Terms and Conditions

Terms & conditions of website use, disclaimer, copyright

Orders submitted on www.independence.co.uk ("the Website") are subject to the terms and conditions ("the Conditions") set out below. Any reference in the Conditions to writing includes facsimile and e-mail; reference to the Parties means You and Independence Educational Publishers Ltd ("Independence"); and any reference to Working Days means between 0900 and 1700 hours on any day excluding Saturdays, Sundays and UK Public Holidays.

1. Sale

1.1 You may place an order for goods ("the Goods") by submitting a completed order form on the Website. If Independence accepts Your order, it will confirm acceptance in writing and will supply the Goods to You in accordance with Your order and these conditions ("the Contract").

1.2 Independence intends the terms set out in these Conditions to be included in the Contract. Please read these Conditions carefully and inform Independence if You do not understand or agree with anything in these Conditions. If You require any changes, please make sure You ask for these to be put in writing, to avoid problems in understanding what each Party is expected to do. Any changes to these Conditions must be agreed by both Parties.

2. Orders and prices

2.1 Prices on the Website are valid for the time indicated on the Website [and are subject to availability while stocks last].

2.2 In addition to the price shown for the Goods, You will pay Value Added Tax where appropriate, plus the delivery charges shown on the Website order form ("the Delivery Charges").

2.3 In the event of an error in any price, sales literature or other document or information issued by Independence or placed upon the Website, Independence will correct the information and will notify You as soon as possible of any such error in Your Contract. If you do not wish to proceed on the basis of the correct information, You will be entitled to cancel the relevant part of the Contract and to receive a refund for the part You have cancelled.

3. Right to cancel

3.1 You have the right to cancel the Contract and return the Goods in their original condition within 14 Working Days of receiving the Goods by giving written notice of cancellation, and Independence shall refund to You the price of the Goods less the Delivery Charges (except as stated in clause 4.2).

3.2 Contrary to clause 9.1.1, if You post Your notice of cancellation under clause 3.2 it will be deemed to be given to Independence on the day You post it.

3.3 Where You are returning the Goods because of an error on Independence’s part or because of a defect in the Goods, Independence shall refund to You the price, the Delivery Charges in sending the Goods to You and the cost You incur in returning the Goods to Independence by the same method as they were delivered to You.

4. Payment terms

4.1 You may place and order via the Website, over the telephone or by fax or post.

4.2 If You choose to pay by credit or debit card You will be required to give Your card details at the time of submitting Your order. Your card will be charged at the time Your order is accepted by Independence.

4.3 If You wish to pay by cheque, You must print off a copy of Your order form when You are at the check out and send it with Your cheque, for the full costs of Goods and delivery, to Independence.

4.4 If You are a school or institution you may order Goods on account.

5. Delivery

5.1 If no other delivery time is given on the Website, Independence shall use reasonable efforts to deliver the Goods to you within 28 days of receiving payment from You in cleared funds.

5.2 Independence will deliver the Goods to the address given by You in Your order form [and if You do not take delivery or have given inadequate delivery instructions Independence may store the Goods until actual delivery and charge You for the reasonable costs (including insurance) of storage and redelivery].

6. Ownership

The Goods do not belong to You, even though they may have been delivered to You, until Independence has received the total price (including Delivery Charges) in cleared funds from You. Until that time, You will be responsible for any loss or damage to the Goods (unless caused by Independence) and Independence may require You, upon reasonable notice, to return and deliver up the Goods to Independence, failing which Independence will take legal proceedings to recover the Goods or their value.

7. Warranty and liability

7.1 Nothing in this clause 7 shall exclude Independence’s liability for fraudulent misrepresentation or for death or personal injury caused by its negligence.

7.2 Independence will not be liable for any losses related to any business You might have and where either Party breaches this Contract that Party shall not be liable for any costs or losses suffered by the other Party (or any third party) except where those losses are a reasonably foreseeable consequence of the breach.

7.3 If, notwithstanding the rest of this clause 7, liability attaches to Independence in no circumstances shall Independence’ liability to You for a breach of any express or implied terms of the Contract or any other duty of any kind imposed on Independence by law arising out of or in relation to the Contract exceed the total amount paid for the Goods.

7.4 In no event shall either Party be responsible for delays over which it has no reasonable control.

8. Termination

8.1 Independence may terminate this Contract or any other contract between the Parties and may cancel or suspend future deliveries (under this Contract or any other contract) if Your belongings have been taken away from You to pay off Your debts, or a receiving order has been made against You.

8.2 Either Party may terminate this Contract or any other contract between the Parties and may cancel or suspend future deliveries (under this Contract or any other contract) if the other Party is in breach of these Conditions or any other contract between the Parties, and that breach, if capable of remedy, has not been remedied within [14] days of the innocent Party giving notice of the breach.

8.3 On termination, all outstanding payments under the Contract shall be payable immediately.

8.4 Termination shall not affect the rights that You or Independence have under the Contract.

9. General

9.1 Any notice required under these Conditions shall be in writing addressed to the other Party at its registered office or any other address notified by the receiving Party to the Party giving the notice. Any notice shall be deemed to be served:

9.1.1 if sent by pre-paid first class post to the Party to whom it is given, on the second Working Day after posting; or

9.1.2 if sent by pre-paid air-mail post to the Party to whom it is given, on the seventh Working Day after posting; or

9.1.3 if sent by fax to the Party’s fax number or by email to the Party’s email address at the date and time given on the sender’s transmission acknowledgement slip or (in the case of manifest error or loss of the slip) on receipt.

9.2 No third parties shall have any rights under this Contract as a result of the Contracts (Rights of Third Parties) Act 1999. No variation to this Contract and no subsequent agreement to this Contract creates any such rights unless it expressly states so.

9.3 If any of these Conditions is held by any competent authority to be unlawful, or unenforceable in whole or in part then the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected and shall continue to be valid and enforceable to the fullest extent permitted by law.

9.4 The Contract and these Conditions shall be under English law and are subject to the jurisdiction of the English Courts or, where you are resident in the European Union, the courts of Your country of residence.

9.5 You shall not transfer, assign or sub-contract Your obligations under the Contract without Independence’ prior written consent. Independence may sub-contract any of its obligations under this Contract provided that Your rights are not adversely affected as a result.

9.6 Failure or neglect by Independence to enforce at any time any of these Conditions shall not be a waiver of Our rights and it shall not affect the validity of the whole or any part of these Conditions or prejudice Our right to take subsequent action.

10. Issues Online access

10.1 Access to Issues Online will be provided for customers subscribing on a Firm Order basis to titles in the Issues series only.

10.2 It is the subscribers’ responsibility to ensure that these online resources are not accessed by unauthorised persons via their facilities, or using their password/username off site.

10.3 In the case of IP address access, it is a legal requirement that school and college subscribers ensure the IP address given is solely for the subscribing institution and not for other institutions or county-wide access.

10.4 Failure to comply with these terms and conditions will lead to the suspension of a subscribing institution’s Issues Online access until the breach has been resolved.

10.5 Repeated failures to comply may lead to permanent cancellation of a subscriber’s access to Issues Online. The publisher reserves the right to take legal action against such individuals if it is deemed appropriate.

11. Data protection

Independence is notified with the Information Commission in accordance with the Data Protection Act 1998 (the Act) and will process your personal information in accordance with the Act and in accordance with Independence’ Privacy Policy.

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