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BRC Bookshop Terms and Conditions of Sale v2.1

This page (together with our Website Terms and Conditions of Use and Privacy Policy ) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the publications in both hard copy and PDF formats (Publications) listed on our website (our site) to you.

These Terms will apply to any contract between us for the sale of Publications to you (Contract) pursuant to website orders and orders placed by telephone, post or email and are entered into on the assumption that you are contracting as business and not as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or any other applicable consumer legislation. If this is not the case, you should let us know and we will provide you with our terms and conditions for the sale of our Publications to consumers. Please read these Terms carefully and make sure that you understand them, before ordering any Publications from us. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Publications from us.

We amend these Terms from time to time as set out in clause 5. Every time you wish to order Publications, please check these Terms to ensure you understand the terms which will apply at that time.

1. Information about us

1.1 We operate the website www.brcbookshop.com and have been authorised by BRC Trading Ltd. who is the copyright holder in the Publications to sell the Publications. We are ili Limited, trading as SAI Global, a company registered in England and Wales under company number No. 5605930 and with our registered office at SAI Global, Partis House, Davey Avenue, Knowhill Milton Keynes, MK5 8HJ. Our main trading address is Index House, Ascot, Berkshire SL5 7EU our VAT number is GB 896 1037 03

1.2 Contacting us. You may contact us by telephoning our customer service team at 0203 327 3141 or by e-mailing us at support@brcbookshop.com. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 13.2.

2. Use of our site

Your use of our site is governed by our Website Terms and Conditions of Use and Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

3. How we use your personal information We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

4. How the contract is formed between you and us

4.1 Our shopping pages will guide you through the steps you need to take to register for a My Account to be set up on our site in order to place an order with us. 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 stage of the order process.

4.2 After you place an order, you will be directed to the Sagepay payment gateway website in order to make payment. The Contract between us will be formed when you have received confirmation that payment has been received by us in full.

4.3 Upon receipt of payment, you will receive an e-mail confirmation of your order following which you will be directed back to your My Account section on our site from which any PDF’s you have ordered will be available for download and in the case of orders for hardcopies a timeframe within which delivery will be made.

5. Our right to vary these Terms

5.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.

5.2 Every time you order Publications from us, the Terms in force at the time of your order will apply to the Contract between you and us.

6. Restrictions on Use

6.1 You will not without our prior written consent resell, loan or part with possession of the Publications or any part of them.

6.2 If you purchase the Publication in a PDF format it will be on the basis that it is being licensed to a sole named user who is permitted to install a single electronic copy of it for use on a single computer. Such user may print off a single hard copy. Further reproduction of the single printed copy is not permitted.

6.3 If you purchase a hard copy of the Publication then you may not make an additional copy in any format, electronic or otherwise.

6.4 Copyright subsists in the Publications. Except as permitted under the Copyright, Designs and Patents Act 1988 and under this clause 6, you may not reproduce the Publications in whole or in part without our prior written permission.

7. Delivery

7.1 We will deliver the Publications to you within the timescale indicated in your My Account. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 12 for our responsibilities when this happens.

7.2 Delivery of an Order shall be completed when we deliver the Publications to the address you gave us and the Publications will be your responsibility from that time.

7.3 Subject to Clause 6 above, you own the Publications once we have received payment in full, including all applicable delivery charges.

8. International delivery

8.1 We do not deliver to those countries listed in Annex 1 so please review the information on that page regarding countries we do not deliver to carefully before ordering any Publications.

8.2 If you order any Publications 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 Publications are destined. We will not be liable or responsible if you break any such law.

9. Price of publications and delivery charges

9.1 The prices of the Publications will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Publications are correct at the time when the relevant information was entered onto the system.

9.2 Prices for our Publications may change from time to time, but changes will not affect any order you have already placed.

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 Publications 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 advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page on Annex 2.

10. How to pay

10.1 You can only pay for Publications using a debit card or credit card. The Sagepay service we use determines the type of credit or debit cards accepted.

10.2 Payment for the Publications and all applicable delivery charges is in advance.

11. Warranties and Liability

11.1 We only supply the Publications for internal use by your business, and you agree not to use the Product for any resale purposes.

11.2 Nothing in these Terms limits or excludes our liability for:


(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

11.3 Subject to clause 11.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:


(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.

11.4 Subject to clause 11.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Publications.

11.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Publications. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Publications are suitable for your purposes.

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.

12.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a) we will contact you as soon as reasonably possible to notify you; and
(b) 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 Publications to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

12.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Publications you have already received and we will refund the price you have paid, including any delivery charges.

13. Communications between us

13.1 When we refer, in these Terms, to "in writing", this will include e-mail.

13.2

(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
(c) 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.
(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

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, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

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. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

14.6 you may also bring proceedings in Scotland.

14.7 Any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

14.8 We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).

Annex 1

International Delivery Destinations Areas of the world not covered by our delivery partners;

Central African Republic - CF
Comoros
Cuba
Equatorial Guinea - GQ
Falklands
Guinea Bissau - GW
Iran - IR
Johnston Island
Kiribati Korea, North (North Korea)
Mayotte Island Myanmar - MM
Nauru
Niue
Saint Pierre Et Miquelon
Sao Tome & Principe
Sierra Leone - SL
Solomon Islands
Somalia - SO
St. Helena (S. Atlantic)
Sudan - SD
Syria - SY
Tajikistan
Tokelau Islands
Turkmenistan, Republic Of - TM
Tuvalu
Wake Islands

Annex 2

Current Postage Charges as at 1st November 2014

There are three tariffs, and a per additional book calculation:

UK £4.00 (using Royal Mail) add 10% per book to base charge
Europe £9.00 (using GlobalMail) add 10% per book to base charge
Rest of the world £30.00 (using DHL courier) add 10% per book to base charge

These tariffs may change on a regular basis depending on third party charge rates. 1