Subscriptions Terms and Conditions

These are the terms and conditions, upon which DC Thomson & Company Limited (we) will sell you our subscriptions to our printed publications (Subscriptions).  Your purchase of any Subscriptions, whether such Subscriptions are bought online via the Site, over the telephone or by mail, is subject to these terms and conditions and by placing an order for any Subscription, you agree to be bound by them.  These terms only apply to sales to consumers – if you wish to make any business purchases of subscriptions please contact shop@dcthomson.co.uk. If you wish to purchase subscriptions to digital editions, please visit our digital editions page and our EULA for our digital downloads.

If you do not agree to these terms and conditions, please do not purchase any Subscriptions.

Defined terms used in these terms and conditions have the same meanings as they are given in our general website terms of use unless expressly defined in these terms.

We may change these terms and conditions from time to time by changing them on the Site. By continuing to purchase Subscriptions you accept these changes and agree to be bound by them. It is your responsibility to check the terms and conditions each time you purchase a Subscription from us. These terms and conditions were last updated in December 2012.

From time to time we may offer special offers or temporary promotions for our Subscriptions which may either be published on the Site or in our publications.  These may be subject to additional terms and conditions which we will let you know about in those offers.

The advertisement of Subscriptions on the Site or in our publications is an invitation to treat only and any order from you constitutes an offer to us to buy such Subscriptions. All orders are subject to acceptance by us. There will be no contract between you and us unless and until we accept your order in accordance with the procedures detailed in these terms and conditions.

 

Applicability of these terms and conditions

These terms and conditions only apply to the purchase of Subscriptions from DC Thomson & Company Limited, whether such Subscriptions are bought online via the Site, over the telephone or by mail. They do not apply to the purchase of products or to the purchase of digital downloads.  Please follow the applicable links on our website for the terms and conditions applicable to the purchase of products or the EULA for our digital downloads.

Any restrictions on delivery locations are as stated on the Site. Overseas customers can of course always purchase our digital editions.

All orders are subject to acceptance by us.

How to purchase a Subscription from the Site

You can choose to register with the Site, but you do not have to in order to purchase a Subscription from it.  If you do register, it will make the process of making a purchase quicker the next time you use the Site.  In registering, you will be providing certain personal information to us.

To make a purchase of a Subscription on the Site you will need to:

  • select which Subscription you wish to purchase;
  • select the start date of your Subscription (which will be the next available issue or any future issue within the next six months indicated by you) and delivery method and click “buy now”. You will be informed whether the Subscription qualifies for a free gift;
  • confirm the quantity of the Subscription(s) required and either click “Add to Basket” then continue shopping or “checkout” (as appropriate).  You can review your basket at any time to remove Subscriptions or alter the number of Subscriptions that you are buying by clicking on the “View Basket” icon.  You will be given the chance to review your order to check that it is accurate before you place your order;
  • complete your details and those of the recipient of the Subscription (if different from you) and the free gift (if appropriate);
  • make payment for the Subscription which can be made using a credit or debit card or direct debit;
  • we will then send you an initial acknowledgement by email and once we have checked whether we are able to meet your Subscription order and whether payment has been successful, we will either send you an order confirmation by email (order confirmation) (at which point your order will become a purchase and shall conclude the contract between you and us) or alternatively, we will confirm by email that we are unable to meet your order. Where we are unable to meet your order, we will aim to advise you if possible when we expect the Subscription to become available and you will be given the opportunity to proceed with your order or an alternative order or receive a refund;
  • once the order confirmation has been sent to you, we will deliver your Subscription in accordance with the Delivery section below.

How to purchase a Subscription over the telephone

To purchase a Subscription by telephone please call 0800 318846 for UK calls (free to UK landlines) or +44 1382 575580 for overseas calls. You will be asked what Subscription you would like to order and to provide your name, address, email address and payment details. Telephone lines are open from 9.00am-4.30pm Monday-Friday (UK time) however these opening times may be varied from time to time at our discretion.

We will then check your order including whether payment for the order has been successful and whether we can meet your Subscription order. We will then orally confirm acceptance of your order at which point your order will become binding and shall conclude a contract between you and us for the purchase of the Subscription or alternatively, we will confirm that we are unable to meet your order. Where we are unable to meet your order for any reason, we will aim to advise you when we expect the Subscription to become available and you will be given the opportunity to proceed with your order or an alternative order or a receive a refund. If you want to proceed with the order notwithstanding that there will be a delay in delivery, we will orally confirm acceptance of your order, at which point your order will become binding and shall conclude a contract between you and us for the purchase of the Subscription.

Where a contract has been concluded, we will send you a confirmatory email (where possible) and shall thereafter deliver the Subscription in accordance with the Delivery section below. If we do not have your email address, we will include written confirmation of the Subscription purchase when delivering the first issue of the Subscription. This is your order confirmation.

We may record all incoming and outgoing calls made in relation to ordering Subscriptions over the phone for regulatory and compliance purposes. We may also record the calls so that we have a record of your order. We will retain these recordings for no longer than is necessary and in accordance with our privacy policy .

How to purchase a Subscription by post

To purchase a Subscription by post, please send the appropriate coupon or your written request, together with a cheque or payment details for the appropriate amount, to DC Thomson Shop, PO Box 766, Haywards Heath. RH16 9GF.

Upon receipt of your order, we will then check your order including whether payment for the order has been successful and whether we can meet your Subscription order. If we accept your order it will become binding and shall conclude a contract between you and us for the purchase of the Subscription. If we are unable to accept your order, we will confirm that we are unable to meet your order in writing. Where we are unable to meet your order for any reason, we will aim to advise you when we expect the Subscription to become available and you will be given the opportunity to proceed with your order or an alternative order or receive a refund. If you want to proceed with the order notwithstanding that there will be a delay in delivery, please contact us by telephone on the numbers listed in the section above or write to us at the address above.

Where a contract has been concluded, we will send you a confirmatory email (where possible) and shall thereafter deliver the Subscription in accordance with the Delivery section below. If we do not have your email address, we will include written confirmation of the Subscription purchased when delivering the first issue of the Subscription. This is your order confirmation.

Your personal information

When you purchase a Subscription from us, whether from the Site, over the telephone or by post, you will need to provide us with certain personal information to enable us to process your order.

Our privacy policy sets out how we use any of your personal information you give us.

Any personal information which you provide to us when you register with the Site or purchase a Subscription must be true, accurate, current and complete in all respects.  You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use when purchasing Subscriptions. You will notify us immediately of any changes to any personal information supplied to us.

Gifts

Any free gifts offered when you purchase a Subscription are subject to availability. Where we offer you a gift with the purchase of a Subscription, every effort will be made to supply the gift illustrated but we reserve the right to provide an alternative gift if we cannot supply the original for any reason.

Our policy, unless indicated otherwise, is that any free gift will be sent to the recipient of the Subscription.  When you place an order for a Subscription, whether from the Site, over the telephone or by post you will be asked whether you would like a special message to be included in a gift card (if appropriate).

Age of consent

Although you can register as a user of our Site if you are under 16, please note that we do not sell Subscriptions to under 16s.  All Subscriptions must be purchased by an adult of 16 or over using their own account details.

By submitting an order, you are confirming to us that you are 16 or over.

If we discover or are of the opinion that you are not legally entitled to order a Subscription, we shall be entitled to cancel the order immediately, without notice to you.

Price and payment

All prices are inclusive of VAT where applicable at the current rates and delivery charges.

All prices are correct at the time they are given.  Prices are liable to change at any time but changes will not affect orders for which you have already paid. If we change the Subscription price (which we may do at any time), this will not affect your current Subscription but the higher price will apply upon its renewal.

The Site and the publications contain a large number of Subscriptions and it is always possible that some of the Subscriptions listed may be incorrectly priced.  We will verify prices as part of our sale procedures so that the correct price will be stated when you pay for the Subscriptions.  We will also confirm the price to you when you submit your order using the telephone. If we discover a manifest error with our prices then we may cancel your order and refund you.

You will have different payment options available to you when purchasing a Subscription and these will be brought to your attention during the ordering process and before the contract between you and us is concluded.

When making a purchase via the Site, you can either:

  • Pay using a credit or debit card through our secure third party payment gateway.  All credit/debit card purchases are subject to validation checks (which you consent to) and authorisation by the card issuer.   If the issuer of your payment card refuses to or does not for any reason authorise payment to us for a particular purchase, we will not accept your order. Please note that it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this; or
  • Pay via direct debit.  If you pay for your Subscription by Direct Debit, you are automatically protected by the Direct Debit Guarantee. Details of the Direct Debit Guarantee are available during the checkout process.  We will also send you a copy of this along with the details of the date of the first Direct Debit from your account and amount of subsequent payments.  Direct Debits will be taken from your account quarterly.    You may cancel the Direct Debit at any time by contacting your bank or building society but this will have the effect of also cancelling your Subscription and you will no longer receive any further issues once the cancellation has taken effect.

Payment options relating to purchase via the telephone or by post are set out in the relevant sections above.

Delivery

Unless we agree otherwise with you, the first delivery of the Subscription may take up to six (6) weeks to be delivered, with the next and subsequent issues being delivered at the normal frequency for that publication. Where possible, we will advise you at the time of purchase of the anticipated date of delivery of the first issue of the Subscription.

If a free gift is included in a Subscription which you have purchased, we shall use our reasonable endeavours to deliver this free gift, under separate cover from the Subscription and within twenty-eight (28) days of conclusion of the contract.

We shall use our reasonable endeavours to meet any date agreed for delivery, but we will not be liable for any losses, costs, damages or expenses incurred by you or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

Delivery of the Subscriptions shall be made to the delivery address specified in the order and you shall make all arrangements necessary to take delivery of the Subscriptions whenever they are tendered for delivery.

Gift Vouchers

We may also offer gift vouchers from time to time and if we do, they may only be redeemed in accordance with the terms specified on the voucher so please read these carefully. Please note that Subscriptions purchased using gift vouchers will only be delivered to addresses in the country or countries stated in the separate terms and conditions of the gift voucher.

E-Coupons

You may also offer you e-coupons from time to time, in which case you will be asked to provide the reference code of your e-coupon. If you are unable to provide us with the reference code or the code you provide to us has already been activated, we are not obliged to accept your coupon.  E-coupons are and remain the property of D C Thomson & Company Limited and are personal to you. They may not be transferred or reproduced or distributed. If we believe you are using an e-coupon unlawfully, we will refuse to honour it and you may be committing an offence. We reserve the right to cancel an e-coupon at any time before it has been used. E-coupons cannot be exchanged for cash, gift vouchers or other items. We may restrict you from using e-coupons on certain products or apply minimum spend restrictions. Where an e-coupon has been used for an order of more than one product, the value of the e-coupon is applied proportionately to the value of the whole order and if a product is returned you will receive the proportionate refund. Additional restrictions may apply – please refer to the terms on the e-coupons.

Continuous Subscriptions

When you take out a Subscription and pay using Direct Debit, it is on a continuous basis, meaning that your Subscription will automatically renew for the same subscription period as the initial subscription period. You may cancel your Subscription at any time after the initial subscription period on 30 days’ notice by emailing us at shop@dcthomson.co.uk or by writing to the Customer Care Manager, Enterprises Department, D C Thomson & Company Limited, 80 Kingsway East, Dundee DD4 8SL.

Title and risk

The issues of the publication subscribed to will be at your risk from the time of delivery.  Ownership of each issue will only pass to you upon the later of:

  • delivery of the relevant issue; and
  • receipt by us of full payment of all sums due in respect of the Subscription.

Cancellations

Cooling Off Period

If you change your mind or for any other reason decide you do not want to subscribe to one of our publications ordered by post, telephone or online from our Site, you may cancel your subscription up to seven working days after the day you receive the first issue of the publication you have subscribed to (or in the case where a Subscription is to be delivered to a third party on your behalf, the cancellation period ends seven working days from the day after the day the first issue of the subscribed publication is received by the third party).  In this case, you will receive a full refund of the price paid for the Subscription in accordance with our refunds policy (set out below).

You must also return all Subscription issues that you have received to us with the original packaging unopened within twenty-one days of cancellation, and at your own cost and risk.  If you have received a free gift with your Subscription, this must also be returned unopened along with the publication.  Returned issues must clearly show the order number obtained from us on the package and should be sent to the address noted at the end of these terms and conditions.

You have a legal obligation to take reasonable care of the publication while it is in your possession.  If you fail to comply with this obligation, we may have a right to claim the cost of any deterioration from you.

Details of any statutory right of cancellation, and an explanation of how to exercise it, are provided in the order confirmation.  This provision does not affect your other statutory rights as a consumer.

Cancellation after minimum subscription period expires

You may cancel a Subscription at any time after the expiry of the initial minimum subscription period stated in your order confirmation on 30 days’ notice by emailing us at shop@dcthomson.co.uk and in this event, we will give you a proportionate refund relating to the unexpired term of the subscription period where you have paid for this in advance.

Cancellation Process

To cancel a contract, you must inform us in writing, either to the address noted at the end of these terms and conditions or by emailing us at shop@dcthomson.co.uk.

Refunds

If you cancel a contract between us within the seven-day cooling-off period (see above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation.  We will refund the price of the publication in full, including the cost of delivery.  However, you will be responsible for the cost of returning the item to us.

All other refunds will be made as soon as reasonably practicable. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

Faulty Subscriptions

If any publication is damaged or faulty when delivered to you, we may offer an exchange or refund, as appropriate, in accordance with your legal rights.  If you believe a publication was delivered damaged or faulty, you must promptly inform us in writing, giving us your name, address and order reference.  Nothing in this section affects your legal rights.

Subscriptions information

It is not possible to describe every detail of the Subscriptions available to purchase on the Site or in a publication.  Each description is therefore abbreviated and to the best of our ability, is correct at the time of its input onto the Site.

Our rights to withdraw Subscriptions and publications

We reserve the right to withdraw any Subscriptions offered on the Site or in a publication at any time. We may, for example, cease to publish a publication at any time.

We shall not be liable to anyone for withdrawing any Subscription from the Site or a publication or for refusing to accept an order.

Where you have paid us any advance payments and we have withdrawn Subscriptions or a publication, we will offer you an alternative Subscription or a full refund for any advance payments relating to unfulfilled Subscriptions.

Liability

Nothing in these terms and conditions shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded.

Subject to this, in no event shall we be liable to you (whether caused by tort or by breach of contract or otherwise) for loss of anticipated savings, data, wasted time,  indirect or consequential losses, or for any loss of profit, revenue, contracts, goodwill or other similar losses whether directly or indirectly incurred.

We shall not be obliged to perform our obligations under this agreement to the extent that we are prevented, hindered or delayed by reason of ‘Force Majeure’ which shall mean any cause or event beyond our reasonable control and including: war, civil war, armed conflict, terrorist attack, riot, civil commotion, malicious damage; compliance with any law or governmental order, strikes, or other industrial disputes, accidents, explosions, breakdowns of plant or machinery, failure of transport links, failure of telecoms links, unavailability of the internet or any utility, fire, flood, storm or adverse weather conditions, epidemic or pandemic, acts of God  or failure to perform by our suppliers or sub-contractors.

Our liability to you arising under or in connection with these subscription terms or arising from or in connection with any breach or non-performance of these subscription terms no matter how fundamental (including by reason of our negligence) in contract, tort or otherwise in relation to any issue shall be limited to the fees you have paid to us for that issue.

General

If any part of provision of these terms and conditions are found to be unenforceable, this shall not affect the validity of any other part or provision.

You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. We may assign these terms and conditions or any rights hereunder without your consent or notice.

These terms and conditions supersede any previous versions.

These terms and conditions shall be governed by English law, and you agree that any dispute between us regarding them or the Site will only be dealt with by the English courts, provided that, if you are a consumer and not a business user and live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there.  Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.

Contacting us

Please submit any questions you have about these terms and conditions or any problems concerning the Site by email to online@eveningtelegraph.co.uk, by telephone on 01382 223131 between the hours of 9am to 5pm, Monday to Friday or write to us at: DC Thomson & Co Ltd, 80 Kingsway East, Dundee, DD4 8SL.

Last updated: December 2012 © DC Thomson & Company Limited 2012