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Please read through
the following Terms and Conditions of Sale and Purchase ("Terms")
carefully. They comprise the terms on which you are permitted to purchase
items from Books on Demand, a division of Penguin Books Limited ("us",
also referred to here as "we") on this website (the "Website").
If you submit an order for any item advertised for sale on this Website,
this shall be taken to constitute acceptance by you of these Terms:
FORMATION OF CONTRACT
OF SALE
- If you wish to
purchase any of the items for sale on this Website, you must submit
a completed order form. Your order will not be accepted unless you place
us in a position of being able to receive full payment for your order
at the time we accept it. If we agree to accept your order, we will
confirm this by email (the "Confirmation") and will supply
the items you have ordered (the "Product") to you in accordance
with the Confirmation and with these Terms.
- The sale and purchase
of Products via this Website will be governed by a contract between
you and us formed when you have placed an order, your order has been
accepted by us and we have sent you Confirmation of this (the "Contract").
The terms of the Contract will comprise these Terms, as amended or updated
by us from time to time, and the prices (subject to clause 9 hereof)
and other relevant information about the Products published by us on
this Website at the time the Contract is formed.
- We reserve the
right to change these Terms at our discretion. We agree to ensure that
a note of the date and clause number of any such changes will be included
as part of these Terms. Any changes will be posted to the Website and
it is your responsibility to ensure, from time to time, that you are
aware of any such changes. Changes will become effective 24 hours after
first posting and you will be deemed to have accepted any change if
you continue to shop on the Website after that time.
- You acknowledge
and agree that, in entering into a Contract, you do not rely on and
have no remedy in respect of, any statement, representation, warranty
or understanding (whether negligently or innocently made) of any person
(whether party to the Contract or not) which is not expressly set out
or referred to in the Contract. This is not intended to limit or exclude
liability for fraud on our part.
ORDERS AND QUOTES
- You acknowledge
that:
- all information
and specifications relating to the Products and any material produced
by us are approximate only; and
- the colour
of the items on this Website may vary from the Products supplied
to you under any Contract.
- We may correct
any error in any unconfirmed order, sales literature or other document
or information issued by us or placed on this Website without any liability.
- We may make any
changes in the specification of the Products to conform with any applicable
safety or other statutory or European Union requirements which do not
materially affect their quality or performance.
RIGHT OF WITHDRAWAL
- Where you purchase
Products from this Website for personal use and not for resale:
- You have the
right to withdraw from any Contract from the date on which we send
you our Confirmation until 7 working days after the day you receive
your order by giving us written notice of withdrawal by email, fax
or post.
- You will be
responsible for and will pay the cost of returning the Products
to us by the same method as they were delivered. The Products will
be returned at your risk.
- The only circumstances
in which you cannot withdraw the order are where the Products that
you wish to return are audio, video or computer software products
that have been removed from the sealed package in which they were
delivered.
- We will credit
your credit or debit card as appropriate for the price of the Products
as set out below, provided that the Products are returned to us
in the condition they were in when delivered to you.
PRICE
- The price of each
Product shall be the recommended retail price for that Product (disregarding
any special offers, promotions or other discounts) that is quoted on
this Website on the date you place your order, subject to any inadvertent
pricing errors (whether technical or otherwise) by us.
- The price of any
Product excludes the cost of postage, packaging and delivery. The costs
of postage and packaging, if any, will be specified on this Website
and are your responsibility. The cost of delivery to the delivery address
you specify in your order form and we acknowledge in our Confirmation
(the "Premises") will be your responsibility. The method of
delivery and packaging applicable will be those quoted on this Website
on the date of the order.
- The price of the
Products is inclusive of any applicable Value Added Tax.
- We reserve the
right to revise the price of any items on this Website without notice.
We also reserve the right to refuse to supply to you, whether you are
an individual or company, for whatever reason.
PAYMENT TERMS
- Payments shall
be made by credit card or debit card on the date on which we accept
your order.
- The credit cards
and debit cards that we will accept are those listed on this Website
on the date on which we accept your order.
DELIVERY
- The time and method
for delivery will be at our discretion. The place of delivery will be
the Premises. Time for delivery shall not be of the essence.
- If you do not take
delivery of the Products or give us adequate delivery instructions then
we may store the Products until actual delivery and charge you for the
reasonable costs (including insurance) of storage.
- If the Products
delivered to you do not include all of the Products that you ordered
in any particular order or include incorrect Products, you must inform
us in writing, or via the telephone, within 28 working days from the
date of delivery. If you do not, we will not be responsible for any
loss or damage suffered by you as a result. In any event, our liability
is limited to the price of the Products not delivered or the cost of
replacing such Products.
RISK AND OWNERSHIP
- Risk of damage
or loss of the Products shall pass to you on delivery or, if you fail
to take delivery of the Products, at the time when we have tried to
deliver the Products.
- Title in the Products
shall pass to you on delivery or, if you fail to take delivery of the
Products, at the time when we tried to deliver the Products to you.
INTELLECTUAL PROPERTY
- All intellectual
property and other proprietary rights (including, but not limited to,
brand names, product names, copyright and trade marks) and all technical,
business or similar information (including, but not limited to, all
designs, documents and other materials relating to the Products) used
in the Products (together "the Intellectual Property") are
and shall remain the property of us or of our licensors.
- Other than as stated
in Clause 24 below, we do not grant permission for the use of the Intellectual
Property and such use may constitute an infringement of the holder's
rights.
- All Website design,
text and graphics appearing on this Website and the selection or arrangement
thereof are the copyright of us or of our licensors. Permission is granted
to print once in hard copy portions of this Website for the sole purpose
of placing an order with or using this Website as a shopping resource.
Any other use of materials on this Website (including reproduction for
purposes other than those noted above and modification, distribution,
or republication in any form or media) without our prior written permission
is strictly prohibited.
- We are the owner
of the Puffin and Penguin trademarks and get-up. Any other trademark
materials, including, but not limited to, product names and company
names or logos cited herein are the property of their respective owners.
RETURNS LIABILITY
- If you are unhappy
with any Product you purchase on this Website for any reason, please
contact our Customer Service Representatives on 0500 807981 to discuss
the details of your query.
- We shall not be
liable in respect of any defect in the Products arising from fair wear
and tear, neglect, failure to follow our instructions, misuse or improper
alteration or repair of the Products.
- Nothing in these
terms and conditions shall exclude or limit our liability arising by
virtue of the Consumer Protection Act 1987, or our liability for fraud
or for death or personal injury caused by our negligence, or any other
liability to the extent that we cannot so exclude or limit such liability
as a matter of law.
- Where the Products
are sold under a "consumer transaction" (as defined by the
Consumer Transactions (Restrictions on Statements) Order 1976), your
statutory rights are not affected by this clause.
- Save as expressly
provided in these Conditions, and except where the Products are sold
to a person dealing as a consumer (within the meaning of the Unfair
Contract Terms Act 1977), all warranties conditions terms and liabilities
express or implied by statute or common law are excluded to the fullest
extent permitted by law and we will not be liable to you for any loss
of any kind whatsoever which arises out of the breach of implied warranties
or conditions or breach of any other duty of any kind imposed on us
by operation of law.
- We will not be
liable for any of the following losses which may arise by reason of
any breach of a Contract or any implied warranty, condition or other
term, any representation or any duty of any kind imposed on us by operation
of law:
- any loss of anticipated
profits or expected future business;
- damage to reputation
or goodwill;
- any damages costs
or expenses payable by you to any third party;
- loss of any order
or contract; or
- any loss that
was not forseeable by you and Penguin at the time our Contract was
formed;
- any loss not
caused by any breach on the part of Penguin.
- Without prejudice
to any other provision of these Terms, we will not be in breach of the
Contract for any delay in performing, or failure to perform, our obligations
under it if that delay or failure was due to any cause or circumstance
beyond our reasonable control. This clause does not affect your statutory
rights.
- We are providing
the Website on an "as is" basis and we make no representations
or warranties of any kind with respect to the Website or its contents
and disclaim all such representations and warranties.
WITHDRAWAL AND
USE OF PRODUCTS
- We may withdraw
any Products that we produce by or generally supply from the market
without prior notice, or liability, to you.
- If we provide you
with information about the use for which the Products are designed and
about any conditions necessary to ensure that the Products will be safe,
then you must use the Products accordingly.
GENERAL
- Any notice required
under these Terms must be in writing. In our case it must be addressed
to our registered office or principal place of business or any other
address that we notify to you from time to time whether on the Website
or otherwise. Any notices to you will be sent to your usual billing
address. Any notice shall be deemed to be served:
- if sent by
pre-paid first class post to the party to whom it is given, on the
second working day after posting; or
- if sent by
pre-paid air-mail post to the party to whom it is given, on the
seventh working day after posting; or
- if sent by
fax to the recipient's fax number at the date and time given on
the sender's transmission acknowledgement slip or (in the case of
manifest error or loss of the slip) on receipt.
- If any of these
Terms is held by any competent authority to be unlawful, invalid or
unenforceable in whole or in part then the validity of the other provisions
of these Terms and the remainder of the provision in question shall
not be affected and shall continue to be valid and enforceable to the
fullest extent permitted by law.
- Each Contract shall
be governed by English law and the parties submit to the exclusive jurisdiction
of the English Courts if there are any disputes between them of any
kind.
- Failure or neglect
by either party to enforce at any time any of these Terms shall not
be a waiver of that party's rights and it shall not affect the validity
of the whole or any part of these Terms or the Contract or prejudice
that party's right to take subsequent action.
- Nothing in these
Terms is intended to confer on any third party any benefit or any right
to enforce any of these Terms.
©
1995 - 2002 PENGUIN BOOKS LTD, 80 Strand, London, WC2R 0RL
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