Macloch Limited
Terms and Conditions (T&C)
Updated on 21st October 2020
1. Online Shop
The Online Shop is an internet service that allows you to browse and purchase a selection of our products, which may include digital products (digital products).
2. Use of the Online Shop
You must be eighteen years old or older to use the Online Shop. While we use all reasonable endeavours to make sure that the Online Shop is available 24 hours a day, 365 days of the year, we cannot guarantee that your access will be uninterrupted or error free. Access may be unavailable temporarily without notice in the event of a system failure, maintenance or any reason beyond our control.
Any links to third party sites appearing on the Online Shop are provided for your convenience only. The links and third party sites are not verified or recommended by us. Your access of such third party sites is at your own risk and may be subject to third party terms of use.
During the order process, you may choose a username and password. You are responsible for your account and all actions taken under that username and password. You must only purchase from the Online Shop under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If you think someone else might know it, you must change it immediately. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password. If there are any changes to the details supplied by you it is your responsibility to contact us as soon as possible
We have the right to end our agreement with you for your use of the Online Shop if you breach these Terms or if we suspect you have breached these terms or are engaged, or are about to be engaged or have been involved in fraudulent or illegal activity in connection with the Online Shop or on the site.
Ordering Process
When placing an order, you agree that any and all information you give us is accurate and complete.
All orders are subject to acceptance and product availability. All prices listed on the Online Shop are correct at the time of entering the information, however, we reserve the right to change prices of any product at any time without notice. The total price of your order, including any sales taxes, VAT, or any other relevant taxes or charges, will be displayed prior to your purchase confirmation.
No contract for the sale of any product will exist between you and us until we accept your order by emailing the confirmation invoice to the email address given in your order and will detail products ordered, payment method, cost (including post and packaging – P&P) and the shipping method.
You must check all the details on this confirmation invoice are correct and contact us as soon as possible if any details are incorrect.
If your order cannot be processed , you will receive an email from us telling you the reason(s) why and our proposed solution. If you are not happy with the proposed solution, you may decide to cancel your purchase and obtain a full refund.
Discount vouchers, codes and offers cannot be used on sale/ already discounted products unless otherwise stated.
3. Payment, charges, transaction fees and taxes
What forms of payment do we accept?
You may purchase products from the Online Shop with PayPal.
We are sorry that we cannot accept personal cheques, cashiers’ cheques, money orders or direct deposits.
International sales taxes, VAT and other relevant taxes or duties.
Depending on where you are in the world, your order from the Online Shop may be subject to a sales tax, VAT or other relevant taxes or duties that are generally calculated ‘up-front’ as part of your purchase and will be notified to you at the time of your purchase.
In addition, please be aware that delivery of products to some regions may incur a customs/sales tax that is payable on delivery of the physical items that you have ordered.
Please check your local tax laws before placing your order to check whether you might have to pay such a customs charge or tax. Being aware of your local tax laws is your responsibility, and we are unable to refund any amount charged at the point of delivery.
Creating an Account
When you complete a transaction in the Online Shop, we may ask if you’d like the Online Shop to remember your details by creating an account (Shop Account) . If you create a Shop Account, your transaction details (name and address) will be securely saved by our Online Shop platform provider so that future purchases are easier and quicker for you. Your PayPal details will also be stored.
4. Delivery and delivery charges
The terms set out in this clause 4 apply only in relation to the purchase of physical products through the Online Shop. For digital products, please see section 5 below.
Delivery methods and charges
Generally, we send your purchased products to you by postal service. Most purchased products will be sent by standard post. We will advise you of the additional cost to you of this at the time or purchase
We can deliver to many countries. We will advise you of the additional cost to you of this at the time of purchase. However we are sorry that we may not be able to deliver to you in your country at the moment.
Please ensure that you provide accurate billing address and other information that we request from you in order to process your payment and check them carefully before you click “pay” as we cannot amend mistakes afterwards. We may not be able to process your payment or deliver your products if the information you provide is incorrect.
Shipping Charges
Except as set out below, shipping charges will apply for delivery of physical products purchased from the Online Shop. These shipping charges will be notified to you at the time of your purchase. Shipping charges are based on weight and distance. By making a purchase, you agree that you accept the shipping charges that have been notified to you.
Express Delivery
In some regions, you will be able to elect through the Online Shop to have your purchased products sent to you by express delivery. An additional charge, which will be notified to you at the time of making the purchase, will be payable for express delivery. By making a purchase, you agree that you accept the shipping charges that have been notified to you. For EU/ UK consumers, please note that if you choose an available option of express delivery you will not be refunded the additional cost of the Express Delivery over the cost of Standard Delivery if you decide to return your goods within the cooling off period of 14 days,
FedEx
For products shipped via FedEx International Priority to Canada, Central & South America and the Caribbean, you agree to us engaging FedEx, or a local broker hired by FedEx to deliver your products. You acknowledge and agree that FedEx may charge you a brokerage fee in addition to any applicable duties or taxes, which may be calculated as either a percentage of the value of the shipment or a minimum fee. FedEx may either require this fee upfront when you sign for the goods, or it may invoice you by mail. We receive no part of these fees and cannot provide a refund for any such costs incurred.
It is your responsibility to ensure that the delivery details you provide are accurate and complete. Otherwise, we will not be able to deliver the products you have purchased.
FedEx services most areas, but before requesting delivery to very remote areas (particularly in South America, Latin America and the Caribbean), it is worth checking on the FedEx website that they deliver to your specific area. If you’ve already placed your order and they do not deliver to that area, the goods will go to the closest FedEx depot and you are likely to experience delays and potentially incur extra expenses like arranging for your own broker to deliver the guides, or picking up the guides yourself. We must stress that it is only in small towns or remote regions where this is likely to occur, and recommend that in such cases you try and source our guides from your local bookstore before you travel.
Delivery times
If your items are in stock, we will deliver them to you as soon as we can. In the case of pre-orders, we will deliver the products to you as soon as they are in stock.
Any estimated delivery times that we give you are intended as a guide only, and we are unable to guarantee delivery by or within a certain time.
Return to sender parcels
If your products are returned to us by the postal service because you haven’t taken delivery, we will contact you to let you know. If the product has been returned to us as a result of our error, we will re-send the product to you by standard post for no extra charge.
If you provide an incorrect delivery address and the order is returned to us, or you fail to take delivery, we will either:
- redeliver the product to the correct address, if provided, subject to payment of additional delivery costs, or
- refund the value of the product (excluding delivery costs) dependent on whether it remains in a resalable condition. You will be responsible for any additional charges incurred including re-delivery costs.
If the order is not returned to us, you will not be eligible for a refund or re-delivery. We accept no responsibility for deliveries made to incorrect or incomplete addresses provided by customers. In this case, you will need to place a new order with the correct details.
Please note, we will not be able to amend a delivery address once the order has been placed.
5. Delivery of Digital products
When you purchase a digital product through the Online Shop, there will be a download hyperlink on the order confirmation screen. It is your responsibility to ensure that you provide us with an accurate and valid email address.
You can download each digital product purchased by you once and for a maximum of 3 days from your purchase (whichever expires first). You can only use your digital product for personal, non-commercial purposes. You may not share any digital product purchased by you by forwarding or sending it to someone else.
When buying eBooks, it is important to be aware that content may change from edition to edition.
6. Returns and refunds
Returns and refunds are managed on a case-by-case basis, so depending on the circumstances they can take a variable amount of time to process. Where refunds are granted, payments will be initiated within a reasonable period of time. Please be aware that these payments can take up to 30 business days to process and appear on your bank statement. See below for more information regarding the terms and conditions around returns and refunds.
Defective or Damaged Products
If your purchase is in any way defective, damaged or not as described in the product’s description page of the Online Shop, please contact us soon as possible with your proof of purchase, and we will arrange for a replacement product or refund where necessary. For partial returns, refund amounts will be calculated against any discounts claimed at the time of ordering (e.g. 3 for 2, % off, free postage offers etc).
Changing Your Mind – if you live outside the United Kingdom or the European Union
If you change your mind, we can provide an exchange on physical products (but not digital products) should certain circumstances change as long as the products are in perfect, unused condition. Please contact us within 30 days of receiving your order, and we can arrange the delivery of your revised order upon our receipt of your original purchase. Re-delivery will incur additional postage or other delivery charges, which we will make you aware of at the time of re-order.
Changing Your Mind – if you live in the United Kingdom or the European Union
You have the right, under consumer laws, to a “cooling off” period of 14 days from the date you receive your products, during which time you can change your mind and receive a refund (subject to certain deductions – see below).
To change your mind, please let us know within the 14-day cooling off period by contacting us by. We will get in touch with you as soon as we can and give you the address to which you need to send your return. You need to make sure you send the products back within 14 days of telling us you want to change your mind. You will need to pay the costs of return postage.
Within 14 days of receiving your returned product, provided it is in a perfect, unused condition, we will refund you the amount you paid through PayPal, including the initial delivery cost at the least expensive rate. So, for example, if you have paid for express delivery, we cannot refund the additional cost of the express delivery over the cost of the standard rate. For partial returns, refund amounts will be calculated against any discounts claimed at the time of ordering (e.g. 3 for 2, % off, free postage offers, etc). We cannot refund any PayPal fees, brokerage fees or import duties, as these amounts go directly to third parties, not us.
If we do not receive your returned product, we cannot refund it, so please ensure you keep your proof of return postage.
7. Intellectual Property Rights
All intellectual property rights, including copyright, in the content of our web pages , books and eBooks and trademarks, logos and service marks displayed on the site are owned, controlled or licensed by members of the Carebox Group Limited group. In accessing our web pages, books and eBooks, you agree that you may only download and use the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of our web pages, books or eBooks for any other purpose whatsoever without our prior written permission. Except as set out above, these Terms and Conditions (T&C) do not grant, and nothing in these (T&C) should be construed as granting any licences or rights to use any of our intellectual property rights.
8. Disclaimer and limitation of liability
We use reasonable care and skill to ensure the accuracy of the information we provide through the Online Shop and in all products purchased through the Online Shop. However, we do not accept liability (except as set out below) for any errors/ omissions in our Shop and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice.
EXCEPT AS PROVIDED BY LAW, WE CANNOT GUARANTEE THAT THE ONLINE SHOP OR PRODUCTS PURCHASED THROUGH THE ONLINE SHOP WILL BE 100% ACCURATE OR UP TO DATE. THE INFORMATION IN THE ONLINE SHOP OR PRODUCTS PURCHASED THROUGH THE ONLINE SHOP IS GENERAL AND MAY NOT BE SUITABLE FOR YOUR PARTICULAR NEEDS. YOU SHOULD VERIFY CRITICAL INFORMATION (SUCH AS ADVICE ABOUT VISAS, HEALTH AND SAFETY) INDEPENDENTLY BEFORE YOU TRAVEL. YOU ACKNOWLEDGE THAT YOU USE THE ONLINE SHOP AND ALL PRODUCTS PURCHASED THROUGH THE ONLINE SHOP AT YOUR OWN RISK. EXCEPT AS PROVIDED BY LAW, THE ONLINE SHOP AND ALL PRODUCTS PURCHASED THROUGH THE ONLINE SHOP ARE PROVIDED ‘AS IS’ AND “AS AVAILABLE” AND WITHOUT ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL IMPLIED REPRESENTATIONS AND WARRANTIES (INCLUDING, FOR THE AVOIDANCE OF DOUBT, THOSE IN RELATION TO MARCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) WHICH, BUT FOR THE TERMS, MIGHT APPLY IN RELATION TO YOUR USE OF THE ONLINE SHOP OR OF PRODUCTS PURCHASED THROUGH THE ONLINE SHOP.
WE ARE NOT RESPONSIBLE FOR:
- LOSS THAT WAS NOT REASONABLY FORESEEABLE;
- LOSS THAT WAS NOT CAUSED BY OUR BREACH OF CONTRACT OR BY OUR NEGLIGENCE;
- INDIRECT OR SECONDARY LOSS THAT ARISES FROM ANY BREACH BY US;
- LOSSES THAT RELATE TO A BUSINESS, SUCH AS LOST DATA, LOST PROFITS OR BUSINESS INTERRUPTION, THAT YOU OR A THIRD PERSON IS ENGAGED IN;
- LOSSES CAUSED BY ANY INNACURACY IN THE INFORMATION YOU PROVIDE TO US, SUCH AS DELIVERY OR PAYMENT INFORMATION; OR
- ANY INCREASE IN LOSS THAT WAS CAUSED BY YOUR BREACH OF CONTRACT OR YOUR NEGLIGENCE.
YOU MUST TAKE ALL REASONABLE STEPS TO MINIMIZE THE EXTENT OF ANY LOSS YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE ONLINE SHOP OR ANY PRODUCTS PURCHASED THROUGH THE ONLINE SHOP.
WE SHALL HAVE NO LIABILITY TO YOU FOR ANY DELAY IN THE DELIVERY OF PRODUCTS ORDERED OR ANY OTHER MATTERS TO THE EXTENT THAT THE DELAY IS DUE TO ANY EVENT OUTSIDE OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, WAR, FLOOD, FIRE, LABOUR DISPUTES, STRIKES, LOCK-OUTS, RIOTS, CIVIL COMMOTION, MALICIOUS DAMAGE, EXPLOSION, GOVERNMENTAL ACTIONS AND ANY OTHER SIMILAR EVENTS.
OUR MAXIMUM LIABILITY TO YOU IN RELATION TO YOUR USE OF THE ONLINE SHOP IS THE AMOUNT PAID BY YOU FOR THE ITEM THAT IS THE SUBJECT OF THE CLAIM.
Nothing in these (T&A) shall seek to exclude or limit liability for death or personal injury resulting from our negligence or that of our servants, agents or employees or for any liability that cannot by applicable law be excluded or limited.
9. Privacy
When purchasing from the Online Shop, you will need to supply us with your ‘personal information’, such as your name, email and delivery address in order to purchase products, or you may choose to subscribe to receive our newsletter.
If you are purchasing products, we collect and use your personal information so that we can fulfil your order and deliver it to you. Without this information, we would not be able to process your order or contact you if something goes wrong.
If you’ve opted to subscribe to emails from us with product information, promotions, advertisements, third- party offers and surveys newsletter, we will collect and use your information to send you what you’ve asked for. However, you may unsubscribe at any time using the unsubscribe link at the end of all emails. Or you can contact us.
We will not sell your contact details to marketing companies for spamming, but we may disclose information about you to business partners who help us provide the Online Shop services, such as PayPal and other companies in the Macloch Limited family. If you would like to find out more, please refer to our Privacy Policy.
In using PayPal to make your purchase through the Online Shop, then you consent to the use of your information by PayPal in accordance with PayPal’s privacy policy.
10. General
Complains or disputes
If you have a complaint or dispute with us, we will always try to sort it out if you contact us.
If, after contacting us, you are not happy with the resolution, alternative dispute resolution is available, including at http://ec.europa.eu/consumers/odr/ if you are a citizen of the UK or EU.
Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Survival
Each provision of the T&C shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
Entire Agreement
These T&C govern our relationship with you. You confirm that, in agreeing to accept the T&C, you have not relied on any representation except where that representation has been made a term of these T&C and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these T&C. Nothing in this paragraph shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Terms.
Forms of Communication
You agree that we may contact you by e-mail in relation to your order and these T&C.
Governing Law and Jurisdiction
The law and jurisdiction that applies to these Terms and Conditions (T&C) are those of Scotland in the United Kingdom.