This page (together with our
Privacy Policy and
Terms of Website Use)
tell 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 between us 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 creating an account you will be
asked to agree to these Terms. If you refuse to accept these Terms,
you will not be able to create an account or order any Products from our site.
You should print a copy of these Terms or save them to your computer
for future reference.
We amend these Terms from time to time as set out in clause 5. 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
were most recently updated on 12th October 2013.
These Terms, and any Contract between us, are only in the English
language.
1. Information about us
- 1.1
- This website is run by Dr Nicola Talbot trading as
Dickimaw Books (“We”, “Our”). We operate from 47 The Street,
Saxlingham Nethergate, Norwich, NR15 1AJ. To contact us, please see
our Contact page.
2. Our Products
- 2.1
- The images of the Products on our site are for
illustrative purposes only. Although we have made every effort to
display the colours accurately, we cannot guarantee that your
computer's display of the colours accurately reflect the colour of
the Products. Your Products may vary slightly from those images.
- 2.2
- 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 if made.
3. General
- 3.1
- If you are a consumer, you may only purchase
Products from our site if you are at least 18 years old.
- 3.2
- As a consumer, you have legal rights in relation
to Products that are faulty or not as described. Advice about your
legal rights is available from your local Citizens' Advice Bureau or
Trading Standards office. Nothing in these Terms will affect these
legal rights.
4. How the contract is formed between you and us
- 4.1
- 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 page of the order process.
- 4.2
- After you place an order, you will receive an
e-mail from us acknowledging that we have received your order. This
does not mean that your order has been accepted.
- 4.3
- We will confirm our acceptance to you by sending
you an e-mail that confirms that the Products have been dispatched
(Dispatch Confirmation). The Contract between us will only be
formed when we send you the Dispatch Confirmation.
- 4.4
- If we are unable to supply you with a Product, we
will inform you of this by e-mail and we will not process your
order.
5. Our right to vary these terms
- 5.1
- We may revise these Terms from time to time to,
among other things, reflect changes in how we accept payment from
you and changes in relevant laws and regulatory requirements.
- 5.2
- Every time you order Products from us, the Terms
in force at that time will apply to the Contract between you and us.
We recommend that you revisit this page regularly to check whether
any changes have been made by checking the date on which they were
most recently updated (see above).
6. Your right of return and refund
- 6.1
- As a consumer, you have a legal right to cancel a
Contract (under the Consumer Protection (Distance Selling)
Regulations 2000) during the period set out below in clause 6.3.
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 Contract
and receive a refund. Advice about your legal right to cancel the
Contract under these regulations is available from your local
Citizens' Advice Bureau or Trading Standards office.
- 6.2
- Please note that if you choose to take advantage
of our Inscription Service which is offered on the Checkout page the
Product containing the inscription will be deemed to be a bespoke
product and as such you will not have the right to cancel the
Contract in relation to that Product. This is in line with
provisions of the Consumer Protection (Distance Selling) Regulations
2000.
- 6.3
- Your legal right to cancel a Contract starts from
the date of the Dispatch Confirmation, which is when the Contract
between us is formed. If the Products have already been delivered to
you, you have a period of 7 (seven) working days in which you may
cancel, starting from the day after the day you receive the
Products. Working days means that Saturdays, Sundays or public
holidays are not included in this period.
- 6.4
- To cancel a Contract, please contact us via our
Contact Page or use the shop's email address (the reply address in order confirmation emails). You may
wish to keep a copy of your cancellation notification for your own
records. If you send us your cancellation notice by e-mail then your
cancellation is effective from the date you sent us the e-mail.
- 6.5
- You will receive a full refund of the price you
paid for the Products and any applicable delivery charges you paid
for. We will process the refund due to you as soon as possible and,
in any case, within 30 calendar days of the day on which you gave us
notice of cancellation as described in clause 6.4. If you returned
the Products to us because they were faulty or mis-described, please
see clause 6.6.
- 6.6
- If you have returned the Products to us under
this clause 6 because they are faulty or mis-described, we will
refund the price of a defective Product in full, any applicable
delivery charges, and any reasonable costs you incur in returning
the item to us.
- 6.7
- We refund you on the credit card or debit card
used by you to pay.
- 6.8
- If the Products were delivered to you:
- 6.8.1
- you must return the Products to us as soon
as reasonably practicable;
- 6.8.2
- unless the Products are faulty or not as
described (in this case, see clause 6.6), you will be responsible
for the cost of returning the Products to us;
- 6.8.3
- you have a legal obligation to keep the
Products in your possession and to take reasonable care of the
Products while they are in your possession.
- 6.9
- Details of your legal right to cancel and an
explanation of how to exercise it are provided in the Dispatch
Confirmation.
7. Delivery
- 7.1
- Your order will be fulfilled by the estimated
delivery date set out in the Dispatch Confirmation, unless there is
an Event Outside Our Control (see clause 12 below). If we are unable
to meet the estimated delivery date because of an Event Outside Our
Control, we will contact you with a revised estimated delivery date.
- 7.2
- Delivery will be completed when our the Products
are delivered to the address you gave us.
- 7.3
- We only use Royal Mail Signed
For™/International Signed For™ delivery service or the Royal Mail
Special Guaranteed Delivery Service™, further information is
available on our delivery page.
If you are not available to sign for delivery then the Products will be taken to
your local sorting office, it is your responsibility to either
arrange a different time for delivery or collect the Product from
the sorting office.
- 7.4
- If you have not received the Products within 10
days or the date of the Dispatch Confirmation, please contact us either by sending an email to the shop or by using the site's
contact form.
- 7.5
- You own the Products once we have received
payment in full, including all applicable delivery charges.
8. International delivery
- 8.1
- We only deliver to countries supported by PayPal.
- 8.2
- 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 we cannot predict their amount.
- 8.3
- 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.
- 8.4
- 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.
9. Price of products and delivery charges
- 9.1
- The prices of the Products will be as quoted on
our site from time to time. We take all reasonable care to ensure
that the prices of Products are correct at the time when the
relevant information was entered onto the system.
- 9.2
- 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.
- 9.3
- The price of a Product includes VAT (where
applicable) at the applicable current rate chargeable in the UK for
the time being. However, if the rate of VAT changes between the date
of your order and the date of delivery, we will adjust the VAT you
pay, unless you have already paid for the Products in full before
the change in VAT takes effect.
- 9.4
- The price of a Product does not include delivery
charges. Our delivery charges are as quoted on our site from time to
time. To check relevant delivery charges, please refer to our
Delivery Charges page or if you require further
information please contact us via the shop email address or our Contact page.
- 9.5
- Our site contains a number of Products. It is
always possible that, despite our reasonable efforts, some of the
Products on our site may be incorrectly priced. If we discover an
error in the price of the Products you have ordered we will contact
you by email to inform you of this error and we will give you the
option of continuing to purchase the Product at the correct price or
cancelling your order. We will not process your order until we have
your instructions. If we are unable to contact you using the contact
details you provided during the order process, we will treat the
order as cancelled and notify you by email. Please note that if the
pricing error is obvious and unmistakeable and could have reasonably
been recognised by you as a mispricing, we do not have to provide
the Products to you at the incorrect (lower) price.
10. How to pay
- 10.1
- You can only pay for Products using PayPal. When
you arrive at the payment screen you will be redirected to PayPal to
make the payment. Once the transaction has been completed via PayPal
you will be redirected to our website. PayPal’s security details can
be found here. Information on how the PayPal works and
how to set up an account can be found here. Using
PayPal also means you are covered by PayPal’s
Buyer Protection.
11. Our liability
- 11.1
- Any Product we supply to you will be of
satisfactory quality. If they are not you should contact us for a
repair or replacement. If we are unable to repair or replace the
Product we will offer you a refund.
- 11.2
- If we fail to comply with these Terms, we are
responsible for loss or damage you suffer that is a foreseeable
result of our breach of these Terms or our negligence. Loss or
damage is foreseeable if they were an obvious consequence of our
breach or if they were contemplated by you and us at the time we
entered into the Contract.
- 11.3
- 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. Please note that we will look favourably on
any requests for permission to use the Products within an academic
setting (e.g. as a set course book), please contact us if you
require further details.
12. Events outside our control
- 12.1
- 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 12.2.
- 12.2
- 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.
- 12.3
- If an Event Outside Our Control takes place that
affects the performance of our obligations under a Contract:
- 12.3.1
- we will contact you as soon as reasonably
possible to notify you; and
- 12.3.2
- our obligations under a Contract 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.
13. Communications between us
- 13.1
- When we refer, in these Terms, to "in writing",
this will include e-mail.
- 13.2
- If you are a consumer you may cancel a Contract
by acting in accordance with clause 6. If you wish to contact us
in writing for any other reason, you can email the shop or use our Contact Page or send by
pre-paid post to Dr Nicola Talbot at 47 The Street, Saxlingham,
Nethergate, Norwich, NR15 1AJ. If we have 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.
14. Other important terms
- 14.1
- 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.
- 14.2
- You may only transfer your rights or your
obligations under these Terms to another person if we agree in
writing.
- 14.3
- This contract is between you and us. No other
person shall have any rights to enforce any of its terms.
- 14.4
- 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.
- 14.5
- 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.
- 14.6
- Please note that 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 and Wales will have
non-exclusive jurisdiction.