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Terms and Conditions

Terms and Conditions of Supply

 You, the Customer, are dealing with:

Old Pond Publishing
Fox Chapel Publishers International Ltd.
7 Danefield Road, Selsey, Chichester, West Sussex, PO20 9DA, United Kingdom

Email: info@foxchapelpublishing.co.uk

Fox Chapel Publishers International Ltd. ('FCPI') is a private limited company registered in England and Wales under company number 10178960.

The terms and conditions below apply specifically to all shop orders which are processed by Fox Chapel Publishers International either online or by any other form of communication and form part of the contract of sale.

Please take the time to read these, as they include important terms which apply to you.

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

To contact us, please see our contact us page.

General terms and conditions of sale

These terms will apply to any contract between us for the sale of products to you (the "Contract"). Please read these terms carefully and make sure that you understand them, before ordering any products from our Site.  Please note that by ordering any of our products, you agree to be bound by these terms and the other documents expressly referred to in them.

You should print a copy of these terms or save them to your computer for future reference.

We amend these terms from time to time. Every time you wish to order products, please check these terms to ensure you understand the terms which will apply at that time. These terms were most recently updated on 15 October 2018.

Descriptive Material

All descriptive material on this Site, including illustrations, drawings, photos and text (including the poultry house bird number guidelines) shall be used only as a general guide and shall not form part of the Contract. Images are indicative only and may differ from the actual products supplied. Fox Chapel Publishers International reserves the right to change or amend the literature or specifications without prior notice.

All products shown on our Sites are subject to availability.

If you are a consumer, you may only purchase products from our Sites if you are at least 18 years old.

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 Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.

If you are a business customer, you confirm that you have authority to bind any business on whose behalf you use our Sites to purchase products.

These terms, our Privacy Policy and our Terms and Conditions constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms, our Privacy Policy and our Terms and Conditions.

You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

How the Contract is formed between you and 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 page of the order process.

After you place an order, you will receive an e-mail from us acknowledging that we have received your order.  However, please note that this does not mean that your order has been accepted. 

If we are unable to supply you with a product, for example because that product is not in stock or no longer available or because of an error in the price on our Site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the products, we will refund you the full amount as soon as possible.

Our right to vary these terms

We may revise these terms from time to time.  

Every time you order products from us, the terms in force at that time will apply to the Contract between you and us.

Whenever we revise these terms in accordance with this clause, we will give you notice of this by stating that these terms have been amended and the relevant date at the bottom of this page.

Order and payment methods

On-line ordering is encouraged. The main mode of payment is by credit/debit card via the Sage Pay's secure payment server. It is also possible to order by telephone, on (0)1206 255777.

Credit Card Payment

A valid credit card is required for payment. The credit card will be charged at the time you submit an order. We reserve the right to make our own credit card security checks as considered necessary. This may involve us contacting you to confirm certain details. We reserve the right to refuse to supply goods if we believe the card is being used fraudulently. Where this is the case a full refund will be made to the card upon which the order was placed.

Credit Card Security

Security is of great importance to FCPI, and we aim to provide the highest possible level of security in your transactions.

All card payments are processed securely by our payment service provider Sage Pay, which is a leading e-payment processing company, using a 128-bit encrypted secure channel to register the transaction on their own secure server.

The payment pages on our sites are all protected by 128-bit SSL security so any information entered during checkout is encrypted.

For further information on the safety of your credit/debit card details you can refer to the Sage Pay website.

Pricing

Products are priced in pounds sterling, euros and US dollars and exclude VAT and shipping costs. VAT is applied at the checkout where applicable. Books do not incur VAT. You are responsible for payment of any import duties or local taxes that might apply to your order. See additional shop specific terms and conditions below.

Pricing Disclaimer

Our Site contains a large number of products. It is always possible that, despite our reasonable efforts, some of the products on our Site may be incorrectly priced. Should we identify during order processing that a product has been mispriced or the delivery cost is different from that advertised we will contact you with the option of paying the new price, cancelling at no charge, or changing the order to a different item. For the avoidance of doubt, the "contract of sale" occurs at the point of despatch and not when an order is placed.

We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.

VAT (IVA), Import Duties and Local Taxes (where applicable)

VAT does not apply to books, but VAT will apply to DVDs. However, the prices displayed on the Old Pond website include VAT. VAT may also be charged on the costs of delivering DVDs. 

Orders for delivery outside of the European Union may be subject to import duties and local taxes which are levied once the package reaches the destination country. Any additional charges for customs clearance 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. Additionally, please note that when ordering from FCPI, you are considered the importer of record and must comply with all laws and regulations of the country in which the goods are being received. FCPI cannot be held responsible for the illegal import of goods or for spoiled goods that get caught in the customs clearance process.

Force Majeure

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 of Force Majeure. A Force Majeure event means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

Delivery

This section explains how Fox Chapel Publishers International  and their suppliers handle packing and delivery of orders. FCPI's aim is, where practical, to process all orders within 48 hours from receipt of payment. FCPI and our suppliers deliver worldwide and FCPI accepts payment in pounds sterling.

Delivery charges

Our delivery charges are set out below.

  • UK: £3.00 + £1.50 for each additional item
  • Europe: £4.10 + £2.50 for each additional item
  • North America: £8.70 + £4.70 for each additional item
  • Rest of World: £10.20 + £5.50 for each additional item

 

Europe Definition

The following countries count as Europe for the purpose of delivery

  • Austria
  • Belgium
  • Denmark (Incl. Faroe Islands and Greenland)
  • Finland
  • France (Incl. Corsica)
  • Germany
  • Greece
  • Irish Republic
  • Italy (Incl. Vatican State & Sardinia)
  • Liechtenstein
  • Luxembourg
  • Monaco
  • The Netherlands
  • Norway (Incl. Spitzbergen)
  • Portugal (Incl. The Azores & Madeira)
  • San Marino Spain (Incl. Balearic & Canary Islands)
  • Sweden
  • Switzerland

 

Method of delivery

Books and small items posted to a UK address are sent by the standard Royal Mail postal service. Books and small items posted to non-UK addresses are generally sent via Royal Mail (printed papers for books). If a different service is desired  please do not place your order on this website: please telephone our cash sales department on +44 (0)1206 255777 to ask for options/prices. Large bulky items are mainly sent by a parcel delivery service such as DHL

Large orders will be sent by a courier service and cannot be delivered to PO Box addresses. 

Delivery timescales

Our aim is, where practical, to process all orders within 48 hours from receipt of payment.

Upon completion of an order you will receive an email confirming the order details. 

FCPI aims to deliver within the following delivery time scales:

  • 7 working days for UK delivery
  • For non-UK orders, delivery can take up to 4 weeks if sent by Royal Mail, our standard method.

 

As the performance of carriers is beyond FCPI's control, FCPI is unable to guarantee these timescales will be met in every case; thus please allow 28 days for delivery.

Please note, if an order is urgent, do not place your order on this website; please phone our cash sales department on +44 (0)1206 255777 to obtain a quote for a guaranteed delivery service. 

Out of stock items

Whilst every effort is made to ensure we do not offer for sale out of stock items, sometimes we are not able to do so. If an ordered item is not in stock, we will let you know.

Breakages

Goods should be signed for as 'unexamined' and any damage or shortages must be reported in writing by email to help@oldpond.com within three days of delivery both to FCPI and the carrier, otherwise no claim can be considered. The complete packaging should be retained if pilfering is suspected or if breakage has occurred. If pilfering is suspected, FCPI and the carrier should be notified immediately.

Non-Delivery

In the event of non-arrival of goods, you must inform us within 24 hours of the expected delivery date by emailing help@oldpond.com, otherwise no claim can be considered

Returns and refunds

If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling Regulations, 2000) during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.

However, this cancellation right does not apply in the case of:

  • any products made to your specification or clearly personalised;
  • newspapers, periodicals or magazines;
  • perishable goods; or
  • software, DVDs or CDs which have a security seal which you have opened or unsealed.

 

If you wish to cancel a Contract, please contact us as soon as possible, or within 7 (seven) working days of placing your order.  If the products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the products. Working days means that Saturdays, Sundays or public holidays are not included in this period.

To cancel a Contract, please contact us in writing to tell us by sending an e-mail to help@oldpond.com.

You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you sent us the e-mail.

You will receive a full refund of the price you paid for the products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described above. If you returned the products to us because they were faulty or mis-described, please see below.

If you have returned the products to us because they are faulty or mis-described, we will refund the price of a defective product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

We will refund you on the credit card or debit card used by you to pay.

If the products were delivered to you:

  • you must return the products to us as soon as reasonably practicable.;
  • unless the products are faulty or not as described, you will be responsible for the cost of returning the products to us;
  • you have a legal obligation to keep the products in your possession and to take reasonable care of the products while they are in your possession.
  • details of your legal right to cancel and an explanation of how to exercise it are provided in the dispatch confirmation.

As a consumer, you will always have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by our returns policy or these terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

Delivery contact details

If you have a query regards delivery of your book order please feel free to email help@oldpond.com.

Our liability if you are a business

We only supply the products for internal use by your business, and you agree not to use the product for any re-sale purposes.

Nothing in these terms limit or exclude our liability for:

  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation;
  • breach of the terms implied by section 12 of the Sale of Goods Act 1979 (regarding title and quiet possession); or
  • defective products under the Consumer Protection Act 1987.

Subject to the above, we will under no circumstances whatsoever 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:

  • any loss of profits, sales, business, or revenue;
  • loss or corruption of data, information or software;
  • loss of business opportunity;
  • loss of anticipated savings;
  • loss of goodwill; or
  • any indirect or consequential loss.

Subject to the foregoing, our total liability to you in respect of all other 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 products.

Except as expressly stated in these terms, we do not give any representation, warranties or undertakings in relation to the products. 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 products are suitable for your purposes.

Our liability if you are a consumer

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not in any way exclude or limit our liability for:

  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation;
  • any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (regarding title and quiet possession);
  • any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (regarding description, satisfactory quality, fitness for purpose and samples); and
  • defective products under the Consumer Protection Act 1987.

 

Communications between us

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

If you are a consumer:

To cancel a Contract in accordance with your legal right to do so as set out above, you must contact us in writing by sending an e-mail to help@oldpond.com. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you sent us the e-mail.

If you wish to contact us in writing for any other reason, please email help@oldpond.com.

If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

If you are a business:

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, e-mail, or posted on our Site.

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 working day after posting; if sent by e-mail, one working day after transmission; or, if posted on our Site, immediately.

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.

The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

Other important terms

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.

You may only transfer your rights or your obligations under these terms to another person if we agree in writing. 

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.

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.

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.

If you are a consumer, please note that 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 to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, a Contract and any dispute or claim arising out of or in connection with it 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.

If you are a business, 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).

Individual elements of this document are provided in separate shorter documents in the various shops for clarity. Should any inconsistency occur between these full terms and conditions and the separate sections, this document always takes precedent, without exception. At checkout you must confirm to having read and accepted these full terms and conditions.

 

Copyright © 2018 Fox Chapel Publishers International Ltd.- All rights reserved.

© 2018 Fox Chapel Publishers International Ltd. trading as Old Pond Publishing. All Rights Reserved.