Subject to the exceptions set out in clause 3 below, the customer has a statutory right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“the Regulations”) to cancel any order which has been accepted by MDL by giving notice in writing to the address shown on the invoice and marked for the attention of the Customer Service Manager.
8.1. Unless the reason for such cancellation is shortage, damage, defect in quality or condition, failure to correspond with order or non-delivery (in which case should be given and must be received within 30 days following the day on which the goods are delivered), notice must be received by the following date:
- If the customer orders a single product, the end date for the cancellation period is 14 days after the day on which the customer receives the product;
- If the customer orders either: (i) one product which is delivered in instalments on separate days; or (ii) multiple products which are delivered on separate days, the end date for the cancellation period is 14 days after day on which the customer receives the last instalment of the product/the last of the separate products ordered;
- If the customer orders the regular delivery of a product over a set period, the end date for the cancellation period is 14 days after the day on which the customer receives the first delivery of the products.
8.2. The customer may not cancel any order which has been accepted by MDL where such order is for the supply of newspapers, periodicals or magazines (excluding subscription contracts for such goods). The customer may not cancel any order which has been accepted by MDL, where such order is for an audio or visual recording (including audio books) or computer software if such recording or software has been unsealed by the customer.
8.3. If an order is cancelled the customer must return the goods concerned to the address shown on the invoice marked for the attention of the Customer Service Manager within 14 days of giving notice of cancellation of the order. Where such return is for reasons other than shortage, damage, defect in quality or condition, failure to correspond with order or non-delivery this will be at the customer's expense and liability.
To cancel an order, the customer must inform MDL that it has decided to cancel. The easiest way to do this is to complete the model cancellation form as provided with these Terms.
8.4. MDL will reimburse any sum paid by the customer for or in relation to the goods as soon as possible following receipt of notice of cancellation given in accordance with the appropriate time limit and in any case within 30 days of receipt of such notice. Other than in the case of cancellation for shortage, damage, defect in quality or condition,
failure to correspond with order or non-delivery (where the reasonable costs of returning the goods by the mechanism agreed with MDL will be reimbursed) this will not include reimbursement of the costs of returning the goods.
8.5. Any complaints should be sent in writing to the address shown on the invoice marked for the attention of the Customer Services Manager.
9.1. Unless payment has been made at the time of order in a form acceptable to MDL, orders received from consumers will be invoiced by MDL and payment will be due immediately upon receipt of the invoice or goods (whichever is the later). Where goods are ordered by a consumer for delivery to a third party the invoice will be sent separately to the consumer and not with the goods to the third party.
10.1. Delivery of goods is at the customer's expense and liability, unless otherwise agreed in writing by MDL or an authorised agent or representative of MDL, delivery charges being invoiced at the same time as the invoice of the goods.
10.2. MDL will use its reasonable endeavours to deliver all goods within 30 days of
receipt of the order for such goods and will in any case deliver all goods within 90 days of receipt of such order. If for any reason MDL is unable to deliver any goods within such 90 day period, it will notify the customer of this. Unless otherwise requested by the customer the relevant order will be treated as cancelled from the point of notification and MDL will reimburse any sum paid by or on behalf of the customer for or in relation to such goods. MDL will reimburse any such sum as soon as possible following notification to the customer and in any case within 30 days following the day after the expiry of the 90 day period.
10.3. If any goods ordered by the customer are to be delivered to a third party, then
delivery to such third party shall be treated as delivery to the customer and all relevant provisions of these terms and conditions shall apply accordingly.
11.1. If any provision of these Terms is held for any reason to be ineffective or
unenforceable in whole or in part this shall not affect the validity or enforceability of the other provisions of these Terms.
11.2. No waiver by the publisher of any breach of the agreement by the customer will be
treated as a waiver of any subsequent breach of the same or any other provision.
11.3. Any variation to these Terms shall be invalid unless otherwise agreed in writing by
an authorised representative of the publisher, including without limitation MDL.
11.4. MDL shall have the right under the Contracts (Rights of Third Parties) Act 1999 to
enforce and benefit from any term of this Agreement expressly made in their favour. Save as aforesaid, the parties do not intend for any third party to have any rights under this Agreement by virtue of the Contracts (Rights or Third Parties) Act 1999 or otherwise.
11.5. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and these Terms supersede all previous written or oral agreements, statements or representations. The
customer acknowledges and agrees that, in concluding these Terms, it has not relied on any representations, warranties, statements and/or agreements (whether express or implied, written or oral) of any kind or character whatsoever except as expressly set forth in these Terms and, the customer expressly waives any rights it may have in respect thereof.
11.6. The customer shall at all times keep confidential the terms of these Terms and all
materials, documents, data and information relating to the goods ("Information") and shall not use, publish or divulge the Information
to any other person, firm or corporation without the applicable publisher's prior written consent.
11.7. The customer may not assign, charge, license, subcontract, delegate or transfer
this agreement in any way whatsoever.
These Terms are governed by English law (in relation to both contractual and non-contractual obligations) and the English courts have exclusive jurisdiction to resolve any disputes relating to them.
Macmillan Distribution, a division of Macmillan Publishers International Limited
Registered Address: Cromwell Place, Hampshire International Business Park, Lime Tree Way, Basingstoke, Hampshire, RG24 8YJ
Company Registration Number: 02063302
VAT Number: GB 220 9036 43