Terms and Conditions

Information about us

The following sites are operated by DC Thomson & Company Limited (we, us and our) https://www.dctmedia.co.uk/dct-media-websites-domains/ .  We are a limited company registered in Scotland.  Our registered company number is SC5830 and our registered office is at Courier Buildings, Albert Square, Dundee. Our VAT number is GB927167212.

Access to the Sites

It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the Sites and that it is compatible with the Sites.  It is also your responsibility to ensure that all persons who access the Sites through your internet connection are aware of these terms, and that they comply with them.

We cannot guarantee the uninterrupted or error-free operability of the Sites.  Access to the Sites is permitted on a temporary basis and we reserve the right to withdraw, modify or suspend the service we provide on the Sites without notice.  We will not be liable to you or any third party for any unavailability, modification, suspension or withdrawal of the Sites, or any features, parts or content of the Sites at any time for any period.

We may, from time to time, restrict access to certain features, parts or content of the Sites, or the entire Sites, to users who have registered with us. We may accept or reject any application to register with us at any time and we may suspend or terminate your account with us at any time at our discretion if we believe you have breached the terms of use. You must ensure that any registration details you provide are accurate and up to date.  If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else.  You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware. By using the Sites as a registered member, you accept on your own behalf and on behalf of the organisation (if any) named on your registration form to be bound by these Terms of Use and references to ‘you’ and ‘your’ refer to you individually and to your organisation. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any detail you provide for the purposes of registering as a user proves to be false.

You are only permitted to use the Sites if you are 18 years of age or over.

These sites are controlled and operated by us from the United Kingdom and is intended for United Kingdom residents and we make no representation that any material contained on this sites is appropriate for any other jurisdiction.

What you are allowed to do

Aside from our advertisers who may display their advertisements in accordance with our terms and conditions, you may only use the Sites for non-commercial use and only in accordance with these terms and conditions.  You may retrieve and display content from the Sites on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form.  Additional terms may also apply to certain features, parts or content of the Sites and, where they apply, will be displayed before you access the relevant features, parts or content.

What you are not allowed to do

Except to the extent expressly set out in these terms and conditions, you are not allowed to:

  • store pages of the Sites on a server or other storage device connected to a network or create an electronic database by (i) systematically downloading and storing all or any of the pages of the Sites or (ii) by screen scraping, framing, caching, data extraction or programmatic access whether by robot, spider or otherwise or (iii) by printing pages of the Sites in a systematic or regular manner so as to create a database in hard copy form;
  • collect or harvest personally identifiable information from the Sites;
  • remove or change any legal notices or other content of the Sites or attempt to circumvent security or interfere with the proper working of the Sites or the servers on which it is hosted;
  • use the Sites to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  • use the Sites to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
  • attempt to gain unauthorised access to the Sites, the server on which the Sites is stored or any server, computer or database connected to our sites or circumvent, disable or otherwise interfere with our security-related features;
  • reproduce, copy, distribute, publicly display or re-sell any part of the Sites in contravention of these terms and conditions;
  • create links to the Sites from any other websites, without our prior written consent;
  • modify, translate, reverse engineer, decompile or disassemble the Sites or parts of the Sites or create derivative works from the Sites;
  • use the Sites for any business, commercial or public purpose.

We reserve the right to withdraw any linking permission granted without notice.  If you wish to make any use of material on our sites other than that set out above, please address your request to communications@dctmedia.co.uk

You must only use the Sites and anything available from the Sites for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our group companies and affiliates.

All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them and you must at, at our option, return or destroy any copies of the materials you have made in breach of these terms.

Intellectual property rights

We are the owner or licensee of all intellectual property rights in any content of the Sites (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos).

Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights in the Sites or its content.

You must not modify the paper or digital copies of any material you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.  In the event you print off, copy or store pages from the Sites (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

Our status (and that of any identified contributors) as the authors of material on our sites must always be acknowledged.

Content

We may change the format and content of the Sites from time to time.  You agree that your use of the Sites is on an ‘as is’ and ‘as available’ basis and at your sole risk.

Whilst we try to make sure that all information contained on the Sites (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed.  You should check with us or the relevant information source before acting on any such information.

Except to the extent expressly set out in the additional terms and conditions mentioned at the top of these terms of use, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Sites and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded.  To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Sites or relying on any of its content. No liability can be accepted by us in respect of any changes made to the content of the Sites by unauthorised third parties.

We cannot and do not guarantee that any content of the Sites will be free from viruses and/or other code that may have contaminating or destructive elements and cannot accept any liability for the same.  It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

 

Your personal information

Use of your personal information submitted via the Sites is governed by our Privacy Policy.

User generated content

The Sites may, from time to time, make chat rooms, message boards, news groups and/or other public forums or methods of uploading user generated content (collectively “Forums”) available to its users.

We do not control the material submitted to Forums (collectively “Postings“). We do not screen, moderate or monitor any content either before or after it is posted or sent although we may use filtering tools from time to time to screen or suppress certain information or language. You acknowledge that all Postings express the views of their respective authors and not our views. Your content may be viewed by any user of the Sites unless it is posted in a restricted member’s only area in which case only we and our members may view that content.

You are responsible for all content you may upload to the Sites from time to time and indemnify us for any failure to obtain the appropriate permissions of the owner of rights in the content you upload and for any breach of these terms of use.

You should submit only content which belongs to you. You should never upload material that would violate the intellectual property or other rights of other people or organisations. Before posting or sending any content referring to or relating to any living person, you must obtain their explicit consent to be referred to on the Sites and you warrant to us that you have done so prior to posting such material. If the living person is under 16 you must obtain the consent of their parent or guardian to this use.

If you post or send any content whilst using the Sites you give us and our group companies and our affiliated companies and third party service providers permission to use, copy, adapt, edit, translate, make available and transmit or otherwise communicate, display and publish such content (or any part of it) and to create any derivative works from it together with the ability to sub-licence the same whether we refer to your user name or not and you waive any moral rights you may have in, or to be identified as the author, of such content. The grant of these rights to us is irrevocable, worldwide and royalty-free. This means that we can continue to use and display that content even if you ask us to remove it or after your registration has ended. If you do not agree to this, please do not submit any content to us. We may or may not use any user generated content provided to us.

Whenever you make use of a Forum, or make contact with other users of the Sites, you must comply with these terms and conditions.  You warrant that your contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Whilst we do not pre-screen Postings, we reserve the right, in our sole discretion, to delete any Posting submitted by you and/or to close any topic, at any time without notice to you.

Complaints about the content of any Posting must be sent to communications@dctmedia.co.uk and must contain details of the specific Posting giving rise to the complaint.

External links and banners

The Sites may, from time to time, include links to external sites and banner advertising.  We have included links to these sites to provide you with access to information and services that you may find useful or interesting but we do not accept responsibility for their content nor for their compliance with any laws and regulations.  We have no control over the content of these sites or for anything provided by them and do not guarantee that they will be continuously available.  We accept no responsibility for these sites or any loss or damage that may arise from your use of them.  The fact that we include links to such external sites does not imply any endorsement or association with their operators.

On some occasions, we earn revenue if you click the links and buy the products, but we never allow this to bias our coverage.​

Liability

Nothing in these terms and conditions shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under relevant law, be limited or excluded.

Subject to this, in no event shall we be liable to you (whether caused by tort or by breach of contract or otherwise) for loss of anticipated savings, data, wasted time, indirect or consequential losses, or for any loss of profit, revenue, contracts, goodwill or other similar losses whether directly or indirectly incurred.

We exclude any liability arising out of any dealings you have with third parties that take place using or facilitated by our websites unless specifically agreed elsewhere in our terms of use.

Any software is downloaded at your own risk.

You are responsible for and agree to pay us any losses, costs or expenses that we suffer as a result of you failing to comply with these terms of use.

General

If any part of provision of these terms of use are found to be unenforceable, this shall not affect the validity of any other part or provision.

You may not assign, sub-license or otherwise transfer any of your rights under these terms of use. We may assign these terms of use or any rights hereunder without your consent or notice.

These terms of use supersede any previous versions.

These terms of use shall be governed by English law, and you agree that any dispute between us regarding them or the Sites will only be dealt with by the English courts, provided that, if you are a consumer and not a business user and live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there.  Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.

Contacting us

Please submit any questions you have about these terms and conditions or any problems concerning the Sites by email to communications@dctmedia.co.uk, by telephone on 01382 223131 between the hours of 9am to 5pm, Monday to Friday, or write to us at Communications,  DC Thomson and Sons Ltd,  2 Albert Square, Dundee, DD1 1DD.

MAKING A PURCHASE OR BUYING A SUBSCRIPTION FROM OUR SITES

These Terms and Conditions apply to placing an Order (defined below) or making a Purchase (defined below). Our Privacy Policy forms part of these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions and Privacy Policy, you may not place an Order or make a Purchase.

CONTENTS

1 Definitions

2 Access

3 General Conditions of Making a Purchase

4 Making a Purchase of Goods or Services on Our Website

5 Making a Purchase of a Subscription on Our Website

6 Making a Purchase by Telephone

7 Making a Purchase by Post

8 Age of Consent

9 Price and Payment

10 Privacy

11 Our Rights

12 Warranty

13 Delivery

14 Title and Risk

15 Cancellation and Returns

16 Limitation of Liability

17 Waiver

18 Entire Agreement

19 Force Majeure

20 Assignation

21 Severance

22 Your Legal Rights

23 Other Legal Rights

24 Customer Service

25 Governing Law and Jurisdiction

1 DEFINITIONS

In these Terms and Conditions, the following words shall have the meaning set opposite:-

“Confirmatory Email” means the email sent to you to confirm acceptance of your Order as defined in Clause 4.1.4;

“Confirmatory Letter” means the letter sent to you to confirm acceptance of your Order as defined in Clause 6.3;

“Contract” means the contract between you and us formed as set out in Clauses 4 (Purchase of Goods/Services on Website), Clause 5 (Purchase of Subscription on Website), Clause 6 (Purchase of Goods/Services by telephone) or Clause 7 (Purchase of Goods/Services by post) (as applicable);

“Gift Vouchers” means vouchers purchased from us via the Website which can be used to make a Purchase;

“Goods” means goods including but not limited to, newspapers, magazines, Gift Vouchers, annuals, calendars, books, folders, toys, clothing, greetings cards, photographs and associated items and general merchandise made available for sale by us;

“Order” means a request by you to make a Purchase either by submitting the order via the Website or by submitting an order by telephone or by post;

“Personal Information” means information about you or a third party provided by you when submitting an Order or when using the Website;

“Price” has the meaning in Clause 9;

“Purchase” means the acceptance of an Order for the purchase of Services and/or Goods by Us, either via the Website, by telephone or by post;

“Services” means services including, but not limited to e-books and Subscriptions, available for sale by us either via the Website, by telephone or by post;

“Special Offer” means an offer or promotion advertised by us;

“Subscription” means a subscription to a publication advertised for sale by us;

“Terms and Conditions” means the terms and conditions of sale set out in this document together with the Privacy Policy;

“we”, “us” or “our” means DC Thomson & Company Limited, (a company incorporated in Scotland under the Companies Acts) (Registered Number: SC005830) and having its registered office at Courier Buildings, Albert Square, Dundee, DD1 9QJ, United Kingdom;

“Website” means the websites located at www.dcthomson.co.uk or any subsequent URL which may replace them.

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2 ACCESS

You are provided with access to the Website in accordance with our Terms of Use.

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3 GENERAL CONDITIONS OF MAKING A PURCHASE

3.1 These Terms and Conditions shall apply to all Orders and Purchases.

3.2 The advertisement of Goods or Services on the Website or in our publications constitutes an “invitation to treat” and your Order constitutes a contractual offer. There will be no contract between you and us unless and until we accept your Order in accordance with the procedures detailed below in Clauses 4, 5, 6 or 7 (as appropriate).

3.3 We will not file a copy of these Terms and Conditions specifically in relation to your Purchase. We may update the version of these Terms and Conditions on the Website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these Terms and Conditions for your records.

3.4 The only language in which we provide these Terms and Conditions is English.

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4 MAKING A PURCHASE OF GOODS OR SERVICES ON OUR WEBSITE

4.1 Subject to Clause 5 (purchasing Subscriptions), to make a Purchase on our Website, you need to take the following steps:

4.1.1 Click on the Goods or Services you wish to Purchase;

4.1.2 Input the quantity of the Goods or Service selected that you wish to Purchase, and then click “Add to Basket”;

4.1.3 once you have finished shopping, click “checkout”, review your Order, make changes to your Order (if necessary), complete the delivery and payment details, indicate your agreement to these Terms and Conditions, then click on “Confirm Payment”;

4.1.4 You will then be transferred to our secure third party payment gateway to process your payment details. We will then send you an initial acknowledgement by email to confirm that your Order is being processed and once we have checked whether we are able to meet your Order and whether payment has been successful, We will either send you an Order confirmation by email (“Confirmatory Email”) (at which point your Order will become a Purchase and shall conclude the Contract between you and Us) or alternatively, we will confirm by email that We are unable to meet your Order. Where we are unable to accept your Order due to the requested Goods or Services (as appropriate) being out of stock or unavailable, we will aim to advise you when We expect the requested Goods or Services to be in stock/available and you will be given the opportunity to proceed with the Order. If you want to proceed with the Order notwithstanding that there will be a delay in delivery of the Goods or Services due to them being out of stock or unavailable, we will send a Confirmatory Email at which point your Order will become a Purchase and shall conclude the Contract between you and us;

4.1.5 Once the Confirmatory Email has been sent to you, we will deliver the Goods/Services in accordance with Clause 13.

4.2 When purchasing Gift Vouchers from the Website, the following conditions shall apply to such Purchase, as well as at the time of redeeming the Gift Voucher whether by you or a third party:

4.2.1 If the Gift Voucher is purchased as part of a Special Offer, the Gift Voucher is only redeemable against Goods and/or Services advertised by us as being part of the relevant Special Offer at the time of redeeming the Gift Voucher and not at the date of Purchase of the Gift Voucher;

4.2.2 in some circumstances the Gift Voucher must be redeemed on one sole occasion when making a Purchase and this will be made clear to you and/or third party when purchasing and redeeming the Gift Voucher;

4.2.3 where you or a third party redeems the Gift Voucher against a Purchase valued lower than the value of the Gift Voucher, please note that you will not be given a refund of the difference;

4.2.4 Gift Vouchers cannot be exchanged for cash;

4.2.5 Lost, stolen or damaged Gift Vouchers cannot be replaced or refunded;

4.2.6 Gift Vouchers have an expiry date, usually twelve (12) months from the date of Purchase, and this will be stated on the back of the Gift Voucher.

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5a MAKING A PURCHASE OF A SUBSCRIPTION ON the DC THOMSON SHOP WEBSITE

5.1 To make a Purchase of a Subscription on our Website you will need to:

5.1.1 Go to https://www.dcthomsonshop.co.uk/subscriptions.html

5.1.2 Select which Subscription you wish to Purchase;

5.1.3 Select the start date of your Subscription (which will be the next available issue or any future issue within the next six months indicated by you) and delivery method and click “buy now”. You will be informed whether the Subscription qualifies for a free gift;

5.1.4 confirm the quantity of the Subscription(s) required and either click “Add to Basket” then continue shopping or “checkout” (as appropriate);

5.1.5 Complete your details and those of the recipient of the Subscription (if different from you) and the free gift (if appropriate). Our policy, unless indicated otherwise, is that any free gift will be sent to the recipient of the Subscription. You will then be asked whether you would like a special message to be included in a gift card (if appropriate). You will then be asked to proceed to the secure third party payment

Gateway. Where you are using a Gift Voucher to purchase a Subscription you will not be transferred to our third party payment gateway but you will instead be asked to provide the Reference Code of your Gift Voucher;

5.1.6 We will then send you an initial acknowledgement by email and once We have checked whether We are able to meet your Order, We will either send you a Confirmatory Email (at which point your Order will become a Purchase and shall conclude the Contract between you and Us) or alternatively, We will confirm by email that We are unable to meet your Order;

5.1.7 Once the Confirmatory Email has been sent to you, we will deliver your Subscription in accordance with Clause 13.

5.2 If you are unable to provide us with the Reference Code of the Gift Voucher in accordance with Clause 5.1.5, or where the Reference Code you do provide to us has already been activated, we are not obliged to accept your Gift Voucher.

5.3 Where you are entitled to a free gift in accordance with Clause 5.1.3 we reserve the right to substitute the one advertised for one of equal or greater value, at our sole discretion.

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For specific terms and conditions when purchasing subscriptions from our newspaper websites visit the following

https://www.thecourier.co.uk/subs-terms-conditions/

https://www.pressandjournal.co.uk/subs-terms-conditions/

https://www.energyvoice.com/subs-terms-conditions/

 

6 MAKING A PURCHASE BY TELEPHONE

6.1 To submit an Order and make a Purchase by telephone please call 0800 318846 for UK calls (Free to UK Landlines) or ++44 1382 575580 for overseas calls (Standard Geographical Rates apply). You will be asked what you would like to Purchase and to provide your name, address, email address and payment details. Telephone lines are open from 9.00am-4.30pm Monday-Friday (UK time) however these opening times may be varied from time to time at our discretion.

6.2 We will then check your Order including whether payment for the Order has been successful and whether we have the requested Goods in stock or whether the requested Services are available. We will then orally confirm acceptance of your Order at which point your Order will become a Purchase and shall conclude the Contract between you and us or alternatively, we will confirm that we are unable to meet your Order. Where We are unable to meet your Order due to the requested Goods being out of stock or the Services being unavailable, We will aim to advise you when We expect the requested Goods to be in stock or Services to become available and you will be given the opportunity to proceed with your Order. If you want to proceed with the Order notwithstanding that there will be a delay in delivery of the Goods/Services due to being out of stock/unavailable, We will orally confirm acceptance of your Order, at which point your Order will become a Purchase and shall conclude the Contract between you and Us.

6.3 Where a Contract has been concluded between you and us in accordance with Clause 6.2, we will send you a Confirmatory Email (where possible) and shall thereafter deliver the Purchase in accordance with Clause 13. If we do not have your email address, we will include written confirmation of your Purchase (“Confirmatory Letter”) when delivering the Purchase in accordance with Clause 13.

6.4 We record all incoming and outgoing calls from the telephone numbers located at Clause 6.1 for regulatory compliance purposes. We also record the calls so that we have a record of your Order and Purchase. We will retain these recordings for no longer than is necessary and in accordance with our Privacy Policy.

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7 MAKING A PURCHASE BY POST

7.1 To make a Purchase by post, please send the appropriate coupon or your written request, together with your cheque or payment details for the appropriate amount, to DC Thomson Shop, PO Box 766, Haywards Heath. RH16 9GF.

7.2 Upon receipt of your Order in accordance with Clause 7.1, we will then check your Order including whether payment for the Order has been successful and whether we have the requested Goods in stock or whether the requested Services are available. If we accept your Order it will become a Purchase and a Contract will be formed between you and us and we will deliver your Purchase in accordance with Clause 13 together with a Confirmatory Letter. If we are unable to accept your Order, We will confirm that we are unable to meet your Order in writing. Where We are unable to meet your Order due to the requested Goods being out of stock or the Services being unavailable, We will aim to advise you when We expect the requested Goods to be in stock or Services to become available and you will be given the opportunity to proceed with your Order. If you want to proceed with the Order notwithstanding that there will be a delay in delivery of the Goods/Services due to being out of stock/unavailable, please contact us by telephone in accordance with Clause 6.1 or write to us at the address noted in Clause 7.1.

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8 AGE OF CONSENT

8.1 Where Goods or Services may only be purchased by persons of a certain age you will be asked when placing an Order to declare that you are of the appropriate legal age to purchase the Goods or Services. By submitting an Order, you are confirming to us that you are of an appropriate legal age to purchase the Goods or Services requested.

8.2 If we discover or are of the opinion (as to which we shall have sole discretion) that you are not legally entitled to order certain Goods or Services, we shall be entitled to cancel the Order immediately, without notice.

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9 PRICE AND PAYMENT

9.1 The price of the Goods and Services shall be that stipulated on the Website or as otherwise advised by us to you via an advertisement or when making a Purchase by telephone or post. The price is inclusive of VAT and, with regard to Subscriptions, delivery charges also (“Price”). The Website contains a large number of Goods and Services and it is always possible that some of the Prices on the Website and/or on our advertisements may be incorrect. We will verify prices as part of our sale procedures so that the correct Price will be stated when you pay for the Goods and/or Services. We shall also confirm the Price to you when you are submitting your Order using the telephone or by post.

9.2 When making a Purchase of Goods or Services other than Subscriptions, you may have to pay a delivery charge in addition to the Price. We will inform you of this during the ordering process and before the Contract between you and us is concluded.

9.3 Subject to Clause 9.4, payment must be made prior to your Order being accepted and a Contract being formed.

9.4 You will have different payment options available to you when purchasing a Subscription and these will be brought to your attention during the ordering process and before the Contract between you and us is concluded.

9.5 When making a Purchase via our Website or by telephone, payment must be made in Sterling either by credit or debit card. Direct Debit payments can be accepted from UK bank accounts only. Payment for Purchases made by post can be made by credit or debit card or cheque in Sterling, unless otherwise intimated to you; there are limited options available to pay for some Subscriptions by cheque in a foreign currency. All card transactions are processed through a secure payment gateway. All credit/debit card Purchases are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not for any reason authorise payment to us for a particular Purchase, we will not accept your Order.

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10 PRIVACY

Our Privacy Policy forms part of these Terms and Conditions and details how we will deal with your Personal Information including payment information.

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11 OUR RIGHTS

11.1 We reserve the right to withdraw any Goods or Services from the Website at any time.

11.2 We shall not be liable to anyone for withdrawing any Goods or Services from the Website or for refusing to accept an Order.

11.3 We have a right to revise and amend these Terms and Conditions (including Price) without notice however any changes will not affect Contracts which have already been concluded in accordance with Clauses 4, 5, 6 or 7.

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12 WARRANTY

12.1 We cannot describe every detail of the Goods or Services on the Website and each description is therefore abbreviated and is correct at the time of its input.

12.2 We expressly exclude warranties, conditions, or terms whether implied by Statute, common law or otherwise to the fullest extent permitted by law. Any recommendation or suggestion relating to any of the Goods or Services made by us is given in good faith, but it is for you to satisfy yourself as to the suitability of the Goods for Your purposes.

12.3 You warrant and undertake to us that: (a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these Terms and Conditions; (b) the information provided in your Order is accurate and complete; and (c) you will be able to accept delivery of the Goods and Services.

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13 DELIVERY

13.1 Unless we agree otherwise with you, Goods supplied within or out with the UK will be delivered within 30 days of conclusion of the Contract.

13.2 Where you have purchased a Subscription, unless we agree otherwise with you, the first delivery may take up to six (6) weeks to be delivered, with the next and subsequent issues being delivered at the normal frequency for that publication. Please note that Subscriptions purchased using Gift Vouchers will only be delivered to addresses in the country or countries stated in the separate terms and conditions of the Gift Voucher.

13.3 Subject to Clause 5.3, if a free gift is included in a Subscription which you have purchased in accordance with Clause 5, we shall use our reasonable endeavours to deliver this free gift, under separate cover from the Goods forming the basis of the Subscription and within twenty-eight (28) days of conclusion of the Contract.

13.4 We shall use our reasonable endeavours to meet any date agreed for delivery. Notwithstanding the foregoing, we shall not be liable for any losses, costs, damages or expenses incurred by you or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

13.5 Delivery of the Goods or Services (if appropriate) shall be made to the delivery address specified in the Order and You shall make all arrangements necessary to take delivery of the Goods or Services whenever they are tendered for delivery.

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14 TITLE AND RISK

14.1 The Goods will be at your risk from the time of delivery. Ownership of the Goods will only pass to you upon the later of: (a) delivery of the Goods; and (b) receipt by us of full payment of all sums due in respect of the Goods (including delivery charges).

14.2 We will be entitled to recover payment for the Goods where the Goods have been delivered to you even where ownership has not passed to you.

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15 CANCELLATION AND RETURNS

15.1 Subject to Clause 15.4, you may cancel a Contract for Goods, without cause, and receive a full refund of the Price and any delivery charge paid by you in accordance with Clause 9.2, provided you notify us in writing, fax, or email of said cancellation within 7 working days from the day after you receive the Goods. In the case where Goods have been delivered to a third party on your behalf, the cancellation period shall apply from the day after the day the third party receives the Goods. All cancellation notices should be directed to the contact details set out in Clause 24.

15.2 Subject to Clause 15.4, you may cancel a Contract for Services e.g. e-books, Subscriptions, without cause, and receive a full refund of the Price and any delivery charge paid by you in accordance with Clause 9.2 provided You notify us in writing, fax or email of said cancellation within (i) for online sales, 7 working days from the Confirmatory Email sent in accordance with Clauses 4 or 5 (as applicable); or (ii) for telephone or postal sales, 7 working days from receipt of the Confirmatory Email or Confirmatory Letter sent in accordance with Clauses 6 or 7 (as applicable). Notwithstanding this Clause 15.2, where you have agreed to, and have received, the Services before the expiry of the 7 working day cancellation period, your rights to cancel the Contract will cease upon receipt of the Services. All cancellation notices should be directed to the contact details set out in Clause 24.

15.3 In the event that you serve a valid notice of cancellation in accordance with Clauses 15.1 or 15.2, We shall provide you with a full refund of the Price plus delivery charges (if appropriate) within 30 days of receipt of notification. It is your responsibility to return any Goods including any free gifts to us within twenty- one (21) days of cancellation. Returned Goods must clearly show the order number obtained from us on the package and sent to the address noted below in Clause 24. You will be responsible for the costs in returning the Goods to Us and should you fail to return the Goods to Us within the timeframe, We are entitled to deduct an amount not exceeding the direct costs of recovering the Goods from You from the money we are obliged to refund you, unless you are returning the Goods because they are defective or in any other circumstances you are entitled to reject the Goods under law. On cancellation, the Goods shall remain at your risk until returned to us and you are required to take reasonable care of the Goods until that time. Where returned Goods are found to be damaged due to your acts or omissions, you will be liable for the cost of remedying such damage or the replacement cost of the relevant Goods.

15.4 Unfortunately you will not have a right to cancel the contract if your purchase consists of audio, video recordings or computer software that have been unsealed by you or if your purchase consists of a single issue of a newspaper, periodical or magazine (excluding a subscription to a newspaper, periodical or magazine)

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16 LIMITATION OF LIABILITY

16.1 We shall not be liable to you for any indirect or consequential losses whatsoever or howsoever arising.

16.2 Subject to Clause 16.3, our entire and aggregate liability to you shall in no circumstances exceed the Price of the Purchase giving rise to the claim. 16.3 Nothing in these Terms and Conditions shall exclude or limit your or our liability for death or personal injury caused by negligence or breach of statutory duty.

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17 WAIVER

No failures to exercise and/or delay by us (whether express or implied) in enforcing any of its rights under this Contract shall operate as a waiver thereof. A waiver by us of any breach of the Terms and Conditions shall not prevent the subsequent enforcement of that provision and shall not be deemed to be a waiver of any subsequent breach of that or any other provision.

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18 ENTIRE AGREEMENT

18.1 These Terms and Conditions, postal order forms, recorded telephone conversations at the time of submitting the Order and any other document referred to herein constitute the entire and only agreement between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous agreements, undertakings, arrangements, understanding or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter.

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19 FORCE MAJEURE

We shall not be liable for any delay or failure to perform any of Our obligations if the delay or failure results from events or circumstances outside Our reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, terrorism, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, telecommunications failure, epidemic, perils of the sea or air, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion or civil authority, including acts of local government and parliamentary authority; disputes of whatever nature and for whatever cause arising including but without prejudice to the generality of the foregoing, work to rule, overtime bar, strikes and walkouts. We shall endeavour to notify you as soon as possible should any such events or circumstances occur.

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20 ASSIGNATION

You are not allowed to assign, novate, delegate or sub-contract any of your rights and obligations under these Terms and Conditions. We may assign, novate, delegate or sub-contract any of our rights and obligations under these Terms and Conditions at Our discretion.

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21 SEVERANCE

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.

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22 YOUR LEGAL RIGHTS

Nothing in these Terms and Conditions affect your rights at law (including your right to receive a refund in respect of any defective Goods we sell to you).

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23 OTHER LEGAL RIGHTS

For more information about your other statutory rights, please visit the Department of Trade and Industry’s Consumer Gateway Website at:https://www.gov.uk/consumer-protection-rights

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24 CUSTOMER SERVICE

In the event of a query or complaint about the Website or Us, please email shop@dcthomson.co.uk or contact us at the addresses noted below.

CONTACT DETAILS

Address for Orders
DC Thomson Shop
PO Box 766
Haywards Heath
RH16 9GF
United Kingdom

General Correspondence & Returns Address
DC Thomson Shop
80 Kingsway East
Dundee
DD4 8SL
United Kingdom

Registered Head Office
DC Thomson & Co Ltd
2 Albert Square
Dundee
DD1 9QJ

Registered in Scotland No 5830

VAT NUMBER

DC Thomson & Co Ltd is registered in Scotland for VAT. The VAT number is GB415340486.

 

25 GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.

By reading the above I confirm I understand and accept these Terms and Conditions

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Last updated: November 2018 © DC Thomson & Company Limited 2018

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