1.1 In these terms and conditions, the
following words have the following meanings:
Computer Bookshops Ltd;
you, the consumer;
any CDs, DVDs and other electronic and/or digital media supplied by
the Company to you and the Online Services;
the person actually using the Electronic Products (whether or not
an end user licence agreement to be entered into between the End
User and the owner of the rights in the Electronic Products;
any and all physical products which the Company sells to you,
including but not limited to any computer and business books,
Electronic Products (excluding Online Services) and associated
actions, awards, costs, claims, damages, losses (including without
limitation any direct or indirect consequential losses), demands,
expenses, loss of profits, loss of reputation, judgments, penalties
and proceedings and any other losses and/or liabilities;
any online training and other internet services provided by or sold
by the Company to you;
any Goods and Electronic Products which the Company supplies to you;
the Company’s relevant website.
2. Basis of
2.1 The Company shall sell and you shall
purchase the Products in accordance with any order of yours which is
accepted by the Company, subject to these terms and conditions.
2.2 The Company may modify these terms and
conditions at any time (visit the Website for the latest version). The modifications will only apply in respect of orders placed and
accepted by the Company after the date the modifications are made.
2.3 These terms and conditions shall govern the purchase and
sale of the Products except where varied by agreement in writing signed
by a director of the Company, to the exclusion of any other terms and
conditions including any terms or conditions in the Customer's
3.1 No order will be deemed accepted by the
Company until an order confirmation is sent out by the Company or the
order is fulfilled.
3.2 All details of the Products on the
Website are as accurate as possible. The
Company will rectify any error as soon as it becomes aware of it. Details and/or specifications for the Products are intended as a
guide only. If you have placed
an order for Products and the Company becomes aware of a material error in
the details and/or specifications for the Products, the Company shall
inform you and you may (within a reasonable period of time of receiving
notice) either confirm your order or cancel it. Failure to respond will mean that the Company may treat the order
as having been confirmed. If
you cancel your order, the Company will refund any monies already paid to
it by you in respect of that order.
3.3 The Company shall have the right to
refuse to accept any order for Products for any reason.
4.1 Current delivery prices are available on
the Website and from the Company on request.
4.2 No delivery charges will apply
to your purchases of Online Services.
4.3 Claims for non delivery in the UK
must be made within 7 days of notification of despatch (14 days outside UK).
Claims for damages or short delivery must be made within 7 days
following the day the Goods were delivered.
4.4 Any dates quoted for delivery of the
Products are approximate only and are subject to any matter outside the
Company’s reasonable control. As
a general rule, the Company will, subject to availability, ship the Goods
within 24 hours of accepting your order and will endeavour to complete
your order within 14 days.
4.5 The Company may (in its absolute
discretion) deliver the Products itself or through a third party.
4.6 Delivery for Online Services will occur
as and when the Company sends subscription details to you.
4.7 Delivery of Goods will be made to the
address specified in your order. Any delivery requirements for Goods outside mainland
and Northern Ireland
addresses must be agreed by the Company.
5. Electronic Products
5.1 If you purchase Electronic Products from
5.1.1 the Electronic Products may be provided
by various organisations throughout the world and, as such, may be subject
to the third party’s jurisdiction’s export laws. The Company may cancel your order for the Electronic Products if it
and/or the service provider is legally unable to supply the Electronic
Products to you;
5.1.2 you agree to be bound (where applicable)
by a separate EULA which will be provided to you as and when your order
for the purchase of the Electronic Products is completed or with the Goods
(as appropriate). The content
of the EULA will depend on the service provider who supplies the
Electronic Products and will form a contract between the service provider
and you and govern your use of the Electronic Products;
5.1.3 in respect of Online Services you will
have a time limited subscription, allowing you to access the Online
Services at any time during the subscription period;
5.1.4 in respect of each online subscription
for Online Services, you undertake that only you will view and access the
Online Services. You will be
allocated a user name and password. You
are responsible for all use of the Online Services by anyone using your
5.1.5 you agree that you have no rights and/or
interest in the Electronic Products other than as set out in these terms
and conditions and/or the EULA;
5.1.6 you accept that, as Online Services are
provided via the internet, the Company cannot guarantee continuous access
and availability of Online Services. The
Company will try and inform you in advance of any planned downtime and
will use its reasonable endeavours to keep such downtime to a minimum.
The Company makes no such commitment in respect of any emergency
downtime and/or downtime of the service provider who supplies Online
Services and on whose server Online Services are held;
5.1.7 you shall use your best endeavours to
prevent unauthorised use, access, duplication or alteration of Electronic
Products and will advise the Company on becoming aware of any such
5.1.8 you must use the Electronic Products
solely for your own private use and must not assign, distribute, copy, publicly display,
rent, timeshare and/or otherwise deal with your rights to be able to
access and use the Electronic Products and/or any of the content of the
Electronic Products (other than as permitted by the EULA);
5.1.9 you must not modify, adapt, edit or
otherwise create a derivative work of the Electronic Products or remove or
deface any proprietary notice of the owner contained on and/or in the
5.1.10 you must not reverse engineer, decompile
or disassemble the Electronic Products except to the extent such
restriction is not permitted by law;
5.1.11 any issues and queries which arise in
respect of access to and/or use of the Electronic Products should
initially be directed to the Company; and
5.1.12 irrespective of your rights of
cancellation in accordance with clause 4, provided that you have not
accessed the Online Services and activated your subscription, within a
period up to 3 months from the initial date of purchase the Company may
(at its discretion) agree to cancel the subscription and allow you to
exchange the subscription for any other Goods offered for sale by the
Company which have an equivalent monetary value to the subscription.
6.Prices and Payment
6.1 Prices charged will be the price listed
in the Company’s then current price list and/or on the Website at the
time of the Company’s acceptance of the order for the Products unless
otherwise agreed between the Company and you.
6.2 All prices are listed inclusive of VAT
and any delivery charges (where relevant) are shown separately. If the Company discovers an error in the prices, it will inform you
as soon as possible and give you the option of either continuing with the
order for the affected Products at the correct price or cancelling the
affected element of the order. Any
monies paid in advance for any such cancelled Products shall be refunded
by the Company.
6.3 Payment is due at the time you place the
order unless otherwise agreed in writing with the Company. The Company
will not dispatch any orders until it receives payment in full and in
cleared funds for that order.
6.4 The Company retains title in all Goods
supplied until such time as the Company has been paid for all Goods it has
supplied to you in full and in cleared funds.
7.1 You are advised to examine the Goods as
soon as reasonably possible after delivery. Any defects and/or faults in the Products must be notified to the
Company as soon as is reasonably possible after discovery of the defect
and/or fault. Other than for
the provision of faulty or defective Online Services, the Company may
require the return of any faulty Goods before the Company provides (at
your option) a replacement and/or a refund of the purchase price but will
refund any reasonable costs incurred by you in returning the Goods if they
prove to be faulty.
8.1 Risk of damage or loss to the Goods shall
pass to you at the time of the delivery to the agreed address, or if you
fail to take delivery of the Goods, the time when the Company has tendered
delivery of the Goods.
9.1 So far as the Company is aware, the
Products do not infringe any intellectual property rights of any person,
nor do they contain any material which is defamatory or obscene. However, no warranty or indemnity to this effect is provided by the
10. Data Protection
10.1 In placing an order with the Company, you
will be asked to provide certain personal information such as contact
details and credit card or other payment information. The Company will comply with the requirements of all data
protection legislation in force in England
and Wales from time to time (where applicable).
Company will use your personal data (as defined by data protection
legislation) (i) to process your account and order; (ii) to administer its
business; (iii) for the purposes of assessment and analysis (e.g. market,
customer and product analysis); and (iv) for informing you of products
and/or services it may offer in the future which may be of interest.
The Company may also disclose customer information to anyone to
whom it transfers or may transfer its business and/or its rights and
duties under its contract with you or to the police or any other
regulatory or government authority where it is legally required to do so.
Any objections to use your personal data must be made to Customer Services
11.1 The Company shall have no Liability for
any loss of profits, business or revenue, damage to goodwill and/or
11.2 The Company shall have no Liability for
any loss that was not reasonably foreseeable by the Company at the time
the Company accepted your order.
11.3 Each of the limitations and/or exclusions
in this Agreement shall be deemed to be repeated and apply as a separate
provision for each of: (i) Liability in contract (including fundamental
breach); (ii) Liability for breach of duty of care (including
negligence); (iii) Liability for breach of statutory duty; and (iv)
Liability for breach of Common law and/or under any other legal basis
except that the clause above placing financial caps on the Company’s
Liability shall apply once in respect of all of the said types of
11.4 The Company does not warrant that your
use of the Electronic Products will be uninterrupted and/or error free.
11.5 Nothing in these terms and conditions
shall exclude or limit the Company’s Liability for death or personal
injury due to its negligence or any liability which is due to its fraud
and/or any of your statutory rights which may not be excluded or limited
due to you acting as a consumer and/or due to any applicable law.
11.6 Any provision, which would be void under
any consumer protection legislation or other legislation shall, to that
extent, have no force or effect. For
further information about consumers’ statutory rights, you may contact
your local Trading Standards department or Citizen’s Advice Bureau.
12.1 The failure of either party in any one or
more instances to insist on strict performance of one or more of the terms
of this Agreement or to exercise any right or remedy under this Agreement
or at law will not be construed as a waiver of any subsequent breach of
the same term, any breach of any other term nor of the right to enforce
another such right or remedy or the same right or remedy arising on
12.2 If any provision of this contract is held
by the parties or by any court or competent authority to be illegal,
invalid or unenforceable in whole or in part under any enactment or rule
of law, that provision will be deemed to be deleted and not to form part
of this contract and the enforceability of the remainder of this contract
will not be affected thereby. If
any provision of this contract is so broad as to be held unenforceable,
such provision will be interpreted to be only so broad as is enforceable.
12.3 A person who is not a party to this
contract has no right under the Contracts (Rights of Third Parties) Act
1999 to enforce any term of this contract, but this does not affect any
right or remedy of a third party which exists or is available apart from
12.4 The Company shall have no liability for
any delay in performance to the extent that such delay is due to any event
outside its reasonable control including but not limited to acts of God,
war, flood, fire, labour disputes, subcontractor and supplier delays,
strikes, lock-outs, riots, civil commotion, malicious damage, explosion,
governmental actions and any other similar events. If the Company is affected by any such event then time for
performance shall be extended for a period equal to the period that such
event or events delayed such performance.
12.5 Any notice or other information required
or authorised by this contract to be given by either party to the other
may be given by hand or sent by registered post, courier, or facsimile
transmission to the other party at their registered office address or any
other address notified by one party to the other.
12.6 The Company keeps copies of all contracts
it enters into for a period of 6 years.
12.7 This contract shall be governed by
English Law and the parties hereby submit to the exclusive jurisdiction of
the English Courts.
12.8 All contracts for the sale of Products
are placed with Computer Bookshops Limited (registered in
under company number: 01386108) whose registered office is at 205 Formans Road,
Sparkhill, Birmingham, B11 3AX. The Company’s VAT number
is GB378247908. All comments
and queries regarding the services should be directed to GK Bookshop, 205
Formans Road, Sparkhill, Birmingham, B11 3AX; email
or Telephone +44 (0)121 702 2828.
Amended 06 January 2009.