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TERMS AND CONDITIONS OF SUPPLY OF GOODS
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.abook2read.com (our site) to you.
Please read these terms and conditions carefully before ordering any Products from our site.
You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. Your status
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old;
2. How the contract is formed between you and us
2.1 Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. After placing an order, we will acknowledge that we have received it and confirm acceptance of your offer, by email (Acknowledgement email). The contract between us (Contract) will only be formed when we send you the Acknowledgement email.
2.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Acknowledgement email. We will not be obliged to supply any other Products, which may have been part of your order until such Products has been confirmed in a separate Acknowledgement email.
3. Availability and delivery
3.1 Delivery of the Product will be by download. The download will be accessible via a once payment has been processed, this is usually instantaneous.
4. Price and payment
4.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
4.2 These prices include VAT.
4.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Acknowledgement email.
4.4 Payment for all Products must be by credit or debit card. We accept payment via paypal. We will not charge your credit or debit card until we despatch your order.
5. Our liability
5.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
5.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement.
Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
5.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
5.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) loss of data, or
(g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise [, even if foreseeable];
provided that this clause 5.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 5.1 or clause 5.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 5.4.
5.5 Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions
6. Written communications
6.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
7. Notices
7.1 All notices given by you to us must be given to Life Of Riley Limited at admin@abook2read.com
We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 6 above.
Notice will be deemed received and properly served immediately when posted on our website, 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. Transfer of rights and obligations
8.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
8.2 You 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.
8.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
9. Events outside our control
9.1 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 events outside our reasonable control.
10. Waiver
10.1 A waiver by us of any default shall not constitute a waiver of any subsequent default.
11. Severability
11.1 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
12. Entire agreement
12.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
12.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
12.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.
13. Our right to vary these terms and conditions
13.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
13.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Acknowledgement email (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
14. Law and jurisdiction
14.1 Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England.
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