These Terms and Conditions govern the supply of goods by The Chinabookshop.net pursuant to orders placed on this website and orders placed by email. Defined terms are capitalized and definitions appear at the end of this document.
I. Contract Process
a. Where You submit Your Order to Us on our Website or by emailing/faxing Your Order to Us. You will receive an electronic confirmation of receipt of your Order and of the details of Your Order as soon as is reasonably practicable. You will be notified separately if the Goods are unavailable or if Your Order cannot be fulfilled for any other reasons.
b. Chinabookshop.net must receive payment of the whole of the price for the goods that You order before Your order can be accepted, and the contract formed. Payment is not taken until the point of dispatch of the goods to You from our distribution centre. Once payment has been received Chinabookshop.net will confirm that Your order has been accepted by sending an e-mail to You at the e-mail address You provide in your registration form. Chinabookshop.net's acceptance of Your order brings into existence a legally binding contract between us on these terms. Any term sought to be imposed by You in Your order will not form part of the contract.
c. If you wish to alter the details of your Order, please contact email@example.com as soon as possible. Your order can be changed and canceled before the goods are delivered. You will not be able to alter the details of the Order after we arrange delivery of your Order.
d. We will retain a copy of the Contract for one year in the case of all orders other than Standing Orders, the Contracts for which will be kept for 5 - 6 years. We strongly advise You to keep a copy for Your own records.
II. Obligation to Supply
a. We are only liable to supply You with those Goods which i) You describe accurately in your Order; and, ii) are in stock at the time of receipt of Your Order.
b. We will accept the return of the Goods to Us and issue You a credit invoice if the Goods delivered do not match the description given in Your Order.
a. We will dispatch the Goods during normal business hours within 3 days of the date of receipt of your Order and Your payments.
b. We will dispatch the Goods by the method you choose and charge You the rate related to that method.
c. Where We cannot deliver in accordance with the timescales envisaged above, We will advise You and give You the option to cancel Your Order or to accept a revised delivery date. We may make a partial delivery of your Order where not all items are available upon your agreement.
d. We will arrange the return of the Goods and issue You a credit invoice where We are responsible, and You have been charged, for a duplicated delivery.
e. We may refuse to accept the return of any duplicate Order or to issue You a credit invoice where, in our reasonable opinion, the Goods were delivered in accordance with a valid Order.
F. Delivery process affected by force majeure such as bad weather, wars and accidents is not covered by our guarantee of delivery.
IV. Damage or Loss in Transit
a. We will replace at no extra cost to You any Goods damaged on or before delivery, provided that You notify Us of the damage by email as soon as is reasonably possible after receipt of the Goods. To ensure prompt replacement of or credit for damaged or defective items, please check your Goods as soon as upon arrival and report any problems to our customer service department immediately. You must contact us and obtain return authorization from a customer service representative before sending a return. Unauthorized returns will not be credited. Defective items will be exchanged for the same item only.
b. Subject to the clause 4(a), We will replace at no extra cost to You, any Goods which in Our reasonable opinion have been lost in transit provided that You notify us by telephone or in writing if the Goods fail to arrive within 28 days after the anticipated delivery date.
V. Ownership of the Goods
a. Ownership of the Goods will not pass to You until We have received full payment for them.
b. Until ownership of the Goods has passed to You are responsible for taking all necessary steps to prevent damage, loss or harm to the Goods and you shall insure the Goods at Your expense and for Our benefit; and
c. If You become insolvent before We have received full payment for the Goods, We may take the Goods back at Your expense. In the event that You become insolvent, You authorise Us or Our agents or representatives to enter Your premises in order to take back the Goods or to inspect the Goods.
a. Subject to clause 6(b), We warrant that the Goods are of a satisfactory quality and reasonably fit for their normal purpose. We do not give any other warranties in respect of the Goods, their condition or delivery, and any warranties implied by statute are excluded to the fullest extent permissible under law.
b. We do not offer any warranties as to the accuracy or completeness of the information contained in any of the Goods.
c. These Terms and Conditions do not affect any statutory rights You may have.
d. If you believe that the Goods are not of a satisfactory quality, You may, within 30 days of delivery, notify Us in writing stating the reason for Your dissatisfaction. If we authorise return of the Goods and they are returned to Us in their original condition and at Your expense, We will promptly replace them.
a. You shall make payment for the Price of the Goods within 28 days of the date of Your order. Your order is accepted only when the payment is received. If the payment is not made within 28 days, Your order will be canceled automatically.
b. You are responsible for paying any bank or transmission charge in addition to the Price.
VIII. Intellectual Property Rights
You will not do, or permit to be done, anything that may detrimentally affect Our copyright, trade marks or any other intellectual property rights in the Goods.
IX. Cancellation of Order
a. Cancellations after placement of order will not be accepted. Please choose your statistical reports carefully as we do not refund for change of mind. Please be sure to read all available information about a report before placing your order.
X. Waiver & Severability
a. Our failure to exercise or delay in exercising any of Our rights or remedies under these Terms and Conditions does not constitute a waiver of such rights or remedies.
b. If any provision of these Terms and Conditions is found by a court or administrative body of competent jurisdiction to be invalid or unenforceable, it shall not affect the other provisions of these Terms and Conditions which shall remain in full force and effect.
a. Apart from Orders placed pursuant to clause 1 above, any notices, request or other communication required under these Terms and Conditions shall be in writing by email.
b. Notices shall be delivered to Us at the address set out in these Terms and Conditions and to You at the address to which the invoice is sent or such other address as either party notifies from time to time.
These Terms and Conditions are the only terms which apply to this Contract. Any variation to these Terms and Conditions is valid only if it is agreed in writing by Our Head of Sales.
The headings used in these Terms and Conditions are for guidance only and shall not affect the interpretation of these Terms and Conditions.
In these and any other terms and conditions included in the Contract, the expressions listed below shall have the following meanings:
"Contract" means the agreement between Us and You, which includes these Terms and Conditions, made by Our acceptance of your Order.
"Customer, (You, Your)" means whoever places the Order for the Goods with Us.
"Consumer" means any Customer who is a natural person acting for purposes which are outside his business.
"Effective Start Date" means the date of delivery of the first item of the Goods under a Subscription or Standing Order.
"Goods" means any items offered for sale by Us and requested by You in the Order.
“Electronic version” means a value-add service that helps our members acquire organized content of publication prior to arrival of order. Hardcopy will be delivered upon receipt of shipping fee and price difference if applicable unless the title is out of print. This service is to help publishers promote their publications and keep their out-of-print titles. All rights are reserved to publishers.
"Order" means Your request to purchase any Goods. This includes Standing Orders and/or Subscriptions.
"Price" means that amount quoted in Our current price list from time to time plus delivery costs and any applicable Value Added Tax or other taxes or duties.
"Seller (We, Us, Our)" means Chinabookshop.net.
"Standing Order" means Your Order for any Goods published during the Term and fitting the description submitted to Us by You in the Order.
"Term" means the period of 12 calendar months commencing on the date of the first delivery of the whole or any part of the Goods or any subsequent anniversary thereof.
"Website" means Our websites to be found at www.chinabookshop.net.