TERMS AND CONDITION OF SALE (DISTANCE SELLING)
Preliminary notes
(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. DEFINITIONS
1.1 ‘Advertisement’ shall include loose or other inserts as appropriate
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 public holidays
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 Confirmation Email.
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 the Advertiser.
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 Advertiser
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 Publisher.
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 revised rate.
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. CANCELATION
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 is formed.
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
clause 7
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
in writing.
7. NOTICES
Notices must be given to the Publisher by fax (01625 855011) or by email
[rachael.edmunds@practicalpublishing.co.uk]. The Publisher may give notice
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
war.
(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
networks.
(g) The acts, decrees, legislation, regulations or restrictions of
any government.
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
Event.
11. WAIVER
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
such obligations.
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.