for purposes including the following:

  1. to allow you to open an Account;
  2. to provide Products and related services to you;
  3. to enable A.MCGUIGANto perform its obligations to you and to ensure that you perform your obligations to K.A.MCGUIGAN;
  4. for communicating with you, including sending you information about Products and services;
  5. to maintain a credit information file on you and to carry out a credit assessment on you;
  6. to establish your bona fides;
  7. for the investigation of suspected unlawful, fraudulent or other improper activity connected with the use of our Products and services; and
  8. to comply with our legal and statutory obligations, including our obligations relating to identity verification and reporting under the Anti-Money Laundering and Counter Terrorism Act 2006 (Cth), our licensing obligations under other applicable laws.

(iii)  By opening an Account and providing Your Information you consent to Your Information being used by K.A.MCGUIGAN.

(iv) K.A.MCGUIGAN may disclose Your Information to third parties as follows:

(a) to a credit reporting agency;

(b) to K.A.MCGUIGAN’s contractors and external service providers associated with the operation of our business;

(c) to law enforcement agencies to assist in the prevention of criminal activities;

(d) to government and regulatory authorities and other organisations as required or authorised by law or otherwise permitted under the Privacy Act 1988 Cth;

(v) K.A.MCGUIGAN may disclose Your Information to a credit reporting agency for the purpose of obtaining an assessment of whether that personal information so disclosed matches (in whole or in part) the personal information held by the credit reporting agency. This process assists K.A.MCGUIGAN in verifying your identity as required by the Anti-Money Laundering and Counter Terrorism Act 2006.

(vi) The credit reporting agency may prepare and provide K.A.MCGUIGAN with such an assessment and may use Your Information as contained in any credit information file relating to you and other individuals for the purposes of preparing that assessment.

(vii) K.A.MCGUIGAN will take reasonable steps to protect Your Information it collects and ensure that it is accurate, complete and up-to-date.

22. COOKIES

A cookie is a small text file that is saved to and retrieved from your computer or mobile device. If you use our site and have cookies on your browser, we understand this as accepting our usage of cookies.

K.A.MCGUIGAN uses cookies to help provide the best experience for our customers.

  • We may use temporary or permanent cookies when you access our website.
  • We use both first and third party cookies to collect statistics and user data to optimize our site and to present you with relevant marketing material.
  • Some third party cookies are set by social media providers that we utilise and are independent of our control. These include: MailChimp, Facebook, Instagram, Pinterest, Tumblr and Twitter. These providers have their own separate cookie policy.
  • Data forwarded to third parties is only used to optimize our site and to present you with relevant marketing material. These include: MailChimp, Facebook, Instagram, Pinterest, Tumblr and Twitter.

23. COMMUNICATIONS FROM YOU TO US

If now or in the future our website facilitates you sending us information, images, comment or data of any nature by email or otherwise which is then displayed on any notice board, open discussion forum or similar communally accessible and interactive site, you must ensure that such material is not defamatory or offensive, untrue, racially offensive or an incitement to racial hatred or otherwise in breach of an individual’s right to privacy or human rights or actionable in law in any jurisdiction.

In the event that you do post such material on our website, such consequences that may directly or indirectly follow will be entirely your responsibility and not ours, and you agree to indemnity and hold us harmless from any action or consequences that may arise in such circumstances.

In the event that we receive any material from you that in our view (whether reasonable or unreasonable) is potentially actionable or otherwise objectionable, we reserve the right to withdraw the material without notice or reason, and without giving rise to any claim by you against us for so doing.

All information that you supply to us under any circumstances shall be to the best of your knowledge and belief, true and accurate, and not misleading in any manner.

24. ASSIGNMENT

You must not assign your rights under any Agreement or these Terms without prior written consent of Dinosaur Designs.

25. DEFINITIONS AND INTERPRETATION

In these Terms:

  • Agreement means, as the context permits, an agreement for the sale of Products and related services to you by A.MCGUIGANarising from the acceptance of an Order by Dinosaur Designs.
  • Claim means any claim, action, proceeding or demand made, however arising and whether present or future, fixed or unascertained, actual or contingent;
  • Government Agency means any entity, body or person or government agency or authority with the authority to administer of any law;
  • Loss means a damage, loss, cost, expense or liability incurred or suffered, however arising and whether present or future, fixed or unascertained, actual or contingent.
  • Non Excludable Term means in relation to any part of these Terms, that by the application of any legislation applicable to the sale of goods or supply of services, may not:
  • be excluded, restricted or modified; or
  • otherwise applied in a way that has the effect of causing them to be excluded, restricted or modified.
  • Obvious Error means any matter, fact or thing which is obviously wrong, incorrect and of such a nature that no reasonable person in the position of A.MCGUIGANwould have proceeded with any transaction on the basis of same.
  • Order means the order submitted by you to A.MCGUIGANvia the Website to purchase Products from K.A.MCGUIGAN.
  • Order Confirmation means the advice to you whereby A.MCGUIGANacknowledges to you, it has accepted an Order by you.
  • Product and Products means any products or goods sold to you by A.MCGUIGAN, from time to time and as contemplated by any Order made by you in respect of the same.
  • Your Information means relevant information and other personal information about you, including but not limited to your full name, date of birth, residential address, and your interactions with A.MCGUIGAN(such as Agreements), your credit card and related banking payment details, copies of personal identification documents that prove your identity or information about you that is publicly available, for example from public registers or social media.
  • we, our, or us means A.MCGUIGAN.
  • Website and the Website means the website that is operated and maintained by A.MCGUIGANin respect of the sale of Products to consumers and in respect of which Accounts are opened by you and/or Orders are facilitated and transacted.
  • In these Terms:
  • Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms;
  • Words imparting the singular shall include the plural and vice versa;
  • Words imparting a gender shall include every gender;
  • Words referring to persons include natural persons, corporations and any other entity recognised by law.

 

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Please submit any questions you have about these terms and conditions or an order you have placed or ordering in general by email to info@katieannmcguigan.com [by telephone on +44 (0)7595895690 between the hours of 9am to 5pm, Monday to Friday] or write to us at:

K.A.MCGUIGAN LTD
Studio One
Winsor &Newton Building
Whitefriars Ave
London
HA3 5RN
United Kingdom

info@katieannmcguigan.com