Mail Order Terms and Conditions
Terms and Conditions
TERMS AND CONDITIONS OF SALE AND PURCHASE
Coach House Publications is a division of Island Tourist Products Limited, registered in England and Wales - company number 04537787.
Please read through the following terms and conditions of sale and purchase carefully. They are the terms on which you agree to purchase items from Coach House Publications through the Island Breaks website. If you submit an order for any item advertised for sale on the website, this will constitute acceptance by you of these terms:
CONTRACT OF SALE
- If you wish to purchase any of the items for sale on the website, you must provide us with either a completed order form or sufficient information for us to complete the form on your behalf. Your order will not be accepted unless you place us in a position of being able to receive full payment for your order at the time we accept it so that we will receive payment in full before the goods are dispatched. If we agree to accept your order, this will be confirmed by email and we will supply the items you have ordered to you in accordance with the confirmation and with these terms.
- The sale and purchase of goods via the website is governed by a contract between you and us formed when you have placed an order, your order has been accepted by us and you have received confirmation of this. The terms of the contract will comprise these terms, as amended or updated by us from time to time, and the prices (subject to clause 4 below) and other relevant information about the goods published by us on this website at the time the contract is formed.
- We reserve the right to change these terms at our discretion. A note of the date and clause number of any such changes will be included as part of these terms. 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 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
- All information and specifications relating to the goods and any material produced by us or by Island Breaks are approximate only and in particular owing to the limitations of the reproductive process the colour of items on the website may vary from the goods supplied to you.
- 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 goods to conform to any applicable safety or other statutory or European Union requirements which do not materially affect their quality or performance.
RIGHT OF WITHDRAWAL
Where you purchase goods from the website for personal use and not for resale:
- You have the right to withdraw from any contract from the date on which we send you our confirmation until to 7 working days after the day you receive your order by giving us written notice of withdrawal by email, fax or post.
- You will be responsible for and will pay the cost of returning the goods to us by the same method as they were delivered. The goods will be returned at your risk.
- The only circumstances in which you cannot withdraw the order are where the goods that you wish to return are audio or video products that have been removed from the sealed package in which they were delivered.
- We will credit your credit or debit card as appropriate for the price of the goods as set out below, provided that the goods are returned to us in the condition they were in when delivered to you.
- Where you purchase goods from the website for personal use and not for resale:
- The price of each item is the retail price that is quoted on the 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 that item.
- The price of any item excludes the cost of postage, packaging and delivery. The costs of postage and packaging are specified on the website and are your responsibility. The cost of delivery to the delivery address you specify in your order form will be your responsibility. The method of delivery and packaging applicable will be those quoted on the website on the date of the order.
- The price of the goods is inclusive of any applicable Value Added Tax.
- 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.
- Payments shall be made by credit card, debit card or personal cheque on the date on which we accept your order. In the case of payment by cheque we shall not despatch the goods to you until your cheque has been received and cleared by our bankers.
- 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.
- The time and method for delivery will be at our discretion but in most cases delivery will be by Royal Mail first-class post. The place of delivery will be the delivery address. Time for delivery shall not be of the essence but we will try to despatch any orders received by 12 noon on a working day that same day.
- If you do not take delivery of the goods or give us adequate delivery instructions then we may store the goods until actual delivery and charge you for the reasonable costs (including insurance) of storage.
- If the goods delivered to you do not include all of the goods that you ordered in any particular order or include incorrect goods, you must inform us in writing within 7 working days from the date of delivery. If you do not, we will not be responsible for any loss or damage suffered by you as a result. In any event, our liability is limited to the price of the goods not delivered or the cost of replacing such goods.
RISK AND OWNERSHIP
- Risk of damage or loss of the goods will pass to you on delivery or, if you fail to take delivery of the goods, at the time when we have tried to deliver the goods.
- Title in the goods will pass to you on delivery or, if you fail to take delivery of the goods, at the time when we tried to deliver the goods to you.
- 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 goods) used in the goods are and remain the property of us or of our licensors.
- Other than as stated in Clause 8.3 below, we do not grant permission for the use of the intellectual property and such use may constitute an infringement of the holder's rights.
- All website design, text and graphics appearing on the website and the selection or arrangement thereof are the copyright of us, of Island Breaks or of our licensors. Permission is granted to print once in hard copy portions of this website for the sole purpose of placing an order with or using this website as a shopping resource. Any other use of materials on this website (including reproduction for purposes other than those noted above and modification, distribution, or republication in any form or media) without our prior written permission is strictly prohibited.
- We are the owner of the Coach House Publications name and logo. 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.
- If on receipt of your order you are unhappy with any item you have purchased on the website for any reason, you may return it to us in its original condition within 14 days and we will provide a full refund. If the reason for the return is the result of our error, or if the item was damaged before it reached you, please notify us and we will also refund the postage costs.
- If you need to return some or all the goods from a shipment, please return them securely packed with the original shipping note (or a copy of it) and write 'Returned', or 'Returned, damaged in shipment' clearly on it. Except for damaged items, you do not have to give a reason for returning the goods but we would be pleased to receive a covering letter so that we can take steps to ensure other customers are not similarly disappointed. To ensure proof of despatch, please obtain confirmation of posting.
- Send the package to:Returns Coach House Publications ,Unit 7a Wootton Business Park, Whiterails Road, Wootton Bridge, Ryde, Isle of Wight PO33 4RHUnited Kingdom We will notify you via e-mail when we have processed your refund.
- We shall not be liable in respect of any defect in the goods arising from fair wear and tear, neglect, failure to follow our instructions, misuse or improper alteration or repair of the goods.
- Nothing in these terms and conditions excludes or limits our liability arising under 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.
- Where the goods are sold under a "consumer transaction" (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976), your statutory rights are not affected by this clause.
- Unless expressly provided in these terms, 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 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 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.
- Without prejudice to any other provision of these terms, 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, such as, without limitation, the failure of a third party, any act of God, civil commotion, riot, flood, drought, fire or the operation of any rule of law or legislative provision. This clause does not affect your statutory rights.
- We and Island Breaks 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.
WITHDRAWAL AND USE OF GOODS
- We and Island Breaks may withdraw any goods that we produce or generally supply from the market without prior notice.
- If we provide you 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 you must use the goods accordingly.
- When you place an order, we need to know your name and address so we can deliver your goods and your email address and telephone number in case we need to contact you about the order. We will not use this information for any other purposes. In particular, we will not contact you about 'other items you might be interested in' and we will not sell or give the information to third parties unless required to do so by law.
- If you order online, you will also need to give credit card information, but we do not see this. This information is only presented to Worldpay (www.worldpay.com) who handle this information on secure servers. This means it cannot be read even if intercepted. Our shopping system does not use "cookies" to store information on your computer.
Any notice required under these terms must be in writing. In our case it must be addressed to our registered office or principal place of business 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.
- If any of these terms 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 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.
- Each contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English Courts if there are any disputes between them of any kind.
- Failure or neglect by either party to enforce at any time any of these terms 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 or the contract or prejudice that party's right to take subsequent action.
- Nothing in these terms is intended to confer on any third party any benefit or any right to enforce any of these terms.
- Any notice required under these terms must be in writing. In our case it must be addressed to our registered office or principal place of business 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 you have any question about your order or the items you wish to buy before you make a purchase, please phone Island Breaks on 01983 813813. The lines are open Monday to Friday, 9am to 5pm and Saturday, 9am to 1pm.
- if you have any queries after you have placed your order (about delivery, packing or arrival) please phone Coach House Publications on 01983 883718, quoting you order number. Lines are open Monday to Friday, 9am to 5pm.