ICE Bookshop website is operated by Emerald Publishing Limited, a company registered in England with company number 03080506, VAT Registration No. GB 665 3593 06, and with its registered office at Emerald Publishing, Floor 5, Northspring, 21-23 Wellington Street, Leeds, LS1 4DL, United Kingdom.
In these terms and conditions "we" and "us" means Thomas Telford Limited and "you" means you the customer. In these terms and conditions, words spelt with initial capital letters are defined terms. These terms and conditions together with your Order constitute the Contract between us and you for the supply of Products. No other terms and conditions shall apply. The Contract cannot be varied unless we agree to vary it in writing.
Table of contents:
In these terms and conditions:
|"ICE Bookshop website"||means our web site, the web address of which is http://icebookshop.com;
|"Condition"||means a condition contained in these terms and conditions;
|"Contract"||means these terms and conditions together with your Order;
|"Consumer"||means a customer who purchases Products otherwise than in the course of a business;
|"Customer Order Number"||means the order number issued by us to you;
|"Day"||means all days of the week;
|"Export Laws"||means all laws, regulations and orders of the United States, the European Union and the United Kingdom applicable to the export, re-export, transfer or resale of Products;
|"Order"||means an order placed by you in accordance with these terms and conditions;
|"Order Confirmation"||means the order confirmation issued by us to you indicating acceptance of your Order;
|"Order Form"||means the electronic order form on the ICE Bookshop website;
|"Product"||means any product listed on the ICE Bookshop website which we agree to supply to you on these terms and conditions;
|"Return Authorisation Documentation"||means the documentation issued by us to you for the return of Products;
|"Services"||means any services relating to Products (including without limitation warranty and telephone support services) that we agree to supply to you on these terms and conditions;
|“Digital Product”||means any digital element in the Products including without limitation operating systems, bundled software, stand-alone software, eBooks, interactive websites, platforms, software as a service, downloads and mobile apps.|
2.1 Orders can be made via the ICE Bookshop website or by Telephoning our distributor Marston Book Services on +44 (0)1235 465 577 between 08:00 and 17:00 (UK time) Mondays to Fridays, excluding public holidays. To place an Order you must be 18 years of age or over.
2.2 By placing an Order, you make an offer to us to purchase the Products you have selected on these terms and conditions. We may or may not accept your offer at our discretion. If we accept your Order, we will notify you of our acceptance by issuing an Order Confirmation. We will provide your Order Confirmation to you by email or verbally over the phone. If we cannot accept your Order we will contact you by email or by telephone.
3.1 The prices payable for goods as set out in the website are exclusive of VAT where applicable (printed books are currently zero rated in the UK). Customers ordering for delivery outside of the UK will be responsible for payment of any local taxes payable, including VAT, and may be required to pay extra for delivery and import clearance where necessary.
3.2 Delivery charges are payable in addition to the prices shown for individual products. Delivery charges are calculated at 10% of the order for UK Customers (up to a maximum of £8) and 20% of the order for overseas Customers (up to a maximum of £50). There is a minimum delivery charge of £2.95 to UK customers and £5.90 to overseas customers. These delivery charges are stated exclusive of VAT where applicable, (delivery charges for printed books are currently zero rated in the UK). Customers ordering for delivery outside of the UK will be responsible for payment of any local taxes payable, including VAT, and may be required to pay extra for delivery and import clearance where necessary.
4.1 Payment must be made by credit or debit card.
5.1 Unless otherwise agreed by us, we will deliver your Products to the billing address for your credit card.
5.2 We will use our reasonable endeavours to deliver your Products to you within 14 working days of the date of issue of your Order Confirmation for UK orders and 28 working days for overseas orders. If we are unable to deliver your Products to you within 30 calendar days of the date of issue of your Order Confirmation, you will have the option to cancel your Order.
5.3 Except to the extent that your Products comprise Digital Product, title to and risk in your Products will pass to you on delivery.
6.1 If you are not satisfied with any Product you have purchased from us, you may return the Product to us and obtain a refund of the price of the Product returned if you contact us within 30 Days of delivery of the Product to you. This right to return does not apply to Digital Products, however, you can ask for a Digital Product to be repaired or replaced.
6.2 If between 30 Days and the first six months of delivery of the Product to you, you believe that the Product is not of satisfactory quality and/or is not fit for purpose and/or is not as described then you should notify us and provide us with the opportunity to repair or replace the Product or Digital Product. If an attempt to repair or replace the Product or Digital Product has failed, you have the right to reject the Product or Digital Product for a full refund or an appropriate price reduction if you wish to keep the Product or Digital Product.
6.3 In order to exercise your option to return or reject a Product or Digital Product you must telephone us on +44 (0)1235 465 577 between 08:00 and 17:00 Mondays to Fridays or email [email protected] to make arrangements for return of the Product or Digital Product. We will send you written authorisation.
6.4 When you have received the written authorisation send the item(s) in resaleable condition and in the original packaging, including the receipt sent to you when the book was delivered, and send it back to:ICE Bookshop Returns
6.5 We will only refund postage and packaging costs if the return is a result of our error.
7.1 If you are a Consumer, nothing in the Contract shall limit or exclude our liability for breach of any term implied by statute. If you are not a Consumer:
7.1.1 these terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products and performance of the Services;
7.1.2 there are no warranties, conditions or other terms that are binding on us except as expressly stated in the Contract; and
7.1.3 any warranty, condition or other term concerning the Products or Services which might otherwise be implied into or incorporated in the Contract by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is hereby expressly excluded.
7.2 Subject to Condition 7.1, we will not be liable under the Contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
7.3 Subject to Conditions 7.1 and 7.2 our maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
8.1 If you are ordering goods for delivery outside of the UK, please note that your consignment may be subject to import duties and taxes, which are levied once the goods reach the country of destination. Any such charges levied in relation to customs clearance must be paid by you. It is accepted by you that Thomas Telford Limited has no control over additional charges in relation to customs clearance. Thomas Telford Limited recommend that you check with your local customs officials or post office for more information regarding importation taxes/duties that may be applicable to your online order. You will be the importer of record and responsible for any import VAT and duty that needs to be paid. In addition, any charges for import clearance will be paid by you, the customer. You may also be required to pay a brokerage (handling) fee for the shipment. These charges are separate from your shipping charge and you will be billed directly for them. For the avoidance of doubt, Thomas Telford Ltd will not charge you for, and is not liable to pay, any customs or brokers charges incurred in delivering goods which have been shipped internationally. Thomas Telford Ltd will not be liable for packages refused or held by customs.
8.2 If your order is returned to us due to a refusal to pay customs fees, refusal to accept the order or because no one was there to accept delivery of your order or because of a wrong address, you will be refunded the total amount of the order, minus the shipping charge, 10% of the value of the order as a re-stocking fee, and any other fees that are incurred by Thomas Telford Ltd during shipping including but not limited to warehousing fees and return postage/courier fees. If the cost to return the product to us is larger than the cost of the refund due, we will abandon the shipment and there will be no credit for the order.
Neither our failure or your failure to enforce any term of the Contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.
These Terms and Conditions shall be governed by and construed in accordance with the laws of England; any dispute arising out of or in connection with this Contract will be subject to and within the jurisdiction of the courts of England.