11.4 Any concern relating to the delivery date, or general condition of the magazines delivered must be notified to us within 7 days from the date on which the magazines were or should have been delivered. Should any defects or discrepancies not be reported to us within this time, You will be deemed to have accepted the goods.
11.5 DLT must be notified of any changes of address at least 3 weeks in advance of delivery, in writing or by telephone, quoting the old and the new address. DLT will not be held responsible for any incorrect deliveries resulting from a failure to notify DLT of a change of address in the prescribed manner.
11.6 With the exception of weekends and Public Holidays, DLT must be notified of any periods of closure of your business or business premises, at least three weeks prior to the anticipated date. Where delivery of your magazines is likely to coincide with this date and notice has been received, DLT will make arrangements for the temporary storage of the magazines and an alternative delivery will be arranged for a mutually convenient time. Where no notice is received and DLT or our authorised agents are unable to successfully deliver the magazines, any delivery charges incurred directly or indirectly by us will be payable by You.
12. Retention of title and passing of risk
12.1 You expressly agree that until You have paid in full for the Products comprised in any Contract, the Products remain the property of DLT. Should outstanding payments for the Products not be forthcoming, You undertake to pay all costs DLT incur in the collection of any such sums due, including legal costs.
12.2 Risk of damage to or loss of any Products passes to you at the point that delivery is made, or subject to paragraph 11.6, when we tender delivery (even if our agents are unable to effect actual delivery) or if You wrongfully fail to take delivery of any Products.
13. Magazine substitutions
13.1 DLT reserve the right to change the titles of any magazines comprised within any pre-selected or custom magazine packs from time to time and without notice to you. DLT will only make substitutions if it considers it to be reasonably necessary to do so whether or not for the reasons set out in paragraph 14 below. DLT’s substitution of magazine titles under this paragraph 13 does not give You the right to repudiate any Contract.
14. Our liability
14.1 DLT has no control over the publishers of the magazines offered and the
publisher reserves the right to change the publication dates and frequency of a
title without notice. In such instances, DLT will make reasonable attempts to
substitute the magazine for a similar title however there will be no obligation
on DLT to do this.
14.2 In the event that a magazine title is terminated, subscribers to custom packs
will be given the opportunity to select a replacement magazine in accordance
with these terms and conditions. Subscribers to the pre-selected packs will
have a replacement title chosen for them by DLT.
14.3 DLT shall not be liable to You or be deemed in breach of any Contract by reason of any delay in performing, or any
failure to perform any of DLT’s obligations under such Contract, if the delay or failure was due to
any cause beyond DLT’s reasonable control (event of “force majeure”). This may
include but is not limited to any act of god; legislation; war; fire; flood;
drought; inadequacy or unsuitability of any instructions, electronic file or
other data or materials supplied by You; failure of power supply; lock-out,
strike or other action taken by employees in contemplation or furtherance of a
dispute; or owing to any inability to procure materials required for the
performance of the Contract. The exit of the United Kingdom from the European
Union shall not be regarded as an event of “force majeure”.
14.4 In the event that the Products prove to be defective for any reason,
including negligence, DLT’s liability (if any) shall be limited to the
rectification of the defector replacement of the individual Product item in
question. Where DLT rectify defective Products or replace them under this paragraph
14.4 You shall not be entitled to any further claim in respect of the Products delivered
nor shall You be entitled to treat delivery thereof as a ground for repudiating
the Contract failing to pay for the Products or cancelling further deliveries.
14.5 DLT shall not be liable to You by reason of any representation (unless
fraudulent), or any implied warranty, condition or other term, or any duty at
common law, or under the express terms of this contract or any further
agreement, for loss of profit or for any indirect, special or consequential
loss or damage, costs, expenses or other claims for compensation whatsoever
(whether caused by DLT’s negligence or negligence by DLT’s employees or agents
or otherwise) which arise out of or in connection with the supply of any
Products except that nothing in this
paragraph 14.5 shall limit DLT’s liability for death or personal injury arising
out of its negligence or the negligence of its employees, agents or sub-contractors,
fraud or fraudulent misrepresentation, breach of any terms implied by section
12 of the Sale of Goods Act 1979, defective products under the Consumer
Protection Act 1987 or any matter in which it would be unlawful for us to
exclude or restrict our liability.
14.6 DLT reserve the right to lawfully refuse to enter a Contract with any
business, without providing reasons for this refusal.
14.7 DLT’s aggregate liability in connection with any Contract (whether in
contract, tort or otherwise) for loss or damage shall not exceed the price of
the subscription in respect of one incident or a series of incidents relating
to a Magazine Subscription Contract, or the value of the individual Product in
question if it is not a magazine, except as expressly provided in these Terms.
and data protection
15.1 DLT undertake to You that DLT shall use all reasonable endeavours to
prevent its employees and contractors divulging or communicating to any person,
except as may be required by law or any other legal or regulatory authority,
any confidential information about You which may come to DLT’s knowledge.
15.2 DLT are committed to protecting privacy. DLT will take all reasonable
precautions to keep any personal data (as defined in the Data Protection Act
1998) You provide it with, secure and
only use the information to provide the Products or deal with You with a view
to forming Contracts lawfully and in
accordance with the Data Protection Act 1998.
16.1 DLT™,DLT Media™ and DLT Magazines™ are trade marks that belong to DLT.
16.2 The Site
and these Terms are protected by copyright belonging to DLT and all rights are
reserved with respect to all intellectual property belonging to DLT.
intellectual property rights, including but not limited to copyright, trade marks,
patents and designs in relation to any Products are owned by the respective
publisher of proprietors or the licensors of such Products and all rights are
reserved. No licence to use any of them is given to You by DLT or any other
third party or may be implied if You enter into any Contracts
17.1 When using the Site, You accept that communication with us will be mainly
electronic. DLT will contact you by e-mail or provide You with information by
posting notices on our website. For contractual purposes, You agree to this
electronic means of communication and You acknowledge that all contracts,
notices, information and other communications that DLT provide to You
electronically comply with any legal requirement that such communications be in
18.1 All notices given by You to us must be given to DLT Media (UK) Ltd at Unit
B1 Kingswey Business Park, Forsyth Road, Woking GU21 5SA, United Kingdom, or to email@example.com. DLT may give notice to You at either the e-mail or
postal address you provide to us when placing an order, or in any of the ways
specified in paragraph 17 above. Notice will be deemed received and properly
served immediately when posted on our website, 24 hours after an e-mail is
sent, or three days after the date of posting of any letter. In proving the
service of any notice, it will be sufficient to prove, in the case of a letter,
that such letter was properly addressed, stamped and placed in the post and, in
the case of an e-mail, that such e-mail was sent to the specified e-mail
address of the addressee.
Transfer of rights and obligations
19.1 Every Contract is binding on You and DLT and on our respective successors
19.2 You may not transfer, assign, charge or otherwise dispose of a Contract,
or any of your rights or obligations arising under it, without our prior
19.3 DLT may transfer, assign, charge, sub-contract or otherwise dispose of a
Contract, or any of our rights or obligations arising under it, at any time
during the term of the Contract.
20.1 If DLT fail, at any time during the term of a Contract, to insist upon
strict performance of any of your obligations under the Contract or any of
these terms and conditions, or if DLT fail to exercise any of the rights or
remedies to which DLT are entitled under the Contract, this shall not
constitute a waiver of such rights or remedies and shall not relieve You from
compliance with such obligations.
20.2 A waiver by DLT of any default shall not constitute a waiver of any
20.3 No waiver by DLT of any of these terms and conditions shall be effective
unless it is expressly stated to be a waiver and is communicated to You in
writing in accordance with paragraph 18
If any of these Terms or any provisions of a Contract are determined by any
competent authority to be invalid, unlawful or unenforceable to any extent,
such term, condition or provision will to that extent be severed from the
remaining terms, conditions and provisions which will continue to be valid to
the fullest extent permitted by law.
22.1 These Terms and any document
expressly referred to in them including any terms and conditions contained in
any accepted order or Acceptance Confirmation, represent the entire agreement
between us in relation to the subject matter of any Contract and supersede any
prior agreement, understanding or arrangement between us, whether oral or in
22.2 DLT and You each acknowledge that, in entering into a Contract, neither of
us has relied on any representation, undertaking or promise given by the other
or be implied from anything said or written in negotiations between us prior to
such Contract except as expressly stated in these terms and conditions.
22.3 Neither of us shall have any remedy in respect of any untrue statement
made by the other, whether orally or in writing, prior to the date of any
Contract (unless such untrue statement was made fraudulently) and the other
party’s only remedy shall be for breach of contract as provided in these terms
right to vary these Terms
23.1 DLT have the right to revise and amend these terms and conditions from
time to time.
23.2 You will be subject to the policies and terms and conditions in force at
the time that you order Products from
us, unless any change to those policies or these terms and conditions is
required to be made by law or governmental authority (in which case it will
apply to orders previously placed by You), or if DLT notify You of the change
to those policies or these terms and conditions before DLT send You the
Acceptance Confirmation (in which case DLT have the right to assume that You have
accepted the change to the terms and conditions, unless You notify us to the
contrary within seven working days of receipt of the Products ).
You may not
assign or sub-contract any of your rights or obligations under any Contract to
any third parties unless expressly agreed in writing by DLT.
25. No Partnership
Nothing in these
Terms or in any Contract is intended to, or shall be deemed to constitute a
partnership or joint venture of any kind between DLT and You, nor constitute
any party to be the agent of the other party or of any entity for any purpose.
26. Third Party Rights
No one other
than a party to any Contract made under these Terms shall have any right to
enforce any terms of such Contract.
27. Law and jurisdiction
These Terms are subject to English Law and You consent to the exclusive
jurisdiction of the English courts in all matters regarding any Contract or any
Conditions document: Version 2.1 31.03.2017 - © DLT Media (UK) Limited 2017