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Terms of Supply and Delivery

 

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.mrbsemporium.com (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

 

You should print a copy of these terms and conditions for future reference.

 

Please accept these terms and conditions in the manner indicated on our site when prompted if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

 

1. Information about us

We operate the website www.mrbsemporium.com. We are Mr B’s Emporium Ltd, a company registered in England and Wales under company number 04054398 and with our registered office at The Conifers, Hambrook Road, Bristol, Avon, BS16 1QG. Our main trading address is 14/15 John St, Bath, BA1 2JL. Our VAT number is 879825845.

 

2. Service availability

Our site is only enabled for use by people resident in the following countries: United Kingdom, United States, Andorra, Australia, Austria, Belgium, Bosnia and Herzegovina, Canada, Croatia, Czech Republic, Cyprus, Denmark, Finland, France, Germany, Greece, Guernsey, Hong Kong, Hungary, Iceland, Ireland, Isle of Man, Italy, Japan, Jersey, Luxembourg, Malta, Monaco, The Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Saint Vincent and the Grenadines, Serbia, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland (Serviced Countries). We do not accept orders from individuals or companies outside those countries but if you wish to order from a country not on this list or receive delivery of goods to such a country, then please contact us at books@mrbsemporium.com.

 

3. Your status

By placing an order through our site, you warrant that:

(a) you are legally capable of entering into binding contracts;

(b) you are at least 18 years old; and

(c) you are resident in one of the Serviced Countries.

 

4. How the contract is formed between you and us

4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

 

5. Our status

We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.

 

6. Consumer rights

6.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below).

6.2 To cancel a Contract, you must inform us in writing. You must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

6.3 You will not have any right to cancel a Contract for the supply of any audiobook or music cd that has been removed from cellophane wrap or other internal packaging in which it was supplied.

6.4 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your other statutory rights as a consumer.

 

7. Availability and delivery

7.1 UK Delivery

(a) Pricing

We generally provide two postage options for customers requiring delivery to a UK address which can be selected during the purchase process. The first is via standard UK postage (“Royal Mail”) which are charged at £2.75 p&p for the first book and 75p per book thereafter. The second is via our preferred courier FedEx (“FedEx”) at a fixed rate of £5.50 but is free when spending £75 or more on books. We recommend using the FedEx service wherever practicable as it requires a signature upon delivery and provides greater security, reliability and tracking.

(b) Timing

Deliveries to UK addresses should arrive within 1-3 days of dispatch when sent by Royal Mail and within 2-3 days of dispatch when sent by FedEx.

7.2 International Delivery

(a) Territories Covered

We can arrange delivery to anywhere in the world although our site is only set up to accept delivery addresses from certain countries as is visible when placing an order and inserting a delivery address and as set out in full in Clause 2 above. If you require delivery to any country not covered by our site please contact us at books@mrbsemporium.com for a price and timing quote.

(b) European Prices and Timings

Deliveries to those countries already covered by our site within Europe is generally charged at £4.75 p&p for the first book and £2.50 for each book thereafter. Deliveries are sent by Royal Mail and should arrive within 3-9 days depending on the exact location.

(c) Rest of the World Prices and Timings

Deliveries to non-European countries already covered by our site are generally charged at £6.50 p&p for the first book and £3.00 thereafter. Deliveries are sent by standard Royal Mail and should arrive within 5–10 days depending on the exact location.

7.3 Changes to Prices and Timing

All delivery times above are based on averages and estimates from FedEx and Royal Mail and they cannot be and are not guaranteed.

We have based our postage prices on averaged calculations and we reserve the right to contact you before dispatch of your order (and so before having charged you for it) with a revised postage cost if we find your particular order will cost significantly more to post than general charges set out on our site and quoted to you upon ordering.

7.4 Dispatch Process

We will not debit your card until the day your order is dispatched. We will notify you by email of this dispatch.

Unless you have told us to send your order in a single package, we may dispatch your goods as they become available but you will only be charged postage and package once.

If you have any other special requirements relating to the dispatch of your order (including delayed dispatch requests) please contact us as soon as possible after placing your order by emailing books@mrbsemporium.com.

At Mr B's we pride ourselves on communicative and efficent customer service so we will keep you up-to-date with any important changes relating to your order. We do our best to accurately estimate the dispatch availability of our Products but from time to time a particular Product will go out of stock with us or our suppliers before we are able to reflect this on our website. In this case, or on any other occasion where dispatch of a Product is likely to be a slower than the estimate displayed on that Product's page, we will contact you to explain this delay, provide you with a new dispatch estimate and tell you what we are doing to complete your order.

7.5 Collection from Mr B’s

Our website offers the alternative of collection from Mr B’s Emporium of Reading Delights at 14/15 John Street, Bath. This option is available at any time during our standard trading hours (9.30am-6.30pm Monday to Saturday). If you have selected this option, you should wait for our email notification that your item is ready to collect before coming to the shop in case the item was temporarily out of stock at the shop at the time of ordering.

7.6 Failed deliveries

(a) Postal Service

In the event of an item dispatched using Royal Mail being lost we will offer to replace the item or provide a refund after 14 days have elapsed after dispatch (in the case of deliveries to UK addresses), after 21 days have elapsed after dispatch (in the case of deliveries to Europe) or after 35 days have elapsed after dispatch (in the case of deliveries to the any other country).

(b) Courier

In the event of an item dispatched using FedEx failing to arrive we will offer to replace the item or provide a refund after 10 days have elapsed after dispatch, provided that the failure to arrive was not due to there being no signatory available at the time of delivery.

FedEx will make two attempts to deliver before returning the goods to us so please be aware when selecting this delivery option of the need to have a signatory available upon delivery. After a first failed delivery FedEx will leave a card at your address with information regarding the delivery attempt and contact details. If the goods are returned to us following two failed delivery attempts we will contact you as soon as possible to make arrangements for a fresh delivery of the goods for which you will be charged.

 

8. Risk and title

8.1 The Products will be at your risk from the time of delivery.

8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

 

9. Price and payment

9.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.

9.2 Product prices include VAT where applicable.

9.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

9.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

9.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.

9.6 Payment for all Products must be by credit or debit cards of the types indicated on the payment pages of our site. We will not charge your credit or debit card until we dispatch your order.

 

10. Our refunds policy

10.1 If you return a Product to us:

(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.

(b) for any other reason (for instance, because have notified us in accordance with clause 21 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective and have notified us as such within 7 days of receipt and promptly returned the product to us in a saleable condition), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.

10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

 

11. Warranty

We warrant to you that any Product purchased from us through our site will, on delivery, conform in all material respects with the manufacturer or publisher’s description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

 

12. Our liability

12.1 Subject to clause 12.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.

12.2 Subject to clause 12.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach:

(a) loss of income or revenue;

(b) loss of business;

(c) loss of profits;

(d) loss of anticipated savings;

(e) loss of data; or

(f) waste of management or office time.

12.3 Nothing in this agreement excludes or limits our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;

(d) defective products under the Consumer Protection Act 1987; or

(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

 

13. Import duty

13.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

13.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

 

14. Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

 

15. Notices

All notices given by you to us must be given to Mr B’s Emporium Ltd at 14/15 John Street, Bath, BA1 2JL or by email to books@mrbsemporium.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

 

16. Transfer of rights and obligations

16.1 The contract between you and us is binding on you and us and on our respective successors and assignees.

16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

 

17. Events outside our control

17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) strikes, lock-outs or other industrial action;

(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(e) impossibility of the use of public or private telecommunications networks; and

(f) the acts, decrees, legislation, regulations or restrictions of any government.

17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

 

18. Waiver

18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

18.2 A waiver by us of any default will not constitute a waiver of any subsequent default.

18.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.

 

19. Severability

If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

20. Entire agreement

We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

 

21. Our right to vary these terms and conditions

21.1 We have the right to revise and amend these terms and conditions from time to time.

21.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

 

22. Law and jurisdiction

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.