Terms and Conditions of Sale
Last revised: May 5, 2020
1. Definitions and Interpretation
In this document, the following words and phrases shall have the following meanings:
“The Company”, “Us”, “We”, the “Service”, the “Site”, the “Website” refers to
London Academic Publishing LTD
Registered in England Wales
Reg. No. 10941794
VAT number: GB287851549
27, Old Gloucester Street
London, United Kingdom
“Carrier” - any person or business contracted by us to carry Goods from us to you.
“Conditions” - the Terms and Conditions set out in this document as amended from time to time
“Customer"/“Buyer” - means the person or firm who purchases goods or services from the Company.
“Intellectual Property Rights" - means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable.
“Order Form” - an order form in paper or electronic format requesting delivery of Products, submitted by the Buyer to the Company.
“Products” - the goods and services, including any electronic products and any other products developed by London Academic Publishing LTD, that the Company has contracted to supply to the Buyer in accordance with these Conditions.
“The Contract” - the contract between the Company and the Customer for the sale and purchase of the Product in accordance with these Conditions, comprising an order form and these Conditions. This constitutes the entire agreement between the parties.
“Website” - any Website of ours, including all web pages controlled by us (including, but not limited to www.lapub.co.uk and www.shop.lapub.co.uk).
“Working day” - a day (excluding weekends and UK public holidays) when the Company is open for business.
The headings in these Terms and Conditions are for ease of reference only and shall not affect the interpretation or construction of these Terms and Conditions.
Where the context permits, the use of the singular shall be construed to include the plural, and the use of plural the singular, and the use of any gender shall include all genders.
References to any statute, enactment, order, regulation, code or similar instrument shall be construed as a reference to the statute, enactment, order, regulation, code or instrument as subsequently amended or re-enacted.
These conditions shall apply to all contracts for the sale of Products by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may seek to apply under any purchase order, order confirmation or similar document.
All orders for Products shall be deemed to be an offer by the Buyer to purchase Products pursuant to these Conditions.
Acceptance of delivery of Products shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
Any variation to these Conditions (including any special terms and conditions agreed between the parties including without limitation as to discounts) shall be inapplicable unless agreed in writing by the Seller.
Nothing in these Conditions shall effect the statutory rights of any Buyer dealing as a consumer.
The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company not set out in the Contract.
Unless otherwise expressly agreed by London Academic Publishing LTD in writing, the Client represents and warrants that he is purchasing Products from us for its own account and use and not on behalf of any other person or entity.
Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Products to you. At any point up until then, we may decline to supply them to you without giving any reason.
If we do not have all of the Products you order in stock, we will offer you alternatives. If this happens you may: 1) accept the alternatives we offer or 2) cancel all or part of your order.
The Seller can enter a sub-contract with a supplier or contractor for the purpose of performing this Contract. Sub-contracting of this Contract shall in no way relieve the Supplier of its obligations under the Contract.
We may change these terms from time to time. The Terms that apply to you are those posted here on our Website on the day you order Products.
3. Intellectual property
Copyright and other intellectual property rights to all London Academic Publishing LTD proposals, publications and other Goods and/or Services shall remain with London Academic Publishing LTD and our content providers, unless agreed otherwise in writing. Nothing in these Conditions shall operate to transfer or license any Intellectual Property Rights between the parties.
Where any Goods supplied by us embody, include or contain computer program(s) and/or related documentation the copyright in which is owned by a third party, all rights and liabilities associated with the use and/or reproduction thereof will be subject to the terms of the applicable end user licence, to the exclusion of all liabilities and obligations on our part.
Except as set out below, you may not copy, modify, store, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of our proposals, publications or Product, in whole or in part , without the specific prior written permission of London Academic Publishing LTD.
Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
The Client shall not engage in piracy, reproduction, or plagiarism of the Products or any other products of London Academic Publishing LTD or its affiliates, nor shall it directly or indirectly facilitate any other party to engage in those activities. The Client shall promptly notify London Academic Publishing LTD if it becomes aware of any piracy, reproduction, or plagiarism of the Products by any third party.
4. Access Data
The access data (email address and password, or user name and password) are exclusively for the Customer’s own personal use. The Customer may not pass on or otherwise disclose his or her access data to third parties. If the Customer obtains knowledge of any misuse of access data, or simply suspects such misuse, he or she must immediately report this to London Academic Publishing LTD. The Customer shall be liable for all consequences of third-party use insofar as he or she is responsible for access data being misused. This may include having to pay for any orders placed without authorisation.
5. Price and Payment
Unless otherwise agreed by London Academic Publishing LTD in writing, the price for Products shall be the price set out in the order form or, if no price is given, London Academic Publishing LTD’s published price list in effect on the date of delivery or deemed delivery. London Academic Publishing LTD shall be entitled, at any time, to demand payment in advance and may suspend performance of its obligations arising from the Contract until such advance payment has been received.
The price of all items sold is inclusive of tax. If you show by your delivery address that you reside outside the United Kingdom, VAT will be deducted at the payment point.
Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
The price of Products does not include the delivery charge, which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of our Website before we ask you to pay. They can also be obtained in writing. For larger quantities, the Company may be able to offer better rates per item but is under no obligation to do so, and such rates have to be obtained by email or in writing from a representative of the Company.
Delivery by a certain date cannot be guaranteed by the Customer, whether for Courier or ordinary shipments. The company shall not refund any postage charges for late deliveries.
All customs charges, import duties, VAT or other charges imposed by governments and relevant institutions outside of the United Kingdom are the responsibility of the Customer. The Company will not be held liable for any such charges and will not accept the administrative costs incurred by them.
No refunds can be claimed by the Customer from the Company for any books unclaimed at any import duties or customs locations. Any charges relating to the return of unclaimed books shall be the responsibility of the Customer.
All credit card charges will be made in Pound Sterling and the actual charge in other currencies may vary and will depend on individual card issuers\' exchange rates.
No payment shall be deemed to have been received until London Academic Publishing LTD has received cleared funds.
Prices may be changed without prior notification or communication.
All samples, drawings, descriptive matter, specifications and advertising issued by London Academic Publishing LTD and any descriptions or illustrations contained in London Academic Publishing LTD’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods and Services described in them. They shall not form part of the Contract or any other contract between the Buyer and the Seller and this is not a sale by sample.
7. E-Books, Digital Content and Subscriptions
After placing an order, the Customers can download and store eBooks and ePapers in PDF format, and/or - to the extent available in the Online Shop - in EPUB format (“Electronic Format”).
For using digital content and, in particular, for reading and storing eBooks and ePapers, the Customer needs normal Internet access and a programme for viewing documents in Electronic Format.
The Subscriber may download, access and view the Subscribed Product by means of a format-compatible electronic reading device or other system. The Subscriber is authorized to download additional copies of the Subscribed Product and to transfer them to other electronic reading devices of the Subscriber, solely for the Subscriber’s personal use.
Except as expressly permitted in writing by London Academic Publishing LTD, the Subscriber may not:
- abridge, modify, translate or create any derivative work based on the Subscribed Product;
- remove, obscure or modify in any way any copyright notices, other notices or disclaimers as they appear in the Subscribed Product;
- pass on digital content to third parties, or making it available to the public (including intranets);
- reproduce, distribute, transfer, sell, rent, lease or lend the Subscribed Product;
- bypass, modify, defeat or circumvent security measures that protect the Subscribed Product;
- post individual items from the subscribed product on social networking sites; or
- copy, paste, and/or print more than a maximum of ten percent (15%) of the Subscribed Product.
The above rules apply to digital content in its entirety as well as any part that is protected by copyright (individual chapters, articles, photographs, diagrams etc.).
London Academic Publishing LTD reserves the right to mark the Customer’s eBook or ePaper with the Customer’s name and email address, using an electronic watermark or some other technical identification mark. Moreover, to prevent misuse, London Academic Publishing LTD reserves the right to mark the eBook or ePaper and individual content items by other means that are not necessarily evident to the Customer. Finally, the Company reserves the right to equip the eBook or ePaper with technological protection measures to prevent any acts infringing copyright and any other infringements of intellectual property rights.
Except for the express warranties and indemnities stated herein and to the extent permitted by applicable law, London Academic Publishing LTD and its suppliers provide the Subscribed Product “as is” and make no representation or warranty and expressly disclaim any liability for any claim arising from or out of the subscribed product, including but not limited to any errors, inaccuracies, omissions, or defects contained therein, and any implied or express warranty as to merchantability or fitness for a particular purpose.
Risk of Loss
Risk of loss for the Subscribed Product transfers when the Subscriber downloads or accesses the Subscribed Product.
London Academic Publishing LTD reserves the right to discontinue distributing individual eBooks or ePapers or parts thereof in the event of any violation of copyright or for other important reasons. If, for this reason, the product bought is no longer accessible within the first 12 months of the contract’s having been concluded and the Customer has not yet downloaded a complete, technically satisfactory file of the eBook in one of the Electronic Formats offered, the full amount paid for the eBook concerned shall be refunded to the Customer.
The Subscriber shall not assign, transfer or license any of its rights or obligations under this Agreement unless it obtains the prior written consent of London Academic Publishing LTD, which consent shall not unreasonably be withheld.
The Supplier shall deliver the Goods to the address for delivery given in the Purchase Order. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
No refunds shall be payable by London Academic Publishing LTD to the Buyer at any time for Products delivered by the Company but not accepted by the Buyer.
The Buyer shall provide at the Delivery Location and at its expense adequate and appropriate equipment and manual labour for loading and unloading the Products.
The buyer is responsible for any tariff, duty, taxes, handling fees, customs clearance charges, etc. required by your country for importing consumer goods. We do not collect this beforehand, and cannot give you an estimate of the cost - charges vary around the world.
As an international consumer, please do your research to ensure there are no surprise charges when clearing your package through customs, and to have an idea of what the additional cost may be. If you are unfamiliar with customs fees and charges, please speak to your local postal or customs office for more information. It is your full responsibility to verify the customs, duties charges, and procedures in your country prior to placing your order.
If customs fees and charges are refused at the time of delivery, your order will be returned and you will not receive a refund for shipment costs.
If the Seller is unable to deliver the Goods for reasons beyond its control, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
The date of delivery specified by the Seller is an estimate only. Time for delivery shall not be of the essence of the contract.
All consignments shall be made at the Buyer's risk from the moment of dispatch, even if the goods are destroyed or damaged accidentally or by force majeure. The Company shall not replace any consignments lost or damaged during transport. In order to safeguard his or her interests, the Buyer must therefore report any damage to the relevant postal authority, forwarding agent or railway company body within the time limits specified by these bodies.
Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these conditions, the property in the Products shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the Price of the Products and of all other Products agreed to be sold by the Seller to the Buyer for which payment is then due.
The quantity of any consignment of Products as recorded by London Academic Publishing on despatch shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
London Academic Publishing LTD shall not be liable for any non-delivery of Products (even if caused by London Academic Publishing LTD’s negligence) unless the Buyer gives written notice to London Academic Publishing LTD of the non-delivery within five (7) Working Days of the date when the Products would in the ordinary course of events have been received.
Any liability of London Academic Publishing LTD for non-delivery of the Products shall be limited to replacing the Products within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Products.
If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country. You are responsible for purchasing Products which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
9. Returns and Refunds
You must contact us before returning any item, quoting the invoice number with which your Product arrived.
Products returned to us without prior agreement will not be credited or acknowledged. We can accept no liability for financial losses incurred by customers who have submitted unauthorized returns - so please contact us before returning an item at firstname.lastname@example.org.
All orders can be cancelled prior to shipping. Please send an email to us with your purchase order number or transaction ID in the case of online orders. An item can only be refunded after this time in accordance with our returns policies.
In the event that the Products are faulty, a full refund shall be given for those Products that are faulty, as well as a postage allowance for returning the books. The postage allowance shall be no more than what the Company charged for postage per item to deliver the Products, for each Product that is faulty.
Moreover, the Customer has a right to cancellation in accordance with The Consumer Protection (Distance Selling) Regulations 2000 (amended 2005), so long as cancellation is set in writing within the cancellation period.
You can cancel your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel. You must also send the Goods back to us within 14 day after you received our confirmation.
We will return your money subject to the following conditions:
- we receive the Goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact;
- the return is made by the person who bought the item;
- you comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them.
The option to cancel your order is not available:
- if the Products are electronic products, once you begin to download or stream them;
- if this implies supplies of digital content (including online subscriptions, apps, digital software, e-books and MP3) which is not supplied on a tangible medium (e.g. not supplied on CD or DVD);
- if the Goods are somehow mixed with other goods so that we cannot identify or easily separate them;
- if the Goods are newspapers, periodicals or magazines;
- for a service, if the Company has fully performed the service.
You are responsible for the cost of returning the Goods. This means, the refund will not include any postage charged for delivery of the Products by the Company or any postage incurred by the Customer for their return.
The refund shall be made 14 days after receiving the goods back.
Complaints can be addressed to the Company at email@example.com.
The conditions for the return of non-faulty books do not apply if the books are intended for resale. Any agreement for the return of non-faulty books which are intended for resale must be obtained at the time of purchase. If there is no such agreement in place, it is assumed that the books are non-returnable and returns will only be accepted at our discretion.
10. Limitation of Liability
Subject to conditions set in this policy, the following provisions set out the entire financial liability of London Academic Publishing LTD (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
(a) any breach of these Conditions;
(b) any use made or resale by the Buyer of any of the Products, or of any product incorporating any of the Products; and
(c) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
Nothing in these conditions shall limit or exclude London Academic Publishing LTD's liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation; or
(c) any matter in respect of which it would be unlawful for London Academic Publishing LTD to exclude or restrict liability.
Subject to conditions above of this Paragraph,
(a) London Academic Publishing LTD shall not be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit or any indirect or consequential loss arising from or in connection with the Contract; and
(b) London Academic Publishing LTD total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price.
We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from our Website or our Products.
To the maximum extent permitted by relevant laws, London Academic Publishing LTD shall not be liable for any of the following losses which may arise by reason of any breach of this terms or any implied warranty, condition or other term, any representation or any duty of any kind imposed on London Academic Publishing LTD by operation of law: (a) any loss of anticipated profits or expected future business; (b) damage to reputation or goodwill; (c) any damages, costs or expenses payable by London Academic Publishing LTD to any third party; (d) loss of any order or contract; or (e) any loss that was not foreseeable by the client and London Academic Publishing LTD at the time this Contract was entered into; or (f) any loss not caused by any breach on the part of London Academic Publishing LTD.
To the maximum extent permitted by relevant laws, London Academic Publishing LTD expressly excludes any liability for breach of any implied or express warranty of as to merchantability or fitness for a particular purpose. Nothing in this contract shall limit the client’s existing legal or statutory rights where it is acting as a consumer
11. Indemnity and Insurance
You shall indemnify us, and keep us indemnified, from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by us as a result or in connection with your breach of any of your obligations under this contract.
12. Force Majeure
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the Contract or any part of it.
13. Relationship of Parties
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
Any notice or other communication given to a party under or pursuant to this Contract must be given in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this Condition, and shall be delivered by hand, sent by pre-paid first class post or other next working day delivery service, commercial courier, or e-mail.
A notice or communication shall be deemed to have been received (a) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; (b) if sent by pre-paid first class post or other next working day delivery service, at 9:00 am on the second working day after posting or at the time recorded by the delivery service and (c) if sent by email, the date and time it was received.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
17. Entire Agreement
These Conditions and any documents incorporating them or incorporated by them constitute the entire agreement and understanding between the parties.
18. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the law of England and Wales and shall be subject to the exclusive jurisdiction of the English courts.