Access to, use of, or purchasing from this website shop is subject to Our Terms and Conditions, so please read them carefully. Accessing, using or purchasing from this website shop means that You agree to abide by Our Terms and Conditions, so if You do not wish to be bound by them, please do not use the website shop.
Accessing, using or purchasing from this Site constitutes Your agreement to abide by these terms and conditions.
1 Definitions and Interpretation
1.1 In these terms and conditions the following words and phrases shall, unless the context otherwise requires, have the following meanings:-
These terms and conditions; the Contract for the sale of Goods/supply of Services formed by Our acceptance of Your order
Your Order; the goods/products offered to You via the Site
The Site; the contents of the Site which include all information and materials on the Site, whether together or separately
Together or separately; the price for the Goods and Services and any other charges made pursuant to these Conditions
These Conditions; copyright and all other proprietary and intellectual property rights to and in the Information, whether together or separately
the services offered to You via the Site;
The Site; this Site and all the Information on it of www.nelsonthornes.com at which (text, graphics, data files) Information are stored electronically and access to which is available to third parties via the Internet but subject to these Conditions
These Conditions; means the computer software and all modifications, enhancements and replacements to it embedded in or forming an integral part of the Information and the Site including but not limited to any files and images incorporated in or generated by the software and data accompanying the software
Nelson Thornes Limited; the person(s) firm or company accessing using or purchasing from the Site.
2 Information Rights and Ownership
2.1 We own and operate this Site and unless stated otherwise, all Information and Rights are Ours and are protected by copyright and trademark laws. We reserve all Rights in the Information.
2.2 You may access the Site to read Information. This is provided for information purposes only and subject always to these Conditions.
2.3 You may not copy, reproduce, republish, upload, post, transmit or distribute Information in any way. However You may store, copy or download one copy of the Information on any single computer for Your personal non-commercial use only but You must keep intact all copyright and other proprietary notices regarding the Rights.
2.4 You may not delete or modify Information or use Information for any unauthorised purpose as this is a violation of Our copyright, trademark, and trade secret rights and others' proprietary rights.
2.5 Software downloaded from the Site is Licenced to You by Us on a non-exclusive, non-sublicensable basis. Title to the Software is not transferred to You. Whilst You own the medium on which the Software is recorded, We (or others) retain full and complete title to and Rights in the Software. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.
2.6 The use of any Information on any other web-site or network computer environment is not permitted.
2.7 Except as stated in these Conditions, no licence is granted to You by Us to copy or reproduce in any way electronically in written form or otherwise any of the Information.
2.8 If You wish to reprint any Information outside of personal, non commercial use, write to Us at Nelson Thornes Limited, Delta Place, 27 Bath Road, Cheltenham, Gloucestershire GL53 7TH.
2.9 If You wish to purchase Goods or Services via the Site, the purchase will be subject to these Conditions and to any additional conditions that may be provided by Us and which You will be required to acknowledge.
2.10 To enable Us to provide You with Goods and/or the Services, You are required to provide Us on a timely basis with such information as We may require and in such form that We may request.
3 Formation of Contract
3.1 All orders for Goods and Services are accepted when You receive a confirmation e-mail to this effect.
3.2 Where the use of the Goods or supply of Services is stated to be subject to any instructions or warnings, they are supplied on the condition that such instructions or warnings will be strictly adhered to.
4 Your Rights
4.1 Where You are a consumer and the Contract You enter into with Us for the supply of Goods or Services is one to which the Consumer Protection (Distance Selling) Regulations 2000 apply, You may cancel the Contract without liability in the following circumstances:
4.1.1 where the Contract is for the supply of Goods, within the period of 7 working days from delivery of the Goods, provided that where the Goods comprise an electronic version of any material, this right to cancel does not exist;
4.1.2 where the Contract is for the supply of Services, within the period of 7 working days from the date the Contract is formed, provided that the right to cancel the Contract will not exist where We have already commenced performance of the Services.
4.2 Where You exercise Your right to cancel the Contract under clause 4.1.1, You must immediately return the Goods (and in any event, within 7 days of delivery) in the same condition in which they were delivered to You, using a reliable method of delivery and at Your own cost.
4.3 In respect of any Contracts cancelled in accordance with clause 4.1 and 4.2 of these Conditions, We will refund to You within 30 days of You notifying Us of the cancellation the Price paid in respect of the same subject to the deduction by Us of postage costs.
4.4 Where Goods are sent to You in error or in damaged condition, these must be returned to Us immediately (and in any event, within 7 days of delivery) failing which the Goods will be deemed to have been accepted and to be in good working order.We will refund to You the Price paid in respect of such Goods and We will also pay any reasonable costs incurred by You in returning such Goods to Us.
4.5 Where You receive short delivery of Goods, You must contact Us immediately (and in any event, within 7 days of delivery). Our liability for short delivery is limited to making good the shortage.
4.6 Where Goods prove to be faulty as a result of a manufacturer’s defect or damaged on receipt We will replace or give credit. Please notify us of any defects within 10 days of receipt of the goods.
5 Price and Payment Terms
5.1 Prices are inclusive of taxes but exclusive of delivery charges and Customs & Excise duty. The delivery charges will be outlined with each individual promotion or offer. Goods and Services are subject to availability and may be withdrawn at any time. The Price of an item is the price at head office on the day of Your order. We reserve the right to change Prices before You place an order.
5.2 We try to ensure that the Prices for Goods and Services, as displayed on the Site, are accurate but the price on Your order will need to be validated by Us prior to processing Your order. Where an item’s correct Price is higher than the price stated on Your order We will contact You to let You know the correct Price and give You the opportunity of cancelling before We dispatch the Goods.
5.3 Where We hold insufficient quantities, run out of stock, Goods are discontinued or cannot for some reason be delivered We will contact You by e-mail or telephone to inform You of this and give You a likely delivery date or suggest an alternative item similar to the one ordered. Where this is part of a larger order We will process and dispatch the available Goods to You in the normal manner.
5.4 In consideration of Us providing You with the Goods and/or carrying out the Services, You will pay to Us the Price.
5.5 Unless We agree otherwise, payment must be made by You on the date that You place an order for Goods/Services unless you have a valid credit account with us.
6 Delivery and Inspection
6.1 There is a charge for delivery. The delivery charge will be outlined with each individual promotion or offer.
6.2 Internet orders will usually be delivered within 5 working days unless otherwise advised by Us.
6.3 All delivery times are estimates only and, while We will endeavour to avoid delay, We shall not be liable to You for any loss or damage arising from delay in delivery. Time for delivery shall not be of the essence.
6.4 You will inspect the Goods at the place and time of delivery.
6.5 Risk and damage to or loss of the Goods shall pass to You at the time of delivery or if You wrongfully fail to take delivery of the Goods, at the time when We tender delivery of the Goods.
7 Reservation of Title
7.1 Notwithstanding delivery and the passing of risk in the Goods, title to the Goods shall not pass to You until all monies due to Us on any account have been received by Us.
8 Disclaimer and Warranties
8.1 To the extent allowed by applicable law, We do not make any representations regarding the Site, the Services, the Goods or the Information on the Site which are provided for use "as is" and "as available” and We disclaim any warranties, expressed or implied, including without limitation the implied warranties of satisfactory quality and fitness for a particular purpose or of non-infringement of any third party proprietary rights regarding the Site, the Services, the Goods, the Information and any web-site the Site is linked to. Nothing in these Conditions shall affect the statutory rights of a Consumer.
8.2 We do not give any warranties regarding the functions of or Information on the Site nor do We warrant that the Information will meet Your requirements even if We have been informed of them. We do not give any warranty that the operation of the Site or its content will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available or any Software down-loaded is free of viruses or other harmful components.
8.3 No warranty or representation is given regarding the use or the result of the use of the Information in terms of its correctness, accuracy, reliability, currency or otherwise and so no liability is assumed for and no representation is given regarding any errors or omissions in the Information on the Site.
8.4 You warrant that You will not use the Site for any unlawful purpose or in breach of English law or any other law applicable to the use of the Internet including but not limited to:
8.4.1 transmission, linking or posting to the Site any material which constitutes or encourages the commission of a civil or criminal offence or which infringes any intellectual property rights or similar rights of any person;
8.4.2 transmission, linking or posting to the Site of any obscene, indecent, pornographic, defamatory, offensive or abusive material;
8.4.3 transmission, linking or posting to the Site any material which contains a virus or other hostile computer program or running any applications that could lead to a modification of the physical or logical structure of the networks being used;
8.4.4 spamming or any other form of commercial advertising or marketing;
8.4.5 deep linking and aggregating by use of any robot, spider, or other automatic device or manual process to monitor or copy pages or the content contained on the Site without Our prior express permission.
8.5 You agree to keep secret and not disclose to anyone any password which We may give to You and to use it only for the authorized purpose communicated to You by Us.
9 Limitation of Liability and Indemnity
9.1 To the extent allowed by applicable law, under no circumstances, including but not limited to negligence will We be liable for any special or consequential damages which result from the use of, or the inability to use the Information on the Site even if We or any of Our authorized representatives have been advised of the possibility of damages.
9.2 To the extent allowed by applicable law, We will not be liable to You for any loss, damage, cost, expense or other damage relating to credit card fraud and arising from You providing Your credit card details via the Internet and further to these Conditions.
9.3 We will not be liable to You if the provision of the Service or supply of Goods is delayed or prevented due to circumstances beyond Our control and We will not be deemed to be in breach of these Conditions.
9.4 Our total liability to You for any damages, losses and causes of action, whether in contract or tort, (including but not limited to negligence or otherwise) will under no circumstances exceed one and a half times the Price You have paid to Us for any Goods or Services in respect of which such damage, loss or cause of action arises and in no event can a claim be brought against Us unless You have notified Us of the claim within one year of it arising.
9.5 You indemnify Us and will keep Us indemnified from and against all liability, costs, claims and damages (including legal and other professional costs and expenses) resulting from a breach of these Conditions by You and against any claim brought against Us by a third party resulting from Our provision to You of any Goods, Services and/or Your use of the Information.
10 Links to Other Sites
10.1 You will find links from the Site to independently managed world-wide web servers whose content We have found of possible interest to visitors to the Site. We have only authorized links to those "off site" pages listed on this Site as authorized. Any other links that are not listed are not authorized. Whilst We have visited the listed sites to which We are linked, We cannot control the content that may appear on these sites or any attachments to them and so We make no warranty or representation regarding defamation or otherwise, regarding any linked sites.
10.2 You may also obtain goods and services from third parties which may be accessed through links on the Site. We exclude liability for any errors, omissions or inaccuracies in such material, information and in respect of goods and services provided by such third parties. Unless specified otherwise, We are not selling or offering for sale any goods or providing any services of such third parties nor are We acting as their agent. We are not responsible or liable in any way for any dealings You may have or the consequences of such dealings with any such third party. Any such dealing will be on the terms and conditions express or implied of that third party.
11 Termination
11.1 These Conditions and Your agreement to them commence on the date You access the Site and will continue in force until terminated by either Us or You.
11.2 You may bring Your acceptance of the Conditions to an end at any time by destroying, at Your own expense, all Information obtained from the Site and all related documentation (and any copies) which have been obtained or made under the terms of these Conditions or otherwise.
11.3 These Conditions and any right You may have under these Conditions will come to an end immediately without any notice from Us if in Our sole discretion You do not comply with any term or provision of these Conditions.
11.4 Termination of these Conditions by Us will not affect any other rights or remedies We may be entitled to at law (or otherwise).
11.5 Once these Conditions come to an end (and for whatever reason) You must destroy at Your own expense, all Information obtained from the Site and all copies made under the terms of these Conditions or otherwise.
11.6 If these Conditions come to an end under clause 11.3, then: 11.6.1 We will be entitled to cancel any order placed by You regarding a purchase or suspend the performance of Services without any liability to You;
11.6.2 all monies due and owing to Us by You will become due and payable immediately.
12 Data Protection and Privacy
12.1 We hold any details You provide Us with in accordance with Data Protection legislation. Further details are set out in Our Privacy Policy Document which You confirm You have read and understood.
13 Miscellaneous
13.1 The headings in these Conditions are for convenience only.
13.2 All notices shall be in writing and may be served by sending it by recorded delivery post or e-mail to Our address set out above.
13.3 If any Court of competent jurisdiction declares any part of these Conditions invalid or unreasonable, the rest of the Conditions will not be affected and will continue in full force and effect. If We choose to waive any breach of these Conditions by You, it will not be considered as a waiver of any later breach of the same or any other provision.
13.4 These Conditions and any of Your rights under these Conditions are personal to You and may not be assigned to anyone without Our prior written consent.
13.5 These Conditions are not intended to benefit or be enforceable by any third parties under the terms of the Contracts (Rights of Third Parties) Act 1999.
13.6 These Conditions may not be amended except by Us in writing.
14 Governing Law and Jurisdictional Issues
14.1 We control and operate this Site from Our United Kingdom offices. We make no representation that any Information on the Site is appropriate or available for use in other locations/jurisdictions. If You choose to access and/or use the Site from locations other than the UK, You do so totally at Your own risk and are responsible for complying with any applicable local laws.
14.2 English Law governs these Conditions and You submit to the exclusive jurisdiction of the English Courts.
