Lovereading T&C’s
Lovereading T&C’s General Understanding: These terms and conditions of sales (the ‘Conditions’)
are deemed to be the operative terms in any contractual transaction
(the ‘Contract’) between (1) Lovereading Ltd (as the ‘Supplier’)
and (2) any potential purchaser (the ‘Buyer’) who completes
Lovereading’s order form (the ‘Order’) for Goods
offered for sale by Lovereading on this website (the ‘Web Site’).
1. SALE
1.1 The Buyer shall place an Order for Goods by submitting
a completed order form on the Web Site. The Supplier shall confirm
acceptance of the Buyer's order in writing via email and will supply
the Goods to the Buyer in accordance with the Buyer's Order.
1.2 These Conditions shall govern the Contract to
the exclusion of any other terms or conditions.
1.3 Any advice or recommendation given by any representative
of the Supplier to the Buyer relating to the Goods, which is not confirmed
in writing by the Supplier will not be binding on the Supplier.
1.4 Any variation to the Contract must be agreed
in writing between the Buyer and the Supplier.
2. ORDERS AND QUOTES
2.1 In accepting a quote or submitting an Order for
the Goods the Buyer acknowledges that:
2.1.1 all information and specifications relating
to the Goods and any material produced by the Supplier are approximate
only (unless otherwise specified); and
2.1.2 the limitations of monitor capabilities and
of printers mean that the colour of the products on the Web Site may
vary from the Goods supplied by the Supplier to the Buyer under the
Contract.
2.2 To the extent permitted by law, any error in
any quote, sales literature or other document or information issued
by the Supplier or placed upon the Web Site may be corrected by the
Supplier without any liability to the Buyer.
2.3 The Supplier may make any changes in the specification
of the Goods to conform to any UK statutory or European Union requirements
or, where the Goods are to be supplied to the Supplier's specification,
which do not materially affect their quality, performance or fitness
for their purpose.
2.4 If the Supplier offers substitute Goods in lieu
of those requested by the Buyer, the Supplier will endeavour to ensure
that they will be of equivalent price and quality. Further, if the
Buyer decides to reject such substitute Goods, then the Supplier will
pay the reasonable cost of return postage.
3. RIGHT OF WITHDRAWAL
3.1 The Buyer has the right to withdraw from the
Contract within 7 days after the Goods have been delivered by returning
the Goods in an undamaged condition and giving written notice of withdrawal
to the supplier and the Supplier shall credit the Buyer's credit card
for the price of the Goods as set out below in clause 4.2.
3.2 The right to a 7-day "Cooling Off"
period will not apply where the Contract is for the supply of audio-recordings
Goods if the seal on the audio recording Goods has been broken.
3.3 The Buyer shall be responsible for paying the
cost of returning the Goods to the Supplier by the same method as
they were originally delivered in the event that the Goods had been
dispatched by the Supplier prior to receipt of the written notice
of withdrawal from the buyer.
3.4 If the Buyer cancels the Contract then they are obliged
to restore the goods to the Supplier in a resaleable condition and
take reasonable care of such Goods in the meantime. If the Buyer does
not return the Goods then the Buyer will have to pay the cost the
Supplier incurs in recovering them.
4. PRICE
4.1 The price of the Goods shall be the price quoted
on the Web Site on the date of acceptance of the Order by the Supplier,
subject to any inadvertent pricing errors (whether technical or otherwise)
by the Supplier. If the Supplier discovers a pricing error for any
Goods that the Buyer orders, then the Supplier will cancel the Order
without penalty and notify the Buyer of the error.
4.2 The price of the Goods excludes the cost of delivery
for any Goods delivered within the UK.
4.3 The price of the Goods is inclusive of any applicable
value added tax, which the Buyer shall be liable to pay to the Supplier
as part of the order value.
4.4 In the case of Special Offers etc, the length
of time that price will be offered will be stated on the Website.
5. PAYMENT TERMS
5.1 Payments shall be made by credit card on the
date on which the Supplier accepts the Buyer's order.
5.2 Credit cards accepted by the Supplier are those
listed on the Web Site on the date on which the Buyer's order is placed
and accepted by the Supplier.
6. DELIVERY
6.1 The time place and method for delivery shall
be as requested in the Buyer's Order, but in any event the Supplier
will endeavour that such deliver shall not exceed 30 days, unless
the parties agree otherwise.
6.2 Time for delivery of the Goods shall not be of
the essence, but in any event the Supplier will endeavour that such
delivery shall not exceed 30 days.
6.3 If the Buyer does not take delivery of the Goods
or give the Supplier adequate delivery instructions then the Supplier
may store the Goods until actual delivery and charge the Buyer for
the reasonable costs (including insurance) of storage. The Supplier
shall not owe the Buyer any duty of care under this Clause 6.3 and
shall not be liable to the Buyer for any loss, damage or deterioration
of the Goods during storage.
6.4 If the Goods delivered to the Buyer does not
include all of the Goods ordered by the Buyer or the incorrect Goods,
the Buyer shall inform the Supplier in writing within 14 working days
from the date of delivery. If the Buyer does not so inform the Supplier
in writing, the Supplier shall not be responsible for any loss or
damage suffered by the Buyer as a result of such delivery. In any
event, the Supplier's liability to the Buyer in such circumstances
shall be limited to the price of the Goods not delivered or the cost
of the replacement Goods.
7. RISK AND OWNERSHIP
7.1 Risk of damage or loss of the Goods shall pass
to the Buyer on delivery or, if the Buyer fails to take delivery of
the Goods, the time when the Supplier has tried to deliver the Goods.
7.2 Title in the Goods shall pass to the Buyer on
delivery of the Goods.
8. INTELLECTUAL PROPERTY
8.1 All intellectual property and other proprietary
rights (including, but not limited to, copyright, design rights and
trademarks) and all technical, business or similar information (including
but not limited to, all designs, documents and other materials relating
to the Goods) created by the Supplier before, during and after the
course of the Contract shall be, and shall remain, the property of
the Supplier only.
9. WARRANTY AND LIABILITY
9.1 Nothing in this clause 9 shall exclude the Supplier's
liability for death or personal injury caused by its negligence.
9.2 Subject to the conditions set out below the Supplier
warrants that all Goods will correspond with the Order at the time
of delivery and will be free from material defects or damage on delivery.
9.3 If the Supplier is in breach of the warranty
contained at clause 9.2 above, the Buyer shall advise the Supplier
in writing immediately and in any case not later than 14 working days
from the date of discovery of a material defect or damage.
9.4 On receiving a notice under clause 9.2 above,
the Supplier may, at its sole option:-
9.4.1 repair the Goods;
9.4.2 replace all or any part of the defective or
damaged Goods; or
9.4.3 refund the price of those Goods which are defective
or damaged.
9.5 The warranty contained in clause 9.2 shall be
the extent of the Supplier's liability for defective Goods.
9.6 The Goods are not tested and sold as fit for
any particular purpose and any terms of warranty or condition express
or implied by statute or otherwise to the contrary are excluded to
the extent allowed in law.
9.7 Save as expressly provided in these Conditions,
and except where the Goods are sold to a person dealing as a consumer
(within the meaning of the Unfair Contract Terms Act 1977) all warranties
conditions terms and liabilities express or implied by statute or
common law are excluded to the fullest extent permitted by law and
the Supplier will not be liable to the Buyer for any loss of any kind
whatsoever (including for the avoidance of doubt, any consequential
loss which arises out of the breach of implied warranties or conditions
or breach of any other duty of any kind imposed on the Supplier by
operation of law.
9.8 The Supplier will not be liable to the Buyer
for any of the following losses which may arise by reason of any breach
of the Contract or any implied warranty, condition or other term,
any representation or any duty of any kind imposed on the Supplier
by operation of law:
9.8.1 any loss of anticipated profits or expected
future business;
9.8.2 damage to reputation or goodwill;
9.8.3 any damages costs or expenses payable by the
Buyer to any third
party;
9.8.4 loss of any order or contract; or
9.8.5 any consequential loss of any kind.
9.9 Unless otherwise provided in these Conditions,
and subject to clause 9.5 above, the liability of the Supplier for
breach of any express or implied term of these Conditions shall be
limited to the reasonable cost of remedying any defect in the Goods
or other matter constituting a breach and in no circumstances shall
the Supplier's liability exceed the total amount paid by the Buyer
to the Supplier under the Contract.
9.10 If, notwithstanding the provisions of this clause
9, liability is attached to the Supplier in no circumstances shall
the Supplier's liability to the Buyer for a breach of any express
or implied terms of the Contract or any other duty of any kind imposed
on the Supplier by law arising out of or in relation to the Contract
exceed the total amount of the Buyer’s Order.
9.11 Without prejudice to any other provision of
this clause 9, the Supplier will not be in breach of the terms of
the Contract for any delay in performing, or failure to perform, its
obligations under the Contract if that delay or failure was due to
any cause or circumstance beyond the Supplier's reasonable control.
10. INDEMNITY
The Buyer shall indemnify the Supplier against any loss or damage
suffered by the Supplier as a result of any claims brought against
the Supplier by any third party for:-
10.1 any loss, injury or damage caused by the Goods
or their use;
10.2 any loss, injury or damage in any way connected
with this Contract provided that this Clause will not require the
Buyer to indemnify the Supplier against any liability for the Supplier's
own negligence.
11. EXPORT TERMS
11.1 The Supplier shall be responsible for complying
with any legislation or regulation governing the importation of the
Goods into the country of destination and for the payment of any duties
outside the UK.
11.2 The Buyer shall where applicable:-
11.2.1 not either directly or indirectly export the
Goods or any product incorporating the Goods without first obtaining
a licence to export or re-export from the United Kingdom Government
and/or the United States Office of Export Administration (the "OEA");
11.2.2 comply with the export regulations of the
United Kingdom Government and/or the OEA.
12. TERMINATION
12.1 The Supplier may terminate this Contract or
any other contract between the parties and may cancel or suspend future
deliveries (under this Contract or any other contract) if the Buyer:
12.1.1 is in breach of these Conditions or any other
contract between the parties; or
12.1.2 has a petition presented for its winding up
or for an administration order to be made in respect of it; has an
adminstrator, receiver or administrative receiver appointed over it
or any of its assets; resolves to wind itself up (other than for a
solvent reorganisation); has a bankruptcy order made against it or
and of its partners; or enters, or proposes to enter into a composition
or voluntary arrangement with its creditors.
12.2 On termination, the Buyer shall pay to the Supplier
all costs, expenses (including reasonable legal and other fees incurred),
arrears, charges or other payments arising in respect of the Goods
under the Contract.
12.3 Termination shall not affect either party's
accrued rights under the Contract.
13. WITHDRAWAL AND USE OF GOODS
13.1 The Supplier may withdraw the sale or distribution
of any goods produced by or generally supplied by the Supplier without
prior notice, or liability, to the Buyer.
13.2 If the Supplier provides the Buyer with information
about the use for which the Goods are designed and about any conditions
necessary to ensure that the Goods will be safe then the Buyer shall
use the Goods accordingly.
14. GENERAL
14.1 Any notice required under these Conditions shall
be in writing addressed to the other party at its registered office
or principal place of business or any other address notified by the
receiving party to the party giving the notice. Any notice shall be
deemed to be served:
14.1.1 if sent by pre-paid first class post to the
party to whom it is given, on the day it is posted; or
14.1.2 if sent by pre-paid air-mail post to the party
to whom it is given, on the day it is posted; or
14.1.3 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 the
day on which it is sent.
14.1.4 if left at an address given in which case it is taken
to have been given on the day on which it was left.
14.1.5 if sent by e-mail to the private or business e-mail
address of the parties in which case it is taken to have been given
on the day on which it was sent.
14.2 If any of these Conditions 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 Conditions
and the remainder of the provision in question shall not be affected
thereby and shall continue to be valid and enforceable to the fullest
extent permitted by law.
14.3 The Contract and these Conditions shall be under
English law and the parties submit to the exclusive jurisdiction of
the English Courts if there are any disputes between them of any kind.
14.4 The Buyer shall not transfer, assign or sub-contract
its obligations under the Contract without the Supplier's prior consent
in Writing.
14.5 Failure or neglect by the Supplier to enforce
at any time any of these Conditions shall not be a waiver of the Supplier's
rights and it shall not affect the validity of the whole or any part
of these Conditions or prejudice the Supplier's right to take subsequent
action.
14.6 Nothing in these terms and conditions is intended
to confer on any third party any benefit or any right to enforce any
terms contained in these terms and conditions.
Competition Terms and Conditions
Lovereading Ltd COMPETITION TERMS AND CONDITIONS
1. These terms and conditions together with any specific rules set out in Competition Notices (as defined below) are the Competition Rules ("Rules") and apply to competitions included on the www.lovereading.co.uk www.lovereading4kids.co.uk websites ("Competition"), unless otherwise expressly stated. By entering a Competition, entrants agree to be bound by these Rules.
2. The Competition is organised by Lovereading Ltd of 33 – 37 St Johns Hill London SW11 1TT
3 Lovereading reserves the right to cancel or amend the Competition, the Competition Notice or these Rules at any time without prior notice. Any changes will be posted either within the Competition Notice or these Rules.
4. In the event of any dispute regarding the Rules, Competition Notice, conduct, results and all other matters relating to a Competition, the decision of Lovereading Ltd shall be final and no correspondence or discussion shall be entered into.
Qualifying Entrants
5. To qualify to enter the Competition you must be resident in the United Kingdom.
6. Employees of Lovereading Ltd or any company involved in the Competition or, or any such person’s subsidiary or associated companies, agents or members of their families or households, are not eligible to enter the Competition. Lovereading Ltd reserves the right to verify the eligibility of all entrants.
7. By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete. By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete.
8. Lovereading Ltd assumes that by using its site and entering the Competition (and you warrant that) either you have legal capacity to enter the Competition and agree to the Rules (i.e. that you are of sufficient age and mental capacity and are entitled to be legally bound in contract) or your parents have consented to your entry of the Competition and use of these Rules.
9. Lovereading Ltd reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of these terms and conditions.
12. In the event that any entrant is disqualified from the Competition, Lovereading Ltd in its sole discretion may decide whether a replacement contestant should be selected. In this event, any further entrant will be selected on the same criteria as the original entrant and will be subject to these Rules.
Competition Entries
13. Only one entry per person per Competition is allowed.
14. Competition entries must be made in the manner and by the closing date specified on the Competition Notice. Failure to do so will disqualify the entry.
15. There is no purchase requirement to enter a Competition, unless specified otherwise.
16. Proof of posting cannot be accepted as proof of delivery. Lovereading Ltd cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside its control.
17. Entrants should note that unless stated otherwise, Lovereading Ltd does not accept responsibility for the return of any Competition entries, including those consisting of artistic or other material.
Prizes
18. Prize winners will be chosen at random unless specified otherwise in the Competition Notice, from all qualifying entries within 28 days of the closing date specified in the Competition Notice. Tie-breakers will be judged by Lovereading and, if required by law, by an independent adjudicator. In all matters, the decision of the judge(s) and Lovereading Ltd shall be final and no correspondence or discussion shall be entered into.
19. Prize winners will be notified in the manner and within the time specified on the Competition Notice. Return of any prize notification as undeliverable or failure to reply as specified in the notification within the time stated therein may result in disqualification and selection of an alternate winner. If more than one prize is awarded only one prize per entrant will be awarded. Competition winner(s)’ names may be published on the Lovereading website or you can write to Competition Prize Winners, Lovereading Ltd, 33 – 37 St Johns Hill London SW11 1TT naming the specific competition including a self-addressed stamped envelope for a list of winners.
20. Claims for prizes must be made in the manner and within the time specified on the Competition Notice. Failure to claim a prize within this time or in the manner specified may result in disqualification and selection of an alternate winner.
21. Prizes are non-transferable and there is no cash alternative. Lovereading Ltd reserves the right to substitute prizes of equal or greater value at any time.
22. Prizes are awarded at Lovereading’s discretion and no prizes will be awarded as a result of improper actions by or on behalf of any entrant.
24. All taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses upgrades etc.) as the case may be, unless specifically stated, are the sole responsibility of the prize winner.
Intellectual Property Rights
25. In consideration of Lovereading Ltd agreeing to consider entrants to the Competition, each entrant hereby assigns to Lovereading Ltd the complete copyright and all other rights in any entry, which shall be for the full period of copyright. Lovereading Ltd shall be free to assign such rights to third parties.
26. Furthermore, any information submitted by you must be personal to and relate specifically to you. You hereby warrant that the information which you submit and/or distribute will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libellous, defamatory, obscene, indecent, harassing or threatening. If relevant, Lovereading Ltd reserves the right, but not the obligation, to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove the same.
Liability
27. Lovereading Ltd cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the competition or as a result of accepting any prize. Lovereading Ltd is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to entrant’s or any other persons computer or mobile telephone related to or resulting from participation or downloading any materials in the Competition. Nothing shall exclude Lovereading Ltd’s liability for death or personal injury as a result of its negligence.
Data Protection and Publicity
28. Any personal data relating to entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the individuals prior consent.
Jurisdiction
29. The Competition and the terms and conditions of this agreement will be governed by English law.
How to contact us
30. You can contact us in relation to any competition by writing to Lovereading Ltd 33 – 37 St Johns Hill, London SW11 1TT or by email at |