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.
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.
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.
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.
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.
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.
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