Terms for the Supply of Products
Terms and Conditions for the Supply of Products
These are the terms and conditions upon which Puzzler Media Limited (we) will sell the products and services (Products) listed on www.puzzler.com (Site) or in our publications to you. Your purchase of any Products, whether such Products are bought online via the Site, over the telephone or by mail, is subject to these terms and conditions and by placing an order for any Products, you agree to be bound by them.
These terms only apply to sales to consumers – if you wish to make any business purchases please do not purchase Products from our Site and please contact firstname.lastname@example.org.
If you do not agree to these terms and conditions, please do not purchase any Products.
Defined terms used in these terms and conditions have the same meanings as they are given in our general Website Terms and Conditions of Use unless expressly defined in these terms.
We may change these terms and conditions from time to time by changing them on the Site. By continuing to purchase Products you accept these changes and agree to be bound by them. It is your responsibility to check the terms and conditions each time you purchase any Products from us. These terms and conditions were last updated on 27 September 2016.
From time to time we may offer special offers or temporary promotions for our Products on the Site or in our publications. These may be subject to additional terms and conditions, which we will let you know about in those offers.
The advertisement of Products on the Site or in our publications is an invitation to treat only and any order from you constitutes an offer to us to buy such Products. All orders are subject to acceptance by us. There will be no contract between you and us unless and until we accept your order in accordance with the procedures detailed in these terms and conditions.
The terms and conditions contain the following sections:
10. Gift vouchers
12. Title and risk
15. Faulty Products
20. Contacting us
1. Applicability of these terms and conditions
These terms and conditions only apply to the purchase of Products by consumers, whether such Products are bought online via the Site, over the telephone or by mail. They do not apply to the purchase of subscriptions or for the purchase of downloads from app stores (where applicable terms and conditions will be supplied at the point of purchase from the app store).
All orders are subject to acceptance by us.
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2. How to purchase Products from the Site
You can choose to register with the Site, but you do not have to in order to purchase a Product from it. If you do register, it will make the process of making a purchase quicker the next time you use the Site. In registering, you will be providing certain personal information to us.
Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the submit order button on the checkout page. You will also have to agree to these terms and conditions before you can place your order.
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 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 (order confirmation) (at which point a contract between you and us shall be formed), 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 Products being out of stock or unavailable, we will aim to advise you when we expect the requested Products to be in stock/available and you will be given the opportunity to proceed with the order or receive a full refund. If you want to proceed with the order notwithstanding that there will be a delay in delivery of the Products due to them being out of stock or unavailable, we will send an order confirmation at which point a contract between you and us shall be formed. After entering into the contract, we will be under a legal duty to supply you with Products that are in conformity with the contract.
Once the order confirmation has been sent to you, we will deliver the Products in accordance with the relevant delivery section below.
3. How to purchase Products over the telephone
To purchase Products by telephone please call 0800 904 7018 for UK calls or +44(0) 1382 575533 for overseas calls. You will be asked what Products you would like to purchase and to provide your name, address, email address and payment details. Telephone lines are open from 8am to 6pm, Monday to Friday (UK time); however these opening times may be varied from time to time at our discretion.
We will then check your order including whether payment for the order has been successful and whether we have the requested Products in stock. We will then orally confirm acceptance of your order at which point your order will become binding and shall conclude a contract between you and us for the purchase of the Products or alternatively, we will confirm that we are unable to meet your order. Where we are unable to meet your order for any reason, we will aim to advise you when we expect the Products to become available and you will be given the opportunity to proceed with your order or receive a full refund. If you want to proceed with the order notwithstanding that there will be a delay in delivery, we will then orally confirm acceptance of your order, at which point your order will become binding and shall conclude a contract between you and us for the purchase of the Products. After entering into the contract, we will be under a legal duty to supply you with Products that are in conformity with the contract.
Where a contract has been concluded, we will send you a confirmatory email (where possible) and shall thereafter deliver the Products in accordance with the Delivery section below. If we do not have your email address, we will include written confirmation of the Products purchased when delivering the Products. This is your order confirmation.
We may record all incoming and outgoing calls made in relation to ordering Products over the phone for regulatory and compliance purposes. We may also record the calls so that we have a record of your order. We will retain these recordings for no longer than is necessary and in accordance with our Privacy Statement.
4. How to purchase Products by post
To purchase Products by post, please send the appropriate coupon or your written request, together with a cheque or payment details for the appropriate amount, to Puzzler Media, PO Box 835, Haywards Heath, RH16 9NP.
Upon receipt of your order, we will then check your order including whether payment for the order has been successful and whether we can meet your Product order. If we accept your order it will become binding and shall conclude a contract between you and us for the purchase of the Products. After entering into the contract, we will be under a legal duty to supply you with Products that are in conformity with the contract. If we are unable to accept your order, we will confirm by the contact methods you have given us in your order request that we are unable to meet your order in writing. Where we are unable to meet your order for any reason, we will aim to advise you when we expect the Products to become available and you will be given the opportunity to proceed with your order or receive a refund. If you want to proceed with the order notwithstanding that there will be a delay in delivery, please contact us by telephone on the numbers listed in the section above or write to us at the address above.
Where a contract has been concluded, we will send you a confirmatory email (where possible) and shall thereafter deliver the Products in accordance with the relevant delivery section below. If we do not have your email address, we will include written confirmation of the Products purchased when delivering the Products. This is your order confirmation.
5. Your personal information
When you purchase Products from us, whether from the Site, over the telephone or by post, you will need to provide us with certain personal information to enable us to process your order.
Our Privacy Statement sets out how we use any of your personal information you give us.
Any personal information which you provide to us when you register with the Site or purchase Products must be true, accurate, current and complete in all respects. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use when purchasing goods. You will notify us immediately of any changes to any personal information supplied to us.
6. Age of consent
Although you can register as a user of our Site if you are under 16 please note that we do not sell Products to under-16s. All Products must be purchased by an adult of 16 or over using their own account details.
By submitting an order, you are confirming to us that you are 16 or over.
If we discover or are of the opinion that you are not legally entitled to order Products, we shall be entitled to cancel the order immediately, without notice to you.
7. Price and payment
All prices are inclusive of VAT where applicable at the current rates.
Prices include delivery costs.
All prices are correct at the time they are given. Prices and delivery charges are liable to change at any time but changes will not affect orders for which you have already paid.
The Site and publications contain a large number of Products and it is always possible that some of the Products listed may be incorrectly priced. We will verify prices as part of our sale procedures so that the correct price will be stated when you pay for the Products. We will also confirm the price to you when you submit your order using the telephone. If we discover a manifest error with our prices then we may cancel your order and refund you.
When making a purchase via the Site, you can pay using a credit or debit card through our secure third-party payment gateway. All credit/debit card purchases are subject to validation checks (which you consent to) 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. Please note that it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
Payment options relating to purchase via the telephone or by post are set out in the relevant sections above.
Your order will be fulfilled by the delivery date set out in the order confirmation or, if no delivery date is specified, then within 30 days of the date of the order confirmation or the date the contract between you and us was concluded.
We reserve the right to refuse to deliver in certain areas from time to time.
Products comprised within the same order cannot be delivered to different addresses.
Deliveries will be made to your door. Our delivery team will not be responsible for any additional carrying, unpacking or positioning of Products. If you order a large, heavy or bulky Product, you are advised to check that its dimensions (allowing for packaging) will allow it to pass freely through the doorways and corridors of the delivery address.
Our delivery teams will use their reasonable efforts to arrange delivery but if they are unable to do so, your order will be cancelled and you will be refunded by way of the original payment method unless otherwise agreed. We reserve the right to impose storage and/or re-delivery charges if you are not present to take delivery.
We shall use our reasonable endeavours to meet any date agreed for delivery, but we will 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.
Delivery of the Products shall be made to the delivery address specified in the order and you shall make all arrangements necessary to take delivery of the Products whenever they are tendered for delivery.
9. Delivery outside the United Kingdom
Any restrictions on delivery locations are as stated on the Site. We reserve the right to refuse to deliver in certain areas from time to time.
If you order Products for delivery outside the United Kingdom, they may be opened and inspected by customs authorities and 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.
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.
10. Gift Vouchers
We may also offer gift vouchers from time to time and they may only be redeemed in accordance with the terms specified on the voucher so please read these carefully. Please note that Products 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.
We may also offer you ecoupons from time to time, in which case you will be asked to provide the reference code of your ecoupon. If you are unable to provide us with the reference code or the code you provide to us has already been activated, we are not obliged to accept your coupon. Ecoupons are and remain the property of Puzzler Media Limited and are personal to you. They may not be transferred or reproduced or distributed. If we believe you are using an ecoupon unlawfully, we will refuse to honour it and you may be committing an offence. We reserve the right to cancel an ecoupon at any time before it has been used. Ecoupons cannot be exchanged for cash, gift vouchers or other items. We may restrict you from using ecoupons on certain products or apply minimum spend restrictions. Where an ecoupon has been used for an order of more than one product, the value of the ecoupon is applied proportionately to the value of the whole order and if a product is returned you will receive the proportionate refund. Additional restrictions may apply – please refer to the terms on the ecoupons.
12. Title and risk
Products ordered will be at our risk until they come into your physical possession or the possession of a third party nominated by you to take possession of the Products. Ownership of the Products will pass to you on delivery, provided we have received full payment of all sums due in respect of the Products, including delivery charges. By placing an order you are authorising us to accept signature from another person at your address on your behalf if you are not present.
If you change your mind about your order which is made by post, telephone or online via our Site, you may cancel your order at any time before your order is delivered and up to 14 days afterwards, beginning on the day after you receive the Products. In this case, you will receive a full refund of the price paid for the Product in accordance with our refunds policy (set out below).
To cancel a contract, you must inform us:
– in writing either to the address noted at the end of these terms and conditions or by emailing us at email@example.com, giving us your name, address and order reference;
– by telephone by calling us on 0800 904 7018 for UK calls or +44(0) 1382 575533 for overseas calls, giving us your name, address and order reference; or
You must also return all Products that you have received to us with the original packaging within 14 days after the day of notifying us of the cancellation, and at your own cost and risk. Returned Products must clearly show the order number obtained from us on the package and should be sent to the address noted at the end of these terms and conditions.
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 to deduct the cost of any deterioration from you up to the price of the Product, from the refund to which you are otherwise entitled.
You will not have any right to cancel a contract for the supply of any of the following Products:
– perishable items or cosmetic grooming products or other items which cannot be returned for health or hygiene reasons;
– audio and/or visual recordings or computer software or hygiene sealed items in each case where the sealed packaging has been opened; or
– Products that have been customised or made to your own specifications;
unless such Products were damaged or faulty when delivered to you or have been incorrectly delivered.
You will not have the right to cancel a contract relating to the purchase of any service or electronic content (such as Puzzler downloads) where the performance of the service or supply of the electronic content has begun.
To return the Products, you should package the parcel securely (making sure you include a note of your name and address (enclosing any returns slip, if we have provided one) inside the parcel) and then return it to us, either by courier or by recorded delivery mail or other form of certified mail, or if the Products are too bulky to return by mail then by a suitable carrier, to the following address:
DC Thomson & Co Ltd
80 Kingsway East
We advise that you take out enough postal/carriage insurance to cover the value of the contents. Please save your proof of posting/despatch and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the Products to us, except in the case of items which we substitute if the precise Products you order are not in stock.
Details of the consumer rights described above, and an explanation of how to exercise them, are provided in the order confirmation. Nothing in this section affects your legal rights.
If you cancel a contract between us within the 14-day cooling-off period (see above), we will process the refund due to you as soon as possible and, in any case, within 14 days after the day on which we receive the Products back or, if earlier, the day on which we receive evidence that you have returned the Products to our return address (see above). We will refund the price of the Product in full, including the cost of standard delivery. However, we will not refund your cost of returning the Products to us.
We will refund any money received from you using the same method originally used by you to pay for your purchase unless otherwise agreed.
15. Faulty Products
If any Product is damaged or faulty when delivered to you, we may offer an exchange or refund, as appropriate, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty, you must promptly inform us in writing, giving us your name, address and order reference. Nothing in this section affects your legal rights. If you sign for a Product and do not notify the delivery person of any damage to the Product, then this may result in us refusing a refund.
16. Product information
It is not possible to describe every detail of the Products available to purchase on the Site. Each description is therefore abbreviated and to the best of our ability, is correct at the time of its input onto the Site. Please be aware that the appearance of our Products may vary slightly from the way they appear on your screen. All measurements and sizes are approximate although we make every effort to make them as accurate as possible.
17. Our rights to withdraw Products
We reserve the right to withdraw any Products offered on the Site or in a publication at any time.
We shall not be liable to anyone for withdrawing any Product from the Site or in a publication or for refusing to accept an order.
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 English law, be limited or excluded.
Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer arising from any contract shall not exceed the purchase price of the relevant Products and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
We shall not be obliged to perform our obligations under this agreement to the extent that we are prevented, hindered or delayed by reason of ‘Force Majeure’ which shall mean any cause or event beyond our reasonable control and including: war, civil war, armed conflict, terrorist attack, riot, civil commotion, malicious damage; compliance with any law or governmental order, strikes, or other industrial disputes, accidents, explosions, breakdowns of plant or machinery, failure of transport links, failure of telecoms links, unavailability of the internet or any utility, fire, flood, storm or adverse weather conditions, epidemic or pandemic, acts of God or failure to perform by our suppliers or sub-contractors.
Our liability to you arising under or in connection with these product terms or arising from or in connection with any breach or non-performance of these product terms no matter how fundamental (including by reason of our negligence) in contract, tort or otherwise in relation to any Product shall be limited to the price you have paid to us for that Product.
If any part or provision of these terms and conditions is 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 and conditions. We may assign these terms and conditions or any rights hereunder without your consent or notice.
These terms and conditions supersede any previous versions.
These terms and conditions shall be governed by English law, and you agree that any dispute between us regarding them or the Site 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.
20. Contacting us
Please submit any questions you have about these terms and conditions or any problems concerning the Site by email to firstname.lastname@example.org, by telephone on 01737 378700 between the hours of 9am and 5pm, Monday to Friday, or write to us at: Customer Services, Puzzler Media Limited, Stonecroft, 69 Station Road, Redhill, Surrey, RH1 1EY.
Last updated: September 2016 © Puzzler Media Limited 2016