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 accepted by Hachette by e-mail. The
Contract shall be made in England on transmission by Hachette of
the email accepting your order.
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.
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 applies) send it back
within [10 or 12 or 14] 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 [10 or 12 or 14] 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.
4.7 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.
4.8 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. 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. 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
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.
10. General
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:
10.1.1 It is willing to supply all persons who place, or attempt
to place, an order for an Issue or a Subscription; or that
10.1.2 it has in stock and available for supply all or any of
the Partworks described or referred to in the Site.
10.2 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.
10.3 Hachette will try and solve any disagreements quickly and
efficiently. If you are not happy with the way Hachette deal with
any disagreement and you want to take court proceedings, you must
do so in England. The Contract shall be governed by English
law.
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.