Conditions of Sale for Consumers (“Terms”)
1. These terms
1.2 If you are a business customer. The Conditions of sale for business customers apply to any contract between us for the sale of goods to you. For the sale of any other product to you, you must contact our customer services to place your order as different terms and conditions may apply, and you should not purchase online.
1.3 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. Information about us and how to contact us
2.1 Who we are. We are Cambridge University Press, a department of the University of Cambridge. Our principal place of business is at University Printing House, Shaftesbury Road, Cambridge, CB2 8BS, United Kingdom. Our registered VAT number is 823847609.
2.2 How to contact us. You can contact us by telephoning our customer service team at +44 (0) 1223 326050 or by writing to us at firstname.lastname@example.org or the address above.
2.3 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. 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 we have accepted your order (the Order Confirmation). The contract between us will only be formed when we send you the Order Confirmation.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock or because we have identified an error in the price or description of the product.
3.3 We do not sell products for purchase by children. We may sell children's products for purchase by adults. If you are under 18 you may use our website only with the involvement of a parent or legal guardian.
4. Our rights to make changes
4.1 Updates to digital content. We reserve the right to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it. Such updates might:
(a) be minor technical adjustments and improvements, for example to address a security threat;
(b) reflect changes in relevant laws and regulatory requirements; or
(c) correct errors in the digital content.
5. Providing the products
5.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
5.2 When we will provide the products.
(a) If the products are goods. If the products are goods we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
(b) If the product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order.
(c) If the products are ongoing services or a subscription to receive digital content. We will supply the services or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 6 or we end the contract by written notice to you as described in clause 8.
5.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
5.4 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you to collect from us.
5.5 When you own goods. You own a product which is goods once we have received payment in full.
5.6 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your credit card details, your address, post code, phone number, desired username and password, your first and last name, job title, primary area of interest, your e-mail address and date of birth. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information, or request you to enter the information as part of a registration process. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 8.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5.7 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as notified by us to you (see clause 4).
5.8 Your rights if we suspend the supply of products. We will notify you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 14 days in any year we will adjust the price so that you do not pay for products while they are suspended. You may notify us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 1 calendar month and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
6. Your rights to end the contract
6.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 9;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;
(c) If you have just changed your mind about the product, see clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
6.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 1 calendar month; or
(d) you have a legal right to end the contract because of something we have done wrong.
6.3 Exercising your right to change your mind. For most products bought online you have a legal right to change your mind within 14 days and receive a refund.
6.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
(a) digital products after you have redeemed your access code or started to download or stream these;
(b) bundled products, such as books which are bundled with digital products or services, after you have revealed the access code printed in the goods;
(c) services or subscriptions, once these have ended, even if the cancellation period is still running; and
(d) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them.
6.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
(a) Have you bought ongoing services or a subscription to receive digital content (for example, access to the Stahl Masterclass or CLMS)? If so, you have 14 days after the day we email you to confirm we accept your order. However, once the service or subscription has ended you cannot change your mind, even if the 14-day period is still running. If you cancel after the service or subscription has begun, you must pay us for the service or subscription provided up until the time you tell us that you have changed your mind.
(b) Have you made a one-off purchase of digital content for download or streaming (for example, access to an e-book on Elevate which you can download for offline access)? If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you redeem your access code or start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
(c) Have you bought goods (for example, a book or a CD)?, If so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(d) You have revealed a bundled digital product/service access code printed in the goods. In this case you cannot change your mind in respect of the goods; or
(e) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receive the last delivery to change your mind about the goods.
7. How to end the contract with us (including if you have changed your mind)
7.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on +44 (0) 1223 326050 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Simply write to us at the address in clause 2.1, including details of what you bought, when you ordered or received it and your name and address.
7.2 Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Customer Services (web returns), Cambridge University Press, c/o DHL, 2 Spire Road, Rushden, Northamptonshire, NN10 0FN. If you are exercising your right to change your mind you must post the goods within 14 days of telling us you wish to end the contract.
7.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the goods are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
7.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
7.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
(c) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
7.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If the products are goods, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 7.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
8. Our rights to end the contract
8.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your credit card details, your address, post code, phone number, desired username and password, your first and last name, job title, primary area of interest, your e-mail address and date of birth; or
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
8.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the costs we will incur as a result of your breaking the contract.
8.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 14 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
9. If there is a problem with the product
9.1 How to tell us about problems. We are under a legal duty to supply products that are in conformity with this contract. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +44 (0) 1223 326050 or write to us at firstname.lastname@example.org or Cambridge University Press, University Printing House, Shaftesbury Road, Cambridge, CB2 8BS, United Kingdom.
9.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage.
10. Price and payment
10.1 Where to find the price for the product. The price of the product (which includes value added tax or other applicable sales tax) will be the price indicated on the order summary page when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of the product you order.
10.2 Import duty. If you order products from us 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 and 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. 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.
10.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
10.4 When you must pay and how you must pay. We accept payment by credit or debit card with Visa, MasterCard, American Express, Visa Debit, Solo and Maestro. When you must pay depends on what product you are buying:
(a) For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
(b) For digital content, you must pay for the products before you download them.
(c) For services, you must pay for the products before we start the service.
11. Our responsibility for loss or damage suffered by you
11.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products.
11.2 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
11.3 We are not liable for business losses. We only supply the products to consumers via this website for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. How we may use your personal information
12.1 If you supply personal information to us through this site we will maintain, record and use such personal information in accordance with our Privacy Notice.
13. Other important terms
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 1 calendar month of us telling you about it and we will refund you any payments you have made in advance for products not provided.
13.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
13.6 This contract is drafted in the English language. If these terms are translated into any other language, the English language text shall prevail.
13.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in your local courts.