|Incorporating the Distance Selling
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 firstname.lastname@example.org
In these conditions, the expressions set out here shall carry the declared
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
Contract – A concluded agreement by the vendor to sell an item or service
to a client
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
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.
6.1 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
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
contracts will be England, and their commercial and domestic place of domicile
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.
10.1 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
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
so by court order. If this business is sold, the purchaser will be bound, by
information for statistical purposes relating to our site and its usage, but
no individual will be personally identified at any time.
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.