- 1 Your attention is
drawn to the definitions of certain words and expressions used in
these Conditions of Sale which are contained in Condition 11. These
Conditions shall be interpreted in accordance with that
Condition.
- 2 Any order placed by
you for an Issue or a Subscription advertised on the Site
shall be deemed to be an offer by you to purchase the Issue or
Subscription pursuant to these Conditions; not as the acceptance by
you of an offer for sale and/or supply made by
Hachette.
- 3 Basis of the
Sale
- 3.1 By placing an
order for an Issue or Subscription you shall be deemed to accept
these Conditions and any specific conditions applicable to the
relevant Partwork set out elsewhere on this Site.
- 3.2 These Conditions,
together with any other terms set out elsewhere on this Site, shall
govern and be incorporated in every Contract for the sale of
Partworks entered into between Hachette and you.
- 4 Orders
- 4.1 Orders can be
either for Issues or Subscriptions as available on the Site. You
can manage your orders through the Site.
- 4.2 No order
submitted by you shall be deemed to be accepted by Hachette unless
and until (i) it has been acknowledged by Hachette in writing and
(ii) Hachette has undertaken credit and availability checks.l.We
will process your order, and a contract is made, only when these
checks are completed satisfactorily and we dispatch the products to
you.
- 4.3 Orders will not
be accepted from under-18s except with a parent's or guardian's
authorization.
- 4.4 In relation to
Subscriptions, the number of issues of the Partwork to be supplied
shall be the number set out in the terms and conditions of the
Partwork. On occasion, we may decide to extend the life of a
popular Partwork. If so, we will contact you to offer the
additional issues to you but you will not be bound to take the
additional issues unless you confirm you wish to do
so.
- 4.5 You are free to
cancel a Subscription at any time by using the facilities available
on the Site or simply by Writing to us, giving us 28 days notice.
All the free received gifts are yours to keep. You will not owe any
money for any issues not yet delivered as at the cancellation
date.
- 4.6 If you decide for
whatever reason not to keep a received issue, you must (unless
condition 4.7 applies) send it back within 7 working days from the
date you receive it to the following address:
Hachette Partworks
PO Box 77
Jarrow
NE32 3YJ
If you keep an issue for more than
working 7 working days from the date that you receive it then you
shall be deemed to have accepted that issue and you must promptly
pay the invoice for that issue.
You may not return goods which have
been opened and which are not in their original condition unless
the contract under which those goods were supplied gives rise to a
right to cancel under the Distance Selling Regulations. There is no
right to cancel under these Regulations, for example, when the
goods supplied are audio or video recordings (including DVDs) or
computer software if they are unsealed by you or when the goods are
newspapers, periodicals or magazines. If you are cancelling under
the Distance Selling Regulations, and we do not receive the
cancelled goods back, we may arrange to have them collected at your
cost. We reserve the right to charge you for any goods returned
which are not in their original condition.
- 4.7 You are
responsible for all uses of your account. It is therefore important
for you to protect against unauthorised access to your account and
to your computer. Please ensure that you have signed off when you
stop using a shared computer.
- 5 Prices for the
Partworks
- 5.1 The price for an
Issue or Subscription shall be the price displayed on the terms and
conditions of each Partwork presented on the Site.
- 5.2 All prices
displayed on the Site are inclusive of charges for packaging and
delivery within the UK and Republic of Ireland, and any applicable
value added tax and any other sales taxes.
- 6 Terms of
Payment
- 6.1 Unless specified
otherwise, you only pay at reception of the dispatch.
- 6.2 You can pay by
any of the methods set out on the Site.
- 6.3 For
Subscriptions, Hachette will retain payment details to facilitate
payment when monies are due. We reserve the right to contact you to
request an alternative method of payment if our records indicate
that the card chosen is about to expire during the continuance of
the subscription. For one-off purchases of Issues, Hachette does
not keep any payment details after the monies have been
received.
- 6.4 All dispatched
products remain the property of Hachette until payment is received.
Remittance will not be considered as a payment until the funds are
cleared in Hachette's or its agent's bank account. Until full
payment is received, Hachette can request the product is returned
but at the client's cost.
- 7.5 Delivery
- 7.1 Hachette shall
endeavor to deliver the Partwork issues promptly and at the
frequency specified in the product terms and conditions. Partwork
issues shall be using Royal Mail Service. However, Hachette shall
not be liable for any delay in delivery howsoever
caused.
- 7.2 If Hachette fails
to deliver the first Partwork issue within 28 days of acceptance of
your order for any reason other than your fault or any cause beyond
Hachette's reasonable control, you shall be entitled at any time
thereafter up until actual delivery of the first Partwork issue to
cancel the order for the Issue or (as appropriate) your
Subscription.
- 8 Liability
- 8.1 If you notify
Hachette (in accordance with Condition 10.2) of any valid claim in
respect of any Partwork issue which is based on any defect in the
quality or condition of such issue or any product supplied with it,
Hachette shall at your option either replace the relevant Partwork
issue or product free of charge or refund the issue.
- 8.2 Should Hachette
be unable to supply you with issues of a Partwork due to
circumstances beyond its control, Hachette will notify you of such
circumstances and if those circumstances continue for a period of 3
months either you or Hachette may terminate the order for the Issue
or (as appropriate) the Subscription immediately. Any advance
payments made by you for Partwork issues not delivered by the date
of termination shall be refunded.
- 8.3 Hachette will not
be responsible for any loss of profits, revenue, contracts,
anticipated savings, data, goodwill or wasted expenditure or any
other indirect or consequential loss or business
loses.
- 8.4 Hachette limits
its liability regarding use of its website in the Website Copyright and Liability Notice.
- 8.5 Nothing in these
Conditions will reduce your statutory rights relating to faulty or
misdescribed goods.
- 9 Termination
- 9.1 Hachette may
terminate any Subscription forthwith by written notice if you are
in breach of any of your obligations in these Conditions including
to pay for the Subscription.
- 10General
- 10.1 By operating
this Site and posting to it details of Partworks, Hachette does not
make any offer to sell or supply those or any other Partworks and
does not represent that:
- 10.2 It is willing to
supply all persons who place, or attempt to place, an order for an
Issue or a Subscription; or that it has in stock and available for
supply all or any of the Partworks described or referred to in the
Site.
- 10.3 Any notice
required or permitted to be given either by you to Hachette or by
Hachette to you under these Conditions shall be in Writing. A
notice addressed to Hachette shall be sent to its Customer Centre
as shown on the "Contact Us" page on the Site. Any notice to be
sent to you shall be sent to the address for delivery of the
Partworks specified in your order.
- 10.4 Hachette will
try and solve any disagreements quickly and
efficiently..
- 11
Interpretation
"Conditions" means the standard
terms and conditions of sale set out on the page of the Site headed
"Website Terms and Conditions of Sale" on the date on which the
Contract is made;
"Contract" means a contract made on
these Conditions for the purchase of an Issue or for a
Subscription;
"Issue" means a single issue of one
of the Partworks, as described on the Site, which Hachette will
supply in accordance with these Conditions.
"Subscription means a subscription
to one of the Partworks, as described on the Site, which Hachette
will supply in accordance with these Conditions;
"Hachette" means Hachette Partworks
Limited about whom additional information is set out on the
"Contact Us" page of the Site;
"Partworks" means the various
periodicals published by Hachette as described on the
Site;
"Site" means the Internet site with
the home page address www.hachettepartworks.co.uk;
"Writing" includes fax, e-mail and
comparable means of communication.