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This website (“the Website”)
is operated by Bloom Media Ltd, 357 Roundhay Road, Leeds, LS8
4BU, UK. Tel: 0870 086 9959 trading as MAGscriber (referred to
as "MAGscriber/we/our/us"). As the user of the Website
(referred to as "you/your") you acknowledge that any
use of the Website including any transactions you make ("use/using")
is subject to our terms and conditions (“Conditions”)
below (which includes any other important hyper-linked sections.
Please:
- Read through these Conditions carefully before using
this website
- Print a copy for future reference.
- Also read our Privacy Policy section
regarding your personal information.
1. General
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1.1 |
We reserve the right to change these Conditions
at any time. Any such changes will take effect
when posted on the Website (see date at the
top) and it is your responsibility to read the
Conditions on each occasion you use the Website
and your continued use of the Website shall
signify your acceptance to be bound by the latest
terms and conditions. |
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1.2 |
If you are not a consumer, you confirm that
you have authority to bind any business on whose
behalf you use the Website |
2.
Order Process
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2.1 |
We reserve the right to change these Conditions
at any time. Any such changes will take effect
when posted on the Website (see date at the
top) and it is your responsibility to read
the Conditions on each occasion you use the
Website and your continued use of the Website
shall signify your acceptance to be bound
by the latest terms and conditions. |
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2.2 |
If you are not a consumer, you confirm that you have authority
to bind any business on whose behalf you use the Website.
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2.3
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Acceptance of your magazine order and the completion of
the contract between you and us will take place on dispatch
to you of the uk products ordered, unless we have notified
you that we do not accept your magazine order or you have
cancelled it. |
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2.4 |
We do not file details of the Conditions with your uk magazine
order for you to subsequently access direct on the Website,
and therefore, please print out these Conditions and the
order acknowledgement for your own records. |
3. Delivery
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3.1 |
The costs of uk magazine subscriptions listed on the Website
include delivery using standard Post office delivery. We
can accept no responsibility for any issues that may get
lost in the post. |
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3.2 |
Typically we will commence the magazine subscription with
the first available issue, 4-6 weeks following the date
of the order (dependant on payment clearing, uk magazine subscription
cycle and uk magazine frequency). MAGscriber shall be under
no liability for any delay or failure to deliver the products
within estimated timescales. |
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3.3
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Risk of loss and damage of products passes to you on the
date when the products are delivered or on the date of first
attempted magazine delivery. |
4. Payment
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4.1 |
We take payment from your card at the time
we receive your order, once we have checked
your card details. We cash your cheque as
soon after receipt as possible. Goods are
subject to availability. In the event that
we are unable to supply the goods, we will
inform you of this as soon as possible. A
full refund will be given where you have
already paid for the goods. |
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4.2 |
The price you pay is the price displayed
on the Website at the time we receive your
order apart from the following exception:
While
we try and ensure that all prices on the
Website are accurate, errors may occur.
If we discover an error in the price of
goods
you have ordered we will inform you as
soon as possible and give you the option
of reconfirming
your order at the correct price or cancelling
it. If we are unable to contact you we
will treat the order as cancelled. If you
change your mind on your order and cancel
having already paid for the goods,
you will receive a full refund minus a £5.00 administration fee. |
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4.3
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Payment can be made by any method specified
in the payment pages. For information about
secure on-line ordering see Security. |
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4.4 |
Title to any products you order on the
Website shall pass to you on delivery of
the products provided that we have processed
and received payment in full for the products. |
5. Returns,
Cancellations and Substitutions
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5.1 |
Whilst we take reasonable care in compiling and presenting
the information found on the Website, the detailed magazine
information is largely provided by the magazine publishers
themselves and we can offer no warranty as to their accuracy.
Any returns, cancellations or substitutions shall be conducted
between you and the publisher, once payment is completed. |
6.
Intellectual Property
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6.1 |
You acknowledge and agree that all copyright,
trademarks, trade names, logos and all other
intellectual property rights in all materials
and/or content made available as part of
your use of the Website shall remain at all
times vested in us or our licensors. You
are permitted to use this material only as
expressly authorised by us or our licensors. |
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6.2 |
You acknowledge and agree that the material
and content contained within the Website
is made available for your private and personal
non-commercial use only and that you may
only download or print such material and
content for the purpose of using the Website.
You further acknowledge that any other use
of the material and content of the Website
is strictly prohibited and you agree not
to (and agree not to assist or facilitate
any third party to) copy, reproduce, transmit,
publish, display, distribute, commercially
exploit or create derivative works of such
material and content. |
7. Liability and Indemnity
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7.1 |
Nothing in these Conditions excludes or
limits liability for death or personal injury
caused by negligence, fraudulent misrepresentation,
or any other liability which may not otherwise
be limited or excluded under applicable law. |
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7.2 |
Subject to Section 7.1 above, MAGscriber
will use reasonable endeavours to verify
the accuracy of any information on the Website
but makes no representation or warranty of
any kind express or implied statutory or
otherwise regarding the contents or availability
of the Website or that it will be accurate
timely or error-free, that defects will be
corrected, or that the site or the server
that makes it available are free of viruses
or bugs or represents the full functionality,
accuracy, reliability of the Website. MAGscriber
will not be responsible or liable to you
for any loss of content or material uploaded
or transmitted through the Website and MAGscriber
accepts no liability of any kind for any
loss or damage from action taken or taken
in reliance on material or information contained
on the Website. |
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7.3 |
Subject to Section 7.1 above, other than
as expressly provided in these Conditions
with respect to specific products and except
for the exclusive remedies set out at Section
5 above, any indemnities, warranties, terms
and conditions (whether express or implied)
are hereby excluded to the fullest extent
permitted under applicable law. |
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7.4 |
Subject to Section 7.1 above, MAGscriber
will not be liable, in contract, tort (including,
without limitation, negligence), pre-contract
or other representations (other than fraudulent
on negligent misrepresentations) or otherwise
out of or in connection with these Conditions
for any economic losses (including without
limitation loss of revenues, data, profits,
contracts, business or anticipated savings)
or loss of goodwill or reputation or
special or indirect lossessuffered or incurred
by that party arising out of or in connection
with the provisions of any matter under these
Conditions. |
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7.5 |
Notwithstanding the above, subject to Section
7.1 MAGscriber's aggregate liability (whether
in contract, tort or otherwise) for loss
or damage shall in any event be limited to
a sum equal to the amount paid or payable
by you for the product(s) in respect of one
incident or series of incidents attributable
to the same clause. |
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7.6 |
This clause 7 does not affect your statutory
rights as a consumer, nor does it affect
your contract cancellation rights. |
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7.7 |
We will take all reasonable precautions to keep the details
of your uk magazine order and payment secure, but, unless we
are negligent, we cannot be held liable for any losses caused
as a result of unauthorised access to information provided
by you. |
8. Miscellaneous Provisions
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8.1 |
The laws of England and Wales shall exclusively
govern the interpretation, application and
effect of these Conditons. Any dispute between
us will be resolved exclusively in the courts
of England under English law. English is
the only language offered for the conclusion
of the contract. |
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8.2 |
We have selected our magazine products on the basis that
they will be used for domestic use only, if you are planning
to use them for business purposes please make sure that
you are covered by appropriate insurance. |
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8.3 |
MAGscriber shall be under no liability
for any delay or failure to deliver products
or otherwise perform any obligation as specified
in these Conditions if the same is wholly
or partly caused whether directly or indirectly
by circumstances beyond its reasonable control. |
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8.4 |
To provide increased value to our customers,
we may provide links to other websites or
resources for you to access at your sole
discretion. You acknowledge and agree that,
as you have chosen to enter the linked website
we are not responsible for the availability
of such external sites or resources, and
do not review or endorse and are not responsible
or liable, directly or indirectly, for (i)
the privacy practices of such websites, (ii)
the content of such websites, including (without
limitation) any advertising, content, products,
goods or other materials or services on or
available from such websites or resources
or (iii) the use to which others make of
these websites or resources, nor for any
damage, loss or offence caused or alleged
to be caused by, or in connection with, the
use of or reliance on any such advertising,
content, products, goods or other materials
or services available on such external websites
or resources. |
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8.5 |
You may not assign or sub-contract any
of your rights or obligations under these
Conditions or any related order for products
to any third party unless agreed upon in
writing by MAGscriber. |
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8.6 |
MAGscriber reserves the right to transfer,
assign, novate or sub-contract the benefit
of the whole or part of any of its rights
or obligations under these Conditions or
any related contract to any third party. |
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8.7 |
If any portion of these Conditions is held
by any competent authority to be invalid
or unenforceable in whole or in part, the
validity or enforceability of the other sections
of these Conditions shall not be affected. |
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8.8 |
These Conditions do not create or confer
any rights or benefits enforceable by any
person that is not a party within the meaning
of the Contracts (Rights of Third Parties)
Act 1999 except:
a) MAGscriber shall have
the right to enforce any rights or benefits
under these Condition
;
b) MAGscriber shall
have the right to enforce and take the
benefit of the rights or benefits of any
limitation
or exclusion or limitation of liability
in these Conditions;
c) a person who is a permitted
successor or assignee under Section 8.6
above of the rights or benefits of these
Conditions
may enforce such rights or benefits.
d)
No consent from the persons referred to
in Section
8.9 is required for the parties to vary
or rescind these Conditions (whether or
not
in any way that varies or extinguishes
rights or benefits in favour of such third
parties).
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8.9 |
No delay or failure by MAGscriber to exercise
any powers, rights or remedies under these
Conditions will operate as a waiver of them
nor will any single or partial exercise of
any such powers, rights or remedies preclude
any other or further exercise of them. Any
waiver to be effective must be in writing
and signed by an authorized representative
of MAGscriber. |
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8.10 |
These Conditions including the documents
or other sources referred to in these Conditions
supersede all prior representations understandings
and agreements between you and MAGscriber
relating to the use of the Website (including
the order of products) and sets forth the
entire agreement and understanding between
you and MAGscriber for your use of the Website
to the exclusion of all other written or
verbal representations, statements, understanding,
negotiations, proposals or statements. |
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