Terms And Conditions - Old
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. On this website and in correspondence relating to our subscriptions, the terms “Our Media” "We" and "Us" refer collectively to Our Media Limited and its subsidiary companies in the UK. Our Media Limited is a company incorporated in England and Wales under company number 5715415, whose registered office is at Eagle House, Colston Avenue, Bristol, BS1 4ST.
Our VAT registration number is GB 439 1450 93
2.2 How to contact us. If you have any questions about these terms and conditions, please contact us . You may also find answers to your questions in our Frequently Asked Questions section.
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a subscription from us, we will send you a message confirming receipt of your order and containing the details of your order (the "Order Confirmation"). The Order Confirmation confirms acceptance of your offer to buy the subscription(s) ordered. For one-off products (e.g. special editions, merchandise or back issues), we only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you.
3.2 Your status. By placing an order through the website you warrant that you are legally capable of entering into binding contracts, you are at least 18 years old and that the information you have provided with your order is complete and accurate. You agree not to reproduce, duplicate, copy, sell, resell or exploit the products or any portion of them without express written permission by us.
3.3 If we cannot accept your order. We are under no obligation to accept your order. However, if we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be, for example, because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, because a digital product is no longer available on your preferred platform, because an order (in our sole judgment) appears to be placed by dealers, resellers or distributors, or because we are unable to meet a delivery deadline you have specified.
3.4 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. If you have ordered a subscription, we will also assign a subscription number to your order and email or post this to you. It will help us if you can tell us the order number and/or subscription number whenever you contact us about your order.
5. SPECIAL OFFERS
5.1 Short-term introductory offers and free trials. We sometimes run short-term introductory offers or free trials for our subscription products (e.g. 3 issues for £5, 6 issues for £9.99). These offers include an introductory rate or free trial period that increases to a standard subscription rate after the initial payment term or free trial period. These offers are open to new customers only. We reserve the right to reject or cancel any subscription purchased using a short-term introductory offer or free trial at any point if the customer has previously purchased a subscription for that magazine or any other magazine in the Our Media portfolio.
5.2 Introductory offers with Added Extras. We sometimes run introductory offers for our subscription products that include an "Added Extra" in the promotion (e.g. subscribe and receive a Roberts Radio). These introductory offers are open to new customers only. We reserve the right to reject or cancel any subscription purchased using an introductory offer with an Added Extra at any point if the customer has previously purchased a subscription for that magazine. Should the Added Extra be unavailable we reserve the right to offer an alternative gift of equal value.
6. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to your order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 9 - Your rights to end the contract).
7. OUR RIGHTS TO MAKE CHANGES
7.1 Minor changes to the products. We may change the products:
(a) to reflect changes in relevant laws and regulatory requirements;
(b) to give effect to editorial changes, such as the size of the publication; and
(c) to implement minor technical adjustments and improvements to our digital content, e.g. to address a security threat. These types of changes might mean that access to such content is limited temporarily.
7.2 More significant changes to the products and these terms. In addition, we may make other changes to these terms or the products, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7.3 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description that we provided to you before you bought it.
8. PROVIDING THE PRODUCTS
8.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
8.2 When we will provide the products. During the order process we will let you know when we will provide the products to you.
(a) Have you ordered a print subscription? Print subscription copies should arrive by the on-sale date of the magazine. We will supply each issue to you until the subscription expires or you end the contract as described in Clause 9 or we end the contract by written notice to you as described in Clause 11. For introductory offers with Added Extras, please allow up to 6 weeks from the date of your order for delivery of your Added Extra.
(b) Have you ordered a digital subscription? We will make the digital content available for download by you via the relevant app within 24 hours of accepting your order. An email confirmation will be sent to you once you have access to the digital content. In order to view the digital content, you must download the relevant app as specified on our website (i.e. via the App Store or Google Play). It is your responsibility to ensure that you have access to a device that is compatible with the app required to view that content. Any subscription for digital content will start with the next available issue, and you will be granted access to the current on-sale issue free of charge. We will supply each issue to you until the subscription expires or you end the contract as described in Clause 9 or we end the contract by written notice to you as described in Clause 11.
(c) Have you ordered a one-off product (e.g. special editions, merchandise or back issues)? We will deliver these to you within a reasonable period of time. Please allow up to 28 days for delivery from the date of your order being placed.
8.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control (such as adverse weather conditions) then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
8.4 If you are not at home when the goods are delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox or left at a nominated safe place, we will leave you a note informing you of how to rearrange delivery or collect the goods from a local depot. Re-delivery is available only for certain deliveries and may not be available outside of the UK.
8.5 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect the goods from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 11 will apply.
8.6 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
8.7 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under Clause 8.8, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
8.8 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under Clause 8, you can cancel your order for any of the goods or reject goods that have been delivered. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. Please use the return label that was dispatched to you. If you cannot find this label, please contact us for a new return label. We will pay the costs of postage or collection.
8.9 When you become responsible for the goods. The goods will be your responsibility from the time we deliver the goods to the address you gave us.
8.10 When you own goods. You own the goods once we have received payment in full.
8.11 What will happen if you do not give required information to us. We may need certain information from you (such as your current postal address) so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, if you give us incomplete or incorrect information, or if you do not keep this information updated (e.g. if you move home and do not tell us your new postal address), we may either end the contract (and Clause 11 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.12 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see Clause 7); or
(d) deal with the temporary suspension of a publication.
8.13 Your rights if we suspend the supply of products.
(a) Have you ordered a print or digital subscription? If a publication you have subscribed to will be unavailable temporarily, we will contact you in advance to tell you we will be suspending supply of the publication, unless the problem is urgent or an emergency. If the publication is unavailable for longer than 2 weeks we will adjust the price so that you do not pay for products while they are suspended, and we will allow you to cancel your contract with a full refund of any sums you have paid in advance for the subscription.
(b) Have you ordered a one-off product (e.g. special editions, merchandise or back issues)? We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than one month and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
8.14 We may also suspend your subscription if you do not pay. If you do not pay us for your print or digital subscription when you are supposed to (see Clause 13.5) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see Clause 13.7). We will not charge you for the products during the period for which they are suspended.
9. YOUR RIGHTS TO END THE CONTRACT
9.1 Ending your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see Clause 12
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 9.3;
(c) If you have just changed your mind about the product, see Clause 9. If you have bought a print or digital subscription, you will receive a full refund on any outstanding issues. If you have bought a one-off product (e.g. special edition, merchandise or back issues), you may be able to get a refund if you are within the cooling-off period (see Clause 9.4(b)), but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) At the end of a trial subscription period, see Clause 9.5.
9.2 Exceptions to the right of cancellation. Please note that you are unable to cancel purchases of one-off print products (e.g. special editions or back issues) once your order has been accepted by us subject to Clause 12. The right of cancellation also does not apply to:
a) the delivery of products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery;
b) the supply of goods made to your specifications or clearly personalised; or
c) the delivery of sealed audio or video recordings or of sealed software if unsealed by you after delivery.
9.3 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and/or any outstanding issues. You may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 7.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month; or
(e) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late).
9.4 How long do I have to change my mind?
(a) Have you bought a print or digital subscription? In this case you may cancel a subscription at any time and receive a full refund on any outstanding issues by contacting us
(b) Have you bought a one-off product (e.g. special edition, merchandise or back issues)? If so you have 14 days (or 28 days for overseas deliveries) after the day you (or someone you nominate) receive the goods, unless your goods are split into several deliveries over different days, in which case you have until 14 days (or 28 days for overseas deliveries) after the day you (or someone you nominate) receive the last delivery to change your mind about the goods. You will need to return the product to us. You will be responsible for the cost of returning the item to us, unless Clause 10.3 applies.
9.5 Ending the contract at the end of a trial. Your subscription will continue at the normal subscription rate advertised with the offer you redeemed, unless you tell us otherwise. If you do not want to continue after your trial, you must cancel at least 14 days before your next payment date by contacting us (see Clause 10). You can find your next payment date on your welcome email/letter or in your ourmediashop.com account area.
10. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
10.1 Tell us you want to end the contract. To end the contract with us, please let us know by contacting us. Please provide your name, home address, details of the order and, where available, your phone number and email address.
For recurring payments such as direct debit, you can also contact your bank or building society to cancel the payments.
10.2 Returning products after ending the contract. If you end the contract for any reason after a product has been dispatched to you or you have received them, you must return them to us. Please use the return label that was dispatched to you. If you cannot find this label, please contact us for a new return label. The products must be complete and in the same condition as when you received them. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
10.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
(c) if we delivered the products to you in error.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
10.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
10.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your mishandling of them. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
10.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If you have returned a one-off product (e.g. special edition, merchandise or back issue) to us, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see Clause 10.2.
(b) If you have cancelled a print or digital subscription, your refund will be made within 14 days of your telling us you have changed your mind.
11. OUR RIGHTS TO END THE CONTRACT
11.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, current postal address;
(c) you do not, within a reasonable time, allow us to deliver the products to you;
(d) you reproduce, duplicate, copy, sell, resell or exploit any of our products or any portion of them without express written permission by us; or
(e) we have reason to believe you are placing orders as a dealer, reseller or distributor.
11.2 You may have to compensate us if you break the contract. If we end the contract in the situations set out in Clause 11.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11.3 We may withdraw a publication. We may write to you to let you know that we are going to stop providing one of our publications. If you have subscribed to this publication, we will let you know in advance of our stopping the supply of the publication and will give you the option to either receive an alternative publication on a subscription basis at the same price, or to cancel your contract with a full refund of any sums you have paid in advance for the subscription.
12. IF THERE IS A PROBLEM WITH THE PRODUCT
12.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us.
12.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products where there is a problem with the product, you may be required to post them back to us. Please use the return label that was dispatched to you. If you cannot find this label, please contact us for a new return label. We will pay the costs of postage.
13. PRICE AND PAYMENT
13.1 Product prices. Prices for our products are subject to change without notice. We reserve the right to modify or discontinue a product or price offer without notice at any time. Discount savings for subscriptions are calculated against the full subscription price (basic annual rate).
13.2 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 13.4 for what happens if we discover an error in the price of the product you order.
13.3 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
13.5 When you must pay and how you must pay. We accept payment with Direct Debit, Visa, Mastercard and PayPal. When you must pay depends on what product you are buying:
(a) For print subscriptions and one-off products (e.g. special editions, merchandise or back issues), you must pay for the products before we dispatch them. If you have ordered a subscription using a free trial, you will be charged if you do not cancel before the end of the free trial period – see Clause 5.1.
(b) For digital subscriptions, you will receive the first issue free of charge but you must pay for the subscription before you download any further issues. If you have ordered using a free trial, you will be charged if you do not cancel before the end of the free trial period – see Clause 5.1.
13.6 Direct debit offers. Direct debit offers are available to UK billing and delivery addresses only. Direct debit customers are covered by the Direct Debit Guarantee.
13.7 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
14.3 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
14.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal information as set out in our Privacy Policy
16. OTHER IMPORTANT TERMS
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within a reasonable period of us telling you about it and we will refund you any payments you have made in advance for products not provided.
16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
16.7 Alternative dispute resolution. If there's something you're not happy with, please contact us so that we can try to put matters right. If after following our internal complaints procedure you still feel that we have not satisfactorily resolved your complaint, you can submit a complaint to an alternative dispute resolution ("ADR") provider. A list of approved UK ADR bodies is available here. In addition, please note that disputes may also be submitted to the European Commission Online Dispute Resolution platform by following this link.