Terms and Conditions of Newsstand
This website is operated by JG Palmer LLP, company
registration number: OC303812, registered address:
37 St Margarets Street, Canterbury,
Kent) trading as
NewsStand (referred to as "NewsStand/we/our/us"). As user of this website
(referred to as "you/your") you acknowledge that any use of this website
including any transactions you make ("use/using") is subject to our terms and
conditions below (which includes any other important hyper-linked sections.
Please:
· Read through these terms and conditions
carefully before using this website
· Print a copy for future reference.
· Also read our Privacy Policy section
regarding your personal information.
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1. General
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1.1
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We reserve the right to change these terms and conditions at any time.
Any such changes will take effect when posted on the website (see date at the
top) and it is your responsibility to read the terms and conditions on each
occasion you use this website and your continued use of the website shall
signify your acceptance to be bound by the latest terms and conditions.
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1.2
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If you are not a consumer, you confirm that you have authority to bind
any business on whose behalf you use this website
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2. Order Process
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2.1
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Please see How to Use
this website section for information on how to place an order. All orders
that you place on this website will be subject to acceptance in accordance with
these terms and conditions.
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2.2
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The 'confirmation' stage sets out the final details of your order.
Following this, we will send to you an order acknowledgement email detailing the
products you have ordered. Please note that this email is not an order
confirmation or order acceptance from NewsStand.
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2.3
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Acceptance of your order and the completion of the contract between you
and us will take place on despatch to you of the products ordered unless we have
notified you that we do not accept your order or you have cancelled it.
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2.4
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We do not file details of the terms and conditions with your order for
you to subsequently access direct on this website, and therefore, please print
out these terms and conditions and the order acknowledgement for your own
records.
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3. Delivery
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3.1
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The costs of subscriptions listed on this website include delivery using
First Class Post office delivery within the UK and where
applicable a Priority Airmail Service. We can accept no responsibility for any
issues that may get lost in the post.
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3.2
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Typically we will commence the subscription with the first available
issue 7 days following the date of the order. NewsStand shall be under no
liability for any delay or failure to deliver the products within estimated
timescales.
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3.3
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Risk of loss and damage of products passes to you on the date when the
products are delivered or on the date of first attempted delivery by us.
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3.4
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Occasionally and when you have taken advantage of a magazine publisher offer, some or all of your subscription will be fulfilled but that publisher or their appointed agents. Newsstand will always provide advice and customer service in these instances although the publisher will be the main point of contact.
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4. Payment
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4.1
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We take payment from your card at the time we receive your order, once we
have checked your card details.. Goods are subject to availability. In the event
that we are unable to supply the goods, we will inform you of this as soon as
possible. A full refund will be given where you have already paid for the goods.
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4.2
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The price you pay is the price displayed on this website at the time we
receive your order apart from the following exception:
While we try and ensure that all prices on our website are accurate, errors may
occur. If we discover an error in the price of goods you have ordered we will
inform you as soon as possible and give you the option of reconfirming your
order at the correct price or cancelling it. If we are unable to contact you we
will treat the order as cancelled. If you cancel and you have already paid for
the goods, you will receive a full refund.
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4.3
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Payment can be made by any method specified in
How to Use this website.
For information about secure on-line ordering see
Security.
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4.4
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Title to any products you order on this website shall pass to you on
delivery of the products provided that we have processed and received payment in
full for the products.
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5. Returns, Cancellations and
Substitutions
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5.1
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The detailed information on magazines is largely provided by the
magazines themselves and we can offer no warranty as to their accuracy.
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5.2
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If you are not satisfied with the subscription you have ordered, you can
change to an alternative subscription of equivalent value.
Email us. We will also
provide a refund on any issues outstanding subject to a 5% transaction fee,
should you wish to cancel your subscription at any time.
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6. Intellectual Property
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6.1
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You acknowledge and agree that all copyright, trademarks and all other
intellectual property rights in all materials and/or content made available as
part of your use of this website shall remain at all times vested in us or our
licensors. You are permitted to use this material only as expressly authorised
by us or our licensors.
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6.2
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You acknowledge and agree that the material and content contained within
this website is made available for your personal non-commercial use only and
that you may only download such material and content for the purpose of using
this website. You further acknowledge that any other use of the material and
content of this website is strictly prohibited and you agree not to (and agree
not to assist or facilitate any third party to) copy, reproduce, transmit,
publish, display, distribute, commercially exploit or create derivative works of
such material and content.
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7. Liability and Indemnity
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7.1
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Nothing in these terms and conditions excludes or limits liability for
death or personal injury caused by negligence, fraudulent misrepresentation, or
any other liability which may not otherwise be limited or excluded under
applicable law.
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7.2
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Subject to Section 7.1 above, NewsStand will use reasonable endeavours to
verify the accuracy of any information on the site but makes no representation
or warranty of any kind express or implied statutory or otherwise regarding the
contents or availability of the site or that it will be timely or error-free,
that defects will be corrected, or that the site or the server that makes it
available are free of viruses or bugs or represents the full functionality,
accuracy, reliability of the website NewsStand will not be responsible or liable
to you for any loss of content or material uploaded or transmitted through the
website and NewsStand accepts no liability of any kind for any loss or damage
from action taken or taken in reliance on material or information contained on
the site.
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7.3
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Subject to Section 7.1 above, other than as expressly provided in these
terms and conditions with respect to specific products and except for the
exclusive remedies set out at Section 5 above, any indemnities, warranties,
terms and conditions (whether express or implied) are hereby excluded to the
fullest extent permitted under applicable law.
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7.4
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Subject to Section 7.1 above, NewsStand will not be liable, in contract, tort
(including, without limitation, negligence), pre-contract or other
representations (other than fraudulent on negligent misrepresentations) or
otherwise out of or in connection with the terms and conditions for any:
· economic losses (including without
limitation loss of revenues, data, profits, contracts, business or anticipated
savings); or
· loss of goodwill or reputation; or
· special or indirect losses
suffered or incurred by that party arising out of or in connection with the
provisions of any matter under these terms and conditions.
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7.5
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Notwithstanding the above, subject to Section 7.1 NewsStand' aggregate
liability (whether in contract, tort or otherwise) for loss or damage shall in
any event be limited to a sum equal to the amount paid or payable by you for the
product(s) in respect of one incident or series of incidents attributable to the
same clause.
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7.6
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This clause 7 does not affect your statutory rights as a consumer, nor
does it affect your contract cancellation rights.
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7.7
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We will take all reasonable precautions to keep the details of your order
and payment secure, but, unless we are negligent, we cannot be held liable for
any losses caused as a result of unauthorised access to information provided by
you.
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8. Miscellaneous Provisions
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8.1
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The contract between us shall be governed by the laws of England and any dispute between us will be resolved
exclusively in the courts of England. English is the only language
offered for the conclusion of the contract.
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8.2
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We have selected our products on the basis that they will be used for
domestic use only, if you are planning to use them for business purposes please
make sure that you are covered by appropriate insurance.
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8.3
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NewsStand shall be under no liability for any delay or failure to deliver
products or otherwise perform any obligation as specified in these terms and
conditions if the same is wholly or partly caused whether directly or indirectly
by circumstances beyond its reasonable control.
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8.4
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To provide increased value to our customers, we may provide links to
other websites or resources for you to access at your sole discretion. You
acknowledge and agree that, as you have chosen to enter the linked website we
are not responsible for the availability of such external sites or resources,
and do not review or endorse and are not responsible or liable, directly or
indirectly, for (i) the privacy practices of such websites, (ii) the content of
such websites, including (without limitation) any advertising, content,
products, goods or other materials or services on or available from such
websites or resources or (iii) the use to which others make of these websites or
resources, nor for any damage, loss or offence caused or alleged to be caused
by, or in connection with, the use of or reliance on any such advertising,
content, products, goods or other materials or services available on such
external websites or resources.
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8.5
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You may not assign or sub-contract any of your rights or obligations
under these terms and conditions or any related order for products to any third
party unless agreed upon in writing by NewsStand.
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8.6
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NewsStand reserves the right to transfer, assign, novate or sub-contract
the benefit of the whole or part of any of its rights or obligations under these
terms and conditions or any related contract to any third party.
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8.7
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If any portion of these terms and conditions is held by any competent
authority to be invalid or unenforceable in whole or in part, the validity or
enforceability of the other sections of these terms and conditions shall not be
affected.
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8.8
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These terms and conditions do not create or confer any rights or benefits
enforceable by any person that is not a party (within the meaning of the U.K.
Contracts (Rights of Third Parties) Act 1999) except:
a) the NewsStand Retail Group (as defined below) shall have the right to enforce
any rights or benefits under these terms and conditions;
b) the NewsStand Retail Group shall have the right to enforce and take the
benefit of the rights or benefits of any limitation or exclusion or limitation
of liability in these terms and conditions;
c) a person who is a permitted successor or assignee under Section 8.8 above of
the rights or benefits of these terms and conditions may enforce such rights or
benefits.
d) No consent from the persons referred to in Section 8.9 is required for the
parties to vary or rescind these terms and conditions (whether or not in any way
that varies or extinguishes rights or benefits in favour of such third parties).
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8.9
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No delay or failure by NewsStand to exercise any powers, rights or
remedies under these terms and conditions will operate as a waiver of them nor
will any single or partial exercise of any such powers, rights or remedies
preclude any other or further exercise of them. Any waiver to be effective must
be in writing and signed by an authorised representative of NewsStand.
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8.10
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These terms and conditions including the documents or other sources
referred to in these terms and conditions supersede all prior representations
understandings and agreements between you and NewsStand relating to the use of
this website (including the order of products) and sets forth the entire
agreement and understanding between you and NewsStand for your use of this
website.
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The NewsStand website is operated by
Denaploy Limited acting on behalf of LG
Palmers LLP.