TERMS AND CONDITION OF SALE
(a) We consider these Terms and Conditions of Sale ('Terms') to set out the
whole agreement between the Advertiser and the Publisher for the supply of
the Services. These Terms only apply to contracts entered into with our
Consumers via the telephone.
(b) No provision in these Terms affect the Advertiser’s statutory rights
1.1 'Advertisement' shall include loose or other inserts as
1.2 'The Advertiser' means you and/or your agent
1.3 'Confirmation Email' has the meaning in clause 2.2
1.4 'The Contract' means the contract between the Publisher and the
Customer to perform the services to which these terms and conditions apply.
1.5 'Copy Date' means the date as set out in the Confirmation Email
1.6 'Proof' means samples of the copy and layout of the Advertisement
before it is published by the Publisher
1.7 'The Publisher' means Practical Publishing Limited, company
incorporated and registered in England and Wales with company number
04191165 whose registered office is at Clarke Nicklin House, Brooks Drive,
Cheadle Royal Business Park, Cheadle, Cheshire, SK8 3TD.
1.8 'The Services' means the publication of an Advertisement as set
out in the Confirmation Email or Contract
1.9 'Working Days' means all days other than Saturdays, Sundays and
2. FORMATION OF THE CONTRACT
2.1 The Contract is formed and becomes binding when the Advertisers
order has been accepted by the Publisher.
2.2 After placing an order over the phone, you will receive an e-mail
from us acknowledging that we have received your order. Please note that
this means that your order has been accepted. ('the Confirmation Email').
The Contract will only be formed when we send you the Confirmation Email.
2.3 The Contract will relate only to those Services contained in the
Confirmation Email. We will not be obliged to supply any other Service which
may have been part of your order which has been confirmed in a separate
2.4 The Advertiser must check that the Confirmation Email and any
errors must be informed to us immediately in writing. This will not however
affect the formation of the Contract.
3. TERMS OF THE CONTRACT
3.1 Any samples, drawings, descriptions or advertising the Publisher
issues and any descriptions or illustrations contained in any catalogues or
brochures are issued or published solely to provide the Advertiser with an
approximate idea of the Services the Publisher provides. They do not form
part of the Contract.
3.2 All Advertisements are accepted subject to space being available
and subject to the copy being acceptable to the Publisher. The Publisher
reserves the right to suspend, omit, cancel or change any Advertisement or
series of Advertisement at any time. Should this be due to the act or
default of the Advertiser or his agents or servants, then the space reserved
for the Advertisement shall be paid in full, notwithstanding that the
Advertisement has not been published.
3.3 Unless stated otherwise in the Confirmation Email, the Publisher
reserves the right not to start the performance of the Services during the 7
day period starting from the day after the Confirmation Email was sent to
3.4 It is the responsibility of the Advertiser to supply copy to the
Publisher by the relevant Copy Date. If a copy is so not received the
Advertisement may be omitted or, if earlier copy is available, the earlier
copy may be repeated at the Publisher’s discretion. In any event the space
reserved for the Advertisement shall be paid for in full. Corrections to the
copy may not be incorporated unless proofs are returned by the Copy Date.
3.5 While every care is taken to avoid errors, the Publisher cannot
accept liability for any errors or omissions however caused by the
3.6 It is the responsibility of the Advertiser to check their
Advertisement is correct and inform the Publisher of any mistakes in writing
as soon as possible but in any event not later than 24 hours before the
Publisher providing the final form of the Advertisement to the Advertiser.
3.7 The rates quoted are subject to suitable copy or artwork being
supplied. If additional production work is required the right is reserved to
make an appropriate charge. Proofs will only be supplied if requested in
writing by the Advertiser and if a copy is received at least five weeks
prior to the copy date.
3.8 All copies, artwork, film, etc, which is held at the Advertiser’s
own risk and should be appropriately insured. The Publisher reserves the
right to destroy all such copies, artwork, film, etc which has been in its
custody for six months from the date of its last appearance
3.9 The Publisher retains the copyright in all Advertisements created
or amended by it and the said Advertisement may not be reproduced in part or
in full without the written permission of the Publisher. All copies, artwork
and films, etc with regard to the above remain the property of the
3.10 The Advertiser warrants that the Advertisement does not does not
contravene any laws in the jurisdiction in which the Advertisement will
appear, it is not defamatory, a contempt of Court or in any other way
illegal or an infringement of any other parties’ rights or an infringement
to the British Code of Adverting Practice . The Advertiser will hold the
Publisher harmless in respect of any claim made against the Publisher
arising from any Advertisement.
3.11 Subject to clause 4, copy and cancelation dates, rates and
discounts are as published from time to time and copies of these are
available on request. These form part of these conditions of acceptance.
Advertisement rates are subject to revision at any time, by the giving of
two weeks notice of such revision by the Publisher.
In the event of a rate increase subsequent to the placing of an order, the
Advertiser will have the option either to cancel such order (or unfulfilled
portions of such order), without penalty or to accept fulfilment at the
3.12 For all new advertisers in any Practical Publishing titles,
pre-payment is required for the first advertisement. This can be paid with
credit card details or by sending a cheque in. Please contact your
representative to discuss this.
3.13 All other accounts are due and payable within thirty days of the
date of the invoice. In the event that anyone or more invoices is overdue
then the whole account of the Advertiser is deemed to be overdue (including
invoices which are less tan thirty days old) and all discounts from the
published rates are forfeited by the Advertiser. Interest will be charged by
the Publisher on overdue accounts at the rate payable on judgments debts in
the High Court.
3.14 Discounts will only apply to Advertisements as agreed with the
Publisher, appearing within a twelve months’ period from the date of the
first insertions. Any Advertiser who cancels part of the series will lose
the discount which would otherwise have applied to the Advertisements which
have been or are to be published.
4.1 Subject to clause 4.2, the Advertiser may cancel a Contract at
any time within seven working days, beginning on the day after the contract
4.2 Clause 4.1 shall not apply and the cancelation rights will end as
soon as the Publisher starts carrying out the contract if the Advertiser has
agreed to the service starting before the end of the cancelation period in
clause 4.1. Service will be deemed to have started four weeks prior to the
Copy Date for colour Advertisements it two weeks prior to Copy Date for back
and white Advertisements.
4.3 To cancel a Contract, you must give us notice in accordance with
5. OUR REFUNDS POLICY
5.1 If the Advertiser cancels the Contract within the seven-day
period (see clause 4.1) or the Publisher is unable to perform the service
within 30 days from the Confirmation Email or the deadline agreed with the
client (if greater than 30 days), the Publisher will provide a full refund
of the price paid for the Services. The refund will be processed as soon as
possible and, in any case, within 30 days from the notice of cancellation.
6. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications
should be in writing. The Publisher will contact the Advertiser mainly by
e-mail. For contractual purposes, the Advertiser agrees to this electronic
means of communication and acknowledges that all contracts, notices,
information and other communications that the Publisher provides
electronically comply with any legal requirement that such communications be
Notices must be given to the Publisher by fax (01625 855011) or by email
to the Advertiser at either the e-mail or postal address he/she provides to
us when placing an order. Notice will be deemed received and properly served
24 hours after an e-mail is sent, or three days after the date of posting of
any letter. In proving the service of any notice, it will be sufficient to
prove, in the case of a letter, that such letter was properly addressed,
stamped and placed in the post and, in the case of an e-mail that such
e-mail was sent to the specified e-mail address of the addressee.
8. RESOLVING PROBLEMS
Any complaints should be forwarded in writing to the Publisher not later
than one month after the date of publication of the Advertisement.
9. TRANSFER OF RIGHTS AND OBLIGATIONS
9.1 The Contract is binding between the Publisher and on the Adviser
and on their respective successors and assigns.
9.2 The Advertiser may not transfer, assign, charge or otherwise
dispose of a Contract, or any of your rights or obligations arising under
it, without our prior written consent.
9.3 The Publisher may transfer, assign, charge, sub-contract or
otherwise dispose of a Contract, or any of its rights or obligations arising
under it, at any time during the term of the Contract.
10. EVENTS OUTSIDE THE PUBLISHER’S CONTROL
10.1 The Publisher will not be liable or responsible for any failure
to perform, or delay in performance of, any of its obligations under the
Contract that is caused by events outside the Publisher’s reasonable control
('Force Majeure Event').
10.2 A Force Majeure Event includes any act, event, non-happening,
omission or accident beyond our reasonable control and includes in
particular (without limitation) the following:
(a) Pandemics and epidemics.
(b) Strikes, lock-outs or other industrial action.
(c) Civil commotion, riot, invasion, terrorist attack or threat of
terrorist attack, war (whether declared or not) or threat or preparation for
(d) Fire, explosion, storm, flood, earthquake, subsidence, epidemic
or other natural disaster.
(e) Impossibility of the use of railways, shipping, aircraft, motor
transport or other means of public or private transport.
(f) Impossibility of the use of public or private telecommunications
(g) The acts, decrees, legislation, regulations or restrictions of
10.3 The Publisher’s performance under any Contract is deemed to be
suspended for the period that the Force Majeure Event continues, and the
Publisher will have an extension of time for performance for the duration of
that period. The Publisher will use its reasonable endeavours to bring the
Force Majeure Event to a close or to find a solution by which our
obligations under the Contract may be performed despite the Force Majeure
11.1 If the Publisher fails, at any time during the term of a
Contract, to insist upon strict performance of any of the Advertiser’s
obligations under the Contract or any of these terms and conditions, or if
the Publisher fails to exercise any of the rights or remedies to which it is
entitled under the Contract, this shall not constitute a waiver of such
rights or remedies and shall not relieve the Advertiser from compliance with
11.2 A waiver by the Publisher of any default shall not constitute a
waiver of any subsequent default.
11.3 No waiver by the Publisher of any of these terms and conditions
shall be effective unless it is expressly stated to be a waiver and is
communicated to the Advertiser in writing in accordance with clause 7 above.