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Consumer Publications Subscription Terms & Conditions of Sale
1 DEFINITIONS 1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller; 1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977; 1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions; 1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller. Goods for sale include individual copies of magazines, one year or two year subscription terms to incisive media and a variety of other magazine subscriptions terms available by on-going direct debit payment. Other goods may be offered by incisive media. 1.5 "Seller" means Incisive Financial Publishing Limited, 32-34 Broadwick street, London, W1A 2HG 1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller; 1.7 "Website" means getcomputeractive.co.uk
2 CONDITIONS 2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer. 2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer. 2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions. 2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. 2.5 Any complaints should be addressed to the Seller's address stated in clause 1.5.
3 ORDERING 3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason. 3.2 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process section within the website.
4 PRICE AND PAYMENT 4.1 The price of the Goods shall be that stipulated on the Website at the time of ordering. The price is inclusive of VAT and delivery charges (if applicable). 4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer's shopping cart prior to confirming the order. 4.3 After the order is received the Seller shall confirm by email or letter the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer. 4.4 In the case of consumer sales, the Consumer either makes a one off payment for a one or two year subscription or makes ongoing direct debit payments. For one and two year subscriptions, payment of the price plus VAT and delivery charges, if any, must be made in full before dispatch of the Goods. With direct debit payments, confirmation of the Consumer's payment will be sent to the Consumer by post within 3 working days and no later than 10 working days in advance of the Consumer's account being debited and we reserve the right to increase our prices at any time and will notify the Consumer in writing with 10 days notice of any such price increase. 4.5 Buyer undertakes to make any payment due hereunder in full without any deduction, offset or counterclaim whatsoever.
5 RIGHTS OF SELLER 5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order. 5.2 The Seller reserves the right to withdraw any goods from the Website at any time. 5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6 AGE OF CONSENT 6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods. 6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
7 WARRANTY The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer's purpose.
8 DELIVERY 8.1 Unless otherwise requested the Buyer's subscription will start with the first available issue. This will be delivered within 6 weeks of the Buyer placing an order for the UK delivery and around 8 weeks for Overseas delivery. 8.2 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date. 8.3 Delivery of the Goods shall be made to the Buyer's address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. 8.4 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
9 CANCELLATION AND RETURN 9.1 If for any reason you are unhappy with your subscription, the Buyer has the right, in addition to the Buyer's other rights, to cancel the contract and receive a refund for any un-mailed issues of the subscription. To cancel the contract the Buyer must write to Computeractive Magazine, 800 Guillat Avenue, Sittingbourne, Kent, ME9 8AF within 7 days after setting up the subscription. Any issues already posted out to the Buyer will not be refunded.
10 LIMITATION OF LIABILITY 10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever. 10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller's agents or employees.
11 WAIVER No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12 FORCE MAJEURE The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
13 SEVERANCE If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
14 CHANGES TO TERMS AND CONDITIONS The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
15 GOVERNING LAW AND JURISDICTION These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts (in respect of both contractual and non-contractual disputes).
