Terms and Conditions for Online Sales
1. INTRODUCTION AND SCOPE
1.1 The terms and conditions set out below (the ‘Terms’) are those on which we supply any of the products (‘Products’) listed on the New City Website.
You should print a copy of the Terms for future reference.
2. INFORMATION ABOUT US
2.1 This website at www.newcity.co.uk (‘the Site’) is owned and operated by Mariapolis Limited, which is a charity (257912) and a limited liability company incorporated under English law (company number 00930265), and the address of whose registered office is: Unit 1, Polaris Centre, 41 Brownfields, Welwyn Garden City, Herts AL7 1AN, United Kingdom.
2.2 Our VAT number is 228 2342 78.
2.3 References in the Terms to “we”, “us” and “our” are references to New City, the Publishing House of Mariapolis Ltd situated at: Unit 1, Polaris Centre, 41 Brownfields, Welwyn Garden City, Herts AL7 1AN, United Kingdom; Tel: +44 1707 903900.
3. YOUR STATUS
3.1 By placing an order to purchase any Product via the Site (‘Order’), you warrant that:
• you are legally capable of entering into binding contracts;
• and that you are at least 18 years old.
4. OUR STATUS
4.1 The Site may contain links to other websites that we believe will or may be of interest to you. You acknowledge that we are not responsible for and have no control over the content or material of such websites, the operators of which do not necessarily have any association with us. You also acknowledge that we expressly disclaim all guarantees, conditions, warranties, representations and other terms that might otherwise be implied by legislation, common law or the law of equity with respect to any products and/or services that you purchase from third party sellers through such other websites. This disclaimer does not affect your statutory rights (if any) against any third party seller.
5. RISK AND TITLE
5.1 Each Product will be at your risk from the time of its delivery.
5.2 Ownership of each Product will only pass to you when the Processor receives full payment of all sums due in respect of it including any delivery charges.
6. PRICE AND PAYMENT
6.1 The price of any Product will be as quoted on the Site from time to time, except in cases of obvious error.
6.2 Each said price includes VAT but excludes delivery costs, which will be added to the total amount due as set out in our Delivery Guide.
6.3 Online payments for the Products are made via a third party payment handler (“the Processor”). Your payment is not made directly to us. Online payments are subject to the terms and conditions of the Processor. We are not responsible for the processing of online payments.
7. LIMITATION OF LIABILITY PLEASE READ THIS CLAUSE CAREFULLY
7.1 This Clause 7 sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of the following:
• any breach of the Terms or of any Contract;
• any use made by you of any Product; and
• any representation, statement or tortuous act or omission (including negligence and breach of statutory duty) arising under or in connection with the Terms or any Contract.
7.2 Notwithstanding anything to the contrary herein, nothing in the Terms limits or excludes our liability to you:-
• for death or personal injury caused by our negligence; or
• for any loss or damage incurred by you as a result of fraud or fraudulent misrepresentation by us; or
• for any other matter that cannot be limited or excluded by applicable law.
7.3 Subject to Clause 7.2, all warranties, representations, guarantees, conditions and other terms, whether implied by legislation, common law or equity, are, to the fullest extent permitted by applicable law, disclaimed and excluded by us from the Terms.
7.4 Subject to Clause 7.2, our entire liability in respect of any claim against us by you arising under or in relation to the Terms and/or any Contract shall in no event exceed an amount equal to the purchase price of the Product(s) to which the said claim relates.
7.5 Subject to Clause 7.2 we hereby disclaim and exclude all liability (whether in tort (including negligence), contract, equity or otherwise) for any indirect, consequential, secondary or special loss or damage whatsoever and howsoever incurred (whether or not foreseeable, and even if such loss or damage results from a deliberate breach by us of the Terms and/or any Contract), including but not limited to:
• loss of income or revenue;
• loss of business or business opportunity
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill or injury to reputation;
• waste of management or office time;
7.6 Provided that this Clause 7 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of Clause 7.4 or any other claims for direct financial loss that are not excluded by any part of Clause 7.5.
7.7 We shall have no liability to you hereunder to the extent that we are prevented from or delayed in performing any of our obligations hereunder by Force Majeure. For the purposes of the Terms “Force Majeure” shall mean acts, events, omissions or accidents beyond our reasonable control, including strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, terrorism, malicious damage, compliance with any legal requirement, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
8. IMPORT DUTY
8.1 If you order Products from the 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. As between you and us, you will be exclusively responsible for payment of any such import duties and taxes.
8.2 You must comply with all applicable laws and regulations of the country for which the said Products are destined.
9. WRITTEN COMMUNICATIONS
9.1 Applicable laws require that some of the information or communications that we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. 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.
10.1 All notices, orders, claims, demands or other forms of communication required or entitled to be given by you to us (or vice versa) under or in connection with the Terms or any Contract (together “notices”) shall be given in writing in the English language.
10.2 Notices shall be served by pre-paid post or by electronic mail.
10.3 Notices shall be deemed to have been received:
10.4 if sent by pre-paid post, :
• On the 5th (fifth) Working Day after the day of posting;
10.5 if sent by electronic mail:
• if transmitted between 0900 and 1700 hours on a Working Day, on completion of receipt by the sender of verification of the transmission from the receiving instrument; or
• if transmitted at any other time, at 0900 on the 1st (first) Working Day following the completion of receipt by the sender of verification of the transmission from the receiving instrument.
10.6 For the purpose of the service of notices:- • our postal address is as specified in Clause 2.1, and our email address is email@example.com; and • your postal address and email address are as specified by you in your Order to us.
10.7 For the purposes of the Terms a “Working Day” means any day other than: a Saturday or a Sunday or a public holiday in England.
11.1 If any Term or any provision of a Contract is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such Term or provision will to that extent be severed from the remaining Terms and provisions which will continue to be valid to the fullest extent permitted by applicable law.
12. ENTIRE AGREEMENT
12.1 The Terms constitute the whole agreement between us, and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
12.2 We each acknowledge that, in entering into a Contract, neither of us relies on any statement, representation, assurance or warranty (“Representation”) of any person (whether a party to that Contract or not) other than as expressly set out in the Terms.
12.3 Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in the Terms.
12.4 Nothing in this clause shall limit or exclude any liability for fraud.
13. LAW AND JURISDICTION
13.1 The Terms and each Contract shall be governed by and construed in accordance with the laws of England and Wales, and all disputes arising in connection with them shall be submitted to the exclusive jurisdiction of the English courts, save that we retain the right to bring proceedings against you for breach of any Term or Contract in your country of residence or any other relevant country.
1. INTRODUCTION AND SCOPE
1.1 This delivery guide applies to orders for physical goods, made online via the New City Website.
1.2 When buying physical goods, the contract is between you and New City but we may use a third party to collate and deliver the goods.
2. DELIVERY CHARGES
2.1 Postage and packing are charged at the rate of 10% of the net order value for deliveries within the U.K. and at the rate of 20% of the net order value for delivery in Europe, and at the rate of 30% of the net order value for delivery outside Europe, with a maximum charge of £5.
3. DELIVERY NOTIFICATION
3.1 Once your order has been placed on our website, we will send an automated email order confirmation/invoice to the email address registered by the purchaser and another email confirming either that the order has been completed or cancelled. Normally, no further notifications or communications regarding your order will be made. However, we will of course contact you in the event of a query or problem regarding your order.
4. DELIVERIES AND RETURNS
4.1 Deliveries will be made to the delivery address given at the time of order.
4.2 If after checking your order, you find that it has been unacceptably damaged in transit, please call us immediately on +44 1707 903900 or email us at firstname.lastname@example.org to report it. You will be offered a full refund for the price of the item, delivery cost and your postage costs to return it to us if we request you to do so.
4.3 If after checking your order, you find that one or more items you received do not correspond to the items you ordered, please call us immediately on +44 1707 903900 or email us at email@example.com to report it and we will provide that the correct items are sent to you as soon as possible and make arrangements with you regarding any returns to us of the erroneous sent items.