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Terms & Conditions
1 In these terms & conditions ‘BE’ or ‘we’ or ‘us’ means Buckingham English, ‘you’ means the purchaser of ‘products’ - ‘products’ meaning any goods sold by us.
2 We have not accepted your order until we confirm so in writing (either by invoice sent with Products or otherwise).
3 We may accept your order in whole or in part. We reserve the right to withhold future deliveries in whole or in part. Any dates given are estimates only & we are not liable in any circumstance for any loss whatsoever suffered or caused through late delivery or non-delivery.
4 The price of products is as shown on the invoice, unless we have made a pricing or invoicing error. Prices are subject to change without prior notification before products are invoiced. You must raise any query you have regarding your invoice within 30 days of the date of the invoice, or you will be deemed to have accepted it.
5 Products will be sent to the address given on the order form or to a designated shipper or agent or, if none is shown to the person to whom the invoice is addressed or despatched. Postal charges are included in the price of the products unless otherwise stated. We can choose the delivery method & through whom the products are despatched, unless we have agreed with you a specific delivery method. The price of the products does not include any shipping insurance. These costs will be shown on your invoice & charged to you unless we have made a prior agreement with you. You shall be responsible for any taxes or duties related to overseas sales. We may charge any extra costs incurred by us in meeting your order requirements.
6a You undertake that you will not, without our prior written consent, export or re-export any products (i) in the case of products shipped within the European Economic Area (EEA), outside countries which are part of the EEA, or (ii) in the case of products shipped to a country outside the EEA, outside the country to which originally delivered.
6b If you do not comply with the conditions set out in 6(a), we are entitled to refuse to deliver to you in future. We may also invoice you for any additional amount that we would have charged customers in the country to which you have allowed the products to be exported/re-exported without our permission.
7 If you do not have an agreed credit account with us, your order will only be accepted against prepayment in full. If you have an agreed credit limit & you are within this limit, payments for products supplied must be received by us in cleared funds on or before the last business day of the month following the month of invoice unless we agree otherwise in writing (the ‘due date’). Payment may not be withheld or delayed by you for any reason, including for unauthorised returns, without our prior written agreement. You agree that we may charge interest on any invoiced amounts which are unpaid at the due date at a rate 5% above the variable base rate of Lloyds TSB Group Plc. Your credit account (if any) will become payable immediately on the appointment of a liquidator, receiver, administrator or administrative receiver in respect of your assets, if you propose to make a composition with creditors or cease to carry on business or if we reasonably believe that such an event is about to occur.
8 Returns will only be accepted if previously authorised in writing. You must pay for any insurance or shipping costs incurred for returns.
9 With the exception of defective products, we will not accept items for resale unless they are in resalable condition. Credit will not be given for any products received that are damaged in any way.
10 If any products are defective we will either give you credit for them or, at our option, replace them. Any such claims must be made to hello@buckinghamenglish.com no more than 14 days after receipt of the products.
11 Only complete products may be returned, including the number of the invoice & a full description of the defect. We reserve the right to refuse to credit any returns where no evidence of purchase is provided.
12 New editions will be released on January 1st of each proceeding year unless otherwise stated. Old editions will not be replaced for new editions after this date, unless they are still under warranty.
13 Any returns must be returned via a carrier who prove delivery. We will not be responsible for any returns lost in transit. They remain your responsibility until a member of BE has signed for them & they are in our offices in Winchester. All returns are made at your expense, we will not accept any charges for transportation or shipping.
14 If in the rare event we recall any products you will return the product immediately to us & we shall reimburse you including the cost of shipping. We shall have no further liability to you in these instances.
15 You must not, & where applicable must ensure your customers do not, alter the products in any form, including the packaging & labels on the products, unless otherwise agreed in the terms of the copyright as published in each product.
16 Products which are new titles may be sold only on or after the advised date of release (for sale from date) as indicated on the web pages & the invoice. We may limit supply to you in future if you do not adhere to such advised publication dates.
17 You are responsible for insuring against the risk of damage to or loss of the product from the time of the delivery. Where products are delivered at our premises, this will be when we notify you that the products are available for collection or if you fail to take delivery of the products, the time when we tried to deliver the products to you. Ownership of the products shall not pass to you unless & until we have received payment in full (in cash or cleared funds) of the price of the products. Furthermore, ownership shall not pass to you until we have received payment for the full price of any other products we have delivered to you. You agree without reservation to allow us to enter any premises where our products are stored or where we reasonably think our products are stored & repossess them. Where you sell any products prior to owning them, all money received from such sale will be held by you as trustee for us until you have paid us all sums that you owe us.
18 Subject as expressly provided in these terms & conditions & except where the products are sold to a private individual dealing as a consumer, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
19 Except in respect of death or personal injury caused by our negligence but to the extent permitted by law, we shall not be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under these terms & conditions, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims of consequential compensation whatsoever which arise out of or in connection with the supply of the products or their use or resale by you, except as expressly provided in these terms & conditions.
20 Except to the extent provided by these terms & conditions, BE shall not in any circumstances be liable to you in respect of any loss of whatever nature occurring to you arising from the supply of products or from non delivery, delayed delivery, damage to or loss of the products owing to any cause not within our control including (without limitation) natural disaster, fire, flood, accident, strike, breakdown in equipment, shortage of supplies, riot, lock-out, trade dispute, industrial action, terrorism, nuclear accident, war, insurrection, or act of restraint by government.
21 You shall notify us immediately in writing of any claim for infringement of any patent, copyright, design, trade mark, or other industrial or intellectual property rights in the products of which you become aware.
22 No variation of these terms & conditions shall be binding unless agreed in writing between authorised representatives of you & BE. No waiver or forbearance granted in respect of any right of ours shall prejudice the exercise of any other right.
23 Any clause or part of any clause which shall be held by any court not to be legally enforceable shall be struck out but shall not prejudice the enforceability of the remainder of the clause & these terms & conditions.
24 If any agreements between a publisher & BE expires or is terminated for any reason, we may terminate any agreement for the supply & sale of products on these terms & conditions immediately or at any time afterwards in relation to the products supplied by that publisher. The termination of any agreement for the supply & sale of products on these terms & conditions shall not affect any rights or obligations of the parties arising before such termination.
25 You may download and make photocopies of example units on the website available for this purpose for personal use or for use with a class, this is the intended use of these free examples. You may not (without prior written permission from us) redistribute any of the content of the BE website or supply it to other people (including by using it as part of any library, archive, intranet or similar service); remove the copyright or trade mark notice; create a database in electronic or structured manual form by systematically downloading and storing all or any of the content; modify, reproduce, sell, lend, hire out or in any way commercially exploit any of the content.
26 English law will apply to this Agreement and in the case of any dispute that relates to this Agreement both we and you agree to submit to the exclusive jurisdiction of the English Courts. Any agreement for the supply & sale of products on these terms & conditions shall be governed by the law of England & you submit to the non-exclusive jurisdiction of the English courts.
27 Privacy
We are committed to observing standards ensuring that all personal information obtained from this website is used fairly and held securely. The information that you provide about yourself to BE will only be used in accordance with this Privacy Policy. If you have any questions please contact BE through the Website. All personal information collected on the Website (such as personal name, address or Email address) is retained and used either for the purposes of improving the Service or to fulfil your order.
We will not supply any third party your personal details unless we are commanded to do so by law. We may release some statistical information from time to time, but this information will not identify any individual users or clients.
WE BELIEVE IN & RESPECT YOUR PRIVACY.
Buckingham English can be contacted by:
Telephone +44 (0) 77 99 16 66 19
Email buckingham_english@yahoo.com |
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