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;
"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),
"Goods" means goods including but not limited to magazines, books and associated items and general merchandise made available for sale by Us;
"Order" means a request by you to make a Purchase by submitting the order via the Website;
"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 5;
"Purchase" means the acceptance of an Order (via Confirmation Email) for the purchase of Services and/or Goods by Us, via the Website;
"Services" means services including, but not limited to e-books and Subscriptions, available for sale by Us either via the Website;
"Subscription" means a subscription to a publication advertised for sale by Us;
"We", "Us" or "Our" means Safari Publications Company Limited, (a company incorporated in Trinidad and Tobago) and having its registered office at 6 Gaston Street, Lange Park, Chaguanas;
"Website" means the websites located at www.safaripublications.com or any subsequent URL which may replace them.
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 and/or 5 (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.
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 review the description of Goods or Services being purchased and click on the item/s you wish to Purchase;
4.1.2 click “add to cart”. View cart and input the quantity of the Goods or Service selected that you wish to Purchase and update cart;
4.1.3 once you have finished shopping, click “proceed to 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 a Confirmatory Email that your order has been received, and we will deliver the Goods/Services in accordance with Clause 8.
5 PRICE AND PAYMENT
5.1 The price of the Goods and Services shall be that stipulated on the Website. The price is inclusive of VAT and, with regard to Subscriptions, delivery charges also ("Price").
5.2 Payment must be made prior to your Order being accepted and a Contract being formed.
5.3 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.
5.4 When making a Purchase via our Website, payment must be made in United States Dollars (USD)
7 OUR RIGHTS
7.1 We reserve the right to withdraw any Goods or Services from the Website at any time.
7.2 We shall not be liable to anyone for withdrawing any Goods or Services from the Website or for refusing to accept an Order.
7.3 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 and 5.
8.1 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.
8.2 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.
8.3 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.
9.1 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.
9.2 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.
9.3 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.
10 TITLE AND RISK
10.1 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).
10.2 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.
11 CANCELLATION AND RETURNS
11.1 You may cancel a Contract for Goods, without cause, and receive a full refund of the Price provided You notify Us in writing or email of said cancellation within 5 working days from the day of Purchase.
11.2 In the event that you serve a valid notice of cancellation in accordance with Clause 11.1 We shall provide you with a full refund of the Price plus handling/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 19. 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.
12 LIMITATION OF LIABILITY
12.1 We shall not be liable to you for any indirect or consequential losses whatsoever or howsoever arising.
12.2 Subject to Clause 12.3, our entire and aggregate liability to you shall in no circumstances exceed the Price of the Purchase giving rise to the claim.
12.3 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.
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.
14 ENTIRE AGREEMENT
14.1 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.
15 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.
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.
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.
18 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).
19 CUSTOMER SERVICE
In the event of a query or complaint about the Website or Us, please email firstname.lastname@example.org or contact Us at the addresses noted below.
1o6 eTecK Parks, Frederick Industrial Estate, Frederick Settlement, Trinidad and Tobago, West Indies.
Telephone: +1 (868) 663 5104
Fax: +1 (868) 663 5107