HODGKINSON PUBLISHING LTD SITE
WIDE TERMS AND CONDITIONS
This agreement applies as between you, the User of this Web Site or Purchaser
and Hodgkinson Publishing Ltd, the owner(s) of this Web Site. Your agreement to
comply with and be bound by these Terms and Conditions is deemed to occur upon
your first use of the Web Site. If you do not agree to be bound by these Terms
and Conditions, you should stop using the Web Site immediately.
No part of this Web Site is intended to constitute a contractual offer capable
of acceptance. The Purchaser's order constitutes a contractual offer and our
acceptance of that offer is deemed to occur upon our sending a dispatch,
delivery or confirmation email to the Purchaser indicating that the order has
been fulfilled digitally and in relation to physically shipped items has been
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
"Account" means collectively the personal information, Payment Information and
credentials used by Users to access Paid Content and / or any communications
System on the Web Site;
"Carrier" means any third party
responsible for transporting purchased Goods from our Premises to customers;
"Content" means any text,
graphics, images, audio, video, software, data compilations and any other form
of information capable of being stored in a computer that appears on or forms
part of this Web Site;
"Goods" means any products that
Hodgkinson Publishing Ltd advertises and / or makes available for sale through
this Web Site;
"Service" means collectively any online facilities, tools, services or
information that Hodgkinson Publishing Ltd makes available through the Web Site
either now or in the future;
"Payment Information" means any
details required for the purchase of Goods from this Web Site. This includes,
but is not limited to, credit / debit card numbers, bank account numbers and
"Purchaser" means any person or
business that buys Goods from Hodgkinson Publishing Ltd from this Web Site;
"Purchase Information" means
collectively any orders, invoices, dispatch notes, receipts or similar that may
be in hard copy or electronic form;
"Premises" Means our place(s) of
business and this website owned by Hodgkinson Publishing Ltd;
"System" means any online
communications infrastructure that Hodgkinson Publishing Ltd makes available
through the Web Site either now or in the future. This includes, but is not
limited to, web-based email, message boards, live chat facilities and email
"User" / "Users" means any third
party that accesses the Web Site and is not employed by Hodgkinson Publishing
Ltd and acting in the course of their employment; and
"Web Site" means the website that
you are currently using and any sub-domains of this site unless expressly
excluded by their own terms and conditions.
2. Business Customers
These Terms and Conditions apply to business customers only.
3. International Customers
If Goods are being ordered from outside Hodgkinson Publishing Ltd's country of
residence, import duties and taxes may be incurred once the Goods reach their
destination. Hodgkinson Publishing Ltd is not responsible for these charges and
we undertake to make no calculations or estimates in this regard. If a Purchaser
buying internationally, they are advised to contact their local customs
authorities for further details on costs and procedures. The Purchaser of the
Goods will also be the importer of record and as such should ensure that the
purchase is in full compliance with the laws of the country into which the Goods
are being imported. Please be aware that Goods may be inspected on arrival at
port for customs purposes and Hodgkinson Publishing Ltd gives no guarantee that
the packaging of the Goods will be free of signs of tampering.
4. Intellectual Property
4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all
Content included on the Web Site, unless uploaded by Users, including, but not
limited to, text, graphics, logos, icons, images, sound clips, video clips, data
compilations, page layout, underlying code and software is the property of
Hodgkinson Publishing Ltd, our affiliates or other relevant third parties. By
continuing to use the Web Site you acknowledge that such material is protected
by applicable United Kingdom and International intellectual property and other
4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any
other fashion re-use material from the Web Site unless otherwise indicated on
the Web Site or unless given express written permission to do so by Hodgkinson
5. Third Party Intellectual
5.1 Unless otherwise expressly indicated, all Intellectual Property rights
including, but not limited to, Copyright and Trademarks, in product images and
descriptions belong to the manufacturers or distributors of such products as may
5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any
other fashion re-use such material unless otherwise indicated on the Web Site or
unless given express written permission to do so by the relevant manufacturer or
6. Fair Use of Intellectual
Material from the Web Site may be re-used without written permission where
any of the exceptions detailed in Chapter III of the Copyright Designs and
Patents Act 1988 apply.
7. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated,
these sites are not under the control of Hodgkinson Publishing Ltd or that of
our affiliates. We assume no responsibility for the content of such web sites
and disclaim liability for any and all forms of loss or damage arising out of
the use of them. The inclusion of a link to another site on this Web Site does
not imply any endorsement of the sites themselves or of those in control of
8. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only
to the home page of the site without prior permission. Deep linking (i.e. links
to specific pages within the site) requires the express permission of Hodgkinson
Publishing Ltd. To find out more please contact us at our helpdesk (www.productsupportdesk.com).
9. Use of Communications
9.1 When using the enquiry form or any other System on the Web Site you
should do so in accordance with the following rules:
9.1.1 obscene or vulgar language must not be used;
9.1.2 Content that is unlawful or otherwise objectionable must not be submitted.
This includes, but is not limited to, Content that is abusive, threatening,
harassing, defamatory, ageist, sexist or racist;
9.1.3 Content that is intended to promote or incite violence must not be
9.1.4 it is advised that submissions are made using the English language as we
may be unable to respond to enquiries submitted in any other languages;
9.1.5 the means by which Users identify themselves must not violate these terms
of use or any applicable laws;
9.1.6 Users must not impersonate other people, particularly employees and
representatives of Hodgkinson Publishing Ltd or our affiliates; and
9.1.7 our System must not be used for unauthorised mass-communication such as
"spam" or "junk mail".
9.2 You acknowledge that Hodgkinson Publishing Ltd reserves the right to monitor
any and all communications made to us or using our System.
10.1 In order to purchase Goods on this Web Site and to use any provided
facilities Users are required to create an Account which will contain certain
personal details and Payment Information which may vary based upon a User's use
of the Web Site as we may not require payment information until a purchase is to
be made. By continuing to use this Web Site you represent and warrant that:
10.1.1 all information you submit is accurate and truthful;
10.1.2 if you are buying on behalf of your employers, you have the authority to
submit Payment Information where any such authority is required; and
10.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and
10.2 It is recommended that you do not share your Account details, particularly
your username and password. Hodgkinson Publishing Ltd accepts no liability for
any losses or damages incurred as a result of your Account details being shared
by you. If you use a shared computer, it is recommended that you do not save
your Account details in your internet browser.
10.3 If you have reason to believe that your Account details have been obtained
by another without consent, you should contact Hodgkinson Publishing Ltd
immediately to suspend your Account and cancel any unauthorised purchases that
may be pending. Please be aware that purchases can only be cancelled until they
are dispatched. In the event that an unauthorised purchase is dispatched prior
to your notifying us of the unauthorised nature of the purchase, Hodgkinson
Publishing Ltd accepts no liability or responsibility and you should make
contact with the Carrier detailed in the Purchase Information.
10.4 When choosing a username Users are required to adhere to the terms set out
above in Clause 9. Any failure to do so could result in the suspension and/or
deletion of your Account.
11. Termination and
11.1 Either Hodgkinson Publishing Ltd or a User may terminate an Account. If
Hodgkinson Publishing Ltd terminates your Account, you will be notified by email
and an explanation for the termination will be provided. Notwithstanding the
foregoing, we reserve the right to terminate without giving reasons.
11.2 If Hodgkinson Publishing Ltd terminates an Account, any current or pending
purchases on your Account will be cancelled and will not be dispatched.
11.3 Hodgkinson Publishing Ltd reserves the right to cancel purchases without
stating reasons, for any reason prior to processing payment and dispatch.
11.4 If purchases are cancelled for any reason prior to dispatch Purchasers will
be refunded any monies paid in relation to those purchases.
11.5 If a User terminates their Account any non-dispatched purchases will be
cancelled and a full refund of any monies paid in relation to those purchases
will be paid through the payment method used when the Goods were purchased.
12.1 Any and all invoices are due for payment on the date shown on the
invoice, unless alternative arrangements have been agreed between the Purchaser
and Hodgkinson Publishing Ltd.
12.2 Interest will be charged on a daily basis, commercial interest at 1.5%
above the base rate of the Bank of England obtaining at the time.
13. Goods, Pricing and
13.1 Whilst every effort has been made to ensure that all graphical
representations and descriptions of Goods available from Hodgkinson Publishing
Ltd correspond to the actual Goods, Hodgkinson Publishing Ltd is not responsible
for any variations from these descriptions. This does not exclude our liability
for mistakes due to negligence on our part and refers only to variations of the
correct Goods, not different Goods altogether. Please refer to Clause 16.1 for
13.2 Where appropriate, you may be required to select the required [size]
[model] [colour] [number] [other features] of the Goods that you are purchasing.
13.3 Hodgkinson Publishing Ltd does not represent or warrant that such Goods
will be available. Stock indications are provided on the Web Site HOWEVER THESE
MAY NOT TAKE INTO ACCOUNT SALES THAT HAVE TAKEN PLACE DURING YOUR VISIT TO THE
13.4 All pricing information on the Web Site is correct at the time of going
online. Hodgkinson Publishing Ltd reserves the right to change prices and alter
or remove any special offers from time to time and as necessary.
13.5 In the event that prices are changed during the period between an order
being placed for Goods and Hodgkinson Publishing Ltd processing that order and
taking payment, you will be contacted prior to your order being processed with
details of the new price;
13.6 All prices on the Web Site do not include VAT.
14. Property, Risk and Account
14.1 Title in Goods will not pass to the Purchaser until the full purchase
price for those Goods has been received by Hodgkinson Publishing Ltd. Title
remains with Hodgkinson Publishing Ltd until payment is complete.
14.2 If the Purchaser sells the Goods on to its own customers in any form,
either as purchased from Hodgkinson Publishing Ltd or forming a component part
of a larger Good, and any amount of the purchase price payable to Hodgkinson
Publishing Ltd remains outstanding, the Purchaser must account to Hodgkinson
Publishing Ltd for the proceeds of such a sale. The Purchaser is then required
to hold such proceeds on trust for Hodgkinson Publishing Ltd until payment has
been received in full by Hodgkinson Publishing Ltd.
14.3 Hodgkinson Publishing Ltd reserves the right to trace all proceeds under
the principles of Re Hallett's Estate (1880) 13 Ch D 696. Once the payment date
has passed, if any sums remain outstanding, Hodgkinson Publishing Ltd has the
right to enter the Purchaser's premises and remove any Goods which, by virtue of
Clause 14.1, remain the property of Hodgkinson Publishing Ltd.
15. Delivery (In relation to
physically shipped goods)
15.1 Hodgkinson Publishing Ltd will notify you by way of email when your goods
are to be dispatched to you. The message will contain details of estimated
delivery times in addition to any reasons for a delay in the delivery of the
Goods purchased by you.
15.2 If Hodgkinson Publishing Ltd receives no communication from you, within 2
days of delivery, regarding any problems with the Goods, you are deemed to have
received the Goods in full working order and with no problems.
16. Returns Policy
Hodgkinson Publishing Ltd aims to always provide high quality Goods that are
fault free and undamaged. On occasion however, goods may need to be returned.
Returns are governed by these Terms and Conditions.
16.1 If the Purchaser receives Goods which do not match those ordered, unless
accompanied by an explanatory note detailing the changes, stating reasons for
the changes and setting out your options, the Purchaser should contact us within
10 days to arrange return. Hodgkinson Publishing Ltd is not responsible for
paying shipment costs. The Purchaser will be given the option to have the Goods
replaced with those ordered (if available) or to be refunded through the payment
method used when the Goods were purchased. Refunds and replacements will be
issued upon our receipt of the returned Goods.
16.2 If any Goods purchased have faults when they are delivered, the Purchaser
should contact Hodgkinson Publishing Ltd within 28 days to arrange return.
Hodgkinson Publishing Ltd is not responsible for paying shipment costs. Goods
must be returned in their original condition with all packaging and
documentation. Upon receipt of the returned Goods, the price of the Goods, as
paid, will be refunded through the payment method used when the Goods were
16.3 If any Goods develop faults within their warranty period, the Purchaser is
entitled to a repair or replacement under the terms of that warranty.
16.4 If Goods are damaged in transit and the damage is apparent on delivery, the
Purchaser should sign the delivery note to the effect that the goods have been
damaged. In any event, such damage should be reported to Hodgkinson Publishing
Ltd within 10 days and arrange return. Hodgkinson Publishing Ltd is not
responsible for paying shipment costs. Upon receipt of the returned Goods, the
price of the Goods, as paid, will be refunded through the payment method used
when the Goods were purchased.
16.5 If the Goods have been dispatched or have reached you, but the Purchaser
decides that they are no longer required, the Goods can be returned to
Hodgkinson Publishing Ltd within 10 days of receipt. Goods can only be returned
for this reason if their packaging remains unopened and the Goods can be
re-sold, as new, without any additional work on the part of Hodgkinson
Publishing Ltd. The Purchaser is responsible for paying shipment costs if Goods
are returned for this reason.
16.6 If the Purchaser wishes to return Goods to Hodgkinson Publishing Ltd for
any of the above reasons, please contact us using the details on our
productsupportdesk.com website to make the appropriate arrangements.
16.7 Hodgkinson Publishing Ltd reserves the right to exercise discretion with
respect to any returns under these Terms and Conditions. Factors which may be
taken into account in the exercise of this discretion include, but are not
16.7.1 Any use or enjoyment that you may have already had out of the Goods;
16.7.2 Any characteristics of the Goods which may cause them to deteriorate or
16.7.3 The fact that the Goods consist of audio or video recordings or computer
software and that the packaging has been opened;
16.7.4 Any discounts that may have formed part of the purchase price of the
Goods to reflect any lack of quality made known to the Customer at the time of
Such discretion to be exercised only within the confines of the law.
incorporated into these terms and conditions by this reference. To view the
18.1 Hodgkinson Publishing Ltd makes no warranty or representation that the
Web Site will meet your requirements, that it will be of satisfactory quality,
that it will be fit for a particular purpose, that it will not infringe the
rights of third parties, that it will be compatible with all systems, that it
will be secure and that all information provided will be accurate. We make no
guarantee of any specific results from the use of our Services.
18.2 No part of this Web Site is intended to constitute advice and the Content
of this Web Site should not be relied upon when making any decisions or taking
any action of any kind.
18.3 No part of this Web Site is intended to constitute a contractual offer
capable of acceptance.
19. Changes to the Service and
these Terms and Conditions
Hodgkinson Publishing Ltd reserves the right to change the Web Site, its Content
or these Terms and Conditions at any time. Users and Purchasers will be bound by
any changes to the Terms and Conditions from the first time the Web Site is used
by them following the changes. If Hodgkinson Publishing Ltd is required to make
any changes to Terms and Conditions relating to sale of Goods by law, these
changes will apply automatically to any orders currently pending in addition to
any orders placed by Purchasers in the future.
20. Availability of the Web Site
The Service is provided "as is" and on an "as available" basis. We give no
warranty that the Service will be free of defects and / or faults. To the
maximum extent permitted by the law we provide no warranties (express or
implied) of fitness for a particular purpose, accuracy of information,
compatibility and satisfactory quality.
Hodgkinson Publishing Ltd accepts no liability for any disruption or
non-availability of the Web Site resulting from external causes including, but
not limited to, ISP equipment failure, host equipment failure, communications
network failure, power failure, natural events, acts of war or legal
restrictions and censorship.
21. Limitation of Liability
21.1 To the maximum extent permitted by law, Hodgkinson Publishing Ltd accepts
no liability for any direct or indirect loss or damage, foreseeable or
otherwise, including any indirect, consequential, special or exemplary damages
arising from the use of the Web Site or any information contained therein. Users
should be aware that they use the Web Site and its Content at their own risk.
21.2 Nothing in these Terms and Conditions excludes or restricts Hodgkinson
Publishing Ltd's liability for death or personal injury resulting from any
negligence or fraud on the part of Hodgkinson Publishing Ltd.
21.3 Nothing in these Terms and Conditions excludes or restricts Hodgkinson
Publishing Ltd's liability for any direct or indirect loss or damage arising out
of the incorrect delivery of Goods or out of reliance on incorrect information
included on the Web Site.
21.4 Whilst every effort has been made to ensure that these terms and conditions
adhere strictly with the relevant provisions of the Unfair Contract Terms Act
1977, in the event that any of these terms are found to be unlawful, invalid or
otherwise unenforceable, that term is to be deemed severed from these terms and
conditions and shall not affect the validity and enforceability of the remaining
terms and conditions. This term shall apply only within jurisdictions where a
particular term is illegal.
22. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any
right or remedy contained herein, this shall not be construed as a waiver of
that right or remedy.
23. Previous Terms and
In the event of any conflict between these Terms and Conditions and any prior
versions thereof, the provisions of these Terms and Conditions shall prevail
unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to our
Premises or by submitted ticket at
www.ProductSupportDesk.com Such notice will be deemed received 7 days after
posting if sent by first class post, the day of submitting a support ticket is
received in full on a business day and on the next business day if the email is
sent on a weekend or public holiday.
25. Law and Jurisdiction
These terms and conditions and the relationship between you and Hodgkinson
Publishing Ltd shall be governed by and construed in accordance with the Law of
England and Wales and Hodgkinson Publishing Ltd and you agree to submit to the
exclusive jurisdiction of the Courts of England and Wales.
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