1. Definitions
1.1 The following words and expressions shall have the following meanings unless the context otherwise requires:
| “Conditions” | means the terms and conditions of sale and/or provision of Subscriptions set out in this document and any special terms and conditions agreed in writing by Wagglemag; |
| “Contract” | means the contract for the sale and/or provision by the Customer of Subscriptions to Wagglemag’s offline magazines; |
| “Customer(s)” | means the entity which or individual who has accepted these Conditions; |
| “Order Acceptance” | means confirmation by Wagglemag in writing (including without limitation by email) that the Customer’s order for the Subscriptions has been accepted; |
| “Site” | means http://www.wagglemag.com |
| “Subscription(s)” | means any subscription or subscriptions on payment of a fee to purchase and/or any free registration or registrations to receive delivery of any one or more Wagglemag’s offline magazine(s) or periodical(s) ordered by the Customer and supplied by Wagglemag pursuant to these Conditions for the Subscription Period; |
| “Subscription Period” | unless otherwise set out on this Site means the twelve (12) month period for which the Customer subscribes and/or registers to purchase and/or receive the Subscriptions, commencing on and including the date of issue of Wagglemag’s Order Acceptance and expiring on the anniversary of the date of issue of the Order Acceptance less one day |
| “Wagglemag” | means partnership trading as Wagglemag of PO Box 1240 Norwich NR8 6FR, United Kingdom; |
2 Conditions applicable
2.1 These Conditions shall apply to any Contract for the sale and/or provision of Subscriptions by Wagglemag to the Customer to the exclusion of all other terms and conditions including any terms or conditions which the Customer may purport to apply under any purchase order confirmation of order or similar document.
2.2 All orders for Subscriptions shall be deemed to be an offer by the Customer to purchase and/or receive Subscriptions pursuant to these Conditions.
2.3 Acceptance of delivery of any magazine further to any Customer’s Subscriptions shall be deemed conclusive evidence of the Customer's acceptance of these Conditions.
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Wagglemag. No other agent or representative of Wagglemag has any authority to vary or omit these conditions in whole or in part.
2.5 Any typographical clerical or other error or omission in any information contained in any sales literature quotation price list order confirmation or other documentation issued by Wagglemag shall be subject to correction without any liability on Wagglemag’s part.
2.6 Any order accepted is subject to stock availability. Back orders shall not be retained and it shall be the Customer’s responsibility to re-order any unavailable Subscriptions if required.
2.7 The Customer acknowledges and accepts that the purchase and/or provision of Subscriptions from the Site under these Conditions is also subject to and governed by the terms of Wagglemag’s respective Site Terms of Use and Privacy Policy
2.8 Any representations made by Wagglemag’s employees or agents concerning the Subscriptions shall not be incorporated into the Contract unless confirmed by Wagglemag in writing and in entering into the Contract the Customer acknowledges that it does not rely on and waives any claim for breach of such representations which are not so confirmed
2.9 Where applicable (and unless otherwise provided in the Conditions) any terms referred to in any Order Confirmation or other documentation issued by Wagglemag relating to the rights and obligations of the parties to the Contract with respect to the delivery of the Subscriptions shall have the meaning set out in “Incoterms 2000”
2.10 Subject always to Wagglemag’s observance of any lawful Government or equivalent issued export ban or other prohibition Wagglemag may as it in its absolute discretion deems fit contract with any Customer in any country for the sale and purchase and/or provision of Subscriptions on these Conditions
2.11 words in the singular include the plural meaning and words in the plural include the singular meaning; use of any gender includes the other genders
2.12 headings are for reference only and do not affect the meaning or interpretation of these Conditions
2.13 references to any act, regulation, code of practice or statutory order shall be interpreted so as to include any change, re-enactment or extension of the act, regulation, code of practice or statutory order; and
2.14 any reference to “persons” includes natural persons, firms, partnerships, companies, corporations, associations, organisations, governments, states, foundations and trusts (in each case whether or not having separate legal personality).
2. Basis of contract
2.1 These Terms shall apply to the sale and/or provision by Wagglemag of all Subscriptions purchased and/or received by the Customer via the Site or by telephone and these Terms shall govern each Contract to the exclusion of any other terms and conditions introduced or submitted by the Customer. Details of the price and content of each of Wagglemag’s Subscriptions are set out in Wagglemag’s Payment and Information Schedule [INSERT A LINK TO THE SITE’S PAYMENT AND INFORMATION SCHEDULE FOR HEALTH AND SICKNESS (AND THE OTHER MAGAZINES EVEN IF THEY’RE FREE)]
2.2 When the Customer completes the order form on the subscription page of this Site and clicks “Make Payment”, or posts or telephones Wagglemag with details of his/her order, the Customer is making an offer to take out a Subscription which if accepted by Wagglemag in accordance with these Conditions, will result in a binding Contract.
2.3 Acceptance of the order by Wagglemag and completion of the Contract shall take place on the date of Wagglemag’s Order Acceptance.
3. Price and Payment
3.1 The price (if any) payable by the Customer for each Subscription is as set out in Wagglemag’s Payment and Information Schedule [INSERT A LINK TO THE SITE’S PAYMENT AND INFORMATION SCHEDULE FOR HEALTH AND SICKNESS (AND THE OTHER MAGAZINES EVEN IF THEY’RE FREE)]
3.2 If placing an order on-line the Customer’s credit/debit card will be debited with the cost of the Subscriptions when Wagglemag sends the Customer an Order Acceptance unless Wagglemag notifies the Customer otherwise. In accordance with the terms of Wagglemag’s Privacy Policy the Customer’s payment of the price (if any) for Subscriptions shall proceed through Protex Security, who shall carry out the necessary card verification processes and Wagglemag will check the availability of stock on receipt of the order from the Customer. In the event that Wagglemag is unable to supply the Subscriptions for any reason, the Customer shall be informed as soon as possible with the option to order alternative Subscriptions. In the event that the Customer chooses not to order alternative Subscriptions then a full refund shall be given if payment has already been made.
3.3 Subject to clause 3.4 below, the price to be paid by the Customer is the price displayed on the Site at the time when the order is received by Wagglemag.
3.4 In the event that Wagglemag discovers an error in the price of any Subscription ordered by the Customer, Wagglemag shall notify the Customer as soon as possible providing the Customer with the option of either reconfirming the order at the correct price or cancelling the order. If Wagglemag is unable to contact the Customer for the purposes of this clause 3.4, the order shall be deemed cancelled and where the Customer has already made payment for the Subscriptions this shall be refunded in full.
3.5 Subject to any special terms agreed in writing between Wagglemag and the Customer and unless otherwise specified in the Order Acceptance, payment for all Subscriptions must be by credit or debit card and is due at the point Wagglemag sends the Customer an Order Acceptance (the ‘Due Date’). Wagglemag will not charge the Customer’s credit or debit card earlier than the point at which Wagglemag sends the Customer the Order Acceptance. Wagglemag accepts payment by Master Card, Visa, Visa Debit, Visa Electron, Maestro or Solo.
3.6 If for any reason Wagglemag dispatches any magazine in accordance with the Customer’s Subscription and the Customer fails to make payment on the Due Date then without prejudice to any other right or remedy available to Wagglemag it shall be entitled to:-
3.6.1 cancel the Contract and/or suspend any further deliveries to the Customer; and/or
3.6.2 charge the Customer interest (before and after any judgment) on the amount unpaid at the rate of 3% per annum above The Bank of England base rate from time to time until payment in full is made (a part of the month being treated as a full month for the purpose of calculating interest)
3.7 For delivery to non-EU countries, all local VAT, duties and sales taxes due on importation are the responsibility of the Customer
3.6 The cost (if any) of deliverable Subscriptions listed on the Site includes delivery using standard post office delivery. Where Subscriptions are (subject to these Conditions) provided by Wagglemag to the Customer free of charge, Wagglemag shall also procure delivery to the Customer using standard post office delivery free of charge.
3.7 The price shall always be payable by the Customer to Wagglemag in Pounds Sterling.
4. Delivery
4.1 Unless otherwise stipulated in the Order Acceptance, the Subscription issues will usually be delivered by standard post office delivery although Wagglemag reserves the right to deliver by any alternative means that it in its absolute discretion deems appropriate
4.2 When ordering Subscriptions from the Site for delivery overseas the Customer may be subject to import duties and taxes, which are levied once the package reaches the specified destination. The Customer shall be responsible for obtaining all necessary licences and permissions for the import of the Subscriptions into the country of destination. Any additional charges for customs clearance must be borne by the Customer; Wagglemag has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so the Customer should contact its local customs office for further information. Additionally, please note that when ordering from the Site, the Customer is considered the importer and must comply with all laws and regulations of the country in which the Subscriptions are received. We would like our international Customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
4.3 Typically, Wagglemag will post the Subscriptions for the first available issue one (1) week following the date of Wagglemag’s Order Acceptance.
4.4 Wagglemag’s liability (if any) to the Customer in the event of issues of the Subscriptions being lost in the post shall be limited to the replacement of the missing issues of the Customer’s Subscriptions or a refund of the cost (if any) of those missing issues.
4.5 Any date quoted for delivery of any Subscriptions issue is approximate only and:-
4.5.1 Wagglemag shall not be liable for any loss suffered by the Customer arising from any delay in the delivery of any one or more Subscription;
4.5.2 the Customer agrees that it shall not be entitled to terminate the Contract by reason of the Wagglemag’s failure to deliver by any date quoted for delivery
4.6 The Customer shall make all arrangements necessary to take delivery of any Subscriptions whenever they are tendered for delivery
4.7 Wagglemag shall be entitled to deliver any Subscription by installments of any size and in any order
5. Contract cancellation and/or expiry
5.1 The Customer does not have the right to cancel any Subscription orders under the Consumer Protection (Distance Selling) Regulations 2000 as amended from time to time as these Regulations do not apply to the sale of magazines and/or periodicals such as the Subscriptions forming the content of any Contract under these Conditions
5.2 From and including the date on which Wagglemag issues an Order Acceptance to the Customer, the Customer shall have no right to cancel the Contract and shall have no right to receive a refund. The Customer shall continue to receive all Subscription issues until the end of the Subscription Period
5.3 Notwithstanding the provisions of clause 6.1 below and clauses 5.1 and 5.2 above, where within twenty four (24) hours of receipt of the Subscription issue the Customer informs Wagglemag of any physical defect in quality that prevents the Customer from reading any substantive text, Wagglemag’s may at its absolute discretion send out a replacement copy of the allegedly defective Subscription issue and the Customer shall not be entitled to receive a refund. Wagglemag also reserves the right to request and receive the Customer’s return to Wagglemag of the allegedly defective Subscription issue at the Wagglemag’s cost, prior to sending out a replacement copy.
5.4 On expiry of the Subscription Period, Wagglemag shall not be obliged to supply the Customer with any further Subscriptions unless:-
5.4.1 the Customer places a repeat order for a fresh Subscription Period in accordance with clause 2.2 above; and
5.4.2 Wagglemag sends the Customer an Order Acceptance in accordance with clause 2.3 above
6. Risk and title to Subscriptions
6.1 Risk of damage to or loss of the Subscriptions shall pass to the Customer at the point of delivery to the Customer at the Delivery Address or on the date of first attempted delivery
6.2 Ownership of the Subscriptions shall pass to the Customer when:
6.2.1 Wagglemag has received in full and cleared funds all sums due to it in respect of the Subscriptions; and
6.2.2 the Subscriptions have been delivered to the Customer.
7. Warranties and liability
7.1The Subscriptions are directed solely at those who access the Site from the United Kingdom. Wagglemag makes no representation that any Subscription is appropriate for use or available in other locations. Furthermore any Customer accessing the Site from locations outside of the United Kingdom is responsible for compliance with local laws if and to the extent local laws are applicable.
7.2 Nothing in these Conditions excludes or limits the liability of Wagglemag for death or personal injury caused by the negligence of Wagglemag or any other liability which may not otherwise be limited or excluded under applicable law.
7.3Subject to clause 7.2 and notwithstanding this clause 7, Wagglemag’s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by the Customer for the Subscriptions in respect of one incident or series of incidents attributable to the same clause.
7.4To fullest extent permitted under applicable law any indemnities, warranties, terms and conditions (express or implied) are hereby excluded.
7.5Subject to clause 7.2 above, Wagglemag shall not be liable in contract, tort (including limitation negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for any:
7.5.1 economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
7.5.2 loss of goodwill or reputation; or
7.5.3 special or indirect losses
suffered or incurred by that party arising out of or in connection with the provision of any matter under these Conditions.
8. Licence and Intellectual Property Rights
8.1 The Customer is permitted to copy or print extracts from Subscriptions for the Customer’s own domestic, non-commercial use on the following basis:
8.1.1 no documents or related graphics in the Subscriptions are modified in any way;
8.1.2 no graphics in the Subscriptions are used separately from accompanying text; and
8.1.3 Wagglemag’s copyright and trade mark notices and this permission notice appear in all copies.
8.2 Unless otherwise stated, the copyright and other intellectual property rights in all material contained on or in the Subscriptions (including without limitation photographs and graphical images) are owned by Wagglemag or its licensors. For the purposes of this legal notice, any use of extracts from the Subscriptions other than in accordance with clause 8.1 above for any purpose (including without limitation any commercial purpose with or without a view to profit) is prohibited. If the Customer breaches any of the terms in this legal notice, the Customer’s Subscriptions will automatically terminate and the Customer must immediately destroy or (at Wagglemag’s discretion) immediately return to Wagglemag at the Customer’s cost any copied, or printed extracts or whole Subscriptions
8.3 Any rights not expressly granted in these terms are reserved to Wagglemag
9. Termination:
Without prejudice to any other right or remedy available to Wagglemag, it shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability on Wagglemag’s part to the Customer and if the Subscriptions have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary in the event that:-
9.1 the Customer makes any voluntary arrangement with its creditors or a notice of intention to appoint an administrator is given by the Customer or its directors or by a qualifying charge holder (as defined in paragraph 14 of Schedule B1 to the insolvency Act 1986) or (being an individual or a firm) the Customer becomes bankrupt or goes into liquidation; or
9.2 an encumbrancer takes possession or a receiver is appointed of any of the Customer’s property or assets; or
9.3 the Customer ceases or threatens to cease to carry on business; or
9.4 the Customer breaches any of these Conditions; or
9.5 Wagglemag reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly
10. Wagglemag’s Right To Vary These Conditions:
10.1 Wagglemag has the right to revise and amend these Conditions from time to time.
10.2 The Customer will be subject to the policies and conditions in force at the time that the Customer orders Subscriptions from Wagglemag, unless any change to those policies or these Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by the Customer), or if Wagglemag notifies the Customer of the change to those policies or these Conditions before Wagglemag sends the Customer the Order Acceptance (in which case Wagglemag has the right to assume that the Customer has accepted the change to the Conditions
11. Miscellaneous provisions
11.1 Wagglemag may perform any of its obligations or exercise any of its rights hereunder itself or through its employees agents sub-contractors or suppliers
11.2 No waiver by Wagglemag of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or other provision
11.3 No failure by Wagglemag to exercise any power given to Wagglemag or to insist upon the strict compliance by the Customer with any obligation hereunder and no custom or practice of the parties at variance with the terms hereof shall constitute any waiver of any of Wagglemag’s rights under the Contract
11.4 If any provision(s) of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby
11.5Any notice given hereunder must be given in writing and delivered or sent by at least one of post or facsimile transmission or electronic mail to the residence or principal place of business or current and valid e-mail address of the party to whom it is addressed
11.6 These Conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999).
11.7 The Contract shall be governed by the Laws of England and subject to the non-exclusive jurisdiction of the United Kingdom Courts
11.8 Wagglemag shall be under no liability for any delay or failure to deliver Subscriptions or otherwise perform any obligation as specified in these Terms if the same is wholly or partly caused whether directly or indirectly by any circumstances beyond its reasonable control.
11.9 These Conditions including the documents or other sources referred to in these Conditions supersede all prior representations undertakings and agreements between the Customer and Wagglemag relating to the use of this Site (including the order of Subscriptions) and sets forth the entire agreement and understanding between the Customer and Wagglemag.
12. Wagglemag’s contact details
If the Customer has any questions about Subscriptions and/or these Conditions and/or the Site and/or the Wagglemag’s business generally please contact Wagglemag by sending an e-mail to wags@wagglemag.com or writing to Wagglemag PO Box 1240 Norwich NR8 6FR
©2008 Wagglemag. All rights reserved.
