1. Between whom is the contract to purchase the Product?
Any contract to purchase a Product will be between you as purchaser and Robert Powell Publications Ltd as supplier.
2. Buying a product
2.1 You can place an order for one or more Products by submitting an order via the "Basket" pages on the website. You will need to register and create an account so you are able to complete the order process.
2.2 By placing an order through our website for a Product, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old.
2.3 Robert Powell Publications Ltd will confirm acceptance of your order by email only and will supply the Product(s) to you in accordance with your confirmed order. If you do not receive an email confirmation, your order has not been accepted. Robert Powell Publications Ltd reserves the right to refuse or decline any order or refuse access to the website.
2.4 Robert Powell Publications Ltd shall have no obligation to supply a Product to you if demand exceeds any limited run. In the event that Robert Powell Publications Ltd inadvertently confirms an order when in fact the Products have sold out, it shall refund you the amount debited from your debit/credit card and will be able to terminate any order placed without any additional liability to you.
3. Your account and details
4. Withdrawal of sale
While Robert Powell Publications Ltd will honour confirmed orders, you acknowledge that Robert Powell Publications Ltd may withdraw the sale or distribution of a Product at any time without prior notice, or liability, to you.
5.1 The price of the Products will be as quoted on the website from time to time, except in cases of obvious error. These prices exclude VAT and delivery costs, which will be added to the total amount due. Delivery charges are displayed on the website. See How to order for details.
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5.2 Prices are liable to change at any time, but changes will not affect orders for which Robert Powell Publications Ltd has already sent you a confirmation.
5.3 If Robert Powell Publications Ltd discovers a pricing error for any Products it shall have the right to cancel your order without any liability to you and shall refund any monies paid by you Robert Powell Publications Ltd is under no obligation to provide a Product to you at the incorrect (lower) price, even after it has sent you a confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mistake.
6. Risk and ownership
6.1 Risk of damage or loss of the Products shall pass to you on delivery or, if you fail to take delivery of the Products, the time when Robert Powell Publications Ltd has tried to deliver the Products to you.
6.2 Title/ownership in the Products shall pass to you on delivery of the Products, provided the Products have been paid for in full.
7. Warranty and liability
7.1 Robert Powell Publications Ltd warrants that the Products will correspond with the order at the time of delivery and will be of satisfactory quality.
7.2 If Robert Powell Publications Ltd is in breach of the warranty contained in clause 7.1 above, you shall advise Robert Powell Publications Ltd in writing immediately, and in any case not later than 14 working days from the date of discovery of the defect. On receiving a notice under this clause and receipt of the Product(s), Robert Powell Publications Ltd will refund the price of those Products which are defective, subject to Robert Powell Publications Ltd being satisfied that the Products are defective. The warranty contained in clause 7.1 shall be the extent of Robert Powell Publications Ltd's liability for defective Products.
7.3 Save as expressly provided in these Terms and Conditions, all warranties, conditions, terms and liabilities expressed or implied by statute or common law are excluded to the fullest extent permitted by law and Robert Powell Publications Ltd will not be liable to you for any loss of any kind whatsoever which arises out of the breach of implied warranties or conditions or breach of any other duty of any kind imposed on Robert Powell Publications Ltd by operation of law.
7.4 Robert Powell Publications Ltd will not be liable for:
7.4.1 any loss of anticipated profits or expected future business;
7.4.2 damage to reputation or goodwill;
7.4.3 any damages, costs or expenses payable by you to any third party;
7.4.4 loss of any order or contract; or
7.4.5 any unforeseeable loss of any kind;
which may arise by reason of any breach of the contract for a Product or any implied warranty, condition or other term or any representation or any duty of any kind imposed on Robert Powell Publications Ltd by operation of law.
7.5 Unless otherwise provided in these Terms and Conditions, and subject to clause 7.7, the liability of Robert Powell Publications Ltd for breach of any express or implied term of any agreement relating to a Product shall be limited to the reasonable cost of remedying any defect in the Product constituting a breach and in no circumstances shall Robert Powell Publications Ltd's liability to you exceed the total purchase price (plus delivery cost) of the Product(s) ordered by you.
7.6 Without prejudice to any other provision of this clause 7, Robert Powell Publications Ltd will not be in breach of the terms of any agreement for a Product for any delay in performing, or failure to perform, its obligations if that delay or failure was due to any cause or circumstance beyond Robert Powell Publications Ltd's reasonable control.
7. 7 Nothing in this clause 7 shall exclude Robert Powell Publications Ltd's liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation or for any liability that cannot be excluded or limited by applicable law.
8.1 Robert Powell Publications Ltd may terminate any agreement relating to a Product if you:
8.1.1 are in breach of these Terms and Conditions or any other contract between you and Robert Powell Publications Ltd; or
8.1.2 have a petition presented for your winding up or for an administration order to be made in respect of you; have a receiver or administrative receiver appointed over you or any of your assets; resolve to wind yourself up (other than for a solvent reorganisation); have a bankruptcy order made against you or any of your partners; or enter, or propose to enter, into a composition or voluntary arrangement with your creditors.
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10.1 Any notice required under these Terms and Conditions to be given to Robert Powell Publications Ltd shall be in writing and addressed to Robert Powell at firstname.lastname@example.org, or any other address notified by Robert Powell Publications Ltd. Any notice shall be deemed to be served:
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10.1.1 if sent by pre-paid first-class, post two days after it is posted; or
10.1.2 if sent by email, the day following transmission (as contained on the email receipt).
10.2 If any of these Terms and Conditions is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby and shall continue to be valid and enforceable to the fullest extent permitted by law.
10.3 The agreement to purchase a Product and these Terms and Conditions and any dispute or claims arising out of or in connection with them (including non-contractual disputes and claims) shall be governed by and construed in accordance with the law of England and you and we irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with these Terms and Conditions (including non-contractual disputes or claims).
10.4 You shall not transfer, assign or sub-contract your obligations under any agreement to purchase a Product and these Terms and Conditions without Robert Powell Publications Ltd's prior consent in writing.
10.5 Failure or neglect by Robert Powell Publications Ltd to enforce at any time any of these Terms and Conditions shall not be a waiver of Robert Powell Publications Ltd’s rights and it shall not affect the validity of the whole or any part of these Terms and Conditions or prejudice Robert Powell Publications Ltd's right to take subsequent action.
10.6 Nothing in these Terms and Conditions is intended to confer on any third party any benefit or any right to enforce any terms contained in these Terms and Conditions.
11.1 If you experience any problems with your order or in using this website, or if you have any complaint relating to the Product(s), please contact us at the address below and we will be happy to assist you:
Web Customer Services
Robert Powell Publication
56 Stockton Lane
Telephone: +44 (0)871 472 3014 during business hours (9:00am–5:30pm Monday to Friday excluding UK Bank Holidays and Public Holidays
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