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eshop Wiltshire

Terms and Conditions

These terms and conditions govern your use of the website eshop.wiltshire.gov.uk ('eshop') and your relationship with Wiltshire Council when using eshop. Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these terms and conditions, please do not register for or use eshop. Please note that to purchase items from eshop you are required to register as an authorised user.

1.Use of eshop

Welcome to the Wiltshire Council eshop. eshop is provided free of charge for your personal use, subject to these terms and conditions. By using eshop you agree to be bound by these terms and conditions.

2. Registration

To register with eshop you must be over eighteen years of age. You need to ensure that the details you provide on registration are correct and complete. If there are any changes to the information you provided on registration you need to update your personal details when they change.

3. Password and Security

When you register to use eshop you will be asked to create a password. You must keep this password confidential. You will be responsible for all orders that are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us at localstudies@wiltshire.gov.uk or 01225 713731.

4. Communications

You agree that email and other electronic communications between us satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

5. Formation of the contract

  • 5.1 Any contract for purchases made through eshop will be with Wiltshire Council, County Hall, Bythesea Road, Trowbridge, Wiltshire BA14 8JN.
  • 5.2 We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your registration form. Our acceptance of your order brings into existence a legally binding contract between you and us.

6. Price and Payment terms

  • 6.1 The price payable for goods that you order are as set out on your order form.
  • 6.2 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out on eshop.
  • 6.3 Payment of the whole of the price for the goods ordered (including delivery) is required prior to delivery. Payment is taken from you at the point the Council dispatches the Goods from our offices by the method you nominate in your order form. We accept payment by Mastercard, Visa, Visa Electron, Visa Debit, Delta, Connect, Switch, Maestro, Solo, Style.
  • 6.4 Details of our payment card partner SecPay security policy can be found here. (external link - opens new window)

7. Delivery

  • 7.1 We will deliver the goods by post to the address you give us for delivery on your registration form.
  • 7.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
  • 7.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

8. Customs charges

If you are ordering goods for delivery outside of the EU you will be the declarant and importer into the country for which the goods are destined. Your order may be subject to import duties and taxes, which are levied once the goods reach the country of destination. Any such charges levied in relation to customs clearance must be borne by you. It is accepted by you that we have no control over additional charges in relation to customs clearance. We recommend that you check with your local customs officials or post office for more information regarding importation taxes/duties that may be applicable to your overseas order.

9. Cancellation of the contract by us

  • 9.1 We reserve the right to cancel the contract between us if:
    • 9.1.1 we have insufficient stock to deliver the goods you have ordered; or
    • 9.1.2 we do not deliver to your area; or
    • 9.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
  • 9.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your payment card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

10. Cancellation of the contract by you

  • 10.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
  • 10.2 You cannot cancel your contract if the goods you have ordered are newspapers or magazines or if you have taken any audio or video recording or computer software out of the sealed wrapping in which it was delivered to you.
  • 10.3 To cancel your contract you must notify us in writing at the address above or by email to localstudies@wiltshire.gov.uk
  • 10.4 If you have received the goods before you cancel your contract then unless, under clause 10.2 you do not have a right to cancel you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
  • 10.5 Once you have notified us that you are cancelling your contract, any sum debited by us from your payment card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.

11. Liability

  • 11.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 20 working days of the delivery of the goods in question.
  • 11.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
  • 11.3 If you notify a problem to us under this clause, our only obligation will be, at your option:
    • 11.3.1 to make good any shortage or non-delivery;
    • 11.3.2 to replace or repair any goods that are damaged or defective; or
    • 11.3.4 to refund to you the amount paid by you for the goods in question in whichever way we choose.
  • 11.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 11.3.4 above.
  • 11.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
  • 11.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

12. Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address and all notices from us to you will be displayed on our website from to time.

13. Events beyond our control

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

14. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

15. Privacy and data protection

Please refer to our data protection and privacy statements. You acknowledge and agree to be bound by the terms of our privacy policy.

16. Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

17. Governing law

The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

18. Entire agreement

These terms and conditions, together with the order and acceptance, our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

19. Interpretation

In these terms and conditions:

  • 'eshop' means Wiltshire Council's website for the sale of library items at eshop.wiltshire.gov.uk/
  • 'we' 'ours' and 'us' refers to Wiltshire Council
  • 'working day' means every day of a calendar year apart from weekends and statutory and public holidays;
  • 'you' and 'your' means the person purchasing goods under these terms and conditions.

Extra Clauses

Disclaimer

The nature of Internet communications means that your communications may be susceptible to data corruption, interception and delays. Wiltshire Council shall not be responsible for any detrimental reliance you place on eshop or its contents. Wiltshire Council is providing eshop and its contents (including any downloadable data or software) on an 'as is' basis and makes no representations or warranties of any kind with respect to eshop or its contents and disclaims all such representations and warranties, whether express or implied, to the fullest extent permitted by applicable law. In addition, Wiltshire Council makes no representations or warranties about the accuracy, completeness or suitability for any particular purpose of the information and related graphics published in on eshop that any software or the server that makes it available are free of viruses or other harmful components.

The information contained in this site may contain technical inaccuracies or typographical errors. All liability of Wiltshire Council howsoever arising from any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

Neither Wiltshire Council nor any of its Directors, employees or other representatives will be liable for damages arising out of or in connection with the use of eshop in any way. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Intellectual Property

All design, text, graphics and the selection or arrangement thereof are the copyright of Wiltshire Council or of other copyright owners. Permission is granted to electronically copy and print in hard copy portions of eshop for the sole purpose of placing an order with eshop, or using eshop for personal non-commercial use. Any other use of materials on this site (including reproduction for purposes other than those noted above and modification, distribution, or republication) without the prior written permission of Wiltshire Council is strictly prohibited.

All trade marks, product names and company names or logos used in eshop are the property of their respective holders. No permission is given by Wiltshire Council in respect of the use of its or any such other trade marks, product names, titles or logos and such use may constitute an infringement of the holder's rights.

Hyperlinks

eshop may contain hyperlinks. These hyperlinks connect you to sites of other organisations which are not our responsibility. We have used our reasonable endeavours in preparing our own website and the information included in it is done so in good faith. However, we have no control over any of the information you can access via other websites. Therefore, no mention of any organisation, company or individual to which our website is linked shall imply any approval or warranty as to the standing and capability of any such organisations, company or individual on the part of Wiltshire Council.

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