Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 01923 602960.
- These Terms and Conditions will apply to the purchase of the Goods by you (the Customer or you). We are Clearsay Limited whose trading name is Clearsay Publishing, a company registered in England and Wales under number 07130081, whose registered office is at Canal Cottage, Grove Mill Lane, Watford, Hertfordshire, WD17 3TT, with email address firstname.lastname@example.org; telephone number 01923 602960; (the Supplier or us or we).
- These are the terms on which we sell all our Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession.
- Contract means the legally-binding agreement between you and us for the supply of the Goods.
- Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order.
- Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored.
- Goods means any Goods that we supply to you, of the number and description as set out in the Order.
- Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website.
- Website means our website https://www.understandingpreeclampsia.com on which the Goods are advertised.
- The description of the Goods is as set out in the Website or other form of advertisement.
- All Goods which appear on the Website are subject to availability.
- We may contact you by using e-mail if you expressly agree to this.
Basis of Sale
- The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- A Contract will be formed for the Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract.
- No variation of the Contract can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Fees and Payment
- The price of any Goods and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing.
- You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
- We will deliver the Goods to the Delivery Location without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
- We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
- If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
- Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
- You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice, to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal returns and cancellation
- You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- You can cancel the Contract by telling us no later than 14 days after the Contract was made, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to our business premises the Goods in undamaged condition at your expense. Then we must without delay refund to you the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights below.
- This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below.
Right to cancel
- Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
- The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier, indicated by you, acquires physical possession of the Goods.
- To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). You can use the model cancellation form on this Website, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
- You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer’s decision to cancel the Contract on our website https://www.understandingpreeclampsia.com. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
- Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery.
Deduction for Goods supplied
- We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
- We will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any Goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at Unit 25, Horseshoe Business Park, Lye Lane, Bricket Wood, St Albans, Hertfordshire, AL2 3TA without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
- For the purposes of these Cancellation Rights, these words have the following meanings:
- distance contract means a contract concluded between a trader and a consumer under an organised distance sales scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
- sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price.
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Goods will:
- be of satisfactory quality in terms of their physical appearance and construction.
- conform to their description.
- The Contract continues as long as it takes us to deliver the Goods.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable and
- the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel above).
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints as follows: If your book does not arrive in perfect condition, you can return it to us and we will replace it and refund the cost of your return postage as long as you notify us within 14 days of placing your order (21 days outside the UK). We will also replace non-delivered books as long as non-delivery is reported within 14 days of placing your order (21 days outside the UK).
- These terms and conditions were based on a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).