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Changes to these conditions of use
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TERMS & CONDITIONS OF SALE, PURCHASE AND SUBSCRIPTION
Please read through the following Terms and Conditions (“Terms of Sale”) carefully. They comprise the terms on which you are permitted to purchase issues of the Happy Reader magazine from Penguin Books Limited (“us”, “we”) via this website (the “Website”). If you submit an order for an issue or subscription, this shall constitute acceptance by you of these Terms of Sale.
FORMATION OF CONTRACT OF SALE
If you wish to purchase issues of the Happy Reader magazine via this Website (“Magazines”) (whether individual issues or by signing-up for a multi-issue subscription (a “Subscription”)), you must submit a completed order form. If we agree to accept your order, we will confirm this by email (the “Confirmation”) and will supply the Magazines to you in accordance with the Confirmation and with these Terms of Sale.
The sale and purchase of Magazines (whether individually or by a Subscription) via this Website will be governed by the 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 (the “Contract”). The terms of the Contract will comprise these Terms of Sale, as amended or updated by us from time to time, the prices (subject to clauses 18 to 24 below) and other relevant information about the Magazines that is published by us on this Website at the time the Contract is formed.
We reserve the right to change these Terms of Sale 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 of Sale. 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.
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
You acknowledge that all information and specifications relating to the Magazines and any material produced by us are approximate only. 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. We may make any changes in the specification of the Magazines to conform to any applicable safety or other statutory or European Union requirements which do not materially affect their quality or performance.
Magazines will be published in March, June, September and December each year during the lifetime of the Happy Reader magazine. If you sign-up for a Subscription, your first issue will be the first issue to be published after you signed-up. You may also purchase additional issues individually in addition to your subscription.
Subscriptions are generally non-transferable and cannot be resold by you. However, if you decide to cancel your Subscription you may be able to transfer it to another person. If you wish to do so please cancel your subscription on your account page.
There are two subscription types. The first will roll indefinitely unless: (i) you cancel in accordance with these Terms of Sale, (ii) your payment details are no longer valid; (iii) we no longer publish the Magazine; (iv) we no longer offer the Magazine as part of a subscription; or (iv) we cancel your subscription in accordance with these Terms of Sale.
The second type will run for one year only.
Your Magazines will be delivered directly to the address specified by you in your order. IN the case of single issue orders, once your order has been accepted, we will deliver your Magazine to you within 10 working days following the Confirmation. In the case of Subscriptions, once your subscription has been accepted, each issue will be delivered to you within 10 working days of its publication date.
Any failure to commence delivery within the foregoing timescales will not constitute a breach of this Agreement.
Magazines will be delivered by post and may be subject to normal postal delays.
Initial cancellation period: You have the right to cancel any order for a single issue or a Subscription, without giving any reason, within a 14 day period from the day on which you receive the issue or, in the case of a Subscription, the first issue of your Subscription. If you exercise your right to cancel within that period, we will reimburse all payments that we have received from you in respect of your order.
Subsequent cancellation of your subscription: You may cancel your Subscription at any time by notifying as set out in clause 16 below. Following your cancellation, we will no longer send you any further Magazines and will no longer take any payments from you, save for any amounts that are outstanding in respect of Magazines sent to you before or on the date of cancellation.
How to Cancel your Order: You may cancel your order on your account page.
If you are moving house, then we may be able to transfer your magazines to your new address, provided that you advise us of your change of address. However if you are moving country, depending on which country you are moving to, we may have to cancel your Subscription, provide you with a pro rata refund for your Subscription and set up a new Subscription at the new address, to be paid for separately.
The price of each Magazine shall be the recommended retail price for that Magazine 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 Magazine.
The stated price of the Products is inclusive of any applicable Value Added Tax or similar sales taxes. 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.
Pricing and Payment: The price of issues and Subscriptions will be made clear to you on our sign-up pages or otherwise during the sign-up process. The price and postage charges may vary from time to time and by country or by state, district or region. You agree to pay the price and charges at the rates and frequencies notified to you at the time you place your order. We will charge you in British Pounds Sterling, United States Dollars, Euros, Australian Dollars or such other currency stated during the sign-up process depending on the service and your country of residence. You may also have to pay any applicable local taxes. In the case of a Subscription, we will always tell you in advance of any increase in the price of the magazines and offer you an opportunity to cancel your Subscription if you do not wish to pay the new price.
When you place your order, you must provide us with complete and accurate payment information. Where applicable, you may pay online by credit or debit card. By submitting payment details you promise that you are entitled to purchase the Magazines using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your Subscription or order and may, in suspicious circumstances, contact the issuing bank/payment provider and/or law enforcement authorities/other appropriate third parties.
If you are entitled to a refund under this Agreement we will credit that refund to the card, bank account or other payment method you used to submit payment, unless it has expired in which case we will contact you. In no event shall Penguin be responsible for lost orders or payments. In the case of unauthorised payments Penguin reserves the right to suspend or terminate your Subscription or order (as applicable). Penguin reserves the right to cooperate with the relevant authorities in the event that Penguin, at its sole discretion, suspects that any payment is fraudulent or otherwise unlawful.
Pricing errors: If we incorrectly state a price to you whether online or otherwise, we are not obliged to provide you with Magazines at that price, even if we have mistakenly accepted your offer to buy a Magazine or Subscription at that price, and reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel your order or Subscription without any obligation to us and we will refund you any money you have paid us in full or you may pay the correct price. If you refuse to exercise either of these choices then we may cancel your order or Subscription and will refund you any money you have paid us in full.
In respect of single issue purchases, credit card and debit card payments will be processed on the date on which we dispatch your order.
In respect of annual subscriptions, credit card and debit card payments will be processed on the date on which we dispatch your first magazine.
In respect of rolling subscriptions, you will be charged for each Magazine separately, your credit card and debit card payments being processed when each issue is dispatched.
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.
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 Magazines) used in the Magazines (together “the Intellectual Property”) are and shall remain the property of us or of our licensors.
We do not grant permission for the use of the Intellectual Property and such use may constitute an infringement of the holder’s rights.
We are the owner of the Penguin Books and Penguin Classics trademarks, logos 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.
We shall not be liable in respect of any defect in the Magazines arising from neglect, failure to follow our instructions, misuse or improper alteration or repair of the Magazines.
Nothing in these Terms of Sale 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. Your statutory rights are not affected by these Terms of Sale.
Save as expressly provided in these Terms of Sale, and except where the Magazines are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), the Magazines 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.
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:
- any loss of anticipated profits or expected future business;
- damage to reputation or goodwill;
- any damages costs or expenses payable by you to any third party;
- loss of any order or contract; or
- any loss that was not foreseeable by you and us at the time our Contract was formed; or
- any loss not caused by any breach on our part.
Without prejudice to any other provision of these Terms of Sale, 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. 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.
We may withdraw Magazines without prior notice, or liability, to you at any time.
You must provide us with accurate, complete registration information (including but not limited to name, delivery and billing address and direct debit/bank account or credit card details). You may also be required to provide your email address to receive service messages relating to deliveries. It is your responsibility to update and advise us of all changes to that information. We are entitled to rely on all information you provide to us.
Our registered address is 80 Strand, London, WC2R 0RL and our telephone number is 020 7139 3000.
Any notice required under these Terms of Sale must be in writing. In our case it must be addressed to our registered office 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:
- if sent by pre-paid first class post to the party to whom it is given, on the second working day after posting; or
- if sent by pre-paid air-mail post to the party to whom it is given, on the seventh working day after posting; or
- 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.
Should you have a complaint or should you wish to contact our Customer Services Team for any other reasons please do so through the following email: firstname.lastname@example.org.
If any of these Terms of Sale 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 of Sale 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.
Failure or neglect by either party to enforce at any time any of these Terms of Sale 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 of Sale or the Contract or prejudice that party’s right to take subsequent action.
Nothing in these Terms of Sale is intended to confer on any third party any benefit or any right to enforce any of these Terms of Sale.
Each Contract shall be governed by English law and you and Penguin submit to the exclusive jurisdiction of the English Courts if there are any disputes between them of any kind.