These terms and conditions were last updated on 23 September 2008
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 CourseBooks
("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.
(a) The price of each Product shall be the recommended retail price for that Product 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, unless a special promotional price or other discounts are stated on the Website in respect of a Product.
9.
(b) Where a variety of discounts apply (though promotional offers and/or personal discounts available to you) only one discount can be used against each Product.
The Website will automatically apply the most advantageous discount to you, provided you enter all discounts to which you are entitled on the order form.
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 the eBook is not distributed or transmitted over any network
or communication
(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 CourseBooks 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 CourseBooks at the time our
Contract was formed;
(f)any loss not caused by any breach on the part of
CourseBooks.
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 Indian law and the
parties submit to the exclusive jurisdiction of the Indian 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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