Terms & Conditions of Sale
By using our website, placing an order for goods and/or registering as a member of our websites you confirm your agreement to our terms and conditions, including the Privacy Policy, as set out below:
Correspondence address & Customer Service
HS Publishing Ltd
PO BOX 2086
Caterham
Surrey CR3 6WT
| Email: |
click here |
| Tel: |
+44 (0208) 123 4606 (UK & Ireland) |
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+1 (310) 878-4606 (USA & Canada) |
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+61 (02) 6100 3477 (Australia & New Zealand) |
Conditions
1. An order for goods placed by you, the buyer through our websites shall be subject to these terms and conditions
2. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
3. Nothing in these terms and conditions shall affect the statutory rights of any consumer
Orders
4. All orders for goods shall be deemed to be an offer by you, the buyer, to purchase goods pursuant to these terms and conditions
5. You, the buyer, shall be responsible for ensuring the accuracy of the details provided on the order form and we will not be obliged to accept an order unless all details requested on the order form have been entered correctly
6. No order submitted by you, the buyer, shall be deemed to be accepted by us unless and until we confirm acceptance of the your order by e-mail (where applicable) or by telephone
7. We are entitled to refuse any order placed by you and will not be required to provide an explanation
Goods
8. The goods may differ slightly from the images shown
9. We reserve the right to substitute products of a similar description and standard if the requested goods are not available but will use reasonable endeavours to match your order exactly. In the unlikely event of you receiving a substituted product you, the buyer, shall be entitled to return the goods for a full refund within 10 working days from the date of delivery, should the substituted product not be acceptable to you.
Price and Payment
10. The price of the goods will be the price quoted on the website at the date the order is received and will not include V.A.T. as we do not charge V.A.T. to UK, EU or International customers and delivery is included in the price. Prices are in £GBP (Great British Pounds), $USD (United States Dollars), €EUR (Euros), $CAD (Canadian Dollars) or $AUD (Australian Dollars).
11. We reserve the right, by giving notice to you, the buyer, at any time before delivery to increase the price of the goods to reflect any increase in the cost to us, which is due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture)
12. In the unlikely event of there being such an increase in the price of the goods you, the buyer, shall be entitled to cancel the order at any time before delivery
Payment
13. When we provide any goods to you, the buyer, under these terms and conditions, payment will be charged to the credit or debit card account provided by you on the website order form or to a third party account such as Paypal. Our secure payments service is provided by Protx and HSBC.
14. By placing an order, you, the buyer, consent to payment being charged to your credit card account or electronic payment account as provided on the order form.
15. Title to the goods will pass to you, the buyer, on payment in full of the price of the goods. Payment is required in advance
16. We will issue you with an electronic receipt to your email address once the goods have been dispatched
Delivery
17. The goods will be delivered to you, the buyer, at the address provided by you on the order form
18. The risk in the goods shall pass to you upon such delivery taking place
19. Any dates quoted for delivery of the goods are approximate only and we shall not be liable for any delay in delivery of the goods however caused. If however we are unable to deliver your goods by the date quoted for delivery you, the buyer shall be entitled to cancel the order at any time before delivery takes place
20. We deliver to all countries.
21. We shall not be liable to you, the buyer, for short delivery of the goods however caused but will provide you with the outstanding goods as soon as is reasonably practical. If however we have not delivered the outstanding goods within 7 days within the UK or 14 days elsewhere from the first date of delivery you, the buyer, shall be entitled to cancel the order for the outstanding goods. Typically goods arrive within 5 working days.
Return of goods
22. You, the buyer, will inspect the goods as soon after delivery as is reasonably practicable and will notify us of any shortages, defects in the goods or any other complaint in respect of them within 7 working days from the date the goods were delivered.
SAVE IN RESPECT OF ANY SHORTAGES OR DEFECTS IF YOU, THE BUYER, FAIL TO COMPLY WITH THIS CLAUSE WE WILL NOT BE HELD LEGALLY LIABLE IN RESPECT OF ANY OTHER COMPLAINT WHICH SHOULD HAVE BEEN BROUGHT TO OUR ATTENTION WITHIN THIS PERIOD
Your Warranty
23. You, the buyer, warrant that all details provided on the order form for the purpose of purchasing the goods are correct, that the credit or debit card you are using is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the goods
LIMITATION OF LIABILITY
24. We will use all reasonable endeavours to carry out its obligations within a reasonable period of time but will not be liable to you, the buyer for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of its obligations in relation to this Agreement, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond our reasonable control:
24.1.1 Act of God, explosion, flood, tempest, fire or accident;
24.1.2 War or threat of war, sabotage, civil disturbance or requisition;
24.1.3 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
24.1.4 Import or export regulations or embargoes;
24.1.5 Strikes, lock outs or other industrial actions or trade disputes;
24.1.6 Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
24.1.7 Power failure or breakdown in machinery
If we are prevented from carrying out is obligations in the above circumstances, it will notify you in writing. If we are still prevented from carrying out its obligations 3 weeks from the dated such notice was sent, then either party may give written notice to the other cancelling the Agreement. If the Agreement is cancelled in this way we accept no liability to compensate you for any loss or damage caused by failure to perform
25. Except where you, the buyer are dealing as consumer (as defined in the Unfair Contract Terms Act 1977 section 12) we do not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the goods
26. Except in respect of death or personal injury caused by our negligence, we will not be liable to you, the buyer, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of goods other than as a result of a breach of an obligation arising under the Sale of Goods Act 1979 (as amended) and the Supply of Goods and Services Act 1973.
Intellectual Property
27. The copyright in the material contained in this website and any trademarks and brands included in that material belongs to HS Publishing Limited, Niccolo Ltd www.niccolo.ltd.uk or its licensors
28.1 You may download or copy the content and other down-loadable items displayed on the website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the website for other than personal use is expressly prohibited
28.2 In return we reserve the right to publish your comments from our surveys without recourse to payment or your specific permission.
Website
29. We will attempt to ensure that the information available on the website at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these
30. All drawings, descriptive matter and specifications of the goods on the website are for the sole purpose of giving an approximate description of the goods
31. We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or all of the website without notice or liability
General
32. We may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if it does so it will post any such changes on the website
33. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected.
34. English law will apply to this Agreement, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
35. The headings in this Agreement are for convenience only and will not affect their interpretation.
Queries and Complaints
36. We aim to respond to e-mail and written queries within 2 4 hrs of receipt during business hours 7 days a week. Our Customer Services can answer your telephone queries Monday to Friday between 10.00am and 10.00pm
37. In respect of complaints, we will consider the nature of the complaint and will contact you within 7 days of the complaint giving you the result of the enquiries and what we proposes should be done.
Multiple Currencies
38. We accept multiple currencies at no charge to you the buyer.
39. The currencies we accept are £GBP (Great British Pounds), $USD (United States Dollars), €EUR (Euros), $CAD (Canadian Dollars) & $AUD (Australian Dollars).
Overseas Orders
40. We can ship overseas subject to no postage costs, no taxes and laws.
Export Restrictions
41. We will not ship any products to where they are illegal in the destination country.
Force Majeure
42. HS Publishing shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.
You will become the owner of the goods you have ordered when the goods are dispatched to you from our premises.
Withdrawal By You From The Contract
43. If you are an individual and are not buying goods on behalf of a business, there are certain circumstances in which you may withdraw from the contract and these are set out here. This right to withdraw does not apply to business buyers.
a. You may withdraw your order for goods at any time up to the end of the twenty first working day after you have received the goods. You do not need to give HS Publishing any reason for withdrawing your order nor will you have to pay any penalty.
b. The only circumstances in which you cannot withdraw your order are where you have taken the goods you have ordered (or the ones in relation to which you want to withdraw) out of the sealed package in which they were delivered.
c. To withdraw your order you must notify HS Publishing in writing at the address set out in the HS Publishing’s terms and conditions section of this Web site.
d. If you have received the goods before you withdraw your order then, unless you have lost your right to withdraw because you have taken the goods out of their sealed package, you must send them back to the HS Publishing contact address at your own cost and risk. If you withdraw your order but HS Publishing has already processed the goods for delivery and you have received them, you must not unpack the goods when they are received by you and you must send the goods back to HS Publishing at the HS Publishing contact address at your own cost and risk as soon as possible.
e. Once you have notified HS publishing that you are withdrawing your order, any sum debited to HS Publishing from your credit/debit card or PayPal will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by HS publishing in the condition they were in when delivered to you.
f. Unless our terms and conditions have been followed in full you waive the right to claim any chargeback on your credit card.
Liability
44. This is as follows:-
a. If the goods HS Publishing delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, HS Publishing shall have no liability to you unless you notify HS Publishing in writing at the HS Publishing’s contact address of the problem within 10 working days of the delivery of goods in question.
b. If you do not receive goods ordered by you within 30 days of the date on which they were dispatched to you, HS Publishing shall have no liability to you unless you notify HS Publishing in writing at the HS Publishing’s contact address of the problem within 40 days of the date on which the goods were dispatched to you.
c. If you notify a problem to HS Publishing under this condition, HS Publishing's only obligation will be, at its option: - to make good any shortage or non-delivery; to replace or repair any goods that are damaged or defective.
d. HS Publishing will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to HS publishing under this condition and HS Publishing shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under paragraph (c) above.
e. Nothing in this condition is, however, intended to limit any rights you might have as a consumer under applicable local law that may not be excluded nor in any way to exclude or limit HS Publishing's liability to you for any death or personal injury resulting from its negligence.
Nothing in this contract creates any right which is enforceable by any person who is not a party to the contract.
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