ECRBOOKSHOP.COM
TERMS AND CONDITIONS OF SALE
IMPORTANT – PLEASE READ BEFORE PLACING AN ORDER
IF YOU PURCHASE GOODS USING THIS SITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF SALE.
1 - DEFINITIONS AND INTERPRETATION
In these terms and conditions:-
"ecrbookshop.com" means eastcoastrivers.com, any connected organisation that actually supplies goods ordered by you and any successor to the business of eastcoastrivers.com;
"working day" means every day of a calendar year apart from weekends and statutory and public holidays;
"us" means ecrbookshop.com and you together; and
"you" and "your" means the person ordering goods under these terms and conditions.
2 - THE CONTRACT BETWEEN US
- ecrbookshop.com is the retail on-line sales division of eastcoastrivers.com.
- These conditions shall apply to all contracts for the sale of goods by ecrbookshop.com concluded via the ecrbookshop.com web site to the exclusion of all other terms and conditions, including any terms supplied by you at any time.
- Any order placed by you in response to the material set out on the ecrbookshop.com web site shall constitute an offer by you to purchase goods from ecrbookshop.com, which ecrbookshop.com shall be free to accept or reject.
- ecrbookshop.com must receive payment by credit card of the whole of the price for the goods [plus the amount of the delivery charges and any relevant taxes or duties which ecrbookshop.com is obliged to collect] that you order before your order can be accepted. Once full payment has been received and Kelvin Hughes Ltd has determined that it shall meet your order, ecrbookshop.com will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. ecrbookshop.com's acceptance of your order evidenced by receipt at your email address of ecrbookshop.com’s email brings into existence a legally binding contract between us.
3 - PRICE
- The prices payable for goods that you order (net of delivery and insurance costs and any applicable sales, export or import taxes, for which you must pay in addition) are the prices displayed on our ecrbookshop.com site at the time you place an order as confirmed by ecrbookshop.com’s acceptance e-mail. In the case of any difference between the prices set out on our ecrbookshop.com site and ecrbookshop.com’s acceptance email, the prices set out in the email shall apply.
- ecrbookshop.com reserves the right at any time to revise its prices without notice.
- You will be required to pay extra for delivery and insurance (and any taxes or duties if applicable).
- It might not be possible for ecrbookshop.com to deliver to some locations in which case ecrbookshop.com shall be entitled to decline the order.
4 - WITHDRAWAL BY YOU FROM THE CONTRACT
- You may withdraw your order for goods at any time up to the end of the seventh working day after the date of receipt by you of the goods provided you have not altered or damaged the goods in any way, or, in the case of videos or computer software, unsealed them from their shrink-wrap or cellophane packaging. You do not need to give ecrbookshop.com any reason for withdrawing your order nor will you have to pay any penalty.
- The only circumstances in which you cannot withdraw your order are where you have altered or damaged the goods which you have already received (or the ones in relation to which you want to withdraw your order) or, in the case of videos or computer software, unsealed them as described in condition 4.1 above or where you have failed to notify ecrbookshop.com of your wish to withdraw within seven working days of your receipt of the goods.
- To withdraw your order in accordance with condition 4.1 above you must notify ecrbookshop.com via our contact page and, where the goods have already been dispatched, ecrbookshop.com will agree with you a method and price for the return of the unwanted goods to ecrbookshop.com.
- If you have received the goods before you withdraw your order then, unless you have lost your right to withdraw because you have altered or damaged them in any way, or, in the case of videos or computer software, unsealed them as described in condition 4.1 above or failed to notify ecrbookshop.com within seven working days of your receipt of the goods of your wish to withdraw, you must send the relevant goods back to ecrbookshop.com’s nominated return address at your own cost and risk. If you withdraw your order before you receive the goods but ecrbookshop.com has already processed the goods for delivery, when you receive the goods, you must not unpack, alter or damage the goods and you must send the goods back to ecrbookshop.com’s nominated return address at your own cost and risk as soon as possible.
- Once you have notified ecrbookshop.com that you are withdrawing your order, and provided that the goods in question are returned by you and received by ecrbookshop.com in the condition they were in when delivered to you, any sum debited by ecrbookshop.com from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order together with the agreed costs of the return of the goods to ecrbookshop.com.
5 - NON-FULFILMENT OF YOUR ORDER
If ecrbookshop.com has insufficient stock to deliver the goods ordered by you, or for any other reason does not accept your order, any sum debited by ecrbookshop.com from your credit card will be re-credited to your account and ecrbookshop.com will notify you by email at the address given by you in your order form. The refund will be made as soon as possible and in any event within 30 days of your order. Re-credit of the amount debited from your credit card shall be the only payment due by ecrbookshop.com to you where an order is not accepted or goods cannot be delivered to you. ecrbookshop.com shall not be liable to pay any additional compensation for losses or damages of any kind incurred by you as a result of non-fulfilment of your order (including, without limitation, lost profits, loss of enjoyment, and direct, indirect, consequential, or special losses of any kind), whether or not you have notified ecrbookshop.com of the possibility of such losses.
6 - DELIVERY OF GOODS TO YOU
- If your order is accepted, ecrbookshop.com will deliver the goods ordered by you to the address you give ecrbookshop.com for delivery at the time you place your order. Subject to availability, ecrbookshop.com will endeavour to provide that goods are delivered within 30 days from the date of ecrbookshop.com’s acceptance e-mail to you.
- You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and ecrbookshop.com will not be liable for their loss, damage or destruction.
7 - PRODUCT WARRANTIES AND GUARANTEES
Save as provided by law, the only warranties and representations relating to the goods given to you by ecrbookshop.com are those set out in the written documentation (if any) supplied with the goods in question.
8 - LIABILITY
- If the goods ecrbookshop.com delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, ecrbookshop.com shall have no liability to you unless you notify ecrbookshop.com of the problem within ten working days of the delivery of the goods in question by contacting us by phone on 01394 385890 or using our contact page If you do not receive the goods ordered by you within 30 days of the date on which you ordered them, ecrbookshop.com shall have no liability to you unless you notify ecrbookshop.com of the problem within 40 days of the date on which you ordered the goods by using our contact page.
If you notify a problem to ecrbookshop.com under this condition, ecrbookshop.com's only obligation will be, at its option:-
- to make good any shortage or non-delivery;
- to replace or repair any goods that are damaged or defective; or
- to refund to you the amount paid by you for the goods in question together with any agreed costs incurred by you in returning any incorrect, defective or damaged goods if so agreed to ecrbookshop.com’s nominated return address.
- Subject to condition 8.5 below, ecrbookshop.com will not be liable to you for any direct or indirect or consequential or special loss or damage (including without limitation, any loss of profits) arising out of any problem you notify to ecrbookshop.com under this condition and ecrbookshop.com shall have no liability to pay any money to you by way of compensation other than, where applicable, to refund to you the amount paid by you for the goods in question and any agreed return delivery charges as set out in paragraph 8.3.3 above.
- Nothing in this condition is, however, intended to limit any rights you might have as a consumer under English law or under any applicable local law which may not be excluded by law, nor in any way to exclude or limit ecrbookshop.com's liability to you for any death or personal injury resulting from its negligence.
9 - FORCE MAJEURE
ecrbookshop.com shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.
10 - INVALIDITY
If any part of these conditions is unenforceable (including any provision in which ecrbookshop.com excludes its liability to you) the enforceability of any other part of these conditions will not be affected.
11 - GOVERNING LAW
The contract between us shall be governed by and interpreted in accordance with English law, and you accept that English law applies and that the English courts shall have non-exclusive jurisdiction to resolve any disputes between us.
12 - ENTIRE AGREEMENT
These terms and conditions, together with the current ecrbookshop.com web site prices, the delivery details supplied by you by email to ecrbookshop.com, the information set out on ecrbookshop.com’s acceptance e-mail to you, ecrbookshop.com’s contact details set out on the ecrbookshop.com site and the information set out on the invoice sent to you with the goods, comprise together the whole of our agreement relating to the supply of the goods to you by ecrbookshop.com. These terms and conditions cannot be varied except in writing signed by a director of ecrbookshop.com. In particular nothing said by any sales person on behalf of ecrbookshop.com should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by ecrbookshop.com. ecrbookshop.com shall have no liability for any such representation being untrue or misleading.
