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Terms & Conditions of Use  
Incorporating the Distance Selling Regulations and consumer protection legislation

These are the terms and conditions of Lobsta Ltd trading here as Lobstabooks of 111 Turney Rd Dulwich London SE21 7JB , Telephone +44 (0) 207 738 3241, Fax +44 (0)207 733 4089 Company registration number : 04417204 VAT number : 809 7590 91 Email enquiries@lobsta.co.uk


1 DEFINITIONS

In these conditions, the expressions set out here shall carry the declared meanings :

The Website – the website here through which Lobsta Ltd operates
User – A visitor to our website, whether an eventual client or not
Client – A purchaser of a product offered on this website
Vendor – Lobsta Ltd as above
Order – A request by a client for us to provide products or services
Sale – A completed transaction for which the client has paid the required price.
Contract – A concluded agreement by the vendor to sell an item or service to a client

2 TERMS

2.1 The terms set out here will apply to all contracts, and if there are any additional negotiations as to terms or additional documentation allegedly forming part of a contract, but inconsistent with it, then these contract conditions will prevail, in the event of a dispute. This shall not exclude or limit the liability of either party for fraudulent misrepresentation.

2.2 Clients placing an order on our website, which is accepted by us, form a legally binding contract, on the terms and conditions set out here.

2.3 If an individual places an order on our website, on behalf of a company for whom they are working, our contract will be with their company. Consequently, any individuals placing orders with our website must ensure they have the necessary authority and capacity to contract on behalf of their employers, and must make the relevant checks before placing an order. No cancellation will be permitted on the basis there was no authority to enter a contract.

2.4 All clients entering a contract, other than in a personal capacity, must identify on whose behalf they are purporting to act and the basis for their alleged contracting capacity. Failure to properly state the identity of the purchaser, will result in a contract being formed with the individual entering the contract, and not their alleged principal.

2.5 All clients must be over the age of 18, and not be disentitled by any legal or other proceedings from entering a personal contract, or on behalf of a declared principal. If the age of majority in the country of domicile of the client is a higher age, then that higher age is the minimum permitted age for the purpose of this reservation.

3 FEES AND CHARGES

3 All purchase fees and other charges, including postal and/or insurance charges shall be payable in advance. No goods will be dispatched unless the vendor is in receipt of cleared funds. If the client is tendering payment by personal or other cheque, the goods will be dispatched after notification from the vendor’s bank that the funds have cleared, or within 10 working days, whichever is the sooner. VAT at the prevailing rate will be payable on all purchases where applicable, and will be added to the sale price.

4 CONTRACT FORMATION

4.1 A contract is formed between the vendor and the client when the vendor accepts an order placed on our website. Until the offer is formally accepted, the vendor reserves the right to consider the client’s order as an ’invitation to treat’ , which will not form the basis of a binding contract until formally accepted by the vendor.
4.2 The vendor offers the goods and services on the website in good faith, and as available for purchase, but reserves the right to withdraw items from the sale procedures if they are otherwise sold before a binding contract of sale with a client has been formed.


5 CONDITIONS AND WARRANTIES

5.1 The vendor will use their best endeavours to ensure the information on the website or contained in the books they are publishing or selling is accurate and up to date. The vendor hereby confirms that they are acting in good faith and are not knowingly or wilfully providing misleading information on their site.
5.2 In any event, the vendors shall not be liable to any client or user of our website for any direct or indirect consequential loss of profit, goodwill or other advantage occasioned by reliance upon information displayed on our website or resulting from any act or omission on our part or on any other person authorised by us.
5.3 We do not seek to exclude our liability for death or personal injury caused by our negligence, or for fraudulent misrepresentations, which will remain actionable through the courts in the usual way.


6 CANCELLATION

6.1 The vendor acknowledges the right of the client, who is an individual consumer not a commercial customer, to cancel their contract formed online after service of a cancellation notice.

The time within which notice to cancel must be served, depends on when the supplier formally advised the consumer of the right to cancel:

  • Seven working days, not including weekends and bank holidays, starting from delivery of the goods, or start of a contract for services, if the supplier has already communicated the right before the contract began.
  • Seven working days from the date the supplier communicates the right to cancel, if it is done within three months from the date of delivery,
    or entry into a contract for services.
  • Three months and seven working days from delivery, or entry into a contract for services, if the supplier does not advise the consumer of the right to cancel within three months after delivery.

6.2 Upon service of the relevant notice, the client is entitled to a refund of the purchase price, and is released from the contract, but is under a duty to keep the items in good condition. The items are required under the terms of this contract, to be returned to the vendor at the client’s expense. The items should be returned to the vendor, safely packaged, at the address given at the top of this page.

6.3 The vendor acknowledges the client need provide no explanation or justification for the cancellation of their contract within this “cooling-off” period of 7 days commencing as defined above.

6.4 E-books - we consider our e books, with their updating provisions, to be quasi-service arrangements and software, so therefore outside the terms of the Distance Selling Regulations. These e books are not capable of being returned for a refund, and the cooling off provisions do not apply. Any faulty e books will of course be replaced without charge.

7 FORCE MAJEURE

7.1 In the event of events or actions beyond the vendor’s control, such as terrorism, government action, strikes, earthquake, war or other catastrophe, which necessarily prevent the proper performance of this contract, the vendor will use their best endeavours to minimise the client’s loss. No further other consequence or liability will be the responsibility of the vendor.

8 JURISDICTION AND CONTRACT RESOLUTION

8.1 The contract, its terms and conditions and all or any disputes arising under the said contract, will all be governed by English law. This remains the position irrespective of which other jurisdiction the client or user is operating under, or irrespective of which other country or countries is the legal or other domicile of the said client or user. The parties to the contract hereby confirm and agree irrevocably that the courts of England shall have sole jurisdiction to resolve any dispute on the terms and conditions of the contract or the relationship between the vendor and the client or user.

8.2 In accordance with legislation, the stated place for performance of the vendor’s contracts will be England, and their commercial and domestic place of domicile is England.

8.3 If any part of this contract is held invalid or otherwise unenforceable as a consequence of any relevant law or court decision, the parties to this contract agree hereby that such unenforceability or invalidity shall not effect the validity and enforceability of the remaining terms or conditions or provisions of the contract.

9 INTELLECTUAL PROPERTY AND OTHER RIGHTS

9.1 Unless otherwise reserved for their respective owners or their licensors, all content and images, artwork or other items displayed on our site remains the property of the vendor, including all copyright, intellectual property rights, and database or other rights. All rights are hereby reserved.

10 PRIVACY POLICY

10.1 If you have any questions or concerns about our stated policies, feel free to contact using the button at the top of the page. Your privacy is importance to us.

In furtherance of this policy, we have decided not to collect credit card information directly from you, but to use WorldPay and PayPal, both being highly reputable online payment agencies.

10.2 We do not sell, give away or in any other way disclose your personal information to any third parties or individuals at any time, except where required to do so by court order. If this business is sold, the purchaser will be bound, by contract, to this privacy policy. We do however, retain the right to collect information for statistical purposes relating to our site and its usage, but no individual will be personally identified at any time.

11 Severance

11.1 You accept that if any provision of this Agreement is found to be unenforceable or void in whole or in part, the Agreement shall continue to be valid as to the other provisions and the remainder of the affected provisions

12 Third Party Rights

12.1 No term of this agreement is enforceable under the Contract (Rights of Third Parties) Act 1999 by a person who is not a party to it.

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