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Conditions of Use & Sale
About us
Navigator Productions Ltd is a private limited company registered in the UK (Company Registration Number: 2888362). We trade under two additional names learninglounge and electrical.direct
For brevity, Navigator Productions Ltd shall henceforth be referred to as Navigator within this Conditions of Use and Sale Notice.
Our *websites
www.navigatorproductions.com
www.navigatorproductions.co.uk
www.learninglounge.com
www.learninglounge.co.uk
www.electrical.direct
Navigator provide website features and other products and services to you when you visit or shop at our *websites, (collectively "Navigator Services"). Navigator provides the Navigator Services and sells our products to you subject to the conditions set out in this notice.
Conditions of Use
Please read these conditions carefully before using Navigator Services. By using Navigator Services, you signify your agreement to be bound by these conditions. We offer a wide range of Navigator Services, and sometimes additional terms may apply. When you use a Navigator Service (for example learninglounge.com e-learning), you will also be subject to the terms, guidelines and conditions applicable to that Navigator Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
1. PRIVACY
Please review our Privacy Notice, to understand our practices.
2. ELECTRONIC COMMUNICATIONS
When you use any Navigator Service or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on the website in question or through the other Navigator Services. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
3. COPYRIGHT, AUTHORS' RIGHTS AND DATABASE RIGHTS
All content included in or made available through any Navigator Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Navigator or its content suppliers and is protected by UK and international copyright, authors' rights and database right laws. The compilation of all content included in or made available through any Navigator Service is the exclusive property of Navigator and is protected by UK and international copyright and database right laws.
You may not extract and/or re-utilise parts of the content of any Navigator Service without our express written consent. 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 re-utilisation any substantial parts of the content of any Navigator Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Navigator Service (e.g. our prices and product listings) without our express written consent.
4. TRADEMARKS
In addition graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Navigator Service are trademarks or trade dress of Navigator. Navigator’s trademarks and trade dress may not be used in connection with any product or service that is not Navigator's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Navigator. All other trademarks not owned by Navigator that appear in any Navigator Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Navigator.
5. LICENCE AND ACCESS
Subject to your compliance with these Conditions of Use and applicable Service Terms and your payment of any applicable fees, Navigator or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Navigator Services. This licence does not include any resale or commercial use of any Navigator Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Navigator Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Navigator or its licensors, suppliers, publishers, rights holders, or other content providers. No Navigator Service, nor any part of any Navigator Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Navigator without our express written consent. You may not use any meta tags or any other "hidden text" utilising Navigator's names or trademarks without our express written consent.
You may not misuse the Navigator Services. You may use the Navigator Services only as permitted by law. The licences granted by Navigator terminate if you do not comply with these Conditions of Use or any Service Terms.
6. YOUR ACCOUNT
If you use any Navigator Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided.
You must not use any Navigator Service: (i) in any way that causes, or is likely to cause, any Navigator Service, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.
We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Conditions of Use or any other applicable terms and conditions, guidelines or policies.
7. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Visitors may post reviews, comments and other content; send e-mails and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not, in the absence of a valid Report Form, the obligation) to remove or edit such content. If you believe that any content on or advertised for sale on any Navigator Service contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on any Navigator Service, please notify us by completing and submitting the appropriate Report Form and/or contacting us at the address detailed herein.
If you post content or submit material, you represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Navigator for all claims brought by a third party against Navigator arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content arising out of or on the grounds of, or originating from the content that you have reported to us.
8. INTELLECTUAL PROPERTY CLAIMS
Navigator respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please contact us at the address below.
9. OUR LIABILITY
We will do our utmost to ensure that availability of the Navigator Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to Navigator Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
Navigator will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Navigator Services.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.
10. APPLICABLE LAW
These conditions are governed by and construed in accordance with UK law, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the courts of the UK, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Use in the UK or in the EU country in which you live.
11. ALTERATIONS TO SERVICE OR AMENDMENTS TO THE CONDITIONS OF USE
We reserve the right to make changes to any Navigator Services, policies, terms and conditions including these Conditions of Use, and Service Terms at any time. You will be subject to the terms and conditions, policies and Conditions of Use in force at the time that you use the Navigator Services. If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
12. WAIVER
If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
13. CHILDREN
We do not sell products for purchase by children. If you are under 18 you may use the Navigator Services only with the involvement of a parent or guardian.
14. OUR CONTACT DETAILS
Navigator Productions Ltd
Unit L4 Temple Court
Knights Park Ind Est
Strood
Rochester
Kent
ME22LS
15. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHT INFRINGEMENTS
If you believe that your rights are being infringed, you may contact us at the address herein.
16. NOTICE AND PROCEDURE FOR NOTIFYING NAVIGATOR OF DEFAMATORY CONTENT
Because millions of products are listed and many thousands of customer reviews and comments are hosted on Navigator it is not possible for us to be aware of the contents of each product listed for sale, or each customer review or comment that is displayed. Accordingly, we operate on a "report and action" basis. If you believe that any content on, or within a product advertised for sale on any Navigator website contains a defamatory statement, please notify Navigator immediately by completing and submitting a report. Please email your report to defamation-report@navigatorproductions.com or, alternatively, send it by post to:
Defamation Report
Navigator Productions Ltd
Unit L4 Temple Court
Knights Park Ind Est
Strood
Rochester
Kent
ME22LS
Important Warning: giving false, misleading or inaccurate information in the report to Navigator of Defamatory Content on a Navigator website may result in civil and criminal liability.
Conditions of Sale
These Conditions of Sale govern the sale of products by Navigator to you. We offer a wide range of Navigator Services, and sometimes additional terms may apply. When you use a Navigator Service (for example learninglounge.com e-learning), you will also be subject to the terms, guidelines and conditions applicable to that Navigator Service ("Service Terms"). If these Conditions of Sale are inconsistent with the Service Terms, those Service Terms will control.
Please read these conditions carefully before placing an order with Navigator. By placing an order with Navigator, you signify your agreement to be bound by these conditions.
1. OUR CONTRACT
Your order is an offer to Navigator to buy the product(s) in your order. When you place an order to purchase a product from Navigator, we will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail confirmation to you that we've dispatched the product to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation E-mail. Your contract is with Navigator. Without affecting your right of cancellation set out in section 2 below, you can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product. This right to cancel does not apply to certain categories of products and services, including digital products or software which are not supplied in a physical format (e.g. on a CD or DVD), once download or use (whichever is earlier) has begun.
You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the My Account area of the web site. For each delivery, we will inform you in our Dispatch Confirmation E-mail if an electronic invoice is available.
Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.
2. RIGHT OF CANCELLATION UP TO 14 DAYS AND EXCEPTIONS TO CANCELLATION
STATUTORY RIGHT
Unless one of the exceptions listed below applies, you can cancel your order without giving any reason within 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the goods purchased (or last good, lot or piece if it relates to goods or multiple lots or pieces delivered separately) or from the day of the conclusion of the contract, in the case of services or digital content not supplied in a tangible medium (e.g. CD or DVD).
You must inform us (Navigator) of your decision to cancel your order. You may submit your request by contacting us, at the address detailed herein.
EFFECTS OF CANCELLATION
We will reimburse all payments received from you for the goods purchased and will also reimburse delivery charges for the least expensive applicable type of delivery offered by us, no later than 14 days from the day on which we received the above communication. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. If reimbursement occurs after the maximum time period mentioned above, the amount due to you will as of right be increased.
Note that you must send back the goods no later than 14 days from the day on which us you communicate your cancellation. You will have to bear the direct cost of returning these goods. You may be liable if the value of the goods returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).
EXCEPTIONS TO THE RIGHT OF CANCELLATION
The right of cancellation does not apply to:
- the delivery of sealed audio or video recordings or of sealed software if unsealed by you after delivery
- a service if Navigator has fully performed it and you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started
- the supply of digital content (including apps, digital software, ebooks, MP3, etc) which is not supplied on a tangible medium (e.g. on a CD or DVD) if you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started
3. PRICING AND AVAILABILITY
All prices are inclusive of legally applicable VAT.
We list availability information for products sold by us on the website in question including on each product information page. Beyond what we say on that page or otherwise on the website in question, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.
Please note that unless otherwise stated on the website in question, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.
Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product's correct price is higher than the price on the website in question, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product.
4. PRODUCT INFORMATION
Unless expressly indicated otherwise, Navigator is not the manufacturer of the products sold on via Navigator Services websites. While we work to ensure that product information on our websites is correct, actual product packaging and materials may contain more and different information to that displayed on our website in question. Ingredients may also change. All information about the products on our websites is provided for information purposes only. We recommend that you do not rely solely on the information presented on our websites. Please always read labels, warnings and directions provided with the product before use.
5. CUSTOMS
When ordering products from Navigator for delivery outside of the EU you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Navigator, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
7. OUR LIABILITY
Navigator and its affiliates will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, we will not charge you for the products until they are dispatched and you may cancel your order at any time prior to dispatch.
8. APPLICABLE LAW
These conditions are governed by and construed in accordance with UK law, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the courts of the UK, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Use in the UK or in the EU country in which you live.
9. AMENDMENTS TO THE CONDITIONS OF SALE
We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
10. WAIVER
If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.
11. CHILDREN
We do not sell products for purchase by children. If you are under 18 you may only use our *websites with the involvement of a parent or guardian.
12. OUR CONTACT DETAILS
Navigator Productions Ltd
Unit L4 Temple Court
Knights Park Ind Est
Strood
Rochester
Kent
ME22LS