Terms and Conditions of Sale
1. Information About Us
1.1 We are Chelsea Green Publishing UK Limited (Company No. 00944703, VAT No. 572 9170 23) of South Wing, Somerset House, London WC2R 1LA (“Chelsea Green“, “we“, “us“, “our“).
1.2 This website (“our site“) is owned and operated by us in conjunction with Gardners Books Limited, 1 Whittle Drive, Eastbourne, BN23 6QH (“Gardners“).
1.3 If you have any questions about our Site, our Products or your order, please visit our Contact Us Page for full details on how to contact us.
2. Information About These Terms
2.1 This page tells you information about us and the legal terms and conditions (“Terms“) on which we sell any of the products listed on our site (“Products“) to you.
2.3 Please read these Terms carefully before using our site. By using our site, you agree to be bound by these Terms.
2.4 Every time you wish to order Products, please check these Terms as we may have made changes to them since your last order and the Terms in force at the date of each order will apply. These Terms were last updated on (add date).
2.5 Please note if you are a consumer in the European Union, you have certain rights to cancel a Contract for Products and these rights are set out in more detail in Clause 8.
3. Your Chelsea Green Account
3.1 In order for you to purchase Products from our site, you will need to set up an account with us (“Account”). You will need to be 18 years old or over to create an account. Please note that your creation of an account does not in itself entitle you to purchase Products from us and we are not obliged to accept any or all orders that you place with us. We also reserve the right to refuse to permit minors to use our site at our discretion.
3.3 In all cases, please be aware that you are solely responsible for your Account, including making sure that your details are correct and kept up-to-date and ensuring that your password is secure. You are solely responsible for all activity that takes place on your Account. Please do not share your account with any other person.
3.4 If you believe there has been any breach of security of your Account such as the disclosure, theft or unauthorised use of your ID or any payment information you must notify us immediately by contacting us at (add email).
4. How the Contract is formed between you and us
4.1 How to place an order. You may place an order for Products by completing the online checkout process on our site. Our site allows you to check and amend any errors before submitting your order to us. Please take the time to check your order at each stage of the order process.
4.2 How we acknowledge your order. After you place an order for Products, you will receive an email from us acknowledging that we have received your order (“Acknowledgement Email“). This does not mean that your order has been accepted.
4.3 Why we may reject your order. We may contact you to say that we do not accept your order for any reason (including but not limited to where the Products are unavailable or there has been a mistake on the pricing or description of the Products). We also reserve the right to limit or cancel quantities purchased per person, per household or per order.
4.4 How we accept your order. We will confirm our acceptance of your order by sending you a further email (“Confirmation Email“). A legally binding Contract between you and us will only be formed when we send you a Confirmation Email.
4.5 Your order number. We will assign an order number to your order and tell you what it is when we send you the Acknowledgement Email. Please include your order number in any correspondence with us in relation to your order.
4.6 When we may cancel the Contract. If we are unable to perform the whole or part of the Contract due to any cause or event beyond our reasonable control we may, at our option, by notice in writing to you, cancel or suspend the Contract in whole or in part without liability and without prejudice to our rights to receive payment of the price for all Products previously delivered. For further details of what constitutes an Event Outside Our Control, please see Clause 10.
5.1 The price of a Product will be as quoted on our site. Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed by sending you a Confirmation Email subject to Clause 5.3 below.
5.2 The stated price of a Product does not include Delivery Charges. Our delivery charges will be as quoted on our site from time to time, and the charges applicable to your order will be notified to you prior to the point at which you place your order (please see Clause 7 below for further details about deliveries).
5.3 The terms of Clause 5.1 notwithstanding, it is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. If you receive a Confirmation Email from us for a Product or Products where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we reserve the right to end the Contract, refund you any sums you have paid and require the return of any Products provided to you.
6.1 Payment authorisation must be provided by you on the date that you place an order for Products.
6.2 Payment must be made by credit/debit card. We accept payment by Visa and MasterCard. Payment will be debited from your account after receipt of the Confirmation Email and before despatch of the Products to you.
6.3 On some occasions, we are required by the card issuer to perform additional security checks on the payment card, which can delay the order until the card has been authorised.
6.4 You confirm that the credit/debit card that is being used is yours.
6.5 All Product prices and delivery charges are shown in UK pounds sterling and will be charged to your credit/debit card in UK pounds sterling. Your payment card company will perform any currency conversion, if necessary and you shall be solely responsible for any fees incurred for currency conversion.
7.1 We can deliver to any address in the United Kingdom including Northern Ireland.
7.2 We use Grantham Book Services Ltd to deliver Products. There may be a charge for delivery which will be displayed during checkout.
7.3 All estimated dates of delivery are approximate only and, while we will endeavour to avoid delay, we will not be liable to you for any loss or damage arising from delay in delivery.
7.4 We may deliver the Products by instalments. Delivery charges will be those set out at the time at which you placed your order.
7.5 You are responsible for the Products when delivery has taken place. In other words, the risk in the Products passes to you when you take possession of the Products.
7.6 If you receive the wrong Products or Products are damaged in transit, you must contact us within 28 calendar days and confirm to us what has happened.Please see Clause 8 for more information on your right of return, refund and cancellation.
8. Right of Refund and Cancellation
For returns, please see our Shipping and Returns page
8.1 You may be able to cancel your Contract with us. Your rights when you end the Contract will depend on whether there is anything wrong with what you have bought and when you decide to cancel the Contract:
8.2 If what you have bought is faulty or misdescribed you may have a legal right to cancel the Contract (or to get the Products repaired or replaced or to get some or all of your money back). Please see clause 8.3 for further information;
8.3 If there is a problem with the Products. If you wish to exercise your legal rights because the Products you have bought are faulty or misdescribed then please contact us immediately by visiting emailing us on firstname.lastname@example.org.
8.4 How to notify us. To exercise the right to cancel, in the circumstances described in this Clause 8, you must inform us of your decision to cancel the Contract by a clear statement (e.g. a note sent to email@example.com ). You can use the model cancellation form set out in the box below, but it is not obligatory.
To Chelsea Green Publishing UK Limited
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*],
Ordered on [*]/received on [*], order number [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
8.5 How we will notify you. Once we receive your notice of your intention to cancel we will send you a cancellation notification (“Cancellation Notification”) for your records, you may wish to keep a copy of your Cancellation Notification for your own records.Your cancellation will be effective from the date of the Cancellation Notification.
8.6 Returning Products to us. The Products must be returned directly to us unused , and we are responsible for issuing all refunds in relation to cancelled Contracts and returned Products (excluding delivery charges, gift wrapping and other additional expenses).We have the right to withhold or reduce any refund on Products that have been damaged or otherwise diminished in value.
8.7 Responsibility for the cost of return. We do not offer free returns, so you will be responsible for paying the cost of postage if you choose to return Products to us. We will only pay the costs of return if the Products are faulty or misdescribed.
8.8 How we will refund you. Please note that we will not make any refund to you until we have received the relevant Products from you and confirmed that they have not been damaged. We will then credit your payment card with the cost of the unwanted Products within 30 days of the date of receipt of the returned Products.
9. Our Liability
9.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that we could have foreseen because:
9.1.1 the loss or damage was an obvious consequence of our failure to comply with these Terms or our negligence; or
9.1.2 they were contemplated by you and us at the time we entered into the Contract.
We are not responsible for any loss or damage that we could not have foreseen.
9.2 We are not liable for business loss.We shall have no liability to you for any loss of profit, loss of revenue, loss of business, business interruption, or loss of business opportunity. We also expressly exclude any liability for any loss or damage which may be incurred by you as a result of your breach of these Terms.
9.3 All of your statutory rights are unaffected.We do not in any way exclude or limit our liability for death or personal injury caused by our negligence; or fraud or fraudulent misrepresentation; or any other liability which may not be limited or excluded under applicable law. Any statutory warranties to which you are entitled as a consumer (including, for example, that any service is carried out with reasonable skill and care, and any Products provided are of satisfactory quality) are unaffected by these Terms.
9.4 Our employees and agents are not authorised to make any representations or give any warranty concerning the Products unless these are confirmed in writing by us. In entering into the Contract you acknowledge that you do not rely on and waive any claim for any breach of any representation or warranty which is not so confirmed.
9.5 Consumer Rights. As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice. Nothing in these Terms will affect these legal rights.
10. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lockouts or other industrial action, civil commotion, riot, terrorist attack (or threat), war (or threat) or fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
11. OTHER IMPORTANT TERMS
11.1 Special offers. From time to time we may make special offers available to you. These are available for limited periods only, as further detailed on our site.
11.2 “Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes emails.
11.3 We may transfer the Contract to someone else. We may transfer our rights and obligations under these Terms to another organisation and we will ensure that the transfer will not affect your rights under the Contract.
11.4 You need our consent to transfer the Contract to someone else. You may only transfer your rights or your obligations under the Contract to another person if we agree to this in writing, but we will not unreasonably without our consent.
11.5 Nobody else has any rights under the Contract. The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
11.6 If a court finds part of the Contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.7 Even if we delay in enforcing the Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of you breaching the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
11.8 Which laws apply to the Contract and where you may bring legal proceedings. These Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have nonexclusive jurisdiction over such disputes and claims. However, as a consumer, you have the right to start legal proceedings in the country you are resident in if you wish.