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1. Terms of Website Use
2. Information About Us
3. Accessing Our Sites
4. Acceptable Use Policy
5. Intellectual Property Rights
6. Reliance on Information Posted
7. Our Sites Changes Regularly
8. Our Liability
10. Information About You and Your Visits to Our Sites
11. Transactions Concluded Through Our Sites
12. Viruses, Hacking and Other Offences
13. Linking to Our Sites
14. Links from Our Sites
15. Jurisdiction and Applicable Law
16. Trade Marks
18. Waiver and Severance
19. Your Concerns
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply goods (which excludes digital content) (our "Products") listed on our website "www.haynes.com" ("our site") to you. If you are purchasing digital content (such as Haynes online manuals) please refer to our terms and conditions for digital content. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should download or save a copy of these terms and conditions for future reference.
By checking the box marked "Please check to confirm that you have read and accepted our Terms & Conditions" or by ordering any Product, you agree to these terms. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site. These terms and conditions also include warranty, disclaimers and liability exclusions. If there is anything in these terms, including warranty, disclaimers and liability exclusions, that you disagree with or are not willing to be bound by, or if something is missing from these terms, you can choose not to purchase the Products.
1 INFORMATION ABOUT US
1.1 We operate the websites “www.haynes.co.uk” and “www.haynes.com”. We are JH Haynes & Co Ltd (trading as Haynes Publishing) a company registered in England and Wales under company number 1449587 and with our registered office and main trading address at Sparkford, Yeovil, Somerset, BA22 7JJ, England. Our VAT number is GB 323 6351 79.
2 YOUR STATUS
2.1 By placing an order through our site, you warrant that:
2.1.1 you are legally capable of entering into binding contracts; and
2.1.2 you are at least 18 years old.
3 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 Before placing an order, you will be asked if you accept these terms and conditions. You will not be able to place an order unless you accept these terms and conditions. Our acceptance of your order will take place when we email you to acknowledge and accept it ("Order Confirmation"), at which point a contract will come into existence between you and us ("Contract"). We will only accept your order once we have received payment in full for the Products.
3.2 The Contract will relate only to those Products whose order we have confirmed in the Order Confirmation.
3.3 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Products. This might be because the Product is out of stock, because of unexpected limited on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the Product.
3.4 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4 OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the Product may vary from that shown in images on our site.
5 YOUR RIGHTS TO MAKE CHANGES
5.1 If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 10 - Your rights to end the contract).
6 OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the Products. We may make minor changes to the Products provided those changes do not affect your use of the Products, for example we may make changes to reflect changes in relevant laws and regulatory requirements or to implement minor improvements.
6.2 More significant changes to the Products and these terms. Should we need to make more significant changes to the Products or these terms, we will first notify you detailing the proposed changes and the reason for the change. You will be given the opportunity to accept the change or you may contact us to end the Contract before the changes take effect and receive a refund for any Products paid for but not received.
7 PROVIDING THE PRODUCTS
7.1 Delivery costs. The costs of delivery and delivery or postal service used will be as displayed to you on our Site.
7.2 When we will provide the Products. During the order process we will let you know when we will provide the Products to you. We will always aim to deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
7.3 We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Products you have paid for but not received.
7.4 If you are not at home when Products are delivered. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, either the Products will be returned to us (in which case clause 7.5 shall apply) or a note may be left informing you of how to rearrange delivery or how to collect the Products from a local depot.
7.5 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect the Products from a delivery depot 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 we may end the contract and clause 10 will apply.
7.6 Your legal rights if we deliver goods late. You have legal rights if we deliver any Products late. If we miss the delivery deadline (as set out above or as otherwise agreed in writing with us) for any Products then you may treat the Contract as at an end straight away if any of the following apply:
7.6.1 we have refused to deliver the Products;
7.6.2 delivery within the agreed delivery deadline was essential (taking into account all the relevant circumstances); or
7.6.3 you told us before we accepted your order that delivery within the agreed delivery deadline was essential.
7.7 Setting a new deadline for delivery. If you do not wish to treat the Contract as at an end straight away, or do not have the right to do so under clause 7.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the Contract as at an end if we do not meet the new deadline.
7.8 Ending the Contract for late delivery. If you do choose to treat the Contract as at an end for late delivery under clause 7.6 or clause 7.7, you can cancel your order for any of the Products or reject Products that have been delivered. If you wish, you can reject or cancel the order for some of those Products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled Products and their delivery. If the Products have been delivered to you, you must post them back to us. We will pay the costs of postage. Please call customer services on +44 (0) 1206 256101 (Monday to Friday between the hours of 08.30am and 05.30pm GMT) or email us at firstname.lastname@example.org for a return label.
7.9 When you become responsible for the Products. Products will be your responsibility from the time we deliver the Product to the address you gave us. 7.10 When you own Products. You own a Product once we have received payment in full, including delivery charges.
8 YOUR CANCELLATION RIGHTS
8.1 You can always end your Contract with us. Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract:
8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get the Product repaired or replaced or to get some or all of your money back), see clause 11;
8.1.2 If you want to end the Contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1.3 If you have just changed your mind about the Product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return; 8.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
8.2 Ending the Contract because of something we have done or are going to do. If you are ending a Contract for a reason set out at 8.2.1 to 8.2.5 below the Contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are: 8.2.1 we have told you about an upcoming change to the Product or these terms which you do not agree to (see clause 6.2); 8.2.2 we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed; 8.2.3 there is a risk that supply of the Products may be significantly delayed because of events outside our control; 8.2.4 we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than [30 days]; or 8.2.5 you have a legal right to end the Contract because of something we have done wrong (including because we have delivered late (see clause 7.8). 8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
8.4.1 any Products made to a specification provided by you (including personalised Products);
8.4.2 sealed audio or sealed video recordings or sealed computer software, once these Products are unsealed after you receive them; and
8.4.3 any Products which become mixed inseparably with other items after their delivery.
8.5 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the Products to change your mind, unless your Products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the Products.
8.6 Ending the Contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the Contract before it is completed, but you may have to pay us compensation. A Contract is completed when the Product is delivered and paid for. If you want to end a Contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The Contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the Contract.
9 HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the Contract. To end the Contract with us, please let us know by doing one of the following:
9.1.1 Phone or email. Call customer services on +44 (0) 1206 256101 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.1.2 By post. Please write to us at Returns Department, The Book Service, Cash Sales Department (Haynes Publishing), Colchester Road, Frating Green, Colchester, Essex, CO7 7DW including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning Products after ending the Contract. If you end the Contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Returns Department, The Book Service, Cash Sales Department (Haynes Publishing), Colchester Road, Frating Green, Colchester, Essex, CO7 7DW. If you are exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the Contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
9.3.1 if the Products are faulty or misdescribed; or
9.3.2 if you are ending the Contract because we have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 How we will refund you. We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
9.5.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.5.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 9.2.
10 OUR RIGHTS TO END THE CONTRACT
10.1 We may end the Contract if you break it. We may end the Contract for Products at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, such as delivery information; or
10.1.3 you do not, within a reasonable time, allow us to deliver the Products to you.
10.2 You must compensate us if you break the Contract. If we end the Contract in the situations set out in clause
10.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11 IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +44 (0) 1206 256101 (Monday to Friday between the hours of 08.30 am and 05.30 pm GMT) or write to us at firstname.lastname@example.org .
11.2 Summary of your legal rights. We are under a legal duty to supply Products that are in conformity with this Contract. See the box below for a summary of your key legal rights in relation to the Product. Nothing in these terms will affect your legal rights. Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. For goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: a) Up to 30 days: if your goods are faulty, then you can get an immediate refund. b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. See also clause 8.3. See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
11.3 Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products you must post them back to us. We will pay the costs of postage. Please call customer services on +44 (0) 1206 256101 or email us at email@example.com for a return label or to arrange collection.
12 PRICE AND PAYMENT
12.1 The price of the Products and our delivery charges will be as quoted on our site from time to time.
12.2 Prices include VAT where applicable. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
12.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
12.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our order procedures. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it. We do not have to provide the Products to you at the incorrect (lower) price.
12.5 Payment for all Products must be by credit or debit card. We accept payment with the credit or debit cards listed when you make payment. You will be asked to make payment at the check-out when submitting your order. We will charge your credit or debit card when you place your order and we shall dispatch the Products as soon as practicable thereafter.
13 OUR LIABILITY TO YOU
13.1 If we fail to comply with these terms and conditions, we are responsible for any loss or damage you suffer that is a foreseeable result of our breach of the terms and conditions or our failing to use reasonable care and skill, 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 this Contract.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products as summarised at clause 11.2.
13.3 We only supply the Product for domestic and private use. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity resulting from your use of the Product for any commercial, business or re-sale purposes.
13.4 Some of the Products are available in both print and electronic forms. You acknowledge and accept that for such Products the electronic version may have been updated or amended more recently than the print version.
13.5 Where you buy any Product from a third-party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.
14 IMPORT DUTY
14.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
14.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
15 INTELLECTUAL PROPERTY
15.1 The content of all the Products is owned by or licensed to us and is protected by English and international intellectual property laws. This includes all text, images, artwork and all other aspects of the Product. We retain all rights to the Products. They may not be copied, reproduced, transmitted, displayed, distributed or represented in any form or by any means, whether print, electronic, mechanical, photocopy, recording or otherwise, without prior written consent from us.
16 WRITTEN COMMUNICATIONS
16.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
17 NOTICES AND COMMUNICATIONS
17.1 All notices given by you to us must be given to JH Haynes & Co Ltd (trading as Haynes Publishing) at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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.
18 TRANSFER OF RIGHTS AND OBLIGATIONS
18.1 We may transfer our rights and obligations under these terms and conditions to another organisation, but that will not affect your rights or our obligations under this Contract. 18.2 You may only transfer your rights and obligations under this Contract if we agree to this in writing.
19 EVENTS OUTSIDE OUR CONTROL
19.1 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 events outside our reasonable control ("Force Majeure Event").
19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
19.2.1 strikes, lock-outs or other industrial action;
19.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
19.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
19.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
19.2.5 impossibility of the use of public or private telecommunications networks;
19.2.6 the acts, decrees, legislation, regulations or restrictions of any government; and
19.2.7 pandemic or epidemic.
19.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
20.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
20.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
20.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
21.1 If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
22 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
22.1 We have the right to revise and amend these terms and conditions from time to time.
22.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
23 LAW AND JURISDICTION
23.1 These terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with these terms or our Contract with you or its formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
24 THIRD-PARTY RIGHTS
24.1 A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
Version dated: 19 June 2020