Terms and Conditions of Supply
EFFECTIVE from 1st June 2013 until further notice.
References in these Terms and Conditions of Supply to the 'ESB Group' shall mean any or all of The European Bookshop, the Young Europeans Bookstore, the Italian Bookshop, the Young Linguists Bookstore and/or their parent company European Schoolbooks Limited and all of its officially registered websites as appropriate; and references to 'Customer', 'you', 'yourselves' and like expressions shall mean any party contracting with any part of the ESB Group through this website for the purchase of goods or services.
This document sets out our complete Terms and Conditions of Supply, and our Shopping facility asks you to confirm that you have read and accepted them before submitting your orders.
These Terms and Conditions, which may be updated from time to time, govern all transactions between the ESB Group and the Customer, and may not be varied or supplemented by any Customer's terms of purchase which have not been explicitly agreed in writing by a manager of the ESB Group.
- Orders
- Our online catalogue
- Prices
- Discounts
- Transmission of orders
- Delivery
- Payment
- Retention of title
- Bibliographical services
- Returns
- Subscriptions (periodicals)
- Non-observance
- Variations of terms and conditions
- Copyright
- Liability
1 Orders
A contract is formal between the Customer and the ESB Group when (and not before) we notify you by email that your order has been accepted. We reserve the right not to accept any order or part thereof for any reasons. While the price and other conditions shown are given in good faith on the basis of the latest information at our disposal, we are dealing with over 120,000 titles, and hundreds of publishers, and accordingly we reserve the right to withdraw our acceptance of any order or part thereof if any ordered goods are not readily available to us.
You may cancel an order at any time up to seven (7) days after it has been accepted.
You may not cancel it after that time without the written agreement of a director of the ESB Group.
2 Our online catalogue
The titles in our main catalogue (the 'Main Catalogue') are selected by the ESB Group as suitable for the purpose (language learning, study of literature, leisure reading etc), age-groups and ability levels indicated. If any title in this section is shown to be unsuitable for the suggested purpose or category, we will accept its return without question for full refund.
Titles shown as 'not in our catalogue' are 'specials' we have obtained for customers in the past two years but decided not to catalogue. We make no guarantees whatever as to their quality, suitability or availability. No titles in this category may be returned as being unsuitable.
3 Prices
Prices shown in the Main Catalogue are current and, errors and omissions excepted, will be honoured as shown at the time of ordering. Prices shown as 0.00 have not yet been fixed.
Prices of 'specials' are given as guidelines only, and may be varied according to the publisher's current prices and terms at the time of ordering. Any such price change will not apply to orders for goods which the ESB Group has accepted.
Without prejudice to the above, the ESB Group reserves the right to change prices shown on this site at any time, and for whatever reason, without prior notice.
4 Discounts
Educational discounts are available to schools and colleges on multiple copy orders. Special terms may be available on larger orders. All discounts must be agreed in writing by a director of the ESB Group before or at the time of ordering. No retrospective adjustments can be allowed.
Discounts and not cumulative. If the Customer is entitled to discount, when a discount is offered on an ESB Group website, the higher of the two discounts will be applied to the full catalogue price.
6 Transmission of orders
If you do not wish to use the Shopping facility on this site for transmission of your orders, you can still use it to compile and print them, and then send them by fax, e-mail or ordinary mail.
Please quote ISBNs or ESB catalogue numbers wherever possible when ordering.
7 Delivery
a) the ESB Group will arrange the method of shipment of all consignments unless specifically instructed otherwise by the Customer.
b) Where the ESB Group arranges the method of shipment, deliveries within the UK mainland are charged at a standard rate of 10% of invoice value with a minimum charge of £1.50 and a maximum charge of £5. the ESB Group retains full responsibility for the condition of the goods until delivery at the Customer's premises.
c) Where the Customer specifies the carrier and/or method of delivery for all or any part of the delivery journey, the Customer is responsible for his carrier's charges, and for the condition of the goods from the moment they are delivered to that carrier and/or other agent.
d) VAT may be added to carriage charges according to the contents of the consignment: if they comprise only zero-rated items, then the carriage charges are also zero-rated; otherwise VAT must be added to carriage charges.
e) In the cases of special delivery instructions, delivery to any address other than a recognised Customer address, and all overseas deliveries, the ESB Group may invoice related charges, on a separate invoice if necessary, after determining the total costs involved. In the case of overseas deliveries, the Customer shall be responsible for all taxes, levies, duties and charges of a similar nature arising outside the United Kingdom.
f) The goods will be delivered to the address entered by you on the order form. Goods will normally be despatched within the delivery delay indicated in the catalogue title details, However time for delivery shall not be of the essence, and the ESB Group shall not be liable for any excess delay in delivery.
8 Payment
a) the ESB Group's terms are strictly nett. No settlement discounts or other deductions may be taken against the amount due. All amounts shown are in Sterling unless clearly indicated otherwise.
b) The Customer may apply all credit notes received from the ESB Group against the oldest outstanding amounts due to the ESB Group.
c) the ESB Group offers registered account customers standard credit terms of 30 days from the end of the month of invoicing. Any special terms must be agreed in writing by a director of the ESB Group at the time of ordering. No retrospective adjustments can be allowed. Payment is due on or before the "due date" shown on each invoice. the ESB Group will charge interest on all overdue amounts at an annual rate of 5% above Barclay's Bank Base Rate for the time being in force, for the period from the due date shown on the invoice to the date of payment (as well after as before judgement).
d) All legal costs and other expenses of any kind incurred by the ESB Group in recovering overdue amounts will be payable by the Customer on a full indemnity basis.
9 Retention of title
All goods supplied by the ESB Group to the Customer remain the property of the ESB Group and/or the ESB Group's suppliers until fully paid for, when ownership passes to the Customer. the ESB Group reserves the right to repossess, or to pass to an agent or other third party the right of possession of, any goods which shall not have been fully paid for by the due date as shown on the invoice.
11 Bibliographical research
the ESB Group's bibliographical research facilities are provided by our European Bookshop, and are based on a variety of databases of books in print in the major European languages.
Bibliographical inquiries should be submitted via our online facility. Iinformation is given in good faith, but without warranty or guarantee on the part of the ESB Group. Sterling prices in particular are quoted as guidelines only.
We regret we cannot answer bibliographic enquiries by phone.
12 Returns
the ESB Group has very limited possibilities for returning goods to the publishers, or recycling them. Even when it is possible, the costs are usually prohibitive. We must therefore apply the following general rules:
12.1 No returns will be accepted for any reason of any goods not supplied by the ESB Group, or of any title which the Customer does not buy exclusively from the ESB Group.
12.2 Returns not requiring authorisation
ESB Group errors, faulty manufacture, damage in transit
Returns will be accepted at any time without prior authorisation of goods which have manufacturing faults, or which have been supplied in error, or (subject to paragraph 7 (c) above) have arrived damaged, provided that such returns are notified to the ESB Group by the Customer in writing not more than two (2) weeks after receipt of the goods.
The complete book or article must be returned in clean and resaleable condition subject to the fault or damage in question; title pages or covers alone are not sufficient.
the ESB Group will refund the carriage costs of all such returns.
the ESB Group reserves the right to refuse or reduce any claim for damage or error submitted by the Customer more than two weeks after receipted delivery of the goods.
12.3 Returns requiring authorisation
the ESB Group may agree, exceptionally and at its own discretion, to take back specific Overstocks. All such returns must comply with the following conditions:
i) All Overstock returns must be authorised beforehand in writing by a director or a manager of the ESB Group.
ii) No Overstock returns requests will be considered for goods delivered more than six (6) months before the date of the request.
vi) All Overstock Returns must be in clean and resaleable condition. No books stickered, priced or otherwise marked other than by the ESB Group will be processed or credited.
vii) Credit for Overstock returns can only be issued when the goods have been received at the ESB Group, and checked as fit for re-sale. No money can be refunded.
viii) In the event of receiving unauthorised returns, the ESB Group will notify the Customer and request her/him to make arrangements for their collection or disposal. If no such arrangements have been made within four (4) weeks of such notification, the ESB Group may dispose of the goods as most convenient to itself, and without compensation of any kind.
ix) The Customer is responsible for carriage charges for all Overstock returns, and for all costs arising from the treatment of unauthorised returns by the ESB Group.
13 Subscriptions (periodicals)
the ESB Group offers its subscription service on the following conditions:
i) in accepting subscription instructions the ESB Group is agreeing only to act for and on behalf of the Customer in the performance of those administrative tasks and functions which are required to initiate, administer and pay for the subscription;
ii) in that capacity, and because the ESB Group at no stage has sight of or any control over the physical publication or its distribution and delivery, the ESB Group accepts responsibility only for its own actions, errors and omissions, and explicity disclaims responsibility for any default on the part of the Publisher of the periodical, or his Distributor or the postal or other delivery service used to deliver the periodical to the Customer;
iii) the Customer will carefully check all invoices and other documentation received from the ESB Group and/or the Publisher and/or the Distributor, and will ensure that all material details conform to his wishes, to what is actually received from the Publisher, and to what has been invoiced or otherwise notified by the ESB Group;
iv) the Customer recognises that subscription invoices are payable in advance and, notwithstanding any credit arrangements that may otherwise be in force between the ESB Group and the Customer, the ESB Group shall have absolute discretion to delay or cancel the subscription unless and until the related invoice has been paid;
v) in the event of having any complaint, the Customer will promptly notify the ESB Group in writing giving full and accurate details of the default;
vi) in the event of any default whatsover, whether on the part of the ESB Group or of the Publisher and/or his Distributor and/or the delivery service, the ESB Group will use its reasonable endeavours to obtain appropriate redress or compensation, which will however be limited to one of the following remedies at its discretion:
a) replacement of any missing issue(s);
b) a refund of a proportionate part of the subscription paid;
c) a proportionate extension of the subscription period.
the ESB Group shall be entitled to infer that a complaint has been settled to the Customer's satisfaction if the Customer has not informed it otherwise after an appropriate interval.
14 Non-observance of terms and conditions
All services, discounts and credit facilities offered to the Customer in this document or by any other contract or agreement are subject to these Terms and Conditions, and may be withdrawn at any time in the event of non-observance. In particular, the ESB Group reserves the right to withdraw all such facilities without prior notice if at any time the Customer's account becomes overdue.
15 Variation of terms and conditions
the ESB Group is always willing to consider specific variations to these Terms and Conditions to meet particular needs, or to support initiatives by the Customer which may promote the learning of the Italian language and the study of Italian literature. But to avoid any misunderstandings, all such variations must be agreed in advance, and in writing.
16 Copyright
All books and other materials are sold subject to the overriding condition that the Customer will strictly observe the copyright conditions printed in or on them.
17 Liability
the ESB Group shall not be liable to the Customer for any loss or damage which may be suffered by the Customer as a direct or indirect result of the supply or use of any goods or the purpose of the contract for supply being directly or indirectly hindered or delayed by reason of any circumstance outside the reasonable control of the ESB Group including (without limitation) any act of God, war, riot, trade dispute or labour disturbance, accident, breakdown of machinery or plant, difficulty in obtaining workmen, materials or transport, refusal of any licence or permit.
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