Terms of sale
1.1 Please read these terms of sale carefully, IN PARTICULAR THE PROVISIONS OF CLAUSE 7.
1.2 You will be asked to expressly agree to these terms of sale before you place an order for products on our website.
2.1 In these terms of sale, “we” means Note Harbour Ltd (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
3.1 While we have endeavoured to ensure the accuracy of our products, we cannot guarantee their accuracy or suitability for your needs or academic requirements. We therefore disclaim any liability for any losses stemming from any inaccuracies contained in any of our materials or products you purchase or download from our website or your reliance on them. By purchasing products or downloading content from this website you acknowledge and agree to this disclaimer.
3.2 By purchasing products from our website you agree and understand that our products:
- do not guarantee that you will obtain any particular outcome or academic result (i.e. grade) on your course or otherwise;
- may not be entirely up to date or reflect the current legal position on certain areas of law;
3.3 do not constitute advice, legal or otherwise. Where you require legal advice you should contact a relevant legal professional; and
3.4 are designed as supplementary resources for your own private study and work and should not be used in lieu or as a substitute to the work that you are required to do on your course.
3.5 You recognise and agree that GDL Elite and our products are in no way affiliated with or endorsed by any law school or higher educational institution.
4.1 The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
4.2 In order to enter into a contract to purchase products from us, you will need to take the following steps: (i) you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) once you have checked and are happy with your order you must click the buy button to confirm your order and your consent to these terms of sale; (iii) you will be transferred to the PayPal website, and PayPal will handle your payment; (iv) we will then send you an initial acknowledgement; and (v) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
4.3 We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
4.4 The only language in which we provide these terms of sale is English.
4.5 Before you place your order, you will have the opportunity of identifying whether you have made any input errors by viewing your shopping cart. You may correct those input errors before placing your order by editing and removing items from your shopping cart.
5.1 Our products include educational resources and aids for private study on the Graduate Diploma in Law (“GDL”) in the United Kingdom, including:
- revision guides, and
- case books (books containing lists of cases and statutes)
6.PRICE AND PAYMENT
6.1 Prices for products are quoted on our website. The website contains a number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product’s correct price will be stated when you pay for the product.
6.2 In addition to the price of the products, you will have to pay a delivery charge, which will be as stated when you pay for the product.
6.3 Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
6.4 The prices on the website include all value added taxes (where applicable).
6.5 Payment for all products must be made by credit or debit card via PayPal or any method detailed on the website from time to time.
6.6 Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
6.7 If you dispute any payment made to us you must contact us immediately and provide full details of your claim. If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of the charge-back: (i) an amount equal to the amount of the charge-back; (ii) all third party expenses incurred by us in relation to the charge-back (include charges made by our or your bank or payment processor or card issuer); (iii) an administration fee of GBP £10 (including VAT); and (iv) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees).
6.8 Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other charge-back, then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.
6.9 For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.
7. YOUR WARRANTIES
You warrant to us that:
- you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
- the information provided in your order is accurate and complete;
- you will be able to accept delivery of the products;
- you are a student on Graduate Diploma in Law course and will only use the products for your own personal, private and non-commercial use. IN PARTICULAR, AND WITHOUT ANY LIMITATION WHATSOEVER, OUR PRODUCTS ARE NOT SOLD WITH A COMMERCIAL LICENCE FOR USE BY ANY EDUCATIONAL INSTITUTION OR ANY OF THEIR STAFF, CONTRACTORS, SUB-CONTRACTORS, AFFILIATES, ASSOCIATES OR ANYONE IN ANY ASSOCIATED DIRECTLY OR INDIRECTLY WITH SUCH INSTITUTIONS AND YOU MUST NOT PURCHASE OR USE SUCH PRODUCTS IF YOU ARE SUCH A PERSON OR ENTITY OR FOR ANY COMMERCIAL, BUSINESS OR LEGAL PURPOSE WHATSOEVER, WHETHER DIRECTLY OR INDIRECTLY. ANY USE OF OUR PRODUCTS FOR SUCH PURPOSES OTHER THAN BONA FIDE PERSONAL, PRIVATE AND NON-COMMERCIAL ACADEMIC STUDY PURPOSES CONSTITUTES A BREACH OF THE LICENCE ON WHICH YOU ARE PERMITTED TO USE OUR PRODUCTS AND SHALL CONSTITUTE AN INFRINGEMENT OF OUR COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS IN OUR PRODUCTS AND/OR OTHER BUSINESS PROPERTY AND TRADEMARK. YOU AGREE TO INDEMNIFY US TO THE MAXIMUM EXTENT PERMITTED BY LAW US IN RESPECT OF ANY LOSSES, DAMAGES, COSTS OR EXPENSES WE SUFFER AS A RESULT OF YOU BREACHING THIS CLAUSE 7, INCLUDING IN RESPECT OF ANY LEGAL OR OTHER REASONABLE COSTS WE INCUR IN ENFORCING OUR RIGHTS AGAINST YOU AS A RESULT OF YOUR BREACH OF THIS CLAUSE 7.
- You will comply with the provisions of the Privacy and Electronic Communications Regulations 2003 (as amended) and the Data Protection Act 1998 or any subsequent analogous or replacement law or regulation and any other applicable law or regulation.
8.1 We will arrange for the products to be delivered to the address for delivery indicated in your order.
8.2 We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 14 days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation.
8.3 We reserve the right to only deliver products within England and Wales.
9. RISK AND OWNERSHIP
9.1 The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
- delivery of the products; and
- receipt by us of full payment of all sums due in respect of the products (including delivery charges).
9.2 We will be entitled to recover payment for the products even where ownership has not passed to you.
10. “COOLING OFF” PERIOD
10.1 Under the Distance Selling Regulations, you may cancel a distance contract to purchase a product or products from us at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out below).
10.2 In order to cancel a contract in this way, you must give to us written notice of cancellation.
10.3 If you cancel a contract on this basis, you must promptly return the products to us, in the same condition in which you received them.
10.4 If you cancel a contract on this basis, you will be refunded in full (including the cost of sending the products to you). However, you will be responsible for paying the cost of returning the product to us.
10.5 If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.
11. STATUTORY RIGHTS
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
13. LIMITATIONS AND EXCLUSIONS OF LIABILITY
13.1 Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987; (d) limit any liability of a party in any way that is not permitted under applicable law; or (e) exclude any liability of a party that may not be excluded under applicable law. Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the terms of sale.
13.2 The limitations and exclusions of liability set out in this Section (Section 13) and elsewhere in the terms of sale: (a) are subject to the preceding clause (clause 13.1); and (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
13.3 We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.
13.4 We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, wasted time, contracts, commercial opportunities or goodwill.
14. GENERAL TERMS
14.2 Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
14.3 If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
14.4 No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
14.5 You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
14.6 Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
14.7 Subject to clause 13.1: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
14.8 These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
15.1 Our trading name is GDL Elite.
15.2 Our full name is Note Harbour Ltd.
15.3 Our registered office and our principal trading address is Cranleigh, Burton Street, Marnhull, Dorset, DT10 1JJ.
15.4 Our company registration number is 8761645.
15.5 Our email address is firstname.lastname@example.org.