We are Hamelin Brands Limited, trading as Hamelin Brands Limited, and we are supplying goods to you. Hamelin Brands Limited is registered in England with company number 5680323 and our registered office is Kings Warren Business Park, Red Lodge, Suffolk IP28 8WG.In these standard sale conditions “You” refers to the customer, being the School, Organisation or Corporate Body placing an order with us.
Any order placed with us incorporates these standard sale conditions and<
That is the whole of our agreement for this supply and supersedes any previous agreement we may have had in relation to it. No variation to the agreement is valid unless it is in writing and either signed or specifically agreed to in writing by our authorised representative. Notwithstanding the above, no variation to these standard sale conditions is valid unless it is in writing and signed by one of our Executive Directors.
We are responsible for making the supply to you, but we may arrange to do so through agents or subcontractors.
You may cancel your order at any time before the supply is made. If you do, you are to pay us on demand a reasonable cancellation charge which takes into account all work we have done under the agreement, all costs we have incurred and any costs we are committed to pay, and our loss of profit.
If you ask us to vary your order and agree with us an appropriate variation to the price and to the timescale for delivery, we agree to make the supply in accordance with those variations. We may vary the price by an amount sufficient to cover any significant increase in the cost of materials or other costs we incur to fulfil your order.
If you have received your order of our standard exercise books with no personalisation and you have ordered the wrong products, then please contact us. We will endeavour to replace these books, however there will be an admin charge of £50 and if different specification is required the cost difference will be charged.
Unless otherwise stated you are to pay, in addition to the agreed price, applicable VAT and any other tax imposed on the supply.
We will invoice you once the goods have been dispatched for delivery. You are to pay the invoice within 30 days of the end of the month shown on the invoice. If you have a claim against us you must pay by the due date the amount not in dispute.
We warrant to you that the goods will be at the time of delivery free from any material defect due to faulty materials and workmanship and that any services will be provided with reasonable skill and care so long as:
All implied warranties or conditions are excluded to the extent permitted by law.
If you endorse on the delivery note that goods are unexamined and within 3 days of delivery notify us in writing of any defects we may, after inspecting the goods (and if we are satisfied that their condition has not deteriorated following delivery) at our discretion repair or replace the defective goods, or take them back and refund the price.
All orders that are of a total value of £50 after any discounts applied to your order will be delivered to you free of charge. Any orders of £49.99 and below, after any discounts applied to your order will be rejected. We are to use reasonable endeavours to have the goods ready when agreed, but this is only an estimate of the delivery date. You can only refuse to accept delivery after that date if:
We decide the appropriate method of packaging. Packages and wrappers are free and nonreturnable.
You are responsible for the quality of the artwork imagery you provide. Our obligation is to supply the goods in the form you approve. We are not responsible for any errors which you do not identify in writing at the time you give your approval.
The goods are at your risk when they are unloaded at the delivery address. The goods do not belong to you until we have received payment in cash or cleared funds of the price.
Either of us may terminate this agreement immediately on written notice if the other is in breach of an obligation and cannot put it right or does not put it right within 21 days of receiving notice to do so. On termination any existing claims which either of us has against the other remain in force.
We may terminate this agreement immediately on notice if we reasonably believe that you will not be able to pay the price or other payments when due and in that event, we have no further liabilities under the agreement.
We do not seek to exclude or restrict our liability for death or personal injury caused by our negligence; or for fraud or fraudulent misrepresentation.
Where we or our employees or agents negligently damage your property when delivering goods, our total liability to you in respect of an event or series of connected events is limited to £500,000.
In respect of any other claims our liability is limited, to the maximum extent permitted by law, to any direct loss or damage up to the amount of the price paid for the goods giving rise to the claim.
We have no liability (directly or indirectly) for loss of business, revenue, opportunity or profits, anticipated savings or wasted expenditure, corruption or destruction of computer data or for any indirect or consequential loss whatsoever.
Neither of us is liable for any failure to fulfil our obligations to the other where such failure is due to circumstances beyond our reasonable control.
You agree to pay us on demand an amount sufficient to cover all liability, claims (including, but not limited to, any claim from a third party that we have infringed any intellectual property rights in the work carried out), damages, loss and expenses which may arise either directly or indirectly resulting from our acting reasonably in accordance with your instructions.
No benefits are to be conferred on any third party by this agreement.
If part of this agreement is invalid or unenforceable that does not affect the remainder. Invalidity or unenforceability in one jurisdiction does not affect validity or enforceability in another.
Unless you object in writing, we may put your name and other details into a computerised directory. This will be only for our use and that of any other company within Group Hamelin worldwide.
All agreements and their subject matter are confidential and must not be disclosed to any person without our permission
Any reference in an agreement to communications, being written or in writing includes electronic forms of communication such as e-mail. If we communicate with you electronically, it will be effective from when it leaves our mailbox. Any electronic communication from you to us will be effective when it arrives in our mailbox.
Provisions relating to warranties, limitation of liability, intellectual property, confidentiality and obligations on termination survive termination or expiration of the agreement.
Nothing in this agreement shall affect the rights of Consumers.
English law applies to the agreement. We both accept the jurisdiction of the English Courts. We may also bring proceedings against you in other jurisdictions.
Our Site, www.exercisebooksdirect.co.uk, is owned and operated by Hamelin Brands Limited, a limited company registered in England under 05680323, whose registered address is Kings Warren Business Park, Red Lodge, Suffolk, IP28 8WG. Our VAT number is GB 864474983.
2.1 Access to Our Site is free of charge.
2.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
2.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3.1 All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
3.2 Subject to sub-Clauses 3.3 and 3.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
3.3 You may:
3.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
3.3.2 Download Our Site (or any part of it) for caching;
3.3.3 Print one copy of any pages from Our Site;
3.3.4 Download extracts from pages on Our Site; and
3.3.5 Save pages from Our Site for later and/or offline viewing.
3.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
3.5 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
3.6 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
4.1 You may link to Our Site provided that:
4.1.1 You do so in a fair and legal manner;
4.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists 4.1.8 You do not use any logos or trade marks displayed on Our Site without Our express written permission; and
4.1.3 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
4.2 You may not link to Our Site from any other site the main content of which contains material that:
4.2.1 is sexually explicit;
4.2.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
4.2.3 promotes violence;
4.2.4 promotes or assists in any form of unlawful activity;
4.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
4.2.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
4.2.7 is calculated or is otherwise likely to deceive another person;
4.2.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
4.2.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 4.2);
4.2.10 implies any form of affiliation with Us where none exists;
4.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
4.2.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
6.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only.
6.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
6.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
7.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
7.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
7.3 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
7.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
7.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
7.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
8.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
8.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
8.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
8.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
8.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
8.6 By breaching the provisions of sub-Clauses 8.3 to 8.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
9.1 You may only use Our Site in a manner that is lawful. Specifically:
9.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
9.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
9.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
9.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
9.2 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
9.2.1 suspend, whether temporarily or permanently, your right to access Our Site;
9.2.2 issue you with a written warning;
9.2.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
9.2.4 take further legal action against you as appropriate;
9.2.5 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
9.2.6 any other actions which We deem reasonably appropriate (and lawful).
9.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
Use of Our Site is also governed by Our Cookie and Privacy Policies (see below).
11.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
11.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
To contact Us, please email Us at firstname.lastname@example.org or using any of the methods provided on our contact page at https://www.exercisebooksdirect.co.uk/t/ContactUs
13.1 If We have your contact details, We may from time to time send you important notices by email or mail. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
13.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 5 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
13.3 We will send direct mail where we have a legitimate interest to do so. You may opt out of receiving personalised mail from us at any time.
13.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at email@example.com, 0800 2545052 or via post at Exercise Books Direct, Hamelin Brands Limited, Kings Warren Business Park, Red Lodge, Suffolk, IP28 8WG
14.1 Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act.
14.2 We may use your personal information to:
14.2.1 Reply to any communications you send to Us;
14.2.2 Send you important notices, as detailed in Clause 13;
14.3 We will not sell, trade or exchange your personal information with any third parties without your consent. We will share your information with other companies within our group and where necessary to provide our service to you.
15.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
15.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
15.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Hamelin Brands Ltd. understands that your privacy is important to you and that you care about how your information is used and shared online. We respect and value the privacy of everyone who visits Our Site and will only collect and use information in ways that are useful to you and in a manner consistent with your rights and Our obligations under the law.
In this Policy the following terms shall have the following meanings:
“Account” means an account required to access and/or use certain areas and features of Our Site;
“Cookie” means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 12, below;
“Our Site” means this website, exercisebooksdirect.co.uk
“UK and EU Cookie Law” means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended in 2004, 2011 and 2015; and
“We/Us/Our” means Hamelin Brands Ltd a limited company registered in England under company number 5680323 whose registered address is Kings Warren Business Park, Red Lodge, Suffolk, IP28 8WG.
Our Site, exercisebooksdirect.co.uk is operated by Hamelin Brands Ltd, a limited company registered in England under company number 5680323 whose registered address is Kings Warren Business Park, Red Lodge, Suffolk, IP28 8WG. Our VAT number is GB 864474983.
4.2 date of birth;
4.4 business/company name
4.5 job title;
4.7 contact information such as email addresses and telephone numbers;
4.8 demographic information such as post code, preferences and interests;
4.9 financial information such as credit / debit card numbers;
4.10 IP address (automatically collected);
4.11 web browser type and version (automatically collected);
4.12 operating system (automatically collected);
4.13 a list of URLs starting with a referring site, your activity on Our Site, and the site you exit to (automatically collected);
4.14 browsing behaviour while using our site
5.1 All personal data is stored securely in accordance with the principles of the Data Protection Act 1998. For more details on security see section 6, below.
5.2 We use your data to provide the best possible products and services to you. This includes:
5.2.1 Providing and managing your Account;
5.2.2 Providing and managing your access to Our Site;
5.2.3 Personalising and tailoring your experience on Our Site;
5.2.4 Supplying Our products and services to you;
5.2.5 Personalising and tailoring Our products and services for you;
5.2.6 Responding to communications from you;
5.2.7 Supplying you with email alerts, newsletters and updates that you have subscribed to (you may unsubscribe or opt-out at any time by clicking the relevant link in the email)
5.2.8 Market research;
5.2.9 Improving Our methods and timing of communication.
5.3 With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email AND/OR telephone AND/OR post with information, news and offers on Our products AND/OR services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended in 2004, 2011 and 2015.
6.1 We only keep your data for as long as We need to in order to use it as described above in section 5, and/or for as long as We have your permission to keep it.
6.2 Some or all of your data may be stored or transferred outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland and Liechtenstein). You are deemed to accept and agree to this by using Our Site and submitting information to Us. If We do store or transfer data outside the EEA, We will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the EEA and under the Data Protection Act 1998. Such steps may include, but not be limited to, the use of legally binding contractual terms between Us and any third parties We engage and the use of the EU-approved Model Contractual Arrangements.
6.3 Data security is of great importance to Us, and to protect your data We have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through Our Site.
6.4 Notwithstanding the security measures that We take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to Us data via the internet.
7.1 We may share your data with other companies in Our group. This includes Our holding company and its subsidiaries.
7.2 We may sometimes contract with third parties to supply products and]services to you on Our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.
7.3 We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales and other information. All such data will be anonymised and will not include any personally identifying information. We may from time to time share such data with third parties such as prospective investors, affiliates, partners and advertisers. Data will only be shared and used within the bounds of the law.
7.4 In certain circumstances We may be legally required to share certain data held by Us, which may include your personal information, for example, where We are involved in legal proceedings, where We are complying with the requirements of legislation, a court order, or a governmental authority. We do not require any further consent from you in order to share your data in such circumstances and will comply as required with any legally binding request that is made of Us.
8.2 In the event that any of your data is to be transferred in such a manner, you will be contacted in advance and informed of the changes. When contacted you will not, however, be given the choice to have your data deleted or withheld from the new owner or controller.
9.1 When you submit information via Our Site, you may be given options to restrict Our use of your data. In particular, We aim to give you strong controls on Our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails or by contacting us by phone or email.
9.2 You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.
10.1 You may access certain areas of Our Site without providing any data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.
You have the legal right to ask for a copy of any of your personal data held by Us (where such data is held) on payment of a small fee which will not exceed £20. Please contact Us for more details at firstname.lastname@example.org or using the contact details below in section 13.
12.2 By using Our Site you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us. We use third party Cookies on Our Site for marketing services and to help us understand how to tailor our site for your use. For more details, please refer to section 5, above, and to section 12.6 below. These Cookies are not integral to the functioning of Our Site.
12.3 All Cookies used by and on Our Site are used in accordance with current UK and EU Cookie Law.
12.4 Before Cookies are placed on your computer or device, subject to section 12.5, you will be shown a pop-up requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended.
12.5 Certain features of Our Site depend on Cookies to function. UK and EU Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown below in section 12.6. Your consent will not be sought to place these Cookies. You may still block these cookies by changing your internet browser’s settings as detailed below in section 12.7, but please be aware that Our Site may not work as intended if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.
12.6 The following first party Cookies may be placed on your computer or device:
|Name of Cookie
|Unique customer identifier. When no authentication cookie is available, this will uniquely identify guest sessions
|Session cookie to identify the currently running server session
|Server affinity cookie. Due to the load balanced web farm, this cookie will ensure subsequent requests are handled by the same server.
and the following third party Cookies may be placed on your computer or device:
|Name of Cookie
|This cookie is set by Google and is used to distinguish users.
|This cookie is installed by Google Analytics. The cookie is used to store information of how visitors use a website and helps in creating an analytics report of how the website is doing. The data collected including the number visitors, the source where they have come from, and the pages visited in an anonymous form.
|This cookie is set by hubspot. This cookie is used to recognize the user who have chatted using the messages tool. This cookie is stored if the user leaves before they are added as a contact. If the returning user visits again with this cookie on the browser, the chat history with the user will be loaded.
|This cookie is installed by Google Analytics. The cookie is used to calculate visitor, session, campaign data and keep track of site usage for the site's analytics report. The cookies store information anonymously and assign a randomly generated number to identify unique visitors.
12.7 You can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party Cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
12.8 You can choose to delete Cookies at any time however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.
12.9 It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.