Sales and Website Terms & Conditions
Sales Terms & Conditions
- 1. Customer agree to be bound by C.T Sullivan terms and conditions.
- 2. All books are sold subject to the condition that they shall not, by way of trade or otherwise, be lent, re-sold, hired out or otherwise circulated without prior consent in any form of binding or cover than that in which it is published and without a condition to the same effect as this condition being imposed on the subsequent purchase.
- 3. The price of books is exclusive of any applicable value added or other tax or bank charges which the customer shall be additionally liable to pay to C.T Sullivan as shown on the invoice.
- 4. Goods are supplied subject to the credit terms and credit limit separately agreed between the customer and C.T Sullivan. Credit for trade customer can be withdrawn without notice.
- 5. Payment shall by PayPal and/or credit card - Visa, Mastercard or debit cards can be accepted in Pounds sterling, Euro’s and dollars.
- 6. All proforma invoices are subject to the order being accepted and to the availability of the goods. Proformas shall lapse 21 days after issue.
- 7. If the customer fails to make any payment on the due date then, without prejudice to any right or remedy available to C.T Sullivan, C.T Sullivan shall be entitled to charge the customer interest on the amount unpaid at a rate of 3% per annum above the Bank of England Base Rate.
- 8. Costs incurred by C.T Sullivan in the recovery of debt shall be payable by the customer.
- 9. C.T Sullivan reserves the right to withhold (without prior notice if, at C.T Sullivan sole discretion, immediate action is necessary) further supplies in the event of amounts payable being overdue, breach of any of the conditions of this agreement, or any other reason which, at C.T Sullivan's discretion, warrants such action.
- 10. Title and property in any goods, including full legal and beneficial ownership, shall not pass to the customer until C.T Sullivan has received full payment (in cash or cleared funds) for all goods delivered to the customer under this and all other contracts between the customer and C.T Sullivan. Full payment of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the customer and C.T Sullivan.
- 11. Delivery of goods is at the customer's expense and liability. Non-UK Orders: Delivery is sent "Delivered At Place" or DAP. This means the customer is responsible for any duties and taxes that may be payable to Customs prior to the customer taking delivery.
- 12. Delivery dates are only a guide and not legally binding. C.T Sullivan uses standard mail delivery around the world with dispatch by delivery partners including Royal Mail, UK Mail, DHL, DPD, TNT and UPS. C.T Sullivan accepts no liability for deliveries after they leave the UK, and cannot be held liable for any local delays or failures due to customs or local delivery issues. Where guaranteed overseas delivery is required please contact the office and for an additional fee a courier can be used and the goods insured.
- 13. Goods are supplied on 14 day return basis assuming returned in perfect condition.
- 14. C.T Sullivan will not be liable for shipment charges on returns or changes in the book prices between sale and return. Goods are only deemed to have been returned when they are signed for by C.T Sullivan at our offices.
- 15. The customer shall inspect the goods on delivery and inform C.T Sullivan in writing within 48 hours. Replacement can be refused if it not in stock.
- 16. It is the customer's responsibility to provide C.T Sullivan with a full and correct postal address. C.T Sullivan reserve the right to charge for redelivery in the event of incorrect details.
- 17. Subject to our conditions the total liability of C.T Sullivan to the customer whether in contract, tort, negligence, breach of statutory duty or otherwise for any loss or damage, costs or expenses arising under or connection with these terms and conditions shall not exceed 100% of the amount payable by the customer to C.T Sullivan under these terms and conditions in respect of the order giving rise to liability.
- 18. C.T Sullivan shall not be liable to the customer whether in contract, tort, negligence, breach of statutory duty or otherwise for loss of profit, revenue, use, anticipated savings, goodwill, reputation or opportunity, financial or other economic loss or any indirect or consequential loss or damage, costs or expenses whatsoever or howsoever arising from of or in connection with the terms and conditions. For the avoidance of doubt: i. C.T Sullivan shall not be liable for any delay or failure to perform its obligations under the agreement if any delay or failure was due to any cause beyond C.T Sullivan's reasonable control. ii. C.T Sullivan shall not be liable for any loss suffered by the customer arising from the failure of C.T Sullivan to fulfil its obligations where such failure is due to events outwith the control of C.T Sullivan
- 19. Any agreement for the supply and sale of goods on these terms and conditions shall terminate immediately if any order is made for the customer's bankruptcy, if the customer makes any composition arrangement with its creditors, becomes subject to an administration order, goes into liquidation (other than for the purposes of amalgamation or reconstruction), if an encumbrancer takes possession or a receiver is appointed of any of the property or assets of the customer, or if the customer, being a trade customer, ceases or threatens to cease to carry on business, or if C.T Sullivan believes and of these events is about to occur. If the goods have been delivered but not paid for the price shall become immediately due and payable.
- 20. C.T Sullivan reserves the right (without notice if, at C.T Sullivan's sole discretion, immediate action is necessary) to terminate supply or orders of, or (in cases where the order has been despatched) reclaim title and property in, any book which is (or in C.T Sullivan's reasonable opinion may become) the subject of a libel action or any similar reason.
- 21. The agreement for the supply of goods shall be governed by the laws of England and these terms and conditions will be interpreted in accordance with these laws.
- 22. If any provision of these terms and conditions is held for any reason to be ineffective or unenforceable this shall not affect the validity or enforceability of the other provisions of these terms and conditions.
- 23. No waiver by C.T Sullivan of any breach of the agreement by the customer will be treated as a waiver of any subsequent breach of the same or any other provision.
Use of this Website
- These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and C.T. Sullivan, the owner and operator of this Website (the “Owner Operator”).
- Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
- In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) the Owner Operator or (ii) engaged as a consultant or otherwise providing services to the Owner Operator and accessing the Website in connection with the provision of such services. Intellectual property and acceptable use.
- 1. All Content included on the Website, unless uploaded by Users, is the property of the Owner Operator. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the Owner Operator's prior written permission
- 2. You may, for your own personal, non-commercial use only, do the following: retrieve, display and view the Content on a computer screen.
- 3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of the Owner Operator.
Prohibited use - 4. You may not use the Website for any of the following purposes: • in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website; • in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order; • making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner. Links to other websites.
- 5. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of the Owner Operator or that of our affiliates. </li><li>6. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
- 7. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them. Privacy Policy and Cookies Policy.
- 8. Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the appropriate link on the Website. Availability of the Website and disclaimers.
- 9. Any online facilities, tools, services or information that the Owner Operator makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. The Owner Operator is under no obligation to update information on the Website.
- 10. Whilst the Owner Operator uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
- 11. The Owner Operator accepts no liability for any disruption or non-availability of the Website.
- 12. The Owner Operator reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise. Limitation of liability
- 13. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
- 14. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
- 15. To the maximum extent permitted by law, the Owner Operator accepts no liability for any of the following: any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities; loss or corruption of any data, database or software; any special, indirect or consequential loss or damage.
General
- 16. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
- 17. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
- 18. These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
- 19. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
- 20. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
- 21. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
- 22. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.