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Terms and conditions of sale

1 DEFINITIONS
1.1 "Buyer" means the individual or organisation who buys or agrees to buy PDF Guides and Membership from the Supplier;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Supplier and the Buyer for the provision of PDF Guides and Membership incorporating these Terms and Conditions;
1.4 "PDF Guides" means the PDF travel guide downloads that the Buyer agrees to buy from the Supplier
1.5 "Membership" means the membership package that the Buyer agrees to buy from the Supplier;
1.6 "Supplier" means Wine Travel Guides of 174 Basin Approach, London, E14 7JS, United Kingdom that owns and operates Wine Travel Guides;
1.7 "Terms and Conditions" means the terms and conditions for the provision of PDF Guides and Membership set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
1.8 "Website" means Wine Travel Guides.

2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the provision of Guides and Membership by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.4 Any complaints should be addressed to the Supplier's address stated in clause 1.5.
2.5 Any special conditions applying to the provision of the PDF Guides and Membership are set out in the Schedule to this agreement.

3 ORDERING
3.1 All orders for PDF Guides and Membership shall be deemed to be an offer by the Buyer to purchase pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
3.2 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in 'Join' or '???'.

4 PRICE AND PAYMENT
4.1 The price of the PDF Guides and Membership shall be that stipulated on the Website.
4.2 The total purchase price will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received the Supplier shall confirm by email the details, description and price for the PDF Guides and Membership together with information on the right to cancel if the Buyer is a Consumer.
4.4 Payment of the price must be made in full before provision of PDF Guides and Memberships. Payment must be made without deduction or set-off.
4.5 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of the relevant PDF Guides or Membership until payment has been received.

5 PERFORMANCE
5.1 The Supplier shall make available the PDF Guides and Membership immediately payment is confirmed subject to the Website performance as detailed in 5.2 below.
5.2 The Supplier shall make available the PDF Guides and Membership with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the PDF Guides or Membership will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the PDF Guides and Membership will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the PDF Guides and Membership for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.

6 RIGHTS OF SUPPLIER
6.1 The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
6.2 The Supplier reserves the right to withdraw the PDF Guides and Membership from the Website at any time.
6.3 The Supplier shall not be liable to anyone for withdrawing the PDF Guides and Membership from the Website or for refusing to process an order.

7 AGE OF CONSENT
7.1 Where the PDF Guides and Membership may only be purchased by persons of a certain age the Buyer may be asked when placing an order to declare that they are of the appropriate legal age to purchase the PDF Guides and Membership.
7.2 If the Supplier discovers that the Buyer is not legally entitled to order certain PDF Guides or Membership, the Supplier shall be entitled to cancel the order immediately, without notice.

8 CANCELLATION
The Buyer has the right to cancel the Contract, by notice in writing, at any time before seven working days has passed from the day after the Contract was made. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Buyer (i.e. the Buyer downloads the PDF Guides) before the Buyer exercises this right to cancel, the right to cancel is lost.

9 LIMITATION OF LIABILITY
Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the PDF Guides or Membership and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

10 WAIVER
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.

11 FORCE MAJEURE
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and the Supplier shall be entitled to a reasonable extension of its obligations.

12 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

13 CHANGES TO TERMS AND CONDITIONS
13.1 The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
13.2 Any renewal of the Membership will be subject to the Supplier's then current Terms and Conditions.

14 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

SCHEDULE

Special Conditions

Members and Buyers of PDF Guides are bound also by the Terms of Use of Wine Travel Guides, which can be seen here. Attention is drawn in particular to the section on Proprietary Rights covering copyright. Members and Buyers of PDF Guides are protected by Wine Travel Guides Privacy Policy, which can be seen here.

Wine Travel Guides is published by:
Wine Travel Guides, 174 Basin Approach, London E14 7JS.



Document derived from a standard document from www.clickdocs.co.uk


COPYRIGHT AND DISCLAIMER
This information is provided free of charge, however it is strictly the copyright of Wine Travel Guides and its contributors. We try to do our best in keeping our guides and information up-to-date and accurate, but if you notice any mistakes, please contact us. Note that we take no responsibility for any inaccuracies. Thanks for your respect and understanding. For full details see our Terms and Conditions.