Terms | Sawday's

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Terms of Website Use

This page (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.sawdays.co.uk (our site), whether as a guest or as a registered user. Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site. We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

Other applicable terms

These terms of use refer to our Privacy Policy, which will also apply to your use of our site. This sets out the terms on which we process any personal data we collect from you, or that you provide to us, as well as information about the cookies on our site. By using our site, you consent to us processing your data and you warrant that all data provided by you is accurate.

Our Terms of Sale will apply to any purchases you make in our bookshop.

Information about us

The site is operated by Alastair Sawday Publishing Co Ltd, trading as Alastair Sawday’s. We are a limited company registered in England and Wales under company number 02812527 and have our registered office at Merchants House, Wapping Road, Bristol, BS1 4RW. Our VAT number is 196 3709 68.

Changes to these terms

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we make, as they are binding on you.

Accessing our site

Unless otherwise stated for particular content and/or functionality, our site is made available free of charge.

We do not guarantee that our site, or any content or functionality on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection and/or on your behalf, are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

User accounts & passwords

Our site offers two types of user account:

  1. Accounts for property owners who are members of Sawday’s and have their property listed on our site (“Owners”); and
  2. Accounts for guests, which enables visitors of our sites to mark listings as favourites, submit feedback, and access other functionality available from time to time (“Guests”).

The use of an Owner account is also subject to our membership terms and conditions, which will prevail over these terms of use in the event of any conflict.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. If you use a social media login function, you must keep your social media account details confidential and must not allow any third party to access or use your social media account.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your log in details, please use the website to reset your password.  If you have any problems, please notify us at help@sawdays.co.uk and provide any relevant details.

Changes to our site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of page(s) on our site for your personal use and you may draw the attention of others to content posted on our site.

You must not modify the paper or digital copies of any materials 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.

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

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

In particular, we are not responsible for any information provided by Owners, whether on this site, via another medium, or in communications with you. We are not party to and cannot be held liable for any dealings between Guests, Owners, and/or other users or third parties.

Uploading content to our site

Our site may enable you to upload, submit to us and/or share text, images, photographs, data, weblinks, opinions, and/or other materials (Content).

Whenever you make use of a feature that allows you to upload or submit Content, or to make contact with other users of our site (including Owners), you must comply with our acceptable use & content standards (see section below).

You warrant that any contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any Content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you are required to grant us a non-exclusive, royalty-free, irrevocable, perpetual, worldwide licence (including the right to sub-licence) to use, store, copy, modify and adapt that Content and to distribute and make it available to third parties via any medium.

You warrant and represent that we also have the right to disclose your identity to any third party who you ask us to contact on your behalf or who is claiming that any Content posted or uploaded by you constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the Content or accuracy of any Content posted by you or any other user of our site.

We have the right to remove any posting you make on our site for any reason whatsoever including if, in our opinion, your post does not comply with the acceptable use & content standards set out below.

The views expressed by other users on our site do not represent our views or values.

Acceptable use & Content standards

a. Prohibited uses

You may use our site only for lawful purposes.  You may not use our site:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • for the purpose of harming or attempting to harm minors in any way;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (set out below);
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  • 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.

You also agree:

  • not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use;
  • not to access without authority, interfere with, damage or disrupt:
    • any part of our site;
    • any equipment or network on which our site is stored;
    • any software used in the provision of our site; or
    • any equipment or network or software owned or used by any third party.

b. Content standards

These content standards apply to any and all Content which you contribute to our site or submit to us.

You must comply with the spirit and the letter of the following standards.

Contributions must:

  • be accurate (where they state facts).
  • be genuinely held (where they state opinions).
  • comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • contain any material which is defamatory of any person.
  • contain any material which is obscene, offensive, hateful or inflammatory.
  • promote sexually explicit material.
  • promote violence.
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • infringe any copyright, database right or trade mark of any other person.
  • be likely to deceive any person.
  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • promote any illegal activity.
  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • be likely to harass, upset, embarrass, alarm or annoy any other person.
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • give the impression that they emanate from us, if this is not the case.

c. Contacting Owners and Guests

For the avoidance of doubt, our acceptable use & content standard apply to correspondence submitted via or as a result of the use of our site, including communications between Sawday’s Owners and Guests.

d. Suspension and termination

We will determine, in our discretion, whether there has been a breach of our acceptable use & content standard through your use of our site.  When a breach has occurred, we may take such action as we deem appropriate.

Failure to comply with our acceptable use & content standards constitutes a material breach of the terms of use, and may result in our taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use our site.
  • immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • issue of a warning to you.
  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • further legal action against you.
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of our terms of use, including our acceptable use & content standards.  The responses described above are not limited, and we may take any other action we reasonably deem appropriate.

Third party resources and links in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

We may also provide information about third party products and services, as well as the opportunity to purchase such products and services. In the event that you choose to do so, you will be taken to the relevant third party's website in order to complete your purchase. The third party provider will have its own terms & conditions which you should read prior to using their site, or purchasing any products or services.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.

We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

Linking to our site

You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our site must not be framed on any other site.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out above.

User data removal

You have the right to request the deletion of your user account by contacting us at help@sawdays.co.uk.

Please note that the deletion of your account shall not affect your Content already published on our site or elsewhere, which may continue to be stored by us. Our right to store and use Content in accordance with these terms of use shall be unaffected.

Content removal process

We may, but shall have no obligation to, monitor the Content published on our site and remove, edit and/or block, Content or accounts posting Content that we determine in our sole discretion violates these terms of use.

If you become aware of any Content which you believe may violate these Terms, is defamatory, offensive, illegal, or invades your privacy, please contact us immediately at help@sawdays.co.uk with details.

We will review the Content in question and determine whether it should be removed. As 'innocent disseminators' of the Content on this site, our policy is to remove Content only when there is a clear legal obligation for us to do so.

We will notify you of our decision as soon as reasonably practicable. If you disagree with our judgement on the removal of Content and still wish it to be removed, we ask that you follow the requirements of the Pre-Action Protocol for Defamation. It is advisable to seek legal guidance on this if necessary.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

Please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked to from our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

We cannot be liable for any attempt made to scam or defraud any user of our site by any third party. You are responsible for satisfying yourself as to the identity and trustworthiness of any person who contacts you in connection with your use of our site and related services.

Applicable law

These terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction in relation to any claim or dispute.

Contact us

To contact us, please email hello@sawdays.co.uk

Thank you for visiting our site.

 

Privacy Policy

1. THIS PRIVACY POLICY

1.1 Alastair Sawday Publishing Company Limited ("We") are committed to protecting your personal information and other data, which is collected by us or provided to us via your use of our website - www.sawdays.co.uk (our site) - and that of our group company Sawday’s Canopy & Stars Ltd - www.canopyandstars.co.uk (together the sites) – as well as any other websites developed by us in the future.

1.2 This policy (together with our terms of use and, where applicable, any terms & conditions for goods/services) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. By visiting either of the sites, registering an account and/or purchasing goods or services, you are accepting and consenting to the practices described in this policy.

1.3 For the purpose of the Data Protection Act 1998 (the Act), the data controller is Alastair Sawday Publishing Co. Limited of Merchants House, Wapping Road, Bristol, BS1 4RW.

1.4 Our products and services are only available to those aged 18 and over. Therefore, we do not knowingly receive or attempt to solicit any information from children.

2. INFORMATION WE MAY RECEIVE AND HOW IT IS USED

We may collect and process the following data about you:

(a) Information you give us. You may give us information about you by:
(i) filling in forms on our site, for example to sign up to our newsletter;
(ii) registering a user account on our site;
(iii) making a booking, placing an order or subscribing to a service;
(iv) participating in discussion boards or other social media functions;
(v) entering a competition, promotion or survey;
(vi) providing feedback; or
(vii) corresponding with us by phone, e-mail or otherwise.
The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and holiday and other preferences.
(b) Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:
(i) technical information, including the internet protocol (IP) address used to connect your computer to the internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
(ii) information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
(c) Information we receive from other sources. We may receive information about you as a result of your use of our group company’s website, Canopy & Stars, as well as your use of any other websites we operate or the other services we provide. We are also working closely with third parties (including, for example, owners of the holiday properties, business partners, sub-contractors, advertising networks, analytics providers, search information providers) and may receive information about you from them.

3. USES MADE OF THE INFORMATION

We use information held about you in the following ways:

(a) to administer our site and for internal operations;
(b) to improve our site to ensure that the content is presented in the most effective manner for you;
(c) to facilitate communication between you and holiday property owners, deal with enquiries, and carry out our obligations arising from any contracts entered into between you and us;
(d) to provide you with the information, products and services that you request from us;
(e) to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you, whether provided by us or our group company, Sawday’s Canopy & Stars Ltd. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.

4. DISCLOSURE OF YOUR INFORMATION

4.1 As well as sharing your data with Sawday’s Canopy & Stars Ltd, we may share your personal information with any other member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
4.2 We may share your information with selected third parties including:
(a) business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you;
(b) advertisers and advertising networks that require the data to select and serve relevant adverts to you and others.
(c) analytics and search engine providers that assist us in the improvement and optimisation of our site.
4.3 We may disclose your personal information to third parties:
(a) in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
(b) if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use or terms and conditions of supply and other agreements; or to protect the rights, property, or safety of Alastair Sawday Publishing Company Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

5. WHERE WE STORE YOUR PERSONAL DATA

5.1 The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your booking, the processing of your payment details and the provision of services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
5.2 All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
5.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

6. YOUR RIGHTS

6.1 You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. If you do opt to have your data processed for marketing purposes, you can opt-out by contacting us at help@sawdays.co.uk.
6.2 Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
6.3 The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

7. CHANGES TO OUR PRIVACY POLICY

Any changes we may make to our privacy policy in the future will be posted on this page. Please check back frequently to see any updates or changes to our privacy policy.

8. CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to help@sawdays.co.uk.

9. COOKIES

9.1 If you are happy for us to use cookies as described below, all you have to do is continue to use our site as normal. If you would like to block any cookies, please see below for details on how to do so.

9.2 We use the following cookies for various functions and features of our site:

(a) Asp_login
(b) eZSESSID
(c) Google tools – GA and Maps
(d) Twitter (and the twimg cookie)
(e) PHPSESSID
(f) PREF which comes from Google’s safe browsing API

9.3 We use these cookies for the proper functioning of our site, for example to establish your identity whilst browsing the site, which we need for our ordering systems to function correctly. The cookies used on this site don’t track anything else about you.

9.4 If you would like to block any of the cookies used by our site, or other websites, you can do this through your browser settings. Please visit http://www.aboutcookies.org/ for more information on how to block cookies and/or delete them from your computer. Please note that if you block or delete cookies, our site may not function properly for you. We are completely committed to protecting your privacy and we will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998).

9.5 Here are further details on the cookies we use when you visit our site. These are “session” cookies and are removed when you quit your browser.

Cookie Name Description
asp_login Refer to paragraph 9.3 of our policy.
eZSESSID This cookie is used to store information to improve your experience of using our site. This will store any search text that you’ve entered into our search feature or if you have completed an enquiry form it will remember what you’ve entered so you don’t have to do it again. It will also remember which search filters you have used so that you don’t have to keep selecting them. As with all session cookies, these will be deleted when you close your web browser.
PHPSESSID This is used by our availability calendar and booking system, where available. We need to store information about your booking (booking dates, number of guests and so on) throughout the booking process. Again, this cookie, and its data, will be deleted when you close your web browser.

9.6 We also use certain third party tools to enhance your online experience. Some of these will set cookies on our behalf so they can work and give you access to useful features. Please note that we have no control over these cookies. Here are further details about those cookies.

Cookie Name Description
Google Analytics

We use Google Analytics to track visitors to our site. Our main aim is to find out which parts of the site are working and which are not proving to be useful. We use this information to make changes to our site and to decide on which features to improve.

See details of the Google cookies here – https://developers.google.com/analytics/resources/concepts/gaconceptscookies

 

Google privacy policy – http://www.google.com/intl/en/privacypolicy.html

Twitter/Facebook We have buttons on our site that allow you to tweet about certain pages on our site. These buttons use a cookie that Twitter/Facebook will put onto your computer or mobile device. We only use these cookies so that our buttons will work. The link to Twitter’s privacy policy - http://twitter.com/privacy and to Facebook’s privacy policy https://en-gb.facebook.com/privacy/explanation
NID, SNID, PREF, khcookie These cookies are used by Google to store user preferences and information when viewing pages with Google maps on them.

Ecommerce Terms

This page (together with any documents referred to in it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.

We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

1. INFORMATION ABOUT US

We operate the website www.sawdays.co.uk. We are Alastair Sawday Publishing Co. Ltd, a company registered in England and Wales under company number 02812527 and with our registered office at Merchants House, Wapping Road, Bristol, BS1 4RW. Our VAT number is 196 3709 68.

2. OUR PRODUCTS

2.1 The images of the Products on our site are for illustrative purposes only. Your Products may vary slightly from those images.

2.2 The packaging of the Products may vary from that shown on images on our site.

3. HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance with our Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
4.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. We will confirm our acceptance to you by sending you an e-mail that confirms that your order has been accepted and is being processed (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.
4.3 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 10.5, we will inform you of this by e-mail and we will not process your order. If you have already paid, we will refund you the full amount including any delivery costs charged as soon as possible.

5. IF YOU ARE A CONSUMER

This clause 5 only applies if you are a consumer.

5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
5.2 You have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 5.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
5.3 Your legal right to cancel a Contract starts from the date on which we e-mail you the Order Confirmation, which is when the Contract between us is formed. Your deadline for cancelling the Contract is then 14 days after the day on which you receive the Products.
5.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at order@sawdays.co.uk. Please include details of your order to help us to identify it. We will then e-mail you to confirm we have received your cancellation.
5.5 If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Please return the Product(s) to Finance Dept, Alastair Sawday Publishing Co Ltd, Merchants House, Wapping Road, Bristol, BS1 4RW;
(b) unless the Product is faulty or not as described (in this case, see clause 5.6), you will be responsible for the cost of returning the Products to us.
5.6 If you cancel your Contract we will:
(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop;
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option; and
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us;
(ii) if you have not received the Product: 14 days after you inform us of your decision to cancel the Contract.
5.7 If you have returned the Products to us under this clause 5 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
5.8 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
5.9 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

6. IF YOU ARE A BUSINESS CUSTOMER

This clause 6 only applies if you are a business.

6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this Contract.

7. OUR RIGHT TO VARY THESE TERMS

7.1 We amend these Terms from time to time. Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
7.2 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements. If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes.

8. DELIVERY

8.1 We endeavour to deliver Products within 30 days of the Order Confirmation but this is an estimate only and time shall not be of the essence of the Contract.
8.2 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
8.3 You own the Products once we have received payment in full, including all applicable delivery charges.

9. INTERNATIONAL DELIVERY

9.1 We deliver worldwide (International Delivery Destinations)
9.2 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
9.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
9.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

10. PRICE OF PRODUCTS AND DELIVERY CHARGES

10.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 10.5 for what happens if we discover an error in the price of Product(s) you ordered.
10.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
10.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
10.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our [Delivery Costs – sawdays.co.uk/help/delivery
10.5 It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that we do not have to provide the Products to you at an incorrect (lower) price.

11. HOW TO PAY

11.1 You can pay for Products using an acceptable debit card or credit card.
11.2 Payment for the Products and all applicable delivery charges is due in advance.

12. OUR LIABILITY IF YOU ARE A BUSINESS

This clause 12 only applies if you are a business customer.

12.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
12.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
12.3 Subject to clause 12.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.

12.4 Subject to clause 12.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
12.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.

13. OUR LIABILITY IF YOU ARE A CONSUMER

This clause 13 only applies if you are a consumer.

13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable.
13.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979; and
(e) defective products under the Consumer Protection Act 1987.

14. EVENTS OUTSIDE OUR CONTROL

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control.
14.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract we will notify you as soon as reasonably possible and our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the event. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14.3 You may cancel a Contract affected by an Event Outside Our Control by contacting us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

15. GENERAL

15.1 When we refer, in these Terms, to "in writing", this will include e-mail.
15.2 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail and shall be deemed to have been received: if delivered personally, when left at the relevant address; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day y after posting or if sent by e-mail, one business day after transmission.
15.3 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
15.4 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15.5 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
15.6 Each clause of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.
15.7 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.8 The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
15.9 We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).