Use of the website
Terms and conditions

USE OF THE WEBSITE

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.thehobbywarehouse.co.uk (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

INFORMATION ABOUT US

www.thehobbywarehouse.co.uk is a site operated by Readers' Union Limited (we).  We are registered in England and Wales under company number 00843946 and have our registered office at Brunel House, Newton Abbot, TQ12 4PU.   Our VAT number is 365807037.

ACCESSING OUR SITE

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you are provided with a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any password, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to our site.  You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them. 

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others to material posted on our site.
 
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

OUR LIABILITY

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our privacy policy.  By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

TRANSACTIONS CONCLUDED THROUGH OUR SITE

Contracts for the supply of products formed through our site are governed by our terms and conditions for the supply of products.

UPLOADING MATERIAL TO OUR SITE

Whenever you make use of a feature that allows you to upload material to our site you must comply with the content standards set out below.  You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
 
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards.

CONTENT STANDARDS

These content standards apply to any and all material which you contribute to our site (contributions).

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

• be accurate (where they state facts);
• be genuinely held (where they state opinions); and
• comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

• contain any material which is defamatory of any person;
• contain any material which is obscene, offensive, hateful or inflammatory;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, database right or trade mark of any other person;
• be likely to harass, upset, embarrass, alarm or annoy any other person;
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• give the impression that they emanate from us, if this is not the case; or
• advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

PROHIBITED USES

You may use our site only for lawful purposes.  You may not use our site:

• in any way that breaches any applicable local, national or international law or regulation;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• for the purpose of harming or attempting to harm minors in any way;
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards; or
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam). 

You also agree:

• not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms of use;
• not to access without authority, interfere with, damage or disrupt;
• any part of our site;   
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

LINKING TO OUR SITE

You may link to any page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out above.

If you wish to make any use of material on our site other than that set out above, please email your request by using our online customer contact form.

LINKS FROM OUR SITE

Where our site contains links to other third party sites and resources, which are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them.
 
JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.  These terms of use are governed by English law.

TRADE MARKS

The Hobby Warehouse is a trade mark of Readers' Union Limited.

VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of these terms of use through your use of our site.  When a breach of these terms of use has occurred, we may take such action as we deem appropriate.
 
Failure to comply with these terms of use constitutes a material breach and may result in our taking all or any of the following actions:

• immediate, temporary or permanent withdrawal of your right to use our site;
• immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
• issue of a warning to you;
• legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• further legal action against you; and
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these terms of use.  The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

These conditions apply to all online and catalogue transactions for the supply of products by Readers' Union under the R U Books name.  Buyers should understand that by ordering any products, they agree to be bound by these conditions.

Please note that the Site and the Catalogues are independent of the book club services offered through Readers' Union’s site at www.readersunion.co.uk.   

1.    INTERPRETATION

1.1  The definitions and rules of interpretation in this condition apply in these conditions.
       Buyer: the person, firm or company who purchases the Products from Readers' Union.
       Catalogues: the mail order catalogues advertising the products. 
       Contract: any contract between Readers' Union and the Buyer for the sale and purchase of the Products.
       Products:  any products agreed in the Contract to be supplied to the Buyer by Readers' Union.
       Readers' Union:  Readers' Union Limited of Brunel House, Newton Abbot, TQ12 4PU whose VAT number is 365807037.  
       Site: www.thehobbywarehouse.co.uk.

1.2   A reference to a law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.

2.    APPLICATION OF CONDITIONS

2.1   These Conditions shall:
       (a)    apply to and be incorporated into the Contract; and
       (b)    prevail over any inconsistent terms or conditions supplied by the Buyer. 

2.2  The Buyer's online or Catalogue order constitutes an offer to buy Products on these conditions. No offer placed by the Buyer shall be accepted other than:
       (a)    by a written confirmation of order issued by Readers' Union; or
       (b)    (if earlier) by Readers' Union delivering the Products, when a Contract for the supply of the Products will be formed.

3.    CONSUMER RIGHTS

3.1    If the Buyer is contracting as a consumer, they may cancel the Contract at any time within seven working days, beginning on the day after receiving the Products. In this case, the Buyer will receive a full refund of the price paid for the Products in accordance with Readers' Union refunds policy.

3.2    To cancel a Contract, the Buyer must inform Readers' Union in writing. The Buyer must also return the Product(s) to Readers' Union immediately, in the same condition in which the Buyer received them, and at the Buyer’s own cost and risk. The Buyer has a legal obligation to take reasonable care of the Products while they are in the Buyer’s possession. If the Buyer fails to comply with this obligation, Readers' Union may have a right of action for compensation.

4.    REFUNDS POLICY

4.1  When the Buyers returns a Product to Readers' Union because:
       (a)    the Buyer has cancelled the Contract within the seven-day cooling-off period, Readers' Union will process the refund due to the Buyer as soon as possible and, in any case, within 30 days of the notice of cancellation. In this case, Readers' Union will refund the price of the Product in full, including the cost of sending the item to the Buyer. However, the Buyer will be responsible for the cost of returning the item to Readers' Union; or
       (b)    the Product is defective, Readers' Union will process the refund due to the Buyer in accordance with condition 10.4; or
       (c)    of any other reason (for instance, because the Buyer wants to return the Products outside the seven day cooling-off period and Readers' Union has agreed to accept such return.  For the avoidance of doubt, Readers' Union retains its absolute discretion to accept or reject the return of such Products. Readers' Union will examine the returned Product and will notify the Buyer of the appropriate refund via e-mail within a reasonable period of time. Readers' Union will usually process the refund due to the Buyer as soon as possible and, in any case, within 30 days.

4.2  Readers' Union will usually refund any money received from the Buyer using the same method originally used by the Buyer to pay for the Product.  All Products must be returned with the relevant delivery note. 

5.    DESCRIPTION

The quantity and description of the Products shall be as set out in Readers' Union's written confirmation of order.

6.    DELIVERY

6.1    Unless otherwise agreed in writing by Readers' Union, delivery of the Products shall take place at the delivery address given by the Buyer on the order form.

6.2  Any date specified by Readers' Union for delivery of the Products is intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.

6.3  If the Buyer fails to accept delivery of the Products, or Readers' Union is unable to deliver the Goods because of the Buyer’s error: 
       (a)    risk in the Products shall pass to the Buyer; and
       (b)    Readers' Union may store the Products, at the Buyer’s expense, until delivery takes place.

7.    NON-DELIVERY

7.1  The quantity of Products as recorded by Readers' Union on despatch shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence to the contrary.

7.2  Readers' Union shall not be liable for any non-delivery of Products unless the Buyer gives written notice to Readers' Union of the non-delivery within 14 days of the date when the Products would in the ordinary course of events have been received.

7.3  Any liability of Readers' Union for non-delivery of the Products shall be limited to replacing the Products within a reasonable time or refunding the price.

8.    RISK/TITLE

8.1  The Products are at the risk of the Buyer from the time of delivery.

8.2  Ownership of the Products shall not pass to the Buyer until Readers' Union has received in full (in cash or cleared funds) all sums due for the Products.

8.3  Readers' Union shall be entitled to recover payment for the Products even if ownership has not passed.

9.    PRICE

9.1    The price for the Products, as well as VAT and insurance, will be as set out in Readers' Union’s price list;

       (a)    on the Site next to the Product for online transaction; and
       (b)    in the Catalogue next to the Product for [telephone] and postal transactions. 

9.2    The costs for delivery of the Products will be set out on the Site. The Site is only intended for use by Buyers resident in United Kingdom of Great Britian.  Delivery outside England and Wales will be subject to Readers' Union’s absolute discretion and if it is necessary to charge additional delivery costs you will be informed of these before the Buyer receives the written confirmation of order. 

9.3    Payment of the price for the Products is due in pounds sterling when the Buyer places the order without any deductions. Time for payment shall be of the essence.

9.4    If the Buyer fails to pay Readers' Union any sum due, the Buyer shall be liable to pay interest on such sum from the due date at the annual rate of 3% above the base lending rate from time to time of Barclays Bank Plc, accruing on a daily basis until payment is made, whether before or after any judgment.

10.    QUALITY

10.1    Readers' Union confirms that (subject to the other provisions of these conditions) on delivery the Products shall be of satisfactory quality within the meaning of the Sale of Products Act 1979.

10.2 Readers' Union shall not be liable for a breach condition 10.1 unless:
       (a)    the Buyer gives written notice of the defect to Readers' Union, and, if the defect is as a result of damage in transit to the carrier, within 14 days of the time when the Buyer discovers or ought to have discovered the defect; and
       (b)    Readers' Union is given a reasonable opportunity after receiving the notice of examining such Products and the Buyer (if asked to do so by Readers' Union) returns such Products to Readers' Union at the Buyer’s cost for the examination to take place there.

10.3    Readers' Union shall not be liable for a breach of condition 10.1 if the Buyer makes any further use of such Products after giving such notice. 

10.4    Subject to condition 10.2 and condition 10.3, if any of the Products do not conform with condition 10.1 Readers' Union shall replace such Products or refund the price of such Products (using the same method used by the Buyer to pay for the Product) provided that, if Readers' Union so requests, the Buyer shall, at Readers' Union's expense, return the Products or the part of such Products which is defective to Readers' Union.  The refund, together with the charges incurred for returning and delivering the Products, will be provided to the Student as soon as possible and, in any case within 30 days of Readers' Union examining the Products and notifying the Buyer that they do not conform with condition 10.1. 

10.5    If Readers' Union complies with condition 10.4 it shall have no further liability for a breach of condition 10.1 in respect of such Products.

11.    LIMITATION OF LIABILITY

11.1  Subject to condition 6, condition 7 and condition 10, the following provisions set out the entire financial liability of Readers' Union (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
       (a)    any breach of these conditions;
       (b)    any use made by the Buyer of any of the Products; and
       (c)    any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.

11.2    All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Products Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.

11.3  Nothing in these conditions purports to exclude or limit the liability of Readers' Union otherwise than as permitted by law.   

11.4 Subject to condition 11.2 and condition 11.3:
       (a)    Readers' Union's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the price paid for the Products; and
       (b)    Readers' Union shall not be liable to the Buyer for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.

12.    ASSIGNMENT
The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of Readers' Union.

13.    FORCE MAJEURE
Readers' Union reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Products ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control. 

14.    NOTICE
Any notice may be served by either party upon the other by sending it by post in a prepaid envelope or by email addressed to such other party at the last address notified to the other party, and any such notice so sent shall be deemed in the absence of proof to the contrary to have been received 5 days after posting or in the case of email at the time of transmission, provided a confirmatory copy is sent by pre-paid first-class post or by personal delivery before the end of the next day.

15.    GOVERNING LAW AND JURISDICTION
The Contract, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.
 
YOUR CONCERNS
If you have any concerns about material appearing on our site or any other questions please use our online customer contact form to get in contact with us.

Thank you for visiting our site.