1.1 This on-line catalogue and ordering service is operated by Goodnews Books
Please read this agreement carefully before using the Website shopping basket to Order products supplied by Goodnews Books. In particular, your attention is drawn to exclusions and limitations of liability below.
1.2 These terms and conditions (the “Terms and Conditions”) and any Accepted Order (as defined below) (together the “Agreement”) rplace any other terms and conditions previously applicable to the supply of the products (as defined below).
1.3 By submitting the order to Goodnews Books by proceeding to the Check out screen or by submitting an order in any other form such as by electronic mail, letter or facsimile, the Customer agrees that this Agreement applies to the supply and purchase of products from Goodnews Books.
2 Contract terms
2.1 Customers ordering Products confirm that they are placing an order for Products (a “Product Order”) in the name of a partnership, company or other legal entity carrying out business functions, and that they have the right and authority to place the Product Order and to accept these Terms and Conditions on behalf of such partnership, company or other legal entity in the course of carrying out their business functions. The Customer hereby confirms it is not ordering products in its personal capacity as a consumer.
2.2 All other terms and conditions (including any terms or conditions which the Customer purports to apply under any purchase order, confirmation of order or similar document) are excluded from any contract between Goodnews Books and the Customer for the sale and purchase of any product ordered of this type.
3 Ordering Products
3.1 To make a Product order, Customers should follow the procedures set out on the How to order page of the Website.
3.2 The Customer shall ensure that all the details provided in any Product order placed are complete and accurate.
3.3 Each Product order will be an offer by the Customer to purchase products subject to the Terms and Conditions. Goodnews Books will not be bound to supply any product ordered by a Product order.
3.4 Following receipt of a Product order, Goodnews Books will review the Product order. If Goodnews Books accepts the Product order then it will notify its acceptance of the Product order to the Customer and confirm the final details of the Product order (an “Accepted Order”).
4 Prices and Payment
4.1 The price for the Products (the “Price”) shall be as stipulated in the Accepted Order. If not notified to the Customer in the Accepted Order, then the Price shall be as stipulated from time to time on the Website.
4.2 The Price shall include the cost of the Products, the packaging of the Products and delivery to the Customer.
4.3 The Price is exclusive of VAT, which shall be charged at the prevailing rate.
5.1 If the Customer wishes to cancel the provision of Products it may do so by providing notice to Goodnews Books:
5.1.1 at any time before a Product order becomes an Accepted Order, in which case cancellation shall be at no cost to the Customer;
6.1 Goodnews Books warrants:
6.1.1 that the Products will comply in all material respects with the description on their packaging or as may be displayed on the Website from time to time; and
6.1.2 that it will carry out (or procure the carrying out of) the Products with reasonable skill and care.
6.2 If Goodnews Books receives notice within 7 days of delivery to the Customer of a defect in or damage to the products, Goodnews Books may repair or replace damaged Products in its absolute discretion.
6.3 All other express or implied terms, conditions, warranties or representations whatsoever in respect of Goodnews Books with regard to the Products, or any information or service are excluded to the fullest extent permitted by law.
7 Exclusions and limitations of liability
7.1 Nothing in this Agreement shall exclude or restrict the liability of Goodnews Books for death or personal injury resulting from negligence or for fraudulent misrepresentation or in any other circumstances where liability may not be so limited under any applicable law.
7.2 Goodnews Books gives no warranty that the Products will be suitable for any particular purpose or for use under any specific conditions.
7.3 Goodnews Books gives no warranty as to the accuracy of the results obtained through the provision of the Products.
7.4 Goodnews Books gives no warranty that making the Products available in any particular jurisdiction outside the United Kingdom is permitted under any applicable non-United Kingdom laws or regulations. Accordingly the Products or any part of them are not offered for sale in any jurisdiction or to any Customer where making those Products available is prohibited, whether by reason of nationality, residence, age or otherwise. Customers resident outside the United Kingdom must satisfy themselves that they are lawfully able to purchase the Products and avail themselves of the Products provided by Goodnews Books.
7.5 Goodnews Books shall not be liable, whether in contract, tort, negligence, breach of statutory duty or otherwise for loss of data, profit, revenue, use, business, anticipated savings, goodwill, reputation or opportunity, financial or other economic loss or any indirect or consequential loss or damage, costs or expenses whatever or however arising out of or in connection with this Agreement or the supply of the Products.
7.6 The total liability of Goodnews Books, whether in contract, tort, negligence, breach of statutory duty or otherwise, for any loss or damage, costs or expenses arising directly in connection with this Agreement or the supply of the Products shall not exceed the Price paid in respect of the relevant Accepted Order that occasions such loss.
7.7 If the limitation on Goodnews Books’s liability set out in the preceding paragraph is adjudged to be unreasonable in the circumstances, the limit of Goodnews Books’s liability shall be increased to the amount that Goodnews Books can recover from its insurer for the loss in question.
8.1 The failure or delay by either party to exercise or enforce any right or remedy under this Agreement shall not operate as a waiver of that right or remedy.
8.2 This Agreement constitutes the entire agreement between Goodnews Books and the Customer with respect to the supply and purchase of the Products. The Customer confirms and acknowledges that it has not been induced to purchase the Products by any representation, warranty, or undertaking made by Goodnews Books or any other person and waives any rights that it may have to damages or rescission for misrepresentation (other than fraudulent misrepresentation) that are not expressly incorporated into these documents.
8.3 Goodnews Books will not be deemed to be in breach of this Agreement or held liable to the Customer for any delay in performance or failure to perform any of its obligations to the Customer to the extent that such delay or non-performance is due to any cause beyond Goodnews Books’s reasonable control.
8.4 Goodnews Books may assign or sub-contract any or all of its rights and obligations under this Agreement without the prior written consent of the Customer at any time. The Customer may not assign or sub-contract its rights and obligations under this Agreement.
8.5 All notices shall be given:
8.5.1 to Goodnews Books by e-mail or post to email@example.com
8.5.2 to the Customer either by e-mail or by post to the Customer’s e-mail or postal address provided at the time of the Product order.
8.6 No person who is not a party to the Agreement shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term or condition of it.
8.7 If any provision or terms of this Agreement shall become or be declared unlawful, invalid or unenforceable, in whole or in part, for any reason whatsoever, such provision or term or such part of it shall to that extent be severed from the remaining terms and conditions and deemed to be deleted from them as far as possible without modifying or affecting the legality, validity or enforceability of the remaining terms and conditions, which will remain in full force and effect.
8.8 This Agreement shall be governed by and construed in accordance with English law and any dispute arising out of this Agreement shall be subject to the exclusive jurisdiction of the English Courts.