Terms and Conditions of Sale and Purchase
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 Penguin Books Ltd ("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
1. 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. At
this time, we can only accept orders for a single copy of
an eBook at one time.
2. 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”).Please
note, as soon as we confirm your order, it will enter our
electronic system and we will be unable to prevent it being
dispatched to you 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.
3. 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.
4. 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
5. You acknowledge that:
(a) all information and specifications
relating to the Products and any material produced by us are
approximate only; and
(b) the colour of the items on this Website
may vary from the Products supplied to you under any Contract.
6. 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.
7. 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
8. Where you purchase
Products from this Website for personal use and not for resale:
(a) 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.
(b) 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.
(c) 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 or are eBooks which cannot, by reason of their
nature, be returned.
(d) 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
9. 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.
10. The price of any
Product (other than eBooks) excludes the cost of postage,
packaging and delivery. The costs of postage and packaging
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 delivery address
for an eBook will be the installed reader on your computer
and there will be no charge for postage, packaging or delivery.
11. The price of the
Products is inclusive of any applicable Value Added Tax, other
than eBooks and audiobooks, where the price and Value Added
Tax are stated separately.
12. 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
13. Payments shall be
made by credit card or debit card on the date on which we
accept your order.
14. 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
15. The time and method
for delivery will be at our discretion. The place of delivery
will be the Premises (which in the case of eBooks will be
the installed reader on your computer). Time for delivery
shall not be of the essence.
16. 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.
In the case of eBooks, you may download your purchase four
(4) times in the case of Adobe ebooks and twenty (20) for
Microsoft Reader and Palm Reader titles. After this point
you will not be able to download your ebook and no refund
will be provided.
17. 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 within 14 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
18. 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.
19. Title in the Products
(other than eBooks) 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
20. 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.
21. Other than as stated
in Clauses 22 and 23 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.
22. 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.
23. In the case of eBooks,
permission is granted to download a single copy of an eBook
to the installed reader on your computer for use by a single
user of that computer at any time, provided that:
(a) the eBook is not distributed or transmitted
over any network or communication line
(b) the eBook is used for personal entertainment
only;
(c) the eBook is not copied or modified
in any way;
(d) you do not remove any copyright or
other proprietary notices contained in the eBook.
This permission granted to you may not
be transferred to a third party, nor may you sublicense any
of your rights under it.
This permission is effective until terminated.
You can terminate it at any time by destroying the eBook.
It will also terminate automatically if you fail to comply
with any part of this Clause 23. You agree to delete the eBook
immediately on any such termination.
24. We are the owner of the Penguin Books
Ltd 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
25. If you are unhappy
with any Product you purchase on this Website for any reason
(other than any eBook, which cannot, by reason of its nature,
be returned), you may return it to us in its original condition
within 14 working days and we will provide a full refund.
If the reason for the return is the result of our error, or
if the item was damaged before it reached you, we will also
refund the postage costs.
26. 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.
27. Nothing in these
Terms 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.
28. 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 these
Terms.
29. Save as expressly
provided in these Terms, and except where the Products are
sold to a person dealing as a consumer (within the meaning
of the Unfair Contract Terms Act 1977), the Products are provided
on an “as is” basis and 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.
30. 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:
(a) any loss of anticipated profits or
expected future business;
(b) damage to reputation or goodwill;
(c) any damages costs or expenses payable
by you to any third party;
(d) loss of any order or contract; or
(e) any loss that was not foreseeable
by you and Penguin at the time our Contract was formed; or
(f) any loss not caused by any breach
on the part of Penguin.
31. 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.
32. 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
33. We may withdraw
from the market any Products that we produce or generally
supply without prior notice, or liability, to you.
34. 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
35. 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:
(a) if sent by pre-paid first class post
to the party to whom it is given, on the second working day
after posting; or
(b) if sent by pre-paid air-mail post
to the party to whom it is given, on the seventh working day
after posting; or
(c) 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.
36. 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.
37. 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.
38. 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.
39. Nothing in these
Terms is intended to confer on any third party any benefit
or any right to enforce any of these Terms.
Clause 2 was amended on 12th February
2002
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