TERMS AND CONDITIONS
A LAYERED PRODUCTION LLC DBA LAYERED PUBLICATIONS
Updated: January 1, 2022
DEFINITIONS
In this document the following words shall have the following meanings:
"Buyer" means the organization or person who buys Goods from A Layered Production LLC DBA Layered Publications.
"Goods" means the articles to be supplied to the Buyer A Layered Production LLC DBA Layered Publications;
"Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable.
"List Price" means the list of prices of the Goods maintained by A Layered Production LLC DBA Layered Publications as amended from time to time.
GENERAL
Nell’Marie, CEO and Owner of A Layered Production LLC DBA Layered Publications owns and operate https://www.alayeredproduction.comand https://www.layeredpublications.com. This document governs your relationship with https://www.alayeredproduction.com and https://www.layeredpublications.com.
All such rights reserved by https://www.alayeredproduction.com or https://www.layeredpublications.com and its licensors. You may not 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 website https://www.alayeredproduction.com or https://www.layeredpublications.com nor may you use any such content in connection with any business or commercial enterprise. You will be subject to legal action.
Access to and use of this website and the products and services available through this website collectively are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website may contain links to other websites (the "Linked Sites"), which are not operated by https://www.alayeredproduction.comand https://www.layeredpublications.com. https://www.alayeredproduction.comand https://www.layeredpublications.com has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
These Terms and Conditions shall apply to all contracts for the sale of Goods by A Layered Production LLC DBA Layered Publications to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by A Layered Production LLC DBA Layered Publications in writing.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by A Layered Production LLC DBA Layered Publications.
Our privacy policy, which sets out how we will use your information, can be found at https://www.alayeredproduction.com/privacy-policy . By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and https://alayeredproduction.com and https://www.layeredpublications.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
TERMS OF SALE
By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
PRICE AND PAYMENT
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
The price shall be in A Layered Production LLC DBA Layered Publications’ current List Price, or such other price as the parties may agree in writing. The price is exclusive of VAT (Valued Added Tax) or any other applicable costs such as delivery. Carriage shall be paid for by the BUYER OR A LAYERED PRODUCTION LLC DBA LAYERED PUBLICATIONS.
Payment of the price and VAT (Valued Added Tax) and any other applicable costs such as delivery costs shall be due same day as receipt of the invoice supplied by A Layered Production LLC DBA Layered Publications.
If payment of the price or any part thereof is not made by the due date, A Layered Production LLC DBA Layered Publications shall be entitled to:
require payment in advance of delivery in relation to any Goods not previously delivered.
refuse to make delivery of any undelivered Goods whether ordered under the contract or not and without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery.
Terminate the contract.
DESCRIPTION
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
SAMPLE
Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is so shown and inspected for the sole purpose of enabling the Buyer to judge for itself the quality of the bulk, and not so as to constitute a sale by sample.
DELIVERY
Unless agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on the date specified by A Layered Production LLC DBA Layered Publications. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
The date of delivery specified by A Layered Production LLC DBA Layered Publications is an estimate only. Time for delivery shall not be of the essence of the contract.
If A Layered Production LLC DBA Layered Publications is unable to deliver the Goods for reasons beyond its control, then A Layered Production LLC DBA Layered Publications shall be entitled to place the Goods in storage until such times as delivery may be affected and the Buyer shall be liable for any expense associated with such storage.
The Buyer shall be entitled to replacement Goods where the Goods have been damaged during transportation. The Buyer must notify A Layered Production LLC DBA Layered Publications of the damage within 24 hours of delivery.
RISK
Risk in the Goods shall pass to the Buyer at the moment the Goods are dispatched from A Layered Production LLC DBA Layered Publications’ premises. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
TITLE
Title in the Goods shall not pass to the Buyer until A Layered Production LLC DBA Layered Publications has been paid in full for the Goods.
WARRANTY
Where the Goods have been manufactured by A Layered Production LLC DBA Layered Publications and are found to be defective, A Layered Production LLC DBA Layered Publications shall repair, or in its sole discretion, replace defective Goods free of charge within 7 days from the date of delivery, subject to the following conditions:
the Buyer notifying A Layered Production LLC DBA Layered Publications in writing immediately upon the defect becoming apparent;
the defect being due to the faulty design, materials or workmanship of A Layered Production LLC DBA Layered Publications.
Any Goods replaced shall be returned to A Layered Production LLC DBA Layered Publications at the Buyer’s expense, if so requested by A Layered Production LLC DBA Layered Publications.
Where the Goods have been manufactured and supplied to A Layered Production LLC DBA Layered Publications by a third party, any warranty granted to A Layered Production LLC DBA Layered Publications in respect of the Goods shall be passed on to the Buyer.
A Layered Production LLC DBA Layered Publications shall be entitled in its absolute discretion to refund the price of the defective Goods in the event that such price has already been paid.
The remedies contained in this Clause are without prejudice to the other Terms and Conditions herein, including, but without limitation, Clauses 11 and 12 below.
LIABILITY
No liability of any nature shall be incurred or accepted by A Layered Production LLC DBA Layered Publications in respect of any representation made by A Layered Production LLC DBA Layered Publications, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:
The correspondence of the Goods with any description;
The quality of the Goods; or
The fitness of the Goods for any purpose whatsoever.
No liability of any nature shall be accepted by A Layered Production LLC DBA Layered Publications to the Buyer in respect of any express term of this contract where such term relates in any way to:
The correspondence of the Goods with any description;
The quality of the Goods; or
The fitness of the Goods for any purpose whatsoever.
All implied terms, conditions or warranties as to the correspondence of the Goods to any description or the satisfactory quality of the Goods or the fitness of the Goods for any purpose whatsoever (whether made known to A Layered Production LLC DBA Layered Publications or not) are hereby excluded from the contract.
LIMITATION OF LIABILITY
Where any court or arbitrator determines that any part of Clause 11 above is, for whatever reason, unenforceable, A Layered Production LLC DBA Layered Publications shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract price.
Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of A Layered Production LLC DBA Layered Publications for death or personal injury as a result of A Layered Production LLC DBA Layered Publications’ negligence or that of its employees or agents.
INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of A Layered Production LLC DBA Layered Publications, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in A Layered Production LLC DBA Layered Publications by the execution of appropriate instruments or the making of agreements with third parties.
The intellectual property rights in all content (including photographic images) made available to you on or through this website remains the property of https://www.alayeredproduction.com or https://www.layeredpublications.com or its licensors and are protected by copyright laws and treaties around the world.
All such rights reserved by https://www.alayeredproduction.com or https://www.layeredpublications.com and its licensors. You may not 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 website https://www.alayeredproduction.com or https://www.layeredpublications.com nor may you use any such content in connection with any business or commercial enterprise. You will be subject to legal action.
FORCE MAJEURE
A Layered Production LLC DBA Layered Publications shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and A Layered Production LLC DBA Layered Publications shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as A Layered Production LLC DBA Layered Publications considers unreasonable, it may, without liability on its part, terminate the contract.
RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
ASSIGNMENT AND SUB-CONTRACTING
The contract between the Buyer and A Layered Production LLC DBA Layered Publications for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of A Layered Production LLC DBA Layered Publications.
When the buyer places an order, they will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between the buyer and A Layered Production DBA Layered Publications will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
WAIVER
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
SEVERABILITY
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of United States of America and the parties hereby submit to the exclusive jurisdiction of the American courts.
LINKING TO THIS WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third-party copyright. Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with https://www.alayeredproduction.com or https://www.layeredpublications.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to https://www.alayeredproduction.com or https://www.layeredpublications.com .
INDEMNITY
You agree to indemnify, defend and hold harmless https://www.alayeredproduction.com or https://www.layeredpublications.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
VARIATION
https://www.alayeredproduction.com or https://www.layeredpublications.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
INVALIDITY
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
COMPLAINTS
We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments
ENTIRE AGREEMENT
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and https://www.alayeredproduction.com or https://www.layeredpublications.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a director of https://www.alayeredproduction.com or https://www.layeredpublications.com.
Nell’Marie,
A Layered Production LLC, Owner and CEO