Consumer and business terms for the supply of goods

ABOUT US
1. We are The Law Society of England & Wales (trading as The Law Society) a company registered in England and Wales under charity number: 268736. Our registered office is at: 113 Chancery Lane, London, WC2A 1PL. Our VAT number is: 239 214 763.
2. How to contact us: You can contact us by sending an email to thelawsociety@cbldistributionltd.co.uk or calling 0370 850 1422.
THESE TERMS
1. These terms apply to any purchases you make on our website. Please read these terms carefully before you place any orders on our site, as they set out important information about your and our rights and obligations. Please note that by placing your order, you agree to these terms.
2. For the purposes of these terms, you are a ‘consumer’ if you are buying from our site as an individual for purposes wholly or mainly outside of your trade, business, craft or profession. You are a ‘business customer’ if you are buying from our site for purposes relating to your trade, business, craft or profession. Some terms only apply to your order if you are a consumer and other terms only apply to your order if you are a business customer, so please make sure you read these terms carefully.
3. Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to The Law Society and any reference to ‘you’ or ‘your’ is to the person placing an order on our site.
4. If you are a business customer placing an order on behalf of a business, you confirm that you have authority to place such order for and on behalf of that business.
5. We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you submitted your order to us.
6. Please print out or save a copy of these terms and any emails from us for your records, as we will not save or file a copy for you. These terms are only available in English.
7. Your use of our site is governed by our Website Terms of Use https://www.lawsociety.org.uk/website-information/legal-notice
ORDERS
1. Please check your order carefully and correct any errors before you submit it to us.
2. After you place your order, we will send you an acknowledgment email to let you know that we have received your order. This does not mean that your order has been accepted by us. Your order is an offer to buy goods from us on these terms.
3. Acceptance of your order by us takes place when we send you an order confirmation email, at which point a legally binding contract is formed between you and us on these terms.
4. If we do not accept your order, for example because we are unable to take payment, what you’ve ordered is unavailable, or there has been a mistake regarding the pricing or description of the goods, services or digital content, we will email you using the details you provided when you placed your order. We have the right to reject any order for any reason.
AVAILABILITY
1. All orders are subject to availability.
2. We cannot guarantee that any goods will be available at any given time.
3. In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop supplying certain goods. If this happens and it affects your order, we will notify you by email, cancel your order and in respect of the affected goods, provide you with a full refund (including any delivery costs, if applicable).
MAKING CHANGES TO YOUR ORDER
1. If you would like to make any changes to your order after you have submitted it, please contact us as soon as possible and we will let you know if it is possible to change your order.
DESCRIPTIONS
1. Descriptions of our goods are set out on our site. Please read the descriptions carefully.
2. Any pictures and images provided on the site, including of packaging, are for illustration purposes only. Your goods and their packaging may vary slightly from those pictures or images.
DELIVERY OF GOODS
1. We will deliver your goods to the address specified by you when you placed your order.
2. Please examine the goods as soon as reasonably possible after delivery and notify us of any fault or damage within 48 hours of receipt of the goods.
3. Once your order has been delivered to your address or in accordance with the delivery instructions you provided to us, the risk in the goods passes to you and the goods are classed as having been ‘delivered’. This means that you are responsible for the goods and we are not liable to you if the goods are stolen or damaged after they have been delivered to you. This does not affect your legal rights if the goods are faulty or misdescribed. Ownership of the goods passes to you once you have paid for them in full.
DELIVERY DATES AND COSTS
1. In you are placing an order for delivery within England delivery costs and information will be provided on the website when you place your order. If you are placing an order for delivery outside of England, please telephone us on 0370 850 1422 so that the information on delivery options and costs can be provided to you. You will be given available delivery options to choose from when you place your order.
2. Your goods will be delivered on the selected delivery date or within the delivery period specified, depending on the delivery option you chose when you placed your order. We will deliver your order within 30 days of the order confirmation email unless otherwise agreed between you and us.
3. Any delivery dates stated during the order process, or in your order acknowledgment or order confirmation emails, are estimates, unless we have agreed a specific delivery date with you.
4. We will do all that we reasonably can to deliver your order within the delivery period or on the delivery date agreed with you. However, we are not liable to you for any losses you incur if delivery is delayed because of circumstances beyond our reasonable control (for example, severe weather, accidents or unpredictable traffic delays).
USE RESTRICTIONS
1. If you are a consumer, any goods are provided to you for your domestic and personal use only.
2. If you are a business customer, any goods are provided to you for your business purposes only.
PRICES
1. Prices for our goods are set out on our site. All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate, but exclude delivery charges and packaging and handling. For information on domestic delivery options and costs, go to https://bookshop.lawsociety.org.uk/
2. Prices for our goods and charges, may change at any time. Except as set out in clause 10.3 below, such changes will not affect existing orders.
3. If there has been an error on the site regarding the pricing of any of our goods and this affects your order, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will treat the order as cancelled and notify you by email.
PAYMENT
1. We accept all major credit cards and debit cards. All credit card and debit card payments need to be authorised by the relevant card issuer. For all international orders, please contact us.
2. Any goods that you buy from us must be paid for in advance. We will take payment from your card before we send you your order confirmation email.
3. If we are unable to take payment from your card, we will try to contact you using the contact details you provided when you placed your order. If we are unable to contact you, we will cancel your order and notify you by email.
4. If your payment is not received by us when due, we may charge interest on any balance outstanding at the rate of 4 percentage points per year above Barclay’s Bank plc’s base rate.
CONSUMER CANCELLATION RIGHTS
This clause 12 only applies to you if you are a consumer.
1. Except in the circumstances listed in clause 12.2, you have the right to change your mind and cancel your order as follows:
  1. in respect of orders for goods, you have 14 days from the delivery date to cancel your order; and
  2. in respect of orders for services or digital content, you have 14 days from the date of your order confirmation email to cancel your order.
2. You do not have the right to cancel orders for digital books. You will lose your right to cancel once you start to access or download the digital content.
3. To cancel your order, please email us at thelawsociety@cbldistributionltd.co.uk or call us on 0370 850 1422. To help us process your cancellation more quickly, please have your order number ready or include it in the email you send to us.
RETURNING GOODS IF YOU CANCEL YOUR ORDER
This clause 13 only applies to you if you are a consumer.
1. If you cancel an order for goods and you have already received your order, you must return the goods to us within 14 days of telling us that you want to cancel your order. The deadline is met if you send the goods back to us before the 14-day period has expired.
2. We strongly recommend that you get proof of postage. We may withhold the refund until we have received the goods back from you or until you have provided us with evidence that you have sent the goods back (whichever is earlier).
3. Goods must be returned to us in a new and unused condition and, to the extent possible, in their original packaging. You are responsible for the goods while they are in your possession.
4. Unless the goods are faulty or misdescribed, you are responsible for the cost of returning the goods to us.
REFUNDS IF YOU CANCEL YOUR ORDER
This clause 14 only applies to you if you are a consumer.
1. If you exercise your right to cancel under clause 13, we will provide you with a refund as soon as possible.
2. If you cancel an order for goods and have already received goods, we will issue the refund no later than 14 days after the day we receive the goods back from you or, if earlier, you provide us with evidence that you have sent the goods back. Otherwise, we will issue the refund no later than 14 days after the day on which you told us that you want to cancel.
3. Your refund will be subject to the following deductions:
  1. if you chose a delivery option that is more expensive than the cost of standard delivery, we will only refund the cost of standard delivery;
  2. if you handled the goods in a way beyond what might reasonably be permitted in a shop and this resulted in a loss in value of the goods, we may make a deduction from the refund for such loss in value.
4. We will issue your refund to the same payment method you used when you placed your order.
5. If the right to cancel does not apply because of one of the circumstances listed in clause 13.2, you will not be entitled to a refund unless the goods are faulty. See clause 15 below.
FAULTY GOODS - CONSUMERS
This clause 15 only applies to you if you are a consumer.
1. Any goods that we provide to you must be as described, fit for purpose and of satisfactory quality.
2. We are under a legal duty to supply goods that are in conformity with our contract with you.
3. If there is a problem with any goods you have purchased from us, please contact us as soon as reasonably possible.
FAULTY GOODS - BUSINESS CUSTOMERS
This clause 16 only applies to you if you are a business customer.
1. We warrant that any goods you purchase will, for a period of 30 days from the date of delivery (as described in clause 7.3):
  1. conform in all material respects to their descriptions on the website;
  2. be free from material defects in design, material and workmanship; and
  3. be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
2. If the goods do not meet the standards in clause 16.1, you must notify us by email to thelawsociety@cbldistributionltd.co.uk within 30 days from the date on which you became aware (or should reasonably have become aware) of the defect:
  1. provide us with sufficient information as to the nature and extent of the defects, including to enable us to reproduce the errors or investigate the defect;
  2. give us a reasonable opportunity to examine the defective goods or otherwise investigate the defect; and
  3. return the defective goods to us the reasonable cost of which will be refunded to you once we have inspected the goods and confirmed they are faulty or misdescribed.
3. Clause 16.2 sets out your sole and exclusive remedy for any breach of clause 16.1.
4. Except as set out in this clause 16, we give no warranties and make no representations in relation to the goods, services or digital content, and all warranties and conditions (including the conditions implied by sections 13–15 of the Sale of Goods Act 1979 and sections 12–16 of the Supply of Goods and Services Act 1982, and any implied terms relating to the ability to achieve a particular result), whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.
EVENTS BEYOND OUR CONTROL
1. We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.
OUR LIABILITY TO CONSUMERS
This clause 18 only applies to you if you are a consumer.
1. If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
2. We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
3. Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
OUR LIABILITY TO BUSINESS CUSTOMERS
This clause 19 only applies to you if you are a business customer.
1. Subject to the below, our liability under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed the amount of £300.
2. We will not be liable to you under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for:
  1. consequential, indirect or special losses; or
  2. any of the following (whether direct or indirect):
    (a) loss of profit;
    (b) loss or corruption of data;
    (c) loss or corruption of software or systems;
    (d) loss or damage to equipment;
    (e) loss of use;
    (f) loss of opportunity;
    (g) loss of savings, discount or rebate (whether actual or anticipated); or
    (h) harm to reputation or loss of goodwill.
3. Nothing in these terms will limit or exclude our liability for:
  1. death or personal injury caused by negligence;
  2. fraud or fraudulent misrepresentation; or
  3. any other losses which cannot be excluded or limited by law.
YOUR INFORMATION
1. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available here https://bookshop.lawsociety.org.uk/privacy-policy/which explains what information we collect and hold about you, and how we collect, store, use and share such information.
NO THIRD PARTY RIGHTS
1. No one other than us or you has any right to enforce any of these terms.
COMPLAINTS
1. If you are unhappy with us or the goods we have provided to you, please contact us at thelawsociety@cbldistributionltd.co.uk
GOVERNING LAW AND JURISDICTION
1. If you are a consumer, the laws of England and Wales apply to these terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.
2. If you are a business customer, these terms and any dispute or claim arising out of, or in connection with, the terms, their subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales. You and us both irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms, their subject matter or formation (including non-contractual disputes or claims).
GENERAL TERMS
1. You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
2. If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
3. If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.
4. If you are a business customer, any variation to these terms will not be binding unless expressly agreed in writing between you and us.
5. If you are a business customer, you and we both agree that these terms constitute the entire agreement between you and us in relation to your order. You acknowledge that you have not entered into these terms in reliance on any representation or warranty that is not expressly set out in these terms and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement in these terms.