TERMS & CONDITION

Coattail Publications Terms & Conditions

Standard Terms and Conditions of Sale – consumers 

  1. Definitions

1.1 “Conditions” means the conditions of sale set out in this document and any special and/or additional conditions agreed in Writing by the parties.

1.2 “Contract” means any contract between us and you for the sale and purchase of Goods incorporating the Conditions.

1.3  “Goods” means any goods (including any instalment of goods or any parts for them) which we supply to you in accordance with the Conditions.

1.4  “we” and “us” means Coattail Publications a Partnership whose office is at 7 Grafton Place, Dukes Park Industrial Estate, Chelmsford, Essex CM2 6TG.”

1.5 “Website” means www.performance-book.com.

1.6 “Writing” and “Written” includes letter, facsimile transmission, email and other comparable means of communication.

1.7 “you” means the person, firm or company who purchases Goods from us.

 

  1. Basis of the Sale

2.1 We intend to rely on the Conditions and they shall apply to all Contracts to the exclusion of all other terms and conditions (including any terms and conditions which you purport to apply under any purchase order, confirmation of order, or other document). Please read these Conditions carefully before you submit your order to us.  These Conditions tell you who we are, how we will provide Goods to you, how you may end the contract, what to do if there is a problem and other important information. Neither party can amend the Conditions without the express agreement of the other in Writing.

2.2 We shall be entitled to correct any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of order, invoice or other document or information issued by us or information on the Website without any liability to you. 

2.3 Any descriptions or illustrations contained in our sales literature and the Website are issued for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract unless you confirm all the information that you intend to rely on when you place your order for the Goods and we accept your order.

 

  1. The Ordering Process and Prices

3.1 Each order or acceptance of a quotation for Goods by you shall be deemed an offer to buy Goods subject to the Conditions.

3.2 No order placed by you shall be deemed to be accepted by us until a Written acceptance of order is issued by us or (if earlier) we deliver the Goods to you. Orders will only be accepted if there are no material errors in the description of the Goods or their prices as advertised on the Website.

3.3 When you place your order, we shall acknowledge receipt of your order in Writing. However the order shall not be deemed as accepted by us until a Written acceptance of order is issued by us in accordance with Condition 3.2 above.

3.4 Any quotation is given on the basis that the Contract shall not come into existence until we dispatch an acceptance of order to you. Any quotation is valid for a period of 30 days only from its date, provided that we have not previously withdrawn it.

3.5 Unless otherwise agreed by us in Writing, the price for the Goods shall be the price set out on our Website on the date that you order. All promotional prices and special offers are strictly subject to availability.

3.6 The quantity and description of the Goods shall be as set out in our quotation or your order (if accepted by us).

 

  1. Payment

4.1 Payment must be made in advance, in full and in cleared funds before we dispatch the Goods to you. No payment shall be deemed to have been received until we have received cleared funds.

4.2 Where the Goods are being leased by you, we shall dispatch the Goods to you once we have received confirmation from the leasing company that an appropriate leasing contract has been entered into by you.

4.3 Through the website checkout you can pay by Visa, MasterCard, American Express, Debit card, PayPal, 

4.4 Receipts for payment shall be issued only on request.

4.5 If you fail to pay us any sum pursuant to the Contract, you shall be liable to pay interest to us on such sum from the due date for payment, at the rate of 2 per cent per annum above the base lending rate of Bank of Scotland plc from time to time accruing on a daily basis, until payment is made, whether before or after any judgement.

4.6 You shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by us.

 

  1. Delivery

5.1 Subject to Condition 6.2, we will deliver the Goods to you as soon as reasonably possible and in any event within 30 days from accepting your order.

5.2 We may deliver the Goods in advance of any quoted delivery date and notification of such early delivery may be made by telephone call/message or in Writing to you before the due date.

5.3 We may deliver the Goods in instalments if you provide your prior Written consent for us to do so.  In such cases, delivery shall not occur until the final Goods comprising a single order have been delivered to you.

5.4 We shall deliver the Goods to the address notified in Writing by you and the method of delivery shall be at our entire discretion.

5.5 A carrier`s first attempt to deliver shall be considered as the delivery date and if for any reason you fail to accept delivery of any of the Goods when they are ready for delivery, or we are unable to deliver the Goods on time because you have not provided adequate delivery instructions then, in addition to any other rights that we may have:

5.5.1 risk in the Goods shall pass to you (including for loss or damage caused by our negligence);

5.5.2 the Goods shall be deemed to have been delivered; and

5.5.3 we shall store the Goods until actual delivery and shall be entitled to charge you for the reasonable costs (including insurance) of storage.

5.6 Condition 5.5 shall not apply if your failure to take the delivery arose of circumstances that were outside your reasonable control.

5.7 The costs and indicative timings of all deliveries shall be as published from time to time on our Website and shall be confirmed to you when we accept your order.

 

  1. Non-delivery

6.1 The quantity of any consignment of Goods as recorded by us on dispatch from our place of business shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.

6.2 If we are unable to comply with Condition 5.1, we shall contact you within this 30 day period to attempt to agree a new delivery date. If a new delivery date cannot be agreed, the Contract shall be treated as if it had not been entered into by either party and we shall reimburse any monies paid by you within 14 days from the end of the 30 day period (including, without limitation, any delivery costs paid by you).

 

  1. Ownership and Risk

7.1 The risk in Goods shall pass to you upon delivery of the Goods at which time you shall become responsible for their safekeeping and you should therefore make sure that you are adequately insured against any damage or loss which may affect those Goods.

7.2 We are the owners of the Goods until we have received in full (in cash or cleared funds) all sums due to us in respect of the Goods.

7.3 If at any time any payments made for Goods by credit card are reversed by the credit card company for any reason (“a chargeback”), whether the credit card company acted on your instructions or not, the legal ownership of the Goods shall pass back to us.

7.4 Until ownership of the Goods has passed to you, or where ownership has passed back to us as a result of a charge back, you shall:

7.4.1 hold the Goods on a fiduciary basis as our bailee;

7.4.2 store the Goods (at no cost to us) separately from all other goods belonging to you or any third party in such a way that they remain readily identifiable as our property;

7.4.3 not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and

7.4.4 maintain the Goods in satisfactory condition and keep them insured on our behalf for their full price against all risks.

7.5 In addition to any other rights we may have, until ownership passes to you or if a charge back occurs, we shall be entitled,  by giving 7 days notice in Writing, to require you to return or deliver up the Goods to us, at the expiry of which, we shall take legal proceedings to recover the Goods or their value.

7.6 You shall not be entitled to pledge or in any way charge by way of security for any of your indebtedness any of the Goods which remain our property.

 

  1. Cancellations

8.1 You have 14 days from the day after you receive the Goods (and in the case of delivery by instalment, the day after you receive the final Goods) to cancel your order by giving notice to us.  Such notice may be by telephone, in writing or email at the telephone number and addresses set out in clause 11.4.  Alternatively, you can provide us with such notice by email us at

customerservices@coattail-publications.com..

8.2 The effective date of cancellation is the date on which the notice is sent.

8.3 You must send off the Goods to us within a reasonable period of time effective from the date of cancellation, a reasonable period of time is generally considered to be within 14 days. The cost of returning the Goods must be met by you.

8.4 If you fail to return the Goods to us in accordance with Condition 8.3, we shall be entitled to recover the Goods and deduct the expenses incurred from the refund due.

8.5 We shall refund any monies paid by you as soon as reasonably possible but in any event no later than 14 days from the date that we received the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us. The refund shall be made by the same method as payment.

8.6 Before returning the Goods to us, you must obtain a Goods return authorisation number from us, which is to be clearly displayed on each returned parcel.   

8.7 All cancelled Goods are to be returned with the original manufacturer’s packaging complete with accessories and documentation.

8.8 This Condition 8 shall not apply to:

8.8.1 goods made to your specifications; and

8.8.2 sealed computer software which has been opened by you.

8.9 Your statutory rights are not affected by any of the conditions in this Condition 8.

 

  1. Warranties and Liabilities

9.1 We warrant that the Goods shall at the time of delivery:

9.1.1 correspond to their description;

9.1.2 be of satisfactory quality within the meaning of the Sale of Goods Act 1979;

9.1.3 be reasonably fit for purpose; and

9.1.4 be reasonably fit for any particular purpose for which the Goods are being bought if you made known that purpose to us in writing and we confirmed to you in writing that it is reasonable for you to rely on our skill and judgement .

9.2 We shall not be liable for a breach of the warranties in Condition 9.1 for any defect arising from:

9.2.1 any drawing, design or specification supplied by you; and/or

9.2.2 fair wear and tear; and/or

9.2.3 wilful damage by you or a third party; and/or

9.2.4 abnormal working conditions; and/or

9.2.5 your failure to follow our instructions (whether oral or in writing); and/or

9.2.6 the alteration or repair of the Goods without our written approval.

9.3 We shall be under no liability under the warranties in Condition 9.1 above (or any other warranty, condition or guarantee) unless and until you have paid the total price for the Goods.

9.4 Where the Goods are covered by manufacturer`s warranties we shall endeavour to transfer to you the benefit of the manufacturer’s warranties and we shall inform you of the details of such warranties on delivery of the Goods.

9.5 Nothing in these Conditions shall affect your statutory rights or exclude or limit our liability:

9.5.1 for death or personal injury caused by our negligence; or

9.5.2 under section 2(3) of the Consumer Protection Act 1987; or

9.5.3 for fraud or fraudulent misrepresentation; or

9.5.4 for any matter which it would be illegal for us to exclude or attempt to exclude its liability.

9.6 We shall not be liable for the incompatibility of the Goods with other products or equipment owned or used by you.

9.7 If we fail to comply with the Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching the Contract, but we are not responsible for any loss or damage that is not foreseeable.  Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

  1. If there is a problem with the Goods

10.1 If you have any questions or complaints about the Goods, please contact us on the details set out in Condition 11.4.

10.2 We are under a legal duty to supply Goods that are in conformity with the Contract. See below for a summary of your key legal rights in relation to the Goods. Nothing in the Conditions will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Goods your legal rights entitle you to the following:

  1. Up to 30 days: if your Goods are faulty, then you can get an immediate refund. 

  2. b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases. 

  3. c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

See also Condition 8.

10.3 If you wish to exercise your legal rights to reject Goods you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services email us on the details set out in Condition 11.4 for a return label or to arrange collection.

 

  1. Customer Service Queries

11.1 We shall make every reasonable effort to resolve or acknowledge by telephone or in Writing any queries which you have made within 48 hours of receipt of any such query.

11.2 We shall make every reasonable effort to respond to complaints within 5 working days and keep you reasonably notified of any progress thereafter.

11.3 Telephone calls made to us may be recorded for training purposes.

11.4 You should address any comments or queries in Writing to Customer Services Department, Coattail Publications, Unit 7 Grafton Place, Dukes Park Industrial Estate, Chelmsford, Essex CM2 6TG or email customerservices@coattail-publications.com

 

  1. Trademarks and Accreditation

12.1 Both parties acknowledge the intellectual property rights of suppliers and manufacturers of the products appearing in our sales literature and on the Website.

12.2 Where Goods have been manufactured and supplied under an IS09000 approval this is indicated in the product text.

 

  1. Events outside our control

13.1 We shall not be liable to you if we have delayed or failed to perform any of our obligations under the Contract if the delay or failure was due to circumstances outside our reasonable control. Circumstances beyond our reasonable control shall include, without limitation:

13.1.1 act of God, explosion, flood, tempest, epidemic, fire or accident;

13.1.2 national emergency, war, threat of war, sabotage, insurrection, acts or terrorism, protests, riot, civil disturbance or requisition;

13.1.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;

13.1.4 import or export regulations or embargoes;

13.1.5 strikes, lock-outs or other industrial actions or trade disputes; and

13.1.6 difficulty in obtaining supplies of adequate or suitable materials, labour or machinery.

13.2 If we are unable to provide you with the Goods within 30 days of acceptance of your order due to an event outside our reasonable control pursuant to Condition 13.1 and an extension of time cannot be agreed between the parties, the Contract shall be treated as if it had not been entered into by either party and we shall reimburse any monies paid by you within 14 days from the end of the 30 day period.

 

  1. Data Protection and Privacy

14.1 Please read our Privacy Policy for details of how we may use any information that you have provided to us.

 

  1. Contracts (Rights of Third Parties) Act 1999

15.1 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

 

  1. No Waiver

16.1 Any waiver by us of any breach of, or any default under, any provision of the Contract by you shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.

16.2 Failure or delay by us in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of our rights under the Contract.

 

  1. Assignment

17.1 You must not transfer the Contract made with us under these Conditions, as it is personal to you, without consent in Writing from us. This consent will not be unreasonably withheld or delayed.

 

  1. Notice

18.1 Any notice required or permitted to be given under these Conditions shall be in Writing addressed to the other party at:

18.1.1 in the case of a firm or company, its registered office or principal place of business; or

18.1.2 in the case of an individual at the delivery address of the Goods, or such other address as may at the relevant time have been notified to the party giving the notice.

18.2 Notices shall be delivered by hand or sent by first class prepaid recorded delivery or by registered post (airmail if overseas) or by facsimile transmission or by e-mail and shall be deemed to have been received:

18.2.1 if delivered by hand on the day of delivery; or

18.2.2 if sent by pre-paid first class recorded delivery or registered post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting);

18.2.3 if sent by airmail, seven days after posting;

18.2.4 if sent by fax or e-mail on a working day prior to 4.00pm, at the time of transmission and otherwise on the next working day, provided that, in the case of fax, the sender shall have received printed confirmation of transmission.

 

  1. Enforce-ability

19.1 If any provision of the Contract is held by any competent authority to be invalid or unenforceable in whole or in part the Contract and the remainder of the provision in question shall continue in full force and effect.

 

  1. Dispute and Jurisdiction

20.1 This Contract shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the English Courts.

Standard Terms and Conditions of Sale – Business Buyers

Customers

  1. Coattail Publications (“Coattail Publications”) agrees to sell, to the person, firm or company (“the Buyer”) identified on the order form, the goods (“the Goods)” which the Buyer wishes to purchase from Coattail Publications on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document). Any contract (the “Contract”) between Coattail Publications and the Buyer for the sale and purchase of the Goods shall incorporate these conditions.

  2. No terms or conditions endorsed on, delivered with or contained in the Buyer’s purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.

  3. Any variations to these conditions shall have no effect unless expressly agreed in writing and signed by an authorised representative of Coattail Publications.

  4. Each order or acceptance of a quotation for Goods by the Buyer from Coattail Publications shall be deemed to be an offer by the Buyer to buy Goods subject to these conditions. No order placed by the Buyer shall be deemed to be accepted by Coattail Publications until a written acceptance of order is issued by Coattail Publications or (if earlier) Coattail Publications delivers the Goods to the Buyer. Orders will only be accepted if there are no material errors in the description of the Goods or their prices, as provided in the price list published by Coattail Publications, in this case the website prices and/or the current brochure prices. Coattail Publications shall be entitled to correct any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of order, invoice or other document or information issued by Coattail Publications or information on Coattail Publications’ website without any liability to the Buyer.

  5. The quantity and description of the Goods shall be set out in Coattail Publications’ quotation or the Buyer’s order (if accepted by Coattail Publications).

  6. The Buyer shall ensure that the terms of its order are complete and accurate.

  7. Any quotation is given on the basis that no Contract shall come into existence until Coattail Publications dispatches an acceptance of order to the Buyer. Any quotation is valid for a period of 30 days only from its date, provided that Coattail Publications has not previously withdrawn it.

  8. All drawings, dimensions, weights, measurements and descriptive matter contained in Coattail Publications’ catalogue or website are published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract.

  9. The Buyer acknowledges that it has not relied on any statement, promise or representation made by or given by or on behalf of Coattail Publications other than those detailed in Coattail Publications’ quotation or acceptance of order. Nothing in this condition shall exclude or limited Coattail Publications’ liability for fraudulent misrepresentation.

  10. Delivery shall take place and risk will pass when the Goods are collected by the Buyer or, if Coattail Publications is to deliver to the Buyer’s specified location, when the Goods are delivered to the Buyer. If Coattail Publications is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations, the Goods shall be deemed to have been delivered, the risk in the Goods shall pass to the Buyer (including for loss or damage to the Goods caused by Coattail Publications’ negligence) and Coattail Publications may store the Goods until delivery, whereupon the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).

  11. Any dates specified by Coattail Publications for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice.

  12. Subject to the other provisions of these conditions, Coattail Publications shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by Coattail Publications’ negligence) nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 30 days.

  13. The Buyer shall provide at the place where delivery of the Goods is to take place and at its expense adequate and appropriate equipment and manual labour for loading the Goods.

  14. Coattail Publications may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract. Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Buyer to repudiate or cancel any other Contract or instalment.

  15. The quantity of any consignment of Goods as recorded by Coattail Publications upon dispatch from Coattail Publications’ place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.

  16. Coattail Publications shall not be liable for any non-delivery or delay in delivery unless the Buyer gives written notice of the non-delivery or delay to Coattail Publications within three days of the date when the Goods would in the ordinary course of events have been received.

  17. Subject to condition 20, Coattail Publications shall only be liable for Goods that are defective on delivery unless the Buyer gives notice of the defective Goods within 24 hours of delivery. Notice should be given to the Coattail Publications Customer Service Team by emailing customerservices@coattail-publications.com.

  18. Any liability of Coattail Publications for non-delivery or for Goods that are defective on delivery shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.

  19. Coattail Publications will only accept returns of non-defective Goods by prior arrangement and if they are current stock. Such returns will be subject to a handling and restocking fee of up to 35% of the pro rata Contract price of the Goods dependent on the Good(s) supplied.

  20. Except where Goods which are made to the Buyer’s specifications are signed for as ‘Unchecked’ on delivery, by signing for any such Goods, the Buyer is accepting the Goods are in satisfactory condition. 

  21. Any Goods returned by the Buyer must:

  22. be received by Coattail Publications in as new condition with all software and product seals intact;

  23. be returned complete (including all packaging, accessories and documentation for the Goods). If any items are missing when received by Coattail Publications, the Goods shall be deemed incomplete and Coattail Publications shall not accept the returned Goods; and.

  24. be returned with unmarked and undamaged packaging.

  25. The carriage costs for the original dispatch of returned Goods and for returning the Goods must be met by the Buyer and the Buyer shall remain responsible for returned Goods during transit and until signed for by Coattail Publications.

  26. The Buyer shall email us at customerservices@coattail-publications.com when returning Goods to Coattail Publications.

  27. Ownership of the Goods shall not pass to the Buyer until Coattail Publications has received in full (in cash or cleared funds) all sums due to it in respect of the Goods and all other sums which are or which become due to Coattail Publications from the Buyer on any account.

  28. Until ownership of the Goods has passed to the Buyer, the Buyer shall:

  29. hold the Goods on a fiduciary basis as Coattail Publications’ bailee;

  30. store the Goods (at the Buyer’s expense) separately from all other Goods of the Buyer or any third party;

  31. not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;

  32. maintain the Goods in a satisfactory condition and keep them insured on Coattail Publications’s behalf for the full price against all risks to the reasonable satisfaction of Coattail Publications.

  33. The Buyer may resell the Goods before ownership has passed to it solely on the following conditions:

  34. any sale shall be effected in the ordinary course of the Buyer’s business at full market value; and

  35. any such sale shall be a sale of Coattail Publications’ property on the Buyer’s own behalf and the Buyer shall deal as principal when making such a sale and the Buyer shall hold such part of the proceeds of sale as represent the amount owed by the Buyer to Coattail Publications on behalf of Coattail Publications and the Buyer shall account to Coattail Publications accordingly.

  36. Coattail Publications shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from Coattail Publications.

  37. Until ownership passes to the Buyer, the Buyer’s right to possession of the Goods shall terminate immediately if:

  38. the Buyer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Buyer or notice of intention to appoint an administrator is given by the Buyer or its directors by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Buyer ceased to trade (“an Event of Insolvency”); or

  39. the Buyer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under the Contract or any other contract between Coattail Publications and the Buyer; or

  40. the Buyer encumbers or in any way charges any of the Goods.

  41. Until such time as the ownership of the Goods passed to the Buyer, the Buyer grants Coattail Publications, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or where the Buyer’s right to possession has terminated, to recover them. Coattail Publications’ rights contained in this condition shall remain in effect on termination of the Contract, howsoever caused.

  42. Unless otherwise agreed by Coattail Publications in writing, the price for the Goods shall be the price set out in Coattail Publications’ price list published on the date of the order and shall be exclusive of VAT and delivery charges where applicable which the Buyer shall pay in addition when it is due to pay for the Goods. Prices shown on our ‘price list’ (website) are shown including and excluding VAT, for the purpose of this clause the price referred to is the excluding VAT price.

  43. Where credit arrangements have been agreed in writing by Coattail Publications payment of the price for the Goods is due in pounds sterling within 30 days of the date on which the Goods were ordered. If credit arrangements have not been agreed, Coattail Publications shall not be bound to deliver the Goods until cleared payment has been received. Time for payment shall be of the essence.

  44. No payment shall be deemed to have been received until Coattail Publications has received clear funds. All payments payable to Coattail Publications under the Contract shall become due immediately on its termination despite any other provision.

  45. The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by Coattail Publications to the Buyer.

  46. If the Buyer fails to pay Coattail Publications any sum pursuant to the Contract, Coattail Publications may, notwithstanding previous credit arrangements, and without limiting any other right or remedy available to Coattail Publications:

  47. cancel the Contract and suspend any further deliveries to the Buyer;

  48. require the payment of all unpaid invoices whether or not they are then due;

  49. charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of 4 per cent per annum above Bank of Scotland plc Bank base rate from time to time, until payment in full is made).

  50. If an Event of Insolvency occurs, or Coattail Publications reasonably apprehends that an Event of Insolvency is about to occur in relation to the Buyer and notifies the Buyer accordingly, Coattail Publications shall be entitled to avail itself of the remedies listed in condition 34 a and b above, without limiting any other right or remedy available to Coattail Publications.

  51. No warranties shall be given in respect of the Goods by Coattail Publications. However, where the Goods are covered by manufacturer’s warranties, Coattail Publications shall endeavour to transfer to the Buyer the benefit of the manufacturer’s warranties. Coattail Publications shall inform the Buyer of any warranties that it is passing on the benefit of on delivery.

  52. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

  53. Nothing in these conditions excludes or limits the liability of Coattail Publications:

  54. for death or personal injury caused by Coattail Publications’s negligence; or

  55. under section 2(3), Consumer Protection Act 1987; or

  56. for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or

  57. for fraud or fraudulent misrepresentation.

  58. Subject to conditions 36 and 37 above:

  59. Coattail Publications’ 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 Contract price; and

  60. Coattail Publications 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.

  61. Coattail Publications reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods 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 of Coattail Publications including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce) or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a period in excess of 90 days the Buyer shall be entitled to give notice in writing to Coattail Publications to terminate the Contract.

  62. Please read Coattail Publications’ Privacy Policy for details of how Coattail Publications will use any information provided to it by the Buyer.

  63. A notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

  64. No waiver by Coattail Publications of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision

44.a. Coattail Publications may assign or transfer its rights and obligations under the Contract to another entity.

  1. The Buyer may only assign or transfer its rights or its obligations under the Contract to another person if Coattail Publications agrees in writing.

  2. The Contract is between the Buyer and Coattail Publications and no other person has any rights to enforce any of its terms.

  3. If any provision of the Contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.

  4. The Contract shall be governed by the laws of England and the parties agree to submit to the exclusive jurisdiction of the English courts.

 

 

PRIVACY POLICY

Coattail Publications Privacy Policy

  1. Introduction Coattail Publications respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.This privacy notice is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary at section 10 to understand the meaning of some of the terms used in this privacy notice.

  2. Important information and who we are – Purpose of this privacy notice This privacy notice aims to give you information on how Coattail Publications collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign up to our newsletter, purchase a product or service or take part in a competition.This website is not intended for children and we do not knowingly collect data relating to children.It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them. Controller Coattail Publications is the controller and responsible for your personal data (collectively referred to as “Coattail Publications”, “we”, “us” or “our” in this privacy notice). Contact detailsOur full details are:Full name of legal entity: Coattail PublicationsName or title of DPO: Mr Steve WilkinEmail address: customerservices@coattail-publications.com Postal address: Coattail Publications, 7 Grafton Place, Dukes Park, Chelmsford, Essex ,CM2 6TGYou have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance. Changes to the privacy notice and your duty to inform us of changesThis version was last updated on 11th October 2018.It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.Third-party linksThis website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

  3. The data we collect about you Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

    • Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.

    • Contact Data includes billing address, delivery address, email address and telephone numbers.

    • Financial Data includes bank account and payment card details.

    • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.

    • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.

    • Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses. 

    • Usage Data includes information about how you use our website, products and services.

    • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

    We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

    We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

    If you fail to provide personal data

    Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

  4. How is your personal data collected? We use different methods to collect data from and about you including through:

    • Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

    • apply for our products or services;

    • create an account on our website or apply for credit;

    • subscribe to our service or publications;

    • request marketing to be sent to you;

    • enter a competition, promotion or survey; or complete quote/service forms;

    • give us some feedback.

    • Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies.

    • Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:

    • Technical Data from the following parties:

        1. analytics providers such as Google based outside the EU;

        2. advertising networks; and

        3. search information providers.

    • Contact, Financial and Transaction Data from providers of technical, payment and delivery services.

    • Identity and Contact Data from data brokers or aggregators.

    • Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register.

  5. How we use your personal data We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

    • Where we need to perform the contract we are about to enter into or have entered into with you.

    • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

    • Where we need to comply with a legal or regulatory obligation.

    • We do not store credit card details nor do we share customer details with any 3rd parties

    Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

    Purposes for which we will use your personal data

    We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

    Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us customerservices@coattail-publications.com if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

    Purpose/ActivityType of dataLawful basis for processing including basis of legitimate interest

    To register you as a new customer(a) Identity

     

    (b) Contact

    Performance of a contract with youTo process and deliver your order including:

     

    (a) manage payments, fees and charges

    (b) collect and recover money owed to us

    (a) Identity

     

    (b) Contact

    (c) Financial

    (d) Transaction

    (e) Marketing and Communications

    (a) Performance of a contract with you

     

    (b) Necessary for our legitimate interests (to recover debts due to us)

    To manage our relationship with you which will include:

     

    (a) notifying you about changes to our terms or privacy policy

    (b) asking you to leave a review or take a survey

    (a) Identity

     

    (b) Contact

    (c) Profile

    (d) Marketing and Communications

    (a) Performance of a contract with you

     

    (b) Necessary to comply with a legal obligation

    (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

    To enable you to partake in a prize draw, competition or complete a survey(a) Identity

     

    (b) Contact

    (c) Profile

    (d) Usage

    (e) Marketing and Communications

    (a) Performance of a contract with you

     

    (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

    To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity

     

    (b) Contact

    (c) Technical

    (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

     

    (b) Necessary to comply with a legal obligation

    To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you(a) Identity

     

    (b) Contact

    (c) Profile

    (d) Usage

    (e) Marketing and Communications

    (f) Technical

    Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)To use data analytics to improve our website, products/services, marketing, customer relationships and experiences(a) Technical

     

    (b) Usage

    Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)To make suggestions and recommendations to you about goods or services that may be of interest to you(a) Identity

     

    (b) Contact

    (c) Technical

    (d) Usage

    (e) Profile

    Necessary for our legitimate interests (to develop our products/services and grow our business)

    Marketing

    We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. Please contact us (customerservices@coattail-publications.com ) in order to make decisions on your personal data use.

    Promotional offers from us

    We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

    You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.

    Third-party marketing

    We will get your express opt-in consent before we share your personal data with any company outside the Coattail Publications for marketing purposes.

    Opting out

    You can ask us or third parties to stop sending you marketing messages at any time by contacting us customerservices@coattail-publications.com at any time.

    Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

    Cookies

    You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.  Analytical/performance cookies: They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

    Change of purpose

    We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us customerservices@coattail-publications.com on the details set out in section 1 at any time.

    If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

    Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

  6. Disclosures of your personal data We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

    • External Third Parties as set out in the Glossary at section 10.

    • Marketing service providers such as Mailchimp.

    • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

    We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

  7. International transfers We do not transfer your personal data outside the European Economic Area (EEA).

  8. Data security We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

  9. Data retentionHow long will you use my personal data for? We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.In some circumstances you can ask us to delete your data. Please contact us in writing to request this.In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

  10. Your legal rights Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please see section 10 to find out more about these rights.If you wish to exercise any of the rights set out above, please contact us (customerservices@coattail-publications.com)No fee usually requiredYou will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.What we may need from youWe may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.Time limit to respondWe try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

  11. GlossaryLAWFUL BASISLegitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us (customerservices@coattail-publications.com) Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.THIRD PARTIESExternal Third Parties

    • Service providers acting as processors based in the United Kingdom & Luxembourg who provide IT and system administration services.

    • Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.

    • HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.

    YOUR LEGAL RIGHTS

    You have the right to:

    Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

    Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

    Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

    Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

    Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

    Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

    Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Powered By SWish Marketing