Terms of Use

Welcome to www.guardianoffers.co.uk (the "Reader Offers Site") provided by Guardian News & Media Limited. These terms of use ("Terms") govern your use of the Reader Offers Site and your relationship with the suppliers of the products and services that you may buy through the Reader Offers Site.

1. Your use of the Reader Offers site

1.1 The Reader Offers Site provides the functionality for you to view Products which have been listed for sale by a Seller and for you to purchase such Products online.

1.2 Although we will provide you with every practicable assistance required to access the Reader Offers Site, or any permitted part of it, we accept no responsibility if you are unable to do so (whether due to equipment failure, unavailability of communication facilities, mis-configuration, or any other reason whatsoever). Neither do we guarantee that access to the Reader Offers Site or any part of it will be uninterrupted, timely, without delay, secure or error free or operate as contemplated in these Terms.

1.3 We reserve the right at any time to suspend or discontinue the Reader Offers Site including, without limitation, for maintenance purposes, without incurring any liability or obligation to you.

1.4 We reserve the right to terminate or suspend your access to the Reader Offers Site if we determine that you are in breach of any provisions of these Terms.

1.5 These Terms were last updated in January 2009. We reserve the right to amend these Terms and/or the basis upon which you may access the Reader Offers Site at any time. If we do amend these Terms and/or the basis upon which access to the Reader Offers Site is to be provided, we shall display a notice on the Reader Offers Site informing you of that fact. If you continue to use the Reader Offers Site following any such amendment, you shall be deemed to have accepted the amendment.

1.6 You do not need to register an account to access the Reader Offers Site.

1.7 To purchase Products from the Reader Offers Site you must be over eighteen years of age.
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2. Your Contract With the Seller

2.1 When you purchase a Product on the Reader Offers Site, you will not be entering into a contract with us. Your contract is with the relevant Seller of the Product and may be subject to additional terms and conditions. If this is the case, these additional terms will be clearly set out on the Reader Offers Site. It is your responsibility to read such additional terms. It will be clear on the Reader Offers Site which Seller you are contracting with for each Product you buy. For more information on the Sellers, please see Our Suppliers.

2.2 By placing an order on the Reader Offers Site for a Product ("Order"), you are offering to buy the Product from the Seller. The Seller is free to accept that Order or to reject it. Nothing that we do or the Seller does will amount to any acceptance of that offer until the Seller dispatches the Product to you and there will be no contract between you and the Seller unless and until the Seller actually dispatches the Product to you. The Seller reserves the right to decline to supply the Product to you at any point up to and including the point the Product is dispatched to you. At the time that the Product is dispatched, a contract will be formed between you and the Seller on these Terms. You will be charged by the Seller for the Product when the Product is dispatched or very soon thereafter except for live plants where you will be charged when you place your order.

2.3 As your contract for the Product is between you and the Seller, any queries or concerns relating to any Product should be addressed to the Seller. The Sellers' contact details are available to view on the relevant Product page or by clicking here.

2.4 It is your responsibility to ensure that you have checked the details of your Order carefully before confirming such Order. You will be given an opportunity to make any amendments to your order before confirming but we cannot be responsible for any input errors made or charges incurred after this point.

2.5 Once you have placed your Order, the Seller will send you a confirmation email to the email address provided by you acknowledging your Order. The Seller will also send you an email to confirm that your Order has been accepted and that the Product has been dispatched.
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3. Prices

3.1 The prices payable for the Products that you order are clearly set out on the Reader Offers Site. If, by mistake, the Seller has under-priced a Product, the Seller will not be obliged to supply that Product to you at such reduced price, provided that the Seller notifies you before the Seller dispatches the Product concerned.

3.2 All prices are expressed inclusive of any VAT payable unless otherwise stated. The price of the Products includes the delivery charge to mainland England, Wales and Scotland. Please check with the Supplier for delivery charges for delivery outside mainland England, Wales and Scotland. Please see Our Suppliers for the Sellers' contact details.
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4. Payment

4.1 Your payment will be made directly to the Seller at the point your Order is dispatched or very soon thereafter. All payments are in pounds sterling.

4.2 You can pay by credit or debit card. Each Seller will indicate the payment methods that are available for use. By using your credit or debit card, you confirm to the Seller that the credit or debit card is yours. All credit or debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, the Seller will not accept your Order and is not obliged to inform you of the reason for the refusal. Neither we nor the Seller are responsible for your card issuer or bank charging you as a result of the processing of your credit or debit card payment in accordance with your Order. Your credit/debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. You must authorise payment for the Product you are purchasing at the time of placing your Order.
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5. Delivery

5.1 All of our Sellers will deliver to anywhere within the Great Britain mainland. Some may deliver to other areas including non UK addresses. Please see clause 3.2 for more information on delivery charges. You may contact the relevant Seller for further delivery information.

5.2 Our Sellers will endeavour to deliver your Product within 10 working days of you placing your Order (with the exclusion of plants, shrubs and bulbs in respect of which you should allow 28 days for delivery). However, neither we nor the Seller guarantee that your Product will be delivered within 10 working days (or within 28 days in respect of plants, shrubs and bulbs).

5.3 If you are concerned about a delivery time please contact the Seller in the first instance (please click Our Suppliers for the Sellers' contact details).

5.4 If for any reason the Seller is unable to supply a particular Product, the Seller will notify you as soon as possible.
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6. Cancellations and Returns

6.1 Unless the Product is perishable or personalised for you, you have the right to return the Product and obtain a full refund up to 7 working days after the day following the delivery of the Product by contacting the Seller. The Seller's contact details are available by clicking here and will also be set out in the confirmation email sent to you by the Seller confirming your purchase.

6.2 Once you have contacted the Seller, please return the Product to the Seller as soon as possible. You will be responsible for any charges incurred in returning the Product.

6.3 You may also cancel your Order prior to delivery of your Product. If the Product has already been dispatched at the date the Seller receives notice of your cancellation of the Order, the Seller will not be able to prevent the Product from being delivered and you will be responsible for returning the Product to the relevant Seller. You will be responsible for any charges incurred in returning the Product.

6.4 Following receipt of your notice of cancellation, the Seller will credit your credit or debit card with the price of the Product to you within 30 days beginning with the day on which notice of cancellation was given to us.

6.5 You must ensure that all audio or video recordings or computer software is sealed in its original wrapping.

6.6 We recommend that you use a recorded delivery service when returning a Product, obtain proof of postage from the Post Office or obtain insurance to cover the value of the unwanted Products. However, if you are returning a Product because of an error on the part of the Seller or because it is faulty, please contact the Seller in advance and the Seller will refund your costs in returning the Product.

6.7 Many factors can affect the success of plants or bulbs purchased from you by the Reader Offers site – please contact the Seller if you have a query about your right to return a plant or bulb that you have ordered.
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7. Your Obligations to Us and the Sellers

7.1 You agree not to interfere with, disrupt or jeopardise the Reader Offers Site by introducing any viruses, trojan horses, worms or similar devices into the Reader Offers Site or intercepting, expropriating or reutilising any system, data or personal information comprised in or pursuant to any use of the Reader Offers Site or in any other manner.

7.2 You agree not to attempt to penetrate or to attempt to penetrate the Reader Offers Site security measures.
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8. Intellectual Property Rights

8.1 For the purposes of this paragraph 8, "Intellectual Property Rights" means all copyright and other intellectual property rights, howsoever arising and in whatever media, whether or not registered, including (without limitation) patents, trademarks, service marks, trade names, logos, registered design and any applications for the protection or registration of these rights and all renewals and extensions thereof throughout the world.

8.2 You acknowledge and agree that all Intellectual Property Rights in and relating to the Reader Offers Site are owned, and shall continue to be owned, by us, our licensors and/or the Sellers.

8.3 By using the Reader Offers Site you are not being granted any rights in relation to our, our licensors', or the Sellers' Intellectual Property Rights and may not use any of such Intellectual Property Rights without our prior written authorisation.
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9. Limitation of Liability

9.1 To the extent permitted by law, the Reader Offers Site is provided by us without any warranties or guarantees. In particular, we do not guarantee that the Reader Offers Site or any of its contents are virus free and accept no responsibility for any virus – related damage to your computer or any other device used for accessing the Reader Offers Site.

9.2 The Reader Offers Site contains content provided by third parties including, without limitation, the Sellers and while we try to ensure that material included on the Reader Offers Site is accurate, up-to-date and the Products offered are of good quality and fit for purpose, we cannot accept responsibility if this is not the case and, as stated above, we do not accept any responsibility in respect of any Product.

9.3 You agree that neither we nor any Seller will be responsible to you for any of the following losses that arise out of or are related to the Reader Offers Site or any other matter under these Terms:

9.3.1 any losses arising from or in connection with loss of revenue, profits, anticipated savings, contracts or business, wasted expenditure, privacy or data; or

9.3.2 any loss of goodwill or reputation;

9.3.3 any losses which are a side effect of the main loss or damage;

9.3.4 any losses which are not reasonably foreseeable by you and us at the time of entering into these Terms. Losses are foreseeable where they could have been contemplated by you and us at the time of entering into these Terms.

9.4 If we and/or the Seller are found to be liable to you, our liability (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) £500, or (b) an amount equal to the sums paid or payable by you in respect of the Order to which the liability relates.

9.5 Nothing in these Terms shall exclude liability for personal injury or death caused by our negligence and that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents.

9.6 The Reader Offers Site may contain hypertext links to third party websites that are not operated by us or by our associated companies. We do not control such websites and are not responsible for their content. Our inclusion of hypertext links to such websites does not imply any endorsement of the material contained on the websites or of the owners of such websites.

9.7 We are not liable in any way for failure, interruption, delay or any other matters of a similar nature whatsoever to the Reader Offers Site arising out of circumstances beyond our reasonable control including, but not limited to, fire, explosion, earthquake, flood, storm, riot, civil disturbance, strikes, lockouts and industrial disputes, war, nuclear accident, terrorist activity, failure of equipment or transmission (or other supply) difficulties (except where such failure of equipment or transmission (or other supply) difficulties are caused by our negligence or wilful default), the act or order of any government department, council or other constituted body and acts of God.

9.8 Whilst we use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not promise that the information on the Reader Offers Site itself will be free from errors or omissions.

9.9 If you have a dispute with a Seller, you agree to release us from all claims, losses and/or damages of any kind arising out of any such dispute.

9.10 You have certain statutory rights. Nothing in there Terms is intended to affect your statutory rights. For more information about your statutory rights contact your local Citizens Advice Bureau or Trading Standards Office.
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10. Data Protection

10.1 All information received by us from your use of the Reader Offers Site will be used in accordance with our Privacy Policy. We respect the value of the personal information provided by you and we will only otherwise transfer this information on to the Seller and/or the person responsible for hosting the Reader Offers Site, in order to process your Order.

10.2 You may not reproduce, copy, republish, download, post, broadcast, record, commercially exploit, edit or communicate to the public any part of the Reader Offers Site or the Material or transmit it to or store it in any other website or disseminate any part of the Material in any other form, unless you have received our prior consent in writing. Subject to the above, you may download and print insubstantial extracts from the Material and make copies of such Material for your own personal and non-commercial use only. For the purposes of this paragraph, "Material" means the content including, without limitation, text, video, graphics and sound material, published on the Reader Offers Site.
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11. Third Party Advertising on the Website

You may see advertising material submitted by third parties on the Reader Offers Site. Individual advertisers are solely responsible for the content of advertising material which they submit to us, including ensuring that it complies with relevant legislation. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy. If you want to advertise on the Reader Offers Site or on any of Guardian.co.uk please email the site supervisor at userhelp@guardian.co.uk
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12. Third Party Rights

No person other than you, us and the applicable Seller will have any rights to rely upon or enforce any of these Terms.
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13. Governing Law and Jurisdiction

These Terms are governed by English law and the courts of England and Wales and will have exclusive jurisdiction in relation to these Terms.
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14. Our Contact Details

14.1 The Reader Offers Site is owned and operated by Guardian News & Media Limited, a company registered in England and Wales with company number 00908396 whose registered office is at 1, Scott Place, Manchester, M3 3GG. Our email address is readeroffershelp@guardian.co.uk.

14.2 Details for the Sellers can be found either on the relevant Product page or by going to Our Suppliers page.
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