Terms of Sale - last revised July 2020
This page (together with our Website Terms of Use and Privacy Policy) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.
These Terms will apply to any contract formed between us in accordance with clause 5.4 for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. Please click on the button marked "Submit payment & process order" on the "Secure checkout - Review order" page if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site. You should print a copy of these Terms or save them to your computer for future reference.
We may amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We are Woodfield Publishing Ltd a company registered in England. Please see our Contact page on this website for full details.
1.2 To contact us for any reason please see our Contact page. If you are unhappy with any product or service you receive from us please see information about our complaints handling procedure on our Help page.
2. Our products
2.1 The images of the Products on our website are for illustrative purposes only and the Products you receive may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown in images on our site.
2.3 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order.
3. How we use your personal information
3.1 In accordance with our Privacy Policy we will only use the personal information you provide to us to:
a. supply you with the Products you have ordered from us;
b. process your payment for such Products; and
c. inform you about similar products or services that we provide.
4. This clause only applies if you are a business customer
4.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
4.2 These Terms, our Privacy Policy and our Terms of Use constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
5. How the contract is formed between you and us
5.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
5.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.3.
5.3 The Contract between us will only be formed when we receive confirmation from our payment provider that your payment has been processed successfully.
5.4 We reserve the right to refuse to supply products to you without explanation in which case any payment you have made will be refunded in full as soon as possible.
5.5 If we are unable to supply you with a Product you have ordered because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 10.3, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount of the order price as soon as possible.
6 Our right to vary these terms
6.1 We may revise these Terms from time to time as we consider necessary due to changes in regulations or business and financial conditions locally, nationally or internationally.
6.2 When you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
6.3 Whenever we revise these Terms we will give you notice by changing the revision date at the top of this page.
7 Cancellation and returns
7.1 You have the right to cancel an order during the period set out below in clause 7.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the order and receive a refund. If you cancel your order, we will try to stop it before the Product is dispatched to you but please be aware that this may not always be possible. Where we are unable to stop your Product from being dispatched please return it to us when you receive it, at which point we will process your refund in accordance with these Terms. If you are a consumer, advice about your legal right to cancel is available from your local Citizens' Advice Bureau or Trading Standards office.
7.2 Your right to cancel an order expires 30 days from the day after the day you receive the Product (if your order is for a single item) or the last Product (if your order is for multiple items). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
7.4 To cancel an order, please let us know by email (full details on our Contact page). Please return any rejected Products to us not later than 14 days after the day on which you let us know that you wish to cancel the order. The deadline is met if you send back the products before the period of 14 days has expired. Unless the Product is faulty or not as described (in this case, see clause 12) you will be responsible for the direct cost of returning the Product to us. We will refund the price you paid for the Products in accordance with clause 7.6.
7.6 If you cancel your order we will:
a. refund you the price you paid for the Product(s). Please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Product(s) caused by your handling of it/them. If we have inadvertently been charged for the direct cost of returning the Product to us (e.g. where you have elected to 'return to sender'), unless the Product is faulty or not as described we will deduct such direct cost from the refund you would otherwise have been entitled to; and
b. process the refund due to you as soon as possible or within 14 days of:
(i) the day your Product is returned to us in accordance with clause 7.5 or
(ii) if you have not received the Product you ordered, the day on which you gave us notice of cancellation as described in clause 7.5.7.7 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
7.8 For more information concerning our returns procedure please refer to our Returns Policy.
8 Delivery
8.1 Please note that time scales for delivery and delivery charges will vary depending on the availability of the Products you have ordered and your address. Please allow for extra time for international deliveries.
8.2 We will use reasonable endeavours to fulfil your order by the estimated delivery date. If we are unable to meet the estimated delivery date (where there is an Event Outside Our Control for example) we will contact you with a revised estimated delivery date.
8.3 Delivery will be completed when we deliver the Products to the address you gave us. Woodfield Publishing Ltd shall not be liable for delays or any other disadvantages to the Customer resulting from an incorrect address being supplied at the time of order.
8.4 In the event of the product you have ordered being returned to us by the postal service or carrier used for delivery due to an incorrect address being supplied at the time of purchase or delivery being impossible due to circumstances beyond the control of the postal service or carrier we reserve the right to retain the cost of delivery if the order is cancelled and/or to levy an extra charge for redelivery.
8.5 If we are not able to deliver the whole of your order for multiple Products at one time due to operational reasons or shortage of stock we may deliver the order in instalments in which case we will not charge you extra delivery costs. However, if you require us to deliver your order in instalments, each instalment shall constitute a separate contract governed by these Terms. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to a refund of any other instalment.
8.6 The Products will be your responsibility from the completion of delivery.
8.7 You will not own the Products until we have received payment in full, including all applicable delivery charges for the full order made by you.
9 International delivery
9.1 We can deliver to most countries but from time to time there may be restrictions in place for certain International Delivery Destinations that are beyond our control and we reserve the right to refuse delivery to those destinations, in which case any payment you have made will be refunded in full.
9.2 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and cannot predict their amount.
9.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
9.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
10 Price of products and delivery charges
10.1 We take all reasonable care to ensure that the prices of Products offered for sale on our website are correct. However, if we discover an under-pricing error in the price of Product(s) you ordered, we will advise you of the error and you will be given the option to cancel your order or to proceed with the purchase at the correct price.
10.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
10.3 We take all reasonable care to ensure that the delivery charges for Products offered for sale on our website are correct. However, if we discover an under-pricing error in the delivery charge of any Product you have ordered, we will advise you of the error and you will be given the option to cancel your order or to proceed with the purchase at the correct delivery chage.
11 How to pay
11.1 The payment methods we accept are listed on our payment gateway which is accessible via our online shopping cart.
11.2 Payment for the Products is at the point of order.
12 Damaged or defective products
12.1 If you are a business customer and the Products delivered to you are damaged or defective or are not what you ordered or you receive the incorrect quantity, you must notify us within 10 days of the delivery in question. If you do not receive the Products ordered from us you must notify us within 40 days of the date of dispatch. If you fail to notify us in accordance with this clause, we will not be liable to you. Provided you have notified us of a problem within the timescale outlined, we may, at our option: replace or repair the Product in question; refund to you the amount you paid for the Product in question to the original payment method or make good any shortage or non-delivery of the Products. Save as provided for by clause 12.2, this clause sets out our sole obligations to you in relation to any issues concerning the delivery or state of the Products.
12.2 If you are a consumer we have a legal duty to supply Products that are in conformity with this Contract. If the Products delivered to you are not as described, fit for purpose or of satisfactory quality at the time of delivery your legal rights include an entitlement to the following:
• Within 30 days of delivery you can get a refund.
• After 30 days you may be entitled to a repair or replacement or, if that is not possible, a proportion of your money back.Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
13 Our liability if you are a business customer. This clause 13 only applies if you are a business.
13.1 Nothing in these Terms limits or excludes our liability for:
a. fraud or fraudulent misrepresentation;
b. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
c. defective products under the Consumer Protection Act 1987.13.2 Subject to clause 13.1 we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
a. any loss of profits, sales, business, or revenue;
b. loss or corruption of data, information or software;
c. loss of business opportunity;
d. loss of anticipated savings;
e. loss of goodwill; or
f. any indirect or consequential loss.13.3 Subject to clauses 13.1 and 13.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products.
13.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law in England. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
14 Our liability if you are a consumer (This clause only applies if you are a consumer).
14.1 Unless otherwise expressly agreed by us, we only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15 Events outside our control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations:
a. we will contact you as soon as reasonably possible to notify you; and
b. our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.16 Communications between us
16.1 When we refer, in these Terms, to "in writing", this will include e-mail.
16.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by post (at your cost) to Woodfield Publishing Ltd at the address listed on our Contact page. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 7, please see that clause for how to tell us this.
16.3 If we need to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
16.4 If you are a business, please note that any notice given by you to us, or by us to you, 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.
17 Other important terms
17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 12 to the recipient of the gift without needing to ask our consent.
17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 12, but we and you will not need their consent to cancel or make any changes to these Terms.
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6 These Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England will have non-exclusive jurisdiction to resolve any dispute between us. For the avoidance of doubt, the United Nations Convention on the International Sale of Goods 1980 (Vienna Convention) shall not apply.