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TERMS AND CONDITIONS

This Site is Owned and Operated by D C Thomson & Company Limited

D C Thomson has prepared a set of legal documents which set out the Terms and Conditions by which our web sites may be accessed and used by members of the public.

Access to these documents may be gained by clicking on the hyperlinks shown above.

The contents of these documents may change from time to time.

If you have any questions regarding our Terms and Conditions please feel free to contact us at the following email address: webmaster@dcthomson.co.uk

If you prefer, you may also write to us at the following postal address:

DC Thomson & Co Ltd
Albert Square
Dundee
DD1 9QJ
United Kingdom

 
 
1 ACCEPTANCE OF TERMS
Your access to and use of this web site, hereinafter referred to as ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.

2 ADVICE
The contents of the Website do not constitute advice and should not be relied upon in making, or refraining from making, any decision.

3 CHANGES TO WEBSITE

D C Thomson reserves the right to:
3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that D C Thomson shall not be liable to you for any such change or removal; and

3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

4 LINKS TO THIRD PARTY WEBSITES

The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

5 COPYRIGHT

5.1 All copyright, trade marks, database rights, and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to D C Thomson or otherwise used by D C Thomson as permitted by law. You may not exploit, use, link to, frame or reproduce any copyright material, trade marks or other intellectual property rights without the prior written consent of DC Thomson or its licensors.

5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

6 DISCLAIMERS AND LIMITATION OF LIABILITY

6.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Though DC Thomson takes all reasonable steps to ensure that the Website is free from so-called computer viruses, this cannot be guaranteed and you check before downloading.

6.2 To the extent permitted by law, D C Thomson will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website. Subject to Clause 6.4 below, under no circumstances shall DC Thomson's liability for any claims hereunder exceed the prices paid by you for any goods and services supplied via the Website.

6.3 D C Thomson makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of D C Thomson for death or personal injury as a result of the negligence of D C Thomson or that of its employees or agents.

7 INDEMNITY

You agree to indemnify and hold D C Thomson and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against D C Thomson arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website. D C Thomson shall be entitled to terminate your access to the Website or any part of it in its sole discretion including, without limiting its rights in any way, for over use or abuse.

8 SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

9 USE OF YOUR INFORMATION

You agree to use of your information in accordance with the terms of our Privacy Statement.

10 TERMS AND CONDITIONS OF PURCHASE

The E-Commerce Terms and Conditions govern purchases made via the Website.

11 GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of Scotland and you hereby submit to the exclusive jurisdiction of the Scottish courts.

DC Thomson & Co Ltd
80 Kingsway East
Dundee
DD4 8SL
United Kingdom

PRIVACY STATEMENT

1. The web site referred to in the General Terms and Conditions is owned and operated by:

D C Thomson & Co Ltd
80 Kingsway East
Dundee
DD4 8SL
United Kingdom

D C Thomson is committed to protecting your privacy and maintaining the security of any personal information received from you. We strictly adhere to the requirements of the data protection legislation in the UK.

The purpose of this statement is to explain to you what personal information we collect and how we may use it.

2. When you order, we need to know your name, address, and email address. This allows us to process and fulfil your order. You have the option to withhold personal information that is not required for the order process.

3. We use your personal information to update you about new products/services. Where indicated, we will only contact you with your consent.

4. We may from time to time sell, rent or exchange your personal information with any third party for commercial reasons, including outwith the European Economic Area. This is in addition to any transfer of data that is an essential requirement for credit/debit card validation during purchase and for processing your payment. For this your credit card details will be passed to our internet payment gateway service provider, but will not be stored by DC Thomson.

5. We follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access in accordance with the UK data protection legislation.

6. We do not collect sensitive information about you except when you specifically knowingly provide it.

7. We use a technology called "cookies" as part of a normal business procedure to track patterns of behaviour of visitors to our site. A cookie is an element of data that our Website sends to your browser which is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings.

For more about cookies, specifically for AOL users, we suggest further reading regarding cookie-related browser issues can be found using this link on Google.

8. In order to process credit/debit card transactions, the internet payment gateway service provider may require to verify your personal details for authorisation outside the European Economic Area.

9. In order to maintain the accuracy of our database, you can check, update or remove your personal details by sending us an email and are entitled to receive a copy of the information we hold in exchange for payment of the required fee.

10. If you are an existing customer, then we may use your personal details to send to you details of goods and services similar to those purchased by you in the past. You are entitled to opt out from receiving such details by checking the appropriate box on the web form that collects your details. Otherwise, we are prevented by law from sending details of goods or services provided by us unless you consent to receiving such details by email or other means.

10.1. If you have any questions about privacy, or wish to update your details or have them removed from our mailing list at any time, please contact us at marketing@dcthomson.co.uk.

GENERAL COMPETITION RULES

Can anybody enter?

No. Employees of DC Thomson & Co., Ltd., their families and members of their household may not enter. If you're under 16 your entry will need your parent or guardian's approval.

Prizes are only available to residents of the UK unless otherwise stated.

What if I win?

If you win we'll send you an email. Reply to this with your name and address so we can send your prize (under 16's, ask your parent or guardian's permission first!).
If we don't have your correct email address, the prize may be forfeited and an alternative winner selected.
If you receive a winner's email, you must reply within 14 days of the date of sending. If a response is not received the prize may be forfeited and awarded to an alternative winner.
In the event of a dispute as to identity of entrant, the entrant will be deemed to be the account holder of the email address submitted at the time of entry. Only one prize will be awarded per entrant.
DC Thomson does not offer a cash alternative to a prize - prizes are only available to residents of the UK unless otherwise stated. All decisions of DC Thomson in relation to the competition are final.

What if it breaks?

If viruses, bugs, unauthorized human actions or any causes beyond the control of DC Thomson affect the competition, DC Thomson reserves the right to suspend or terminate all or part of the competition. Anyone found tampering with or abusing any aspect of the competition, as determined by DC Thomson, will be disqualified. By entering, you agree that DC Thomson shall have no liability for any damage, loss or injury resulting from your participation in this competition or from your use or misuse of any prize.

These rules :

You may request a copy of these rules and/or the identity of the winner(s) for any given competition by sending a self-addressed stamped envelope and request to: Promotions Department, DC Thomson & Co Ltd, Albert Square, Dundee, DD1 9QJ, UK.

E-COMMERCE TERMS AND CONDITIONS OF SALE OF D C Thomson & Company Limited

1 DEFINITIONS
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" means someone who buys Goods from the Seller and who does so otherwise than in the course of a business;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the goods and/or services that the Buyer agrees to buy from the Seller;

1.5 "Seller" means D C Thomson & Company Limited, a company incorporated under the Companies Acts and having its registered office at:

Albert Square
Dundee
DD1 9QJ
United Kingdom


1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document;
1.7 "Website" means this website (or any replacement website substituted therefor by the Seller);

2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all Contracts for the sale of Goods by the Seller to the Buyer through the Website and shall prevail over any other documentation or communication from the Buyer. For the avoidance of doubt, the Seller reserves the right to amend the Terms and Conditions at any time without notice, and the terms and conditions applicable to each such Contract between the Buyer and the Seller shall be those prevailing at the time of an order being placed by the Buyer.
2.3 Submission by the Buyer of an order for Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 No variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be permitted.

3 ORDERING
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason. It should be noted that a simple acknowledgement of order may also be issued which shall not be deemed to be acceptance of an order unless stated otherwise.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund.
3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process section within the website.
3.4 Certain security checks may also require to be carried out by the Seller, in which event any sale to a Buyer is subject to the Seller receiving satisfactory results (at its sole discretion) from such checks.

4 PRICE AND PAYMENT
4.1 The Price of the Goods shall be that stipulated on the Seller’s Website. The Price is inclusive of VAT. The Price includes delivery charges.
4.2 The total purchase price, including VAT and delivery charges, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods.
4.4 Payment of the Price plus VAT and delivery charges must be made in full before dispatch of the Goods. Payment is to be made by any of the credit or debit cards accepted by the Seller, details of which are noted on the Website. All orders are subject to authorisation of payment by the relevant card issuer prior to despatch of the Goods (or, as the case may be, delivery of any Goods which consist of services).

5 RIGHTS OF SELLER
5.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
5.2 The Seller reserves the right to withdraw any Goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to accept an order.

6 AGE OF CONSENT
6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
6.2 If the Seller discovers or is of the opinion (as to which the Seller shall have sole discretion) that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.

7 WARRANTY
7.1 The Seller cannot describe every detail of the Goods in the Website and each description is therefore abbreviated and is correct at the time of its input. The Seller reserves the right to alter the specification/description of Goods on the Website without notice.
7.2 Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded. Any recommendation or suggestion relating to any of the Goods and made by the Seller is given in good faith. but it is for the Buyer to satisfy himself as to the suitability of the Goods for the Buyer's purposes.
7.3 The Goods may consist of goods and/or services to be delivered online. In such circumstances, the Seller shall have no liability for any temporary unavailability of such Goods due to any failure of the Website, any telecommunications system and/or the world wide web in general, including any downtime of the Website due to planned or emergency maintenance.

8 DELIVERY
8.1 Goods supplied within the UK will normally be delivered within 30 days of receipt of order.
8.2 Goods supplied outside the UK will normally be delivered within 30 days of receipt of order.
8.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
8.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. Notwithstanding the foregoing, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
8.5 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
8.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.

9 CANCELLATION AND RETURNS
9.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 30 days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
9.2 Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
9.3 Goods to be returned must clearly show the order number obtained from the Seller on the package.
9.4 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
9.5 If you are a Consumer, in addition to the above rights, you have important statutory rights under the Consumer Protection (Distance Selling) Regulations 2000. These are set out in Paragraph 15 (YOUR STATUTORY RIGHTS) of these Terms and Conditions.

10 LIMITATION OF LIABILITY
10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever suffered by the Buyer.
10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.

11 WAIVER
No waiver or delay by the Seller (whether express or implied) in enforcing any of its rights under this Contract shall prejudice its rights to do so in the future.

12 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. The Seller shall endeavour to notify the Buyer as soon as possible should any such events or circumstances occur.

13 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

14 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to change these Terms and Conditions at any time.

15 YOUR STATUTORY RIGHTS
COOLING-OFF PERIOD
At D C Thomson & Co Limited we want the Buyer to be delighted every time they shop with us. Occasionally though, we know that Buyers may want to return items. That's why under the Seller's "no quibbles" guarantee if, for any reason a Buyer is unhappy with their purchase, and other than in the case where the Goods consist of services, the performance of which has already begun with the Buyer's agreement, they can return it to us in its original condition within 30 days of the date they received the item. In such circumstances the cost of returning the goods will be the responsibility of the Buyer.
By law, the Buyer also has certain statutory rights to withdraw from a purchase of Goods. This applies to all Goods except for digital items (e.g.: e-Books) where the item has been downloaded. We regret that we also cannot accept cancellations of contracts for the purchase of video, DVD, audio, video games and software products where the item has been unsealed, nor for the purchase of books and/or newspapers, periodicals or magazines.
Any Buyer who is not purchasing Goods in the course of a business shall have the right to cancel an order, in terms of The Consumer Protection (Distance Selling) Regulations 2000, within 7 working days of the day after the date of receipt of Goods (or, in the case that the Goods consist of services to be provided to the Buyer, within 7 working days of the day after the conclusion of the contract with the Buyer), provided written notice of cancellation is received by the Seller at the address specified to the Buyer during the ordering process, within that period.
In the event that the Goods consist of services to be provided to the Buyer, such services may be provided prior to the end of said 7 working day period. In such an event, the foregoing right of cancellation shall expire at the time of commencement of the provision of such services to the Buyer. In the case of Goods which consist of services to be delivered by online means, your accessing of such services shall be deemed to be agreement to the commencement of the provision of such services, and therefore at that point your right of cancellation will expire.
In the event that the Buyer serves a valid notice of cancellation, the Buyer shall have the right to a full refund within 30 days of notification of cancellation. The Seller shall, within 30 days of notification of cancellation, arrange for the Goods to be collected from the delivery address (or such other address as may be agreed between the parties). In such circumstances the cost of returning the goods will be the responsibility of the Buyer.
On cancellation the Goods shall remain at the risk of the Buyer until restored to the Seller and the Buyer is required to take reasonable care of the Goods until that time. The Seller reserves the right to claim for any loss in value to the Goods, due to damage, while at the Buyer's risk.
For more information on your right to withdraw from your purchase within the seven working day cooling off period, visit the Department of Trade and Industry's Web site at: http://www.dti.gov.uk/ccp/topics1/guide/homeshop.htm#cooling

OTHER STATUTORY RIGHTS
For more information about your other statutory rights, please visit the Department of Trade and Industry's Consumer Gateway Web site at: http://www.consumer.gov.uk/consumer_web/shopping.htm#4

CONTACT DETAILS
Main Address Returns Address
D C Thomson & Co Ltd
80 Kingsway East
Dundee
DD4 8SL
United Kingdom Subscriptions Department
D C Thomson & Co Ltd
80 Kingsway East
Dundee
DD4 8SL
United Kingdom
VAT NUMBER
D C Thomson & Co Ltd is registered in Scotland for VAT. The VAT number is GB415340486

16 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.

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