Please read through these terms and conditions (the "Terms") carefully and print a copy for your records. By accessing The Economist Online Store (the "Store") at http://economist.myshopify.com/ (the "Site") or otherwise accessing any content found on this web site, you are entering into a legal agreement with us and are agreeing to be bound by the terms set out below.
These terms were last updated in December 2009. We may change them from time to time so you should check back before using the Site again in the future.
1. Information about us
The Site is owned and operated by The Economist Newspaper Limited ("The Economist", "us" or "we"). All purchases are made from The Economist.
The Economist Newspaper Limited Registered in England and Wales. Company No. 236383 Registered office: The Adelphi, 1-11 John Adam Street, London, WC2N 6HT Tel: 020 7576 8000 VAT Registration No: GB 340 436 876
2. Privacy and your information
We are committed to protecting the security of your details and any information you supply to us is submitted over an SSL encrypted connection.
3. Your use of the Site
The Store is only intended for people over the age of eighteen who are resident in the countries indicated in the drop down list on the homepage and we cannot accept orders from people outside those countries.
You must also comply with all applicable laws and regulations of the country for which the products are destined and we will not be liable for any breach by you of any such laws. At our request, you must defend, indemnify and hold us harmless from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of the Site or any goods or services provided through or by it.
4. The ordering process
After placing an order (your offer to buy the products listed in that order), you will receive an email from us to acknowledge that we have received your order. This email does not indicate that your order has been accepted and neither does us processing payment from your credit card. All orders are subject to acceptance by us, and we will indicate our acceptance by sending you an email confirming that the product has been despatched. The contract is formed only at that point. We reserve the right to cancel any order at any time by e-mailing you and refunding you in full. if your credit card is debited before we accept your order and we ultimately refuse your order, will of course refund you any amount debited.
The Site is currently enabled only to accept orders in English.
5. Payment and pricing
Prices are subject to change. Prices and delivery costs are indicated in the Store. It is however possible, despite our efforts, that a product could be incorrectly priced. Prices include VAT and sales taxes except where specifically stated. You will be responsible for paying any sales taxes or customs duties that apply to products you order from the Store.
All payments for products purchased from the Store (including any applicable taxes) must be made before fulfilment of the order. Payments are made by credit card on a secure server and we will inform you by post if your payment has not been successful. You will receive an email, to the email address you specify, confirming the payment made on your card. You are responsible for the payment of any charges associated with the use of the Site using your login details so it is important that you keep your details securely. You are also responsible for the payment of fees or charges that may be charged by your bank or credit card provider.
All promotional offers are limited to one redemption per customer unless expressly stated.
6. Dispatch and delivery
All orders are sent by post. We will notify you of your expected dispatch date at the time of your order. The timing of deliveries differs from country to country and also depends on the applicable postal service.
7. Returns and cancellations
Magazines, periodicals and downloaded content
Orders of magazines and periodicals (eg, The World In and Intelligent Life) and audio books or downloadable products that you have already downloaded cannot be cancelled. We cannot accept any returns of magazines, periodicals, downloaded audio books or other online products and we cannot give refunds for any of those products.
Other than the products above, if you are a consumer, you are entitled to cancel an order at any time within seven working days and to receive a full refund of the price you paid.
In addition to your statutory rights, we will also allow you to return an item within fifteen days, in its original condition, and we will issue a full refund for the cost of the item. We can only refund shipping costs if the return is a result of our error or defective goods.
To cancel, you must inform us in writing. You must also return the product(s) to us immediately, in the same condition in which you received them, at your cost and risk. You must also take reasonable care of the product(s) in your possession or we may be entitled to compensation from you for any loss or damage.
If there is any problem with the item you have received or you do not receive your orders please contact us and we will try to rectify the issue.
8. Customs duties and taxes
Duties may be payable in some countries and are your responsibility. We cannot give refunds for unclaimed items.
9. Registration, passwords and responsibilities
Some areas of the Site may only be available if you register. You are responsible for the confidentiality, use and access to the Economist Content and the Site using your user name and password. You must immediately tell us if you become aware of any loss or theft of any user name or password or any unauthorised use of a password, user name, or of the Economist Content or the Site. Please ensure that the registration information you give us is correct and complete and tell us of any changes. You can access and manage the information you give us in the Your Account section. We may monitor and record activity on the Site for the purpose of checking compliance with these Terms.
10. Our intellectual property
All intellectual property rights in the contents and design of the Site and any material we e-mailed to you or supply to you including any products you purchase from the Store (the "Economist Content") belong to The Economist and its licensors. You must not use or reproduce or allow anyone to use or reproduce any trade marks appearing on the Site (including without limitation "The Economist" name and logo) for any reason without our written permission. The software which operates the Site is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.
11. Your use of the Economist Content
You may access and make personal use of the Economist Content on a computer or mobile telephone, but must not reproduce, download, modify or in any way commercially exploit any of it. In particular, but without limitation, you must not do any of the following without our prior written permission:-
a. reproduce or store in or transmit to any other web site, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the Economist Content, b. modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Economist Content (including use as part of any library, archive or similar service) without our prior written permission, or c. remove the copyright or trade mark notices from any copies of the Economist Content made under these Terms. You must not make any use of the Economist Content not specifically permitted above without permission. Requests for permission for other uses may be sent to The Online Store Manager, The Economist Group, 1-11 John Adam Street, London, WC2N 6HT, United Kingdom, and may be subject to a fee.
12. Our liability
Nothing in this section 12 excludes or limits our liability for death or personal injury caused by our negligence nor for fraud or fraudulent misrepresentation, nor does it affect your statutory rights as a consumer or any ability to cancel as described in Returns and cancellations
While we have made reasonable efforts to verify the quality and accuracy of the Site, the Site is provided "as is" and we make no representations or warranties, whether express or implied, regarding the Site or any transactions conducted on it, including without limitation any implied warranties as to accuracy, freedom from viruses or bugs, non-infringement, compatibility, security nor in relation to completeness, full functionality or reliability. To the fullest extent permissible under the law we disclaim any and all warranties.
To the extent permissible by law: (i) our liability for any losses you suffer in connection with any purchase made on the Online Store is strictly limited to the purchase price of the product you purchased, irrespective of whether those losses arise in contract, tort or otherwise (including any negligent act or omission); and (ii) we are not responsible for consequential or indirect losses which happen as a side effect of the main loss or damage, including without limitation loss of income, revenue, profits, information or data.
13. Events outside our control
We will not be held responsible for any delay or failure to comply with our obligations under these terms or for any non-availability of the Economist Content that arises out of any event or circumstance beyond our reasonable control.
14. Duration and termination
We may, in our discretion, terminate or suspend your access to all or part of the Site (including any right to access and use the Economist Content) by giving you notice. The rights of termination are in addition to all other rights or remedies we have under these Terms or by law.
15. Changes to the Site
We reserves the right, in our discretion, to suspend, change, modify, add or remove portions of the Economist Content available on the Site at any time and to restrict the use and accessibility of the Site.
Changes to these Terms. We may revise and amend these Terms from time to time to reflect changes in our business, marketing conditions, technology, payment methods and to laws and regulations. When we do this, we will either notify you by email or publish the revised or amended terms on this webpage. You will be subject to the policies, terms and conditions in force at the time you place your order. Access to some Economist Content may be subject to additional terms and conditions.
Advertising and Other Companies' Content and Websites. The Site may contain advertising or other content of third parties. Advertisers and other content providers are responsible for this material. We are not responsible for any content or error, omission or inaccuracy in any such material, nor for ensuring it complies with any applicable law. The Site may also contain links to other web sites. We are not responsible for the availability of these web sites or their contents.
Assignment. This agreement is personal to you and you may not assign, sub-license or otherwise transfer your rights and obligations under these Terms. We may assign our rights under this Agreement to a third party.
Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices. Notices to The Economist must be given in writing by letter and sent to 1-11 John Adam Street, London, WC2N 6HT, for the attention of The Online Store Manager.
General. If any provisions of these Terms are determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will be to that extent severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by the law. You must file any claim arising in relation to these Terms in a court of competent jurisdiction in London, England, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void. These terms and any document referred to in them form the entire agreement between us and you regarding the subject matter of this contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17. Law and jurisdiction
The terms of this agreement shall be governed by English Law. The parties irrevocably agree, for the sole benefit of The Economist, that (subject to the paragraph below) the courts of England and Wales shall have exclusive jurisdiction over any claim or matter arising out of or in connection with this agreement or the legal relationships established by this agreement. Nothing in this paragraph shall limit the right of The Economist to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
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