TERMS AND CONDITIONS OF SALE
INFORMATION ABOUT US
1.1. We are ACA Publishing (Company No. 06202316) of East Wing, Holmbush House, Crawley Road, Faygate, Horsham, West Sussex, RH12 4SE, UK (“ACA“, “we“, “us“, “our“).
1.2. This website (“our site“) is owned and operated by us.
1.3. If you have any questions about our site, our Products or your order, please visit our Contact Us Page.
INFORMATION ABOUT THESE TERMS
2.1. This page tells you information about us and the legal terms and conditions (“Terms“) on which we sell any of the products listed on our site (“Products“) to you.
2.3. Please read these Terms carefully before using our site. By using our site, you agree to be bound by these Terms.
2.4. Every time you wish to order Products, please check these Terms as we may have made changes to them since your last order and the Terms in force at the date of each order will apply. These Terms were last updated on 1 October 2018.
2.5. Please note if you are a consumer in the European Union, you have certain rights to cancel a Contract for Products and these rights are set out in more detail in Clause 8.
PURCHASING PRODUCTS FROM US
3.1. In order for you to purchase Products from our site, you need to be 18 years old. Please note that we are not obliged to accept any or all orders that you place with us. We also reserve the right to refuse to permit minors to use our site at our discretion.
3.3. In all cases, you are responsible for making sure that your details are correct and kept up to date.
3.4. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information you must notify us immediately by contacting us at email@example.com.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1. You may place an order for Products by completing the online checkout process on our site. Please take the time to check your order at each stage of the order process.
4.2. After you place an order for Products, you will receive an email from us acknowledging that we have received your order (“Acknowledgement Email“). This does not mean that your order has been accepted.
4.3. We may contact you to say that we do not accept your order for any reason (such as where the Products are unavailable or there has been a mistake on the pricing or description of the Products). We also reserve the right to limit or cancel quantities purchased per person, per household or per order.
4.4. We will confirm our acceptance of your order by sending you a further email (“Confirmation Email“). A legally binding Contract between you and us will only be formed when we send you an email confirming your order.
4.5. We will assign an order number to your order and tell you what it is when we send you the Acknowledgement Email. Please tell us the order number whenever you contact us about your order.
4.6. If we are unable to perform the whole or part of the Contract due to any cause or event beyond our reasonable control we may, by notice in writing to you, cancel or suspend the Contract in whole or in part without liability and without prejudice to our rights to receive payment of the price for all Products previously delivered. For further details of what constitutes an Event Outside Our Control, please see Clause 10.
5.1. The price of a Product will be as quoted on our site. Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed by sending you a Confirmation Email.
5.2. The stated price of a Product does not include Delivery Charges. Delivery charges applicable to your order will be notified to you prior to the point at which you place your order (please see Clause 7 below for further details about deliveries).
5.3. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any Products provided to you.
6.1. Payment authorisation must be provided by you on the date that you place an order for Products.
6.2. Payment will be debited from your account before despatch of the Products to you.
6.3. Upon receiving your order we will carry out a standard preauthorisation check on your payment card to ensure there are sufficient funds in order to fulfil the transaction. No payment is debited from your card during this preauthorisation check.
6.4. On some occasions, we are required by the card issuer to perform additional security checks on the payment card, which can delay the order until the card has been authorised.
6.5. You confirm that the credit/debit card that is being used is yours.
6.6. All Product prices and delivery charges are shown in UK pounds sterling. Your payment card company will perform any currency conversion, if necessary.
7.1. When ordering Products for delivery outside the United Kingdom, you may be subject to import duties and taxes, which are levied once the Products reach the specified destination. Any additional charges for delivering the Products to the specified delivery address (such as import duties and customs clearances) must be borne by you. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. When ordering from us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the Products. You are responsible for notifying your local customs office of your purchase. Please be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
7.2. The estimated date of delivery of your Products is set out in the Confirmation Email. All estimated dates of delivery are approximate only and, while we will endeavour to avoid delay, we will not be liable to you for any loss or damage arising from delay in delivery.
7.3. We may deliver the Products by instalments. Delivery charges will be those set out at the time at which you placed your order.
7.4. You are responsible for the Products when delivery has taken place. In other words, the risk in the Products passes to you when you take possession of the Products.
7.5. If you receive the wrong Products or Products are damaged in transit, you must contact us within 28 calendar days and confirm to us what has happened. Please see Clause 8 for more information on your right of return, refund and cancellation.
RIGHT OF RETURN, REFUND AND CANCELLATION
8.1. You may be able to cancel your Contract with us. Your rights when you end the Contract will depend on whether there is anything wrong with what you have bought and when you decide to cancel the Contract:
8.1.1. If what you have bought is faulty or wrongly described you may have a legal right to cancel the Contract (or to get the Products repaired or replaced or to get some or all of your money back). Please see clause 8.2 for further information;
8.1.2. If you have just changed your mind about the Products, you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of the Products. Please see clause 8.3 for further information.
8.2. If you wish to exercise your legal rights because the Products you have bought are faulty or wrongly described then please contact us immediately by visiting our Contact Us Page.
8.3. If you are a resident in the European Union, then you have the right to return purchased Products for a refund within 14 days of you receiving the Products for any reason.
8.4. To exercise the right to cancel, you must inform us of your decision to cancel the Contract by a clear statement (e.g. a letter sent by post to the above address or email to firstname.lastname@example.org). You can use the model cancellation form set out in the box below, but it is not obligatory.
To ACA Publishing
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
8.5. Once we receive your notice of your intention to cancel, we will send you a cancellation notification for your records, you may wish to keep a copy of your cancellation notification for your own records. Your cancellation will be effective from the date you notified us.
8.6. The Products must be returned directly to us unused, and we are responsible for issuing all refunds in relation to cancelled Contracts and returned Products (excluding delivery charges, gift wrapping and other additional expenses). We have the right to withhold or reduce any refund on Products that have been damaged or otherwise diminished in value.
8.7. We do not offer free returns, so you will be responsible for paying the cost of postage if you choose to return Products to us. We will only pay the costs of return if the Products are faulty or wrongly described.
8.8. Please note that we will not make any refund to you until we have received the relevant Products from you and confirmed that they have not been damaged. We will then credit your payment card with the cost of the unwanted Products within 30 days of the date of your cancellation.
9.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that we could have foreseen because:
9.1.1. the loss or damage was an obvious consequence of our failure to comply with these Terms or our negligence; or
9.1.2. they were contemplated by you and us at the time we entered into the Contract.
We are not responsible for any loss or damage that we could not have foreseen.
9.2. We shall have no liability to you for any loss of profit, loss of revenue, loss of business, business interruption, or loss of business opportunity. We also expressly exclude any liability for any loss or damage which may be incurred by you as a result of your breach of these Terms.
9.3. All of your statutory rights are unaffected. We do not in any way exclude or limit our liability for death or personal injury caused by our negligence; or fraud or fraudulent misrepresentation; or any other liability which may not be limited or excluded under applicable law. Any statutory warranties to which you are entitled as a consumer (including, for example, that any service is carried out with reasonable skill and care, and any Products provided are of satisfactory quality) are unaffected by these Terms.
9.4. Our employees and agents are not authorised to make any representations or give any warranty concerning the Products unless these are confirmed in writing by us. In entering into the Contract you acknowledge that you do not rely on and waive any claim for any breach of any representation or warranty which is not so confirmed.
9.5. 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. Nothing in these Terms will affect these legal rights.
EVENTS OUTSIDE OUR CONTROL
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” means any act or event beyond our reasonable control, including without limitation strikes, lockouts or other industrial action, civil commotion, riot, terrorist attack (or threat), war (or threat) or fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
OTHER IMPORTANT TERMS
11.1. When we use the words “writing” or “written” in these Terms, this includes emails.
11.2. We may transfer our rights and obligations under these Terms to another organisation and we will ensure that the transfer will not affect your rights under the Contract.
11.3. You may only transfer your rights or your obligations under the Contract to another person if we agree to this in writing, but we will not unreasonably without our consent.
11.4. The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
11.5. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.6. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of you breaching the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
11.7. 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 that the courts of England and Wales will have non-exclusive jurisdiction over such disputes and claims. However, as a consumer, you have the right to start legal proceedings in the country you are resident in if you wish.