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Effective Date: 16th November 2018

Acceptance of Terms of Use

The following terms form a binding agreement between you (“you”, “the user”) and the operator of this website which is Balkanphila Limited of 320 Blackhorse Lane, London, E17 5QH

Please take the time to carefully review these terms.

The permission granted to you to use this website (“Site”) is conditional upon you complying at all times with these terms, our Privacy Policy, and any additional terms associated to our Site (“Terms of Use”).

By accessing and using the Site including any feature, function, content or service provided on or through the Site (“Service”), you, and any person, company or other entity on whose behalf you are accessing our Site and Services, agree to our Terms of Use regardless of whether or not you choose to register with us.

Modifications

We may revise these Terms of Use at any time by amending this web page.

These terms should be checked regularly for changes, and your continued use of the Site and our Service after the effective date of any such changes constitutes your continued acceptance of our Terms of Use as amended from time to time, but no changes will be retroactive. If you do not agree with our Terms of Use, please immediately discontinue the use of our Site and do not use any of our Services.

We also reserve the right to modify or discontinue any aspect or feature of this Site or our Services including access to or use of this Site. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Site.

Privacy and Cookie Policies

We process information about you in accordance with our Privacy Policy. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate. We use cookies in accordance with our Cookie Policy. Both these policies are incorporated into and form part of our Terms of Use.

Site Ownership

All content, information, functions, and infrastructure used or provided on or through our Site is proprietary to us, licensors, and any other third party contributors or partners. By accepting our Terms of Use you agree not to copy, distribute, transmit, modify, display, reproduce, perform, publish, license, transfer, create any similar or derivative works from, or sell or re-sell any information, software, Services or products obtained from or through our Site.

Site Availability

We grant you access to and the use of the Site on a temporary basis only and we retain the right in our sole discretion to deny access to the Site and/or use of any Service to anyone on any account for any reason and at any time. You agree that we shall not be liable for any termination of your use of or access to the Site.

We do not guarantee continuous or secure access to our Services, and the operation of our Site may be subject to interference by numerous factors outside of our control. We will endeavour to maintain an uninterrupted and error free service, but we cannot guarantee this and we do not give any promise or warranty, whether express or implied, about the availability of our Site or any of our Services.

We are not responsible for any loss or damage caused by any interruption of access to or use of this Site due to faults or circumstances outside our control including but not limited to link failures, power difficulties, telephone outages, network overload, default or failure of a third party (including a public telecommunications operator), government actions, failure in the supply of a third party’s access line or any event of force majeure. If you wish to participate in any sale, auction or other transaction or activity on or through this Site we strongly recommend that you have arrangements in place that permit you to continue to participate in and complete that transaction or activity in the event of an interruption to your access to or use of our Site or any Service.

Site Information

We endeavour to keep the information and other content and materials on the Site up to date, but we do not guarantee that any information or other content on the Site is up to date, complete and accurate at any time and we reserve the right to amend any information or other content at any time without prior notice to you. We accept no liability or responsibility for any loss or damage which you may suffer or incur if you use or rely on any information, ideas, content or materials on this Site.

Information Transmitted Over the Internet

We try to ensure the security of all information transmitted through our Site; however, we have no control over the security of the internet or any networks you choose to use to access or communicate with our Site and we are not responsible for the security of any information that you may choose to communicate to us and our Site while it is being transmitted, and we are not responsible for any data that may be lost upon or during transmission.

Site Conduct and Rules

This Site is the private property of Balkanphila Limited and therefore all interactions with the Site must be lawful and in compliance with the Terms of Use. It is at our sole discretion to limit your privileges or terminate your account with our Site, if your conduct restricts or inhibits other users from using, accessing, or enjoying any part of our Site at any time.

Purchasing Policies

If you are a buyer, when purchasing an item on our Site, you agree that:

• You will have first read the complete item listing, including full description (if applicable) and the related terms of sale;
• You enter into a legally binding contract to purchase an item when you commit to buy an item and we have sent you a confirmatory email; and
• If we believe, in our sole discretion, that an error has been made in the pricing of an item, that transaction is not binding on you unless and until the item is sent to you as the buyer (whether or not you may have already paid for the item).

Prohibited Activities

You will not any carry out or assist, solicit or encourage any of the following activities to be carried out on or in relation to our Site:

• Access, or attempt to access, data that is not intended for you, such as, but not limited to, logging into an account or server, which you are not authorised to access;
• Scan, or attempt to scan, or test the security and/or configuration of our Site, including breaching security or authentication measures of our Site;
• Access, monitor or copy any content or information from the Site by any manual or automated process including by using any robot, spider, scraper or other means for any purpose;
• Violate, or attempt to violate, any restrictions in any robot exclusion headers on this Site or bypass or circumvent any other measures used to prevent or limit access to this Site;
• Take any action which, in our sole discretion, places excessive demand on our Services, or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other part of our infrastructure;
• Aggregate any information or other content from our Site, whether through the use of links or other technical means or physical records associated with purchases made through our Site, with material from any other site on a secondary site, or;
• Act in any way which is damaging or prejudicial to our name, reputation or goodwill, or that of any of our products or services, or that of any of our third parties.

You must not misuse our Site by knowingly 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.

Intellectual Property Rights

Our Site contains material which is protected by copyright, trademarked, or otherwise constitutes or contains proprietary content or information, including any and all text, software, photographs, images, video, graphics, music, sound and databases (“content”). All Site content is protected under applicable intellectual property laws. The selection, coordination, arrangement and enhancement of such content, as well as the original content itself is owned by us or is used by us with the permission of the relevant third party owner.

Copying, distributing, publishing or transmitting any Site content, including in a modified or derivative form, is strictly prohibited and a breach of these Terms of Use, and any such action is an infringement of intellectual property rights and may result in civil and/or criminal action and sanctions. Copying, redistribution, retransmission, publication or commercial exploitation of Site content is not permitted unless otherwise expressly permitted under applicable intellectual property laws which may not be contractually excluded. If we allow you to copy, redistribute or publish any Site content, you agree not to delete or modify any writer attribution, trademark legend or copyright notice. You do not acquire any ownership of or other title to or interest in any Site content which you may download. You may access and download Site content and store a copy on a temporary basis for the sole purpose of viewing the webpages of this Site, but the permanent storage, copying or re-distribution of these webpages is prohibited.

Balkanphila Limited owns the trademark Balkanphila.com.

Links

Links may appear on our Site to the websites of affiliated or non-affiliated parties. In either case, we do not endorse and we are not responsible for the content or accuracy of external websites that link to this Site or which are linked from it. If you access an external website through one of our links, you do so at your own risk.

Terms and Conditions for Online Sales

1. The submission of your order and its acceptance by us constitutes a contract of sale between you and Balkanphila Limited which includes an obligation on you to pay for the products you have ordered. When you place an order we will send you an email to confirm receipt of your order but we only accept your order and conclude the contract of sale when we dispatch the product to you and email a dispatch confirmation to you.
2. Your total price is inclusive of any VAT or delivery costs. That price is the price shown on the order page when you place your order. You will own a product we have delivered to you once you have paid for it in full.
3. We will endeavour to deliver the products you have ordered within our stated target delivery dates all of which are less than 30 days from order, but all orders are subject to availability and we reserve the right to cancel orders for any products which cease to be available for any reason.
4. Any stamps purchased from Balkanphila Limited under this contract benefit from our lifetime guarantee of authenticity. This means that we sell those goods on the basis that they are genuine originals and if they are proved not to be genuine originals of the stamps as we described them to you then you may return them to us at any time for a full refund of the original price paid. This lifetime guarantee of authenticity does not affect your statutory rights, but otherwise shall be the limit of our liability in respect of those goods.
5. If any of the goods have been certified as genuine by the Expert Committee of the Royal Philatelic Society, London, or Isfila or by the Expert Committee of BPA Expertising Ltd then you and we may both rely upon that certification and you shall not be entitled to claim against us for any error or omission in that certification.
6. You have a statutory right to cancel your purchase and get a refund without giving any reason at any time before delivery and within 14 days after the day on which you receive the goods, and your delivery will include a sales receipt which will include a notice of these cancellation rights.
   To exercise the right of withdrawal, you must inform us of your decision by an unequivocal statement (e.g. a letter sent by post or e-mail). Please use the contact details provided below to let us know. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of your right of withdrawal before the withdrawal period has expired.
   If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of any supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event within 14 days from the day on which we are informed about your decision to withdraw from this contract. 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.
   You must send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. This deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. 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.
7. We have a legal duty to supply goods to you that meet your consumer rights. You have additional statutory rights if your goods are not as described, not fit for purpose or not of satisfactory quality, and if you have any concerns that we have not met our legal obligations please contact us.
8. We may reduce your refund to reflect any reduction in the value of the goods if this has been caused by you, including your handling them in a way which would not be permitted in a shop. Where stamps are delivered to you in individual sealed transparencies please be aware that unsealing the transparency and handling the stamps in a manner which leaves any form of marking or trace may well substantially reduce the value of those stamps.
9. Product descriptions for the goods are set out on our website and/or in our catalogues. Any images of products in our catalogue or on our website are for illustrative purposes only. The shape, colour and size of the goods delivered may vary from the examples shown in the product catalogues or on our website and such variations do not constitute a product defect.
10. Where the goods include any publication or other literary or artistic work or any pictorial representation, image, graphics, or any other copyright material or content, all intellectual property rights in, to ad in in respect of those goods are fully reserved by us and you shall have no right to reproduce, sell, dispose of or commercially exploit any of those rights in any manner.
11. We may have the right to cancel your order before the goods are delivered to you for any reason including due to an event outside our control, or due to the unavailability of stock, limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the product. If this occurs, we will contact you to let you know and will refund the payments you have made for the goods.
12. We will not be liable to you, whether in contract, tort, (including negligence) or otherwise for any indirect or consequential loss or economic loss suffered by you as a result of any failure by us to comply with these terms and conditions. We do not exclude or limit in any way our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, or for any other liability which may not lawfully be excluded under applicable law. Subject to the foregoing, our aggregate liability to you for any loss or damage which you may suffer or incur arising out of or in connection with this sale contract shall in no event exceed the price paid by you for the products which are the subject of this sale contract.
13. The information that you provide to us will be used by us to process your order and for general administration, marketing, statistical and management purposes. To do this, we may pass your details to our group companies, marketplace sellers, and to third parties who perform functions on our behalf. You can request details of these third parties and/or obtain a copy of the information which we hold about you which is subject to the Data Protection Act 1998 (for which we may make a small charge) by contacting us as set out below. You are entitled to withdraw your consent given under this clause at any time unless the fulfilment of our contractual obligations requires the use of that data.
14. We may make changes to these terms and conditions of sale at any time. You will be subject to the terms and conditions in force at the time that you order products from us, so if you buy products regularly from us please carefully read these terms before placing each order.
15. Any provision of these terms which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be severed and shall not affect the validity or enforceability of any other provisions.
16. If you have any questions or complaints about your order or any products delivered to you please contact us by email at: balkanphila1@gmail.com
17. Should any dispute arising from the transaction not be resolved directly between you and Balkanphila, there are a number of government approved certified alternative dispute resolution service providers, including ProMediate (UK) Limited (www.promediate.co.uk); but we are not obliged to and do not agree to have our customers’ complaints handled by these providers
18. Your sale contract is governed by and construed in accordance with the laws of England and Wales, and in the event of a dispute the parties submit to the exclusive jurisdiction of the courts of England and Wales.

Disclaimer of Warranty

By accepting these Terms of Use, you expressly acknowledge, understand and agree that you access and use this Site at your own sole risk and that your use of the Site is on an “as is” basis and as and when available. All warranties, conditions and representations, express or implied, including but not limited to, title, non-infringement, merchantability, quality, and fitness for purpose are hereby disclaimed to the fullest extent permitted by applicable law.

Limitation of Liability

Neither we nor any of our subsidiaries, affiliates, employees, agents, third-party content providers or licensors, or any of their officers, directors, employees or agents, shall be liable for any indirect, consequential, special, incidental, or punitive losses or damages which may arise out of or in connection with the use of the Site or the use of or reliance upon any of its content.

Our total aggregate liability in respect of causes of action that arise, whether in tort (including negligence), breach of contract or otherwise out of or in connection with the use of the Site or the use of or reliance upon any of its content or other information shall not exceed £500 or if lower the amount which you paid to us during the six month period prior to bringing any claim against us, save to the extent that any person suffers death or personal injury as a result of our negligence, or such liability arises as a result of our fraudulent misrepresentation, or otherwise if and to the extent that any such liability may not be lawfully excluded or limited

Indemnity and Release

By accepting these Terms of Use, you indemnify us and our subsidiaries, affiliates and their respective agents, employees, officers and directors (“indemnified parties”) from and against any and all actions, proceedings, losses, damages, liabilities, obligations, costs, claims, charges and expenses suffered or incurred by any of the indemnified parties of whatsoever nature arising out of or in connection with your use of the Site in breach of these Terms of Use.

International Users

The Site is controlled, operated, and administered by us from our offices within the United Kingdom and we make no representation that any Site content is appropriate or available for use at any other location outside the United Kingdom, and access to the Site from territories where the contents or products or services available through the Site are illegal is prohibited. If you access the Site from a location outside the United Kingdom, you are responsible for compliance with all local laws.

General

No delay, omission or forbearance by us to exercise or enforce any right, power or remedy under the Terms of Use shall operate as a waiver thereof, and any single or partial exercise or enforcement thereof shall not preclude any other or further exercise or enforcement thereof or the exercise or enforcement of any other right, power or other remedy.

Section headings in the Terms of Use are used for convenience and are of no legal force or effect.

If at any time any provision of these Terms of Use is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms of Use or the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of these Terms of Use.

Each of our subsidiaries, affiliates, and any and all third party content providers and licensors shall have the right to assert and enforce any and all provisions of these Terms of Use directly and/or on its own behalf.

Choice of Law

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) and any dispute arising out of or in connection with any service or product that we make available on or through the Site shall be governed by and construed in accordance with the laws of England and Wales. The English courts will have exclusive jurisdiction over any dispute or claim arising out of or in connection with your use of the Site including these Terms of Use and their subject matter (including non-contractual disputes or claims).