The following terms of sale and supply shall apply to each order for the supply of goods on behalf of ACC Art Books. Acceptance of the Customer’s orders shall be subject to these terms and conditions, may be altered only with the Company’s consent in writing, and cannot be altered by Customer’s terms of purchase.
In these conditions of supply: “Carrier” means the agent or agents from time to time of the company for the carriage of goods. “Company” means ACC Art Books. “Customer” is a person contracting with the Company for the supply of Goods by the Company as agent for a Publisher under a contract for the purchase of the Goods. “Goods” means books, printed sheets, printed cards, magazines, cassettes, magnetic tapes, computer tapes, records, video discs, selling aids, and all other items that the Company offers for sale. “Publication Date” is that date in respect of any of the Goods that is shown on the invoice or despatch documentation or which the Company otherwise indicates as the first day they may be sold to the general public.
Goods will be delivered to the delivery address given and/or, if none is shown, to the person to whom the invoice is addressed/despatched. Any delivery dates are given as estimates only and in no circumstances shall the Company be liable for late delivery beyond such date. Subject to the books’ availability the company shall endeavor to deliver the goods within 14 days of receipt of order. If this can not happen the Company will contact the customer. Neither the Company nor the carrier is obliged to provide loading or unloading facilities on delivery. Goods will be despatched by our warehouse NBN International.
Goods may be subject to copyright protection as stated thereon.
Goods should not be returned to the Company unless previously authorised in writing by the Company.
The Customer acknowledges that the Company may change prices without notice or after Goods are invoiced. Unless otherwise agreed by the Company in writing invoiced prices will be subject to packing and delivery charges as shown on the checkout. VAT will not apply unless required by law. Any special request by the customer for Goods to be delivered by any means other than the Company’s normal arrangements shall be subject to an additional charge to cover the extra cost.
Payment is due to the Company before the despatch of goods
7 PROPERTY AND RISK
(a) Title to any Goods supplied at any time to the Customer by the Company shall not pass to the Customer, not withstanding delivery of any Goods or any documents representing them, until payment in full for any and such Goods supplied and all other amounts on any account whatsoever due from the Customer to the Company has been made in full by the Customer.
(b) Until the passing of property under Clause 7(a) (above) the Customer shall be bailee of the Goods for the Company and:
(i) shall keep the Goods in its possession and control, intact and in good condition:
(ii) pending the passage of property in the Goods under Clause 7(a) (above), the Customer shall not dispose of , charge or incumber any of the Goods or purport to do so except that the Company licenses the Customer to dispose of Goods on arm’s length terms in the ordinary course of its business.
(c) The Company shall be entitled at any time before the passing of the property in the Goods under Clause 7(a) (above), to terminate the licence granted to the Customer under Clause 7(b)(11) (above) and to enter upon the Customer’s premises (or any other premises where the Goods are kept) for the purpose of removing them.
(d) The illegality or unenforceability of any part of Clause 8 shall not affect the validity and enforceability of the remainder of Clause 8 and if any part of Clause 8 is held not to be valid but would be valid if part of the wording were deleted, or modified then that provision shall apply with such modification as may be necessary to make it enforceable.
(e) All Goods supplied by the Company are at the Customer’s risk from the time they are received at the Customer’s delivery address or, if the Customer is responsible for collecting the Goods, from the time they leave the Company’s premises, the Customer will be responsible for insuring the Goods while they are at its risk.
(a) The Company shall be liable for death or personal injury resulting from negligence of the Company its servants or agents (but not independent contractors) while acting in the course of their employment by the Company or for breach by the Company of any undertaking as to title implied by the supply of Goods and Services Act 1982.
(b) The Company dues not make or give any warranty representation or undertaking as to the quality of the Goods, their correspondence with description or fitness for purpose, that the Goods are not defamatory, injurious, obscene, unlawful or in breach of copyright or in any other manner whatsoever.
(c) Without prejudice to the foregoing provisions of this clause for any damage in or shortages in Goods delivered must be notified to the Carrier and the Company at the time of delivery and confirmed to the carrier and the Company in writing within 5 working days thereafter. Written notice of claims for non-delivery must be given to the Company within 14 days of the statement date. On no account will claims be considered if notified outside these periods.
(d) Subject to the foregoing provisions of this clause the Company shall not under any circumstances be liable to the Customer or any successor or assignee of the Customer in respect of any loss of whatsoever nature occurring to the Customer arising from the supply of Goods or from non-delivery, delayed delivery, damage to or loss of the Goods owing to an act or omission by the Company (including negligence) or any other cause not within the Company’s control including (without limitation) fire, flood, accident, strike, riot, lock-out, trade dispute, industrial action, terrorism, nuclear accident, war, insurrection, act or restraint of Government.
(e) The Company is not responsible for the content of external websites.
9 OVERSEAS CUSTOMERS
Goods supplied to overseas Customers are despatched by our desiganated carriers and the cost for said carriage is charged to the customer at the rates given at the checkout. Unless otherwise agreed by the Company in writing the Customer shall be responsible for all duties, levies, imports, taxes or other liabilities arising on the exportation of the Goods from the United Kingdom and importation of the Goods overseas.
All contracts under these Terms shall be governed by and construed in accordance with the laws of England and all disputes submitted to the exclusive jurisdiction of the English Courts.
11 SOCIAL MEDIA COMPETITIONS
By participating in our social media competitions, you fully agree and accept the following social media competition Terms and Conditions (“Terms and Conditions”):
ACC Art Books Ltd Twitter giveaways are open only to UK residents aged 18 and over as at the time of the competition opening.
Employees of ACC Art Books Ltd, the ACC Art Books Ltd brands, its affiliates or participating companies are not eligible to enter. Failure to comply with any part of this clause will disqualify the respective entry from the competition.
All responses must be received by midnight GMT on the date specified on the Tweet.
Only one response per person per giveaway will be accepted.
By entering this competition, an entrant is indicating his/her agreement to be bound by these competition terms and conditions.
Route to entry for different competitions and details of how to enter are via ACC Art Books Ltd’s social media accounts: Twitter @AccArtBooks, Instagram @accartbooks_ and Facebook @ACCArtBooks
The closing date for entry will be specified within the associated competition blog post. After this date, no further entries to the competition will be permitted.
No responsibility can be accepted for entries not received for whatever reason. The promoter will not be liable for any failure of receipt of entries. The promoter takes no responsibility for any entries which are lost, delayed, illegible, corrupted, damaged, incomplete or otherwise invalid.
There is no entry fee and no purchase necessary to enter this competition.
For competitions on Twitter each entrant shall enter the prize draw via Twitter only, in the way of retweeting the relevant Tweet including ACC Art Books Ltd twitter account name – @AccArtBooks.
The entrant must be following @AccArtBooks on Twitter in order to enter.
Obscene or inappropriate entries will not be accepted and ACC Art Books Ltd reserves the right to reject any entries for any reason at its sole discretion.
Entrants must not create multiple social media accounts in order to enter the competition.
Entrants must not post the same tweet repeatedly.
The winner/s will be selected by ACC Art Books Ltd at random from all complete entries via Twitter and announced after midnight GMT on the day specified.
The winning prize is as specified in the competition social media post.
The winner will be notified via social media within 28 days of the competition closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
We will notify the winner when and where the prize can be collected/or is delivered.
To the extent permitted by applicable law, the promoter’s liability under or in connection with the prize draw giveaway or these terms and conditions shall be limited to the value of the prize in question.
To the extent permitted by applicable law, the promoter shall not be liable under or in connection with these terms and conditions, the prize draw competition or any prize for any indirect, special or consequential cost, expense, loss or damage suffered by a participant even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by the participant and the promoter and whether arising from breach of contract, tort, negligence, breach of statutory duty or otherwise.
Prizes are non-negotiable, non-transferable and non-refundable. No cash alternative is available. Where a prize becomes unavailable for any reason, the promoter reserves the right to substitute that prize for a prize of equal or higher value.
In the event of unforeseen circumstances beyond the promoter’s reasonable control, the promoter reserves the right to cancel, terminate, modify or suspend the prize draw competition or these terms and conditions, either in whole or in part, with or without notice.
The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
The winner’s name will be available 28 days after closing date by email the following address: [email protected]
If someone cheats, or a virus, bug, catastrophic event, or any other unforeseen or unexpected event that cannot be reasonably anticipated or controlled, (also referred to as force majeure) affects the fairness and / or integrity of the giveaways, we reserve the right to cancel, change or suspend the giveaway.
Any changes to the competition will be notified to entrants as soon as possible by the promoter.
This right is reserved whether the event is due to human or technical error. If a solution cannot be found to restore the integrity of the giveaway, we reserve the right to select winners from among all eligible entries received before we had to cancel, change or suspend the giveaway.
If you attempt to compromise the integrity or the legitimate operation of the giveaway by hacking or by cheating or committing fraud in any way, we may seek damages from you to the fullest extent permitted by law. Further, we may ban you from participating in any of our future giveaways.
Any physical giveaway prizes will be posted out in due course. In these cases we’ll need a physical name and address. You will be solely responsible for all applicable import taxes related to accepting the prize
The promoter’s decision is final. No correspondence will be entered into.
The winner’s social media username will be posted on the relevant social media platform after the winner has been selected.
Copyright in all entries shall be owned by the promoter.
These terms and conditions and the competition prize draw are governed by UK law and subject to the non-exclusive jurisdiction of the UK courts.
Promoter: ACC Art Books Ltd.
Registered Office Address: ACC Art Books, Sandy Lane, Martlesham, Suffolk IP124SD
Tel: 01394 389950 Fax: 01394 389999
Registered in England:09488216 VAT Registration No: GB 285 4413 47