These Terms and Conditions were last updated on 19 November 2018
TERMS AND CONDITIONS OF SALE
- These Terms and Conditions of Sale (Terms of Sale) apply to any order you place through https://shop.penguin.co.uk (the Website) and they comprise the terms on which you are permitted to purchase items from Penguin Books Limited (us, also referred to here as we).
If you submit an order for any item advertised for sale on this Website, this shall be taken to constitute acceptance by you of these Terms.
- We are Penguin Books Limited of 80 Strand, London, WC2R 0RL. If you have any questions about our products or your order, you may contact our customer services team as follows:
In writing: Penguin Shop at 20 Vauxhall Bridge Road, London, SW1V 2SA
By phone: 01772 331855
By email: firstname.lastname@example.org
- You may only order items advertised on our Website by using the ordering system on the Website. Your order will be made when you press the “Complete Order and Pay” button at the end of the checkout process. We will take your payment at this point.
- After we have received your order and taken your payment, we will send you an email confirming the details of your order and to let you know that we are processing it (the Confirmation).
- We only deliver to addresses within Europe. Unfortunately, we do not deliver to addresses outside of Europe.
- Please note that, as soon as you place your order and complete your payment, your order will be sent to our processing server and we will be unable to prevent your items being dispatched to you.
- If we are unable to accept your order, we will inform you of this by email to the address you have supplied to us and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because you are not in a position to be able to pay for your order in full, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
OUR CONTRACT WITH YOU
- Your order will only be accepted by us when we have taken your payment, at which point a contract will be formed between you and us comprised of these terms (as amended by us from time to time), the price and other information about the relevant products as set out on the Website. In the event of any discrepancy between the product information or prices set out in the Confirmation and those set out for the same product on the Website, the details set out in the Website will apply and take precedence.
- We reserve the right to change these Terms at our discretion and at any time. We will ensure that a note of the date and clause number of any such changes will be made in these Terms. Any changes will be posted to this Website and it is your responsibility to ensure, from time to time, that you are aware of any such changes. Changes will become effective 24 hours after first posting and you will be deemed to have accepted any change if you continue to shop on the Website after that time.
- Unless we agree with you otherwise, we will deliver your products to the address specified in the Confirmation (the Delivery Address) within the time-frame set out in the Confirmation.
- The cost of delivery to the delivery address will be as set out in the Confirmation and must be paid by you.
- The products will be delivered to you by our fulfilment contractor Exact Abacus Limited or their sub-contractors or such other fulfilment partner that we may notify to you from time to time.
- You own a product once we have received payment in full. You will be responsible for the products from the time when they are delivered to the Delivery Address.
- Re-arranging delivery:
If, after a failed delivery, you do not re-arrange delivery or follow the carrier’s instructions to retrieve the products, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and charge you for any storage and transport costs in respect of your order. If we cancel your contract pursuant to this clause 11, we will refund the costs of the relevant goods only.
- Suspension of supply:
We may have to suspend the supply of a product to deal with technical problems or make minor technical changes or to update the product to reflect changes in relevant laws and regulatory requirements. If we suspend the supply of a product, we will contact you in advance to tell you we will be suspending supply, unless the problem is urgent or an emergency.
CANCELLING YOUR ORDER
- You may cancel your order at any time from placing your order until the date 14 calendar days after the date of delivery.
- You may also terminate this contract if the goods are faulty or not as described or if they are delivered late (provided you told us before we accepted your order that the specified delivery deadline was essential).
- How to Cancel your Order:
During the cancellation period set out in clause 13 above, you may cancel your order:
- by returning your goods as explained in the Returns section (clause 18) below including either a completed cancellation form found here or a note giving your name and address, clearly stating that you wish to cancel your order and giving the details of the relevant order including any order numbers that we have sent to you; or
- by contacting our customer services team using the details in clause 2 above, giving your name and address, clearly stating that you wish to cancel your order and giving the details of the relevant order including any order numbers that we have sent to you; or
- by using the example cancellation form available here if you wish but it is not compulsory.
- Exceptions – Products that you cannot cancel or return
The only circumstances in which you cannot cancel your order are where the products that you wish to return are:
- audio, video or computer software products that have been removed from the sealed package in which they were delivered; or
- any bespoke or personalised items which have been created specifically for you.
- Penguin prints
DAMAGED OR FAULTY GOODS
- Under the Consumer Rights Act 2015, your products must be of satisfactory quality, fit for their intended purpose and as described. If the products do not meet these requirements or are defective or damaged when you receive them, you have a statutory right to (i) reject the goods or (ii) to a repair or replacement or (iii) to accept the goods and receive a reasonable refund from us.
If you believe your goods to be wrong, damaged or defective, you must contact us using the details set out in clause 2 within 30 days of your receipt of those goods.
We reserve the right to check if items are damaged or defective before agreeing to reimbursement and may ask for proof of damage or defect. If we agree that we sent the wrong products to you or that the products were delivered to you damaged or defective, we will refund you the cost of those products, our delivery charges and your reasonable return charges.
RETURNS AND REFUNDS
- Please contact our customer services team using the details in clause 2 to find out how to return your products to us.
- You must return any unwanted products with the original packaging within 14 days of delivery or within 14 days of cancellation, whichever is later. Returns after this time will not be accepted. We are entitled to withhold any refund until we have received the relevant products.
- Save where we have specifically stated otherwise, you are responsible for paying the cost of any returns of products.
- You are required to take reasonable care of the products while in your possession and we reserve the right to deduct from the refund any loss in value of the products returned if the loss in value is (in our reasonable opinion) a result of your damage, use, misuse or handling of the products over and above what is necessary to establish their nature, characteristics and functioning.
- Subject to clauses 18 (2) and (4) above, we will credit your payment card with the price actually paid by you for the unwanted products and our standard delivery charges within 10 business days following our receipt of the returned products or, if you cancel your order before we dispatch your products, within 10 business days from the date of your cancellation.
- Refunds will be credited to the card with which you paid for your order and will not be paid in cash.
- Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. The packaging of the product also may vary from that shown in images on this Website.
- You acknowledge that all information and specifications relating to the products and any material produced by us are approximate only. We may correct any error on this Website without any liability.
- We may make any changes to the specification of the products to conform with any applicable safety or other statutory requirements which do not materially affect the products’ quality or performance.
- We may withdraw from the market any products without prior notice, or liability, to you.
- If we provide you with information about the use for which the products are designed and about any conditions necessary to ensure that the products will be safe, then you must use the products accordingly. Please check our FAQ section for any specific instructions relating to your product.
EVENTS AND COURSES
- Penguin Shop offers for sale places at events and courses run by Penguin Random House. Specific terms and conditions relating to tickets for these events and your attendance at them apply in addition to these Terms of Sale and can be found here. Please read them carefully. In the event of any discrepancy between the event terms and conditions and these Terms of Sale, the event terms and conditions shall take precedence.
- Subject to clause 28 below, the price of each Product shall be the price for that Product set out on this Website at the time you place your order.
- The stated price of the products is inclusive of any applicable Value Added Tax.
- It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
- We reserve the right to revise the price of any items on this Website without notice.
- Your payment will be made to our payment services provider Shopify Inc. who accept payment with the credit cards and debit cards listed in the FAQ section of this Website on the date on which we accept your order.
- You must pay for the products before we dispatch them. We will charge your credit or debit card when you confirm your order.
- When submitting your personal details and payment information for products on this site, you are submitting them to our payment services provider Shopify Inc. who may store that information on servers outside the European Union. By submitting an order on this Website, you confirm that you are happy for your information to be transferred to servers outside the European Union and to the use of that information by Shopify Inc. solely to process your order. For more information on how Shopify Inc. will use your information, please see here.
- Your personal information will also be sent to our fulfilment services provider Exact Abacus Limited who will use that information solely to process your order and to deliver your products to you. By placing an order you agree to us sending your information to Exact Abacus Limited and to them using your information as described above.
- All intellectual property and other proprietary rights (including, but not limited to, brand names, product names, copyright and trade marks) and all technical, business or similar information (including, but not limited to, all designs, documents and other materials relating to the products) used in the products (together "the Intellectual Property") are and shall remain the property of us or of our licensors.
- Other than as stated in clause 37 below, we do not grant permission for the use of the Intellectual Property and such use may constitute an infringement of the holder's rights.
- All Website design, text and graphics appearing on this Website and the selection or arrangement thereof are the copyright of us or of our licensors. Permission is granted to print once in hard copy portions of this Website for the sole purpose of placing an order with us or using this Website as a shopping resource. Any other use of materials on this Website (including reproduction for purposes other than those noted above and modification, distribution, or republication in any form or media) without our prior written permission is strictly prohibited.
LIMITATIONS ON LIABILITY AND INDEMNITY
- We shall not be liable in respect of any defect in the products arising from your neglect, failure to follow our instructions, misuse or improper alteration or repair of the products.
- Nothing in these Terms shall exclude or limit our liability arising by virtue of the Consumer Protection Act 1987, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations and the Consumer Rights Act 2015 or our liability for fraud or for death or personal injury caused by our negligence, or any other liability to the extent that we cannot so exclude or limit such liability as a matter of law.
- Except for the warranties implied into these Terms by the Consumer Rights Act 2015 and other consumer laws, the products are provided on an “as is” basis and all warranties conditions terms and liabilities express or implied by statute or common law are excluded to the fullest extent permitted by law.
- We will not be liable for any of the following losses which may arise by reason of any breach of contract or any implied warranty, condition or other term, any representation or any duty of any kind imposed on us by operation of law:
- any loss of anticipated profits or expected future business;
- damage to reputation or goodwill;
- any damages costs or expenses payable by you to any third party;
- loss of any order or contract;
- any loss that was not foreseeable by you and us at the time our contract was formed; or
- any loss not caused by any breach by us.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
Without prejudice to any other provision of these Terms, we will not be in breach of this contract for any delay in performing, or failure to perform, our obligations under it if that delay or failure was due to any cause or circumstance beyond our reasonable control. This clause does not affect your statutory rights.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms of Sale by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
- Any notice required under these Terms must be in writing. In our case it must be addressed to our registered office or principal place of business or any other address that we notify to you from time to time whether on the Website or otherwise. Any notices to you will be sent to your usual billing address.
- Any notice shall be deemed to be served:
- if sent by pre-paid first class post to the party to whom it is given, on the second working day after posting; or
- if sent by pre-paid air-mail post to the party to whom it is given, on the seventh working day after posting; or
- if sent by fax to the recipient's fax number 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.
If any of these Terms 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 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.
These terms and all contracts formed here under shall be governed by English law and the parties submit to the exclusive jurisdiction of the English Courts if there are any disputes between them of any kind.
Failure or neglect by either party to enforce at any time any of these Terms shall not be a waiver of that party’s rights and it shall not affect the validity of the whole or any part of these Terms or prejudice that party's right to take subsequent action.
Nothing in these Terms is intended to confer on any third party any benefit or any right to enforce any of these Terms.