Conditions of use

Terms of Sale:

1. INTRODUCTION

We are Hamelin Brands Limited, trading as Hamelin Brands Limited, and we are supplying goods to you. Hamelin Brands Limited is registered in England with company number 5680323 and our registered office is Kings Warren Business Park, Red Lodge, Suffolk IP28 8WG.

Any order placed with us incorporates these standard sale conditions and
• the price agreed, and
• the delivery or collection details.

That is the whole of our agreement for this supply and supersedes any previous agreement we may have had in relation to it. No variation to the agreement is valid unless it is in writing and either signed or specifically agreed to in writing by our authorised representative. Notwithstanding the above, no variation to these standard sale conditions is valid unless it is in writing and signed by one of our Executive Directors.

We are responsible for making the supply to you, but we may arrange to do so through agents or subcontractors.

2. CANCELLATION AND VARIATION

You may cancel your order at any time before the supply is made. If you do, you are to pay us on demand a reasonable cancellation charge which takes into account all work we have done under the agreement, all costs we have incurred and any costs we are committed to pay, and our loss of profit.

If you ask us to vary your order and agree with us an appropriate variation to the price and to the timescale for delivery, we agree to make the supply in accordance with those variations. We may vary the price by an amount sufficient to cover any significant increase in the cost of materials or other costs we incur to fulfil your order. If you have received your order of our standard exercise books with no personalisation and you have ordered the wrong products, then please contact us. We will endeavour to replace these books, however there will be an admin charge of £50 and if different specification is required the cost difference will be charged.

3. PRICE

Unless otherwise stated you are to pay, in addition to the agreed price, applicable VAT and any other tax imposed on the supply.

4. PAYMENT

We will invoice you once the goods have been dispatched for delivery. You are to pay the invoice within 30 days of the end of the month shown on the invoice. If you have a claim against us you must pay by the due date the amount not in dispute.

5. WARRANTY AND DEFECTS

We warrant to you that the goods will be at the time of delivery free from any material defect due to faulty materials and workmanship and that any services will be provided with reasonable skill and care so long as:


• you give us full details of any defect immediately it becomes apparent
• the goods have not, in our view, suffered excess wear and tear by improper or careless use or storage, excessive stressing or the like.

All implied warranties or conditions are excluded to the extent permitted by law.

If you endorse on the delivery note that goods are unexamined and within 3 days of delivery notify us in writing of any defects we may, after inspecting the goods (and if we are satisfied that their condition has not deteriorated following delivery) at our discretion repair or replace the defective goods, or take them back and refund the price.

6. DELIVERY

All orders that are of a total value of £250 after any discounts applied to your order will be delivered to you free of charge. Any orders of £249.99 and below, after any discounts applied to your order will be subject to a £30 delivery charge.

We are to use reasonable endeavours to have the goods ready when agreed, but this is only an estimate of the delivery date. You can only refuse to accept delivery after that date if:
• after the date of our acknowledgement of your order you have sent us a written notice specifying a deadline date and
• we have specifically accepted that deadline date in writing.

You must notify us of any claims in respect of short deliveries within 3 days of receipt of the goods.

7. PACKAGING

We decide the appropriate method of packaging. Packages and wrappers are free and nonreturnable.

8. CUSTOMER ARTWORK

You are responsible for the quality of the artwork imagery you provide.

9. PASSING OF RISK AND TITLE

The goods are at your risk when they are unloaded at the delivery address.

The goods do not belong to you until we have received payment in cash or cleared funds of the price.

10. TERMINATION

Either of us may terminate this agreement immediately on written notice if the other is in breach of an obligation and cannot put it right or does not put it right within 21 days of receiving notice to do so. On termination any existing claims which either of us has against the other remain in force.

We may terminate this agreement immediately on notice if we reasonably believe that you will not be able to pay the price or other payments when due and in that event, we have no further liabilities under the agreement.

11. LIABILITIES

We do not seek to exclude or restrict our liability for death or personal injury caused by our negligence; or for fraud or fraudulent misrepresentation.

Where we or our employees or agents negligently damage your property when delivering goods, our total liability to you in respect of an event or series of connected events is limited to £500,000.

In respect of any other claims our liability is limited, to the maximum extent permitted by law, to any direct loss or damage up to the amount of the price paid for the goods giving rise to the claim.

We have no liability (directly or indirectly) for loss of business, revenue, opportunity or profits, anticipated savings or wasted expenditure, corruption or destruction of computer data or for any indirect or consequential loss whatsoever.

Neither of us is liable for any failure to fulfil our obligations to the other where such failure is due to circumstances beyond our reasonable control.

You agree to pay us on demand an amount sufficient to cover all liability, claims (including, but not limited to, any claim from a third party that we have infringed any intellectual property rights in the work carried out), damages, loss and expenses which may arise either directly or indirectly resulting from our acting reasonably in accordance with your instructions.

12. GENERAL

No benefits are to be conferred on any third party by this agreement.

If part of this agreement is invalid or unenforceable that does not affect the remainder. Invalidity or unenforceability in one jurisdiction does not affect validity or enforceability in another.

Unless you object in writing, we may put your name and other details into a computerised directory. This will be only for our use and that of any other company within Group Hamelin worldwide.

This agreement and its subject matter are confidential and must not be disclosed to any person without our permission.

Any reference in the agreement to communications, being written or in writing includes electronic forms of communication such as e-mail. If we communicate with you electronically, it will be effective from when it leaves our mailbox. Any electronic communication from you to us will be effective when it arrives in our mailbox.

Provisions relating to warranties, limitation of liability, intellectual property, confidentiality and obligations on termination survive termination or expiration of the agreement.

Nothing in this agreement shall affect the rights of Consumers.

English law applies to the agreement. We both accept the jurisdiction of the English Courts. We may also bring proceedings against you in other jurisdictions.

Use of Site:

BACKGROUND:

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.exercisebooksdirect.co.uk (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

1. Information About Us

Our Site, www.exercisebooksdirect.co.uk, is owned and operated by Hamelin Brands Limited, a limited company registered in England under 05680323, whose registered address is Kings Warren Business Park, Red Lodge, Suffolk, IP28 8WG. Our VAT number is GB 864474983.

2. Access to Our Site

2.1 Access to Our Site is free of charge. 2.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site. 2.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

3. Intellectual Property Rights

3.1 All Content included on Our Site and the copyright and other intellectual property rights subsisting in that

Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties. 3.2 Subject to sub-Clause[s] 4.3 and 4.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us. 3.3 You may: 3.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app); 3.3.2 Download Our Site (or any part of it) for caching; 3.3.3 Print one copy of any pages from Our Site; 3.3.4 Download extracts from pages on Our Site; and 3.3.5 Save pages from Our Site for later and/or offline viewing. 3.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged. 3.5 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers. 3.6 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

4. Links to Our Site

4.1 You may link to Our Site provided that: 4.1.6 You do so in a fair and legal manner; 4.1.7 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists 4.1.8 You do not use any logos or trade marks displayed on Our Site without Our express written permission; and 4.1.9 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

5. Links to Other Sites

Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

6. Disclaimers

6.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. 6.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. 6.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

7. Our Liability

7.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site. 7.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site. 7.3 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage. 7.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site. 7.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship. 7.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

8. Viruses, Malware and Security

8.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware. 8.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks. 8.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site. 8.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site. 8.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means. 8.6 By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

9. Acceptable Usage Policy

9.1 You may only use Our Site in a manner that is lawful. Specifically: 9.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations; 9.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent; 9.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and 9.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way. 9.2 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions: 9.2.1 suspend, whether temporarily or permanently, your right to access Our Site; 9.2.2 issue you with a written warning; 9.2.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach; 9.2.4 take further legal action against you as appropriate; 9.2.5 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or 9.2.6 any other actions which We deem reasonably appropriate (and lawful). 9.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

10. Privacy and Cookies

Use of Our Site is also governed by Our Privacy and Cookie available in the Terms and Conditions section of this site.

11. Changes to these Terms and Conditions

11.1 We may alter these Terms and Conditions at any time. [If We do so, details of the changes will be highlighted at the top of this page.] Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time. 11.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

12. Contacting Us

To contact Us, please email Us at exercisebooks@hamelinbrands.com or using any of the methods provided on Our contact page

13. Communications from Us

13.3 If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions. 13.4 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 5 business days for Us to comply with your request. During that time, you may continue to receive emails from Us. 13.5 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at exercisebooks@hamelinbrands.com, 0800 2545052 or via post at Exercise Books Direct, Hamelin Brands Limited, Kings Warren Business Park, Red Lodge, Suffolk, IP28 8WG

14. Data Protection

14.1 Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act. 14.2 We may use your personal information to: 14.2.1 Reply to any communications you send to Us; 14.2.2 [Send you important notices, as detailed in Clause 14;] 14.3 We will not pass on your personal information to any third parties.

15. Law and Jurisdiction

15.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law. 15.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency. 15.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.