Terms and Conditions
We are Unique Magazines Limited, a company registered in England and Wales at Companies House. Our registered office is 33 Bellingham Drive, North Tyne Industrial Estate, Whitley Road, Benton, NE12 9SZ and our registered number is 04842207. Our VAT number is 828958664. The Website to which these terms and conditions apply and for which we are responsible is www.uniquemagazines.co.uk (the Website)
This agreement applies as between you, the User of this Website and Unique Magazines Limited, the owner of this Website. Your agreement to comply with, and be bound by, these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a confirmation email to you indicating that your order has been accepted (the 'Subscription Confirmation E-mail'). If you make a contract with a third party who is named or referred to on this Website, it is your responsibility to ensure that you are comfortable with the terms of that contract and to take legal advice if necessary.
Conditions relating to your use of this Web Site
- Your Account
- Access to our Website
- Your use of this Website and Intellectual Property Rights
- Your conduct
- Information on this Website
- Our liability to you
Conditions relating to the Sale of Goods to you
- Our Contract
- Direct Publications
- Digital Publications
- Other Publications
- Refund Policy
- No Waiver
- Changes to the Services and these Terms and Conditions
- Governing Law and Jurisdiction
Conditions relating to your use of this Website
1. Your Account
To order Goods on this Website, and to use the facilities, you are required to create an Account which will contain certain personal details and payment information which may vary based upon your use of the Website as we may not require payment information until you wish to place an order. By continuing to use this Website you represent and warrant that:
- all information you submit is accurate and truthful;
- you have permission to submit payment information where permission may be required; and
- you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
If you have reason to believe that your Account details have been obtained by another without consent, you should contact us immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, we accept no liability or responsibility.
Please ensure the details you provide us with are correct and complete and inform us of any changes to the information.
2. Access to our Website
The Service is provided 'as is' and on an 'as available' basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
4. Your use of this Website and Intellectual Property Rights
We have made this Website available to you for your use. We may modify, withdraw or deny access to this Website at any time.
This Website and all the materials contained in it are protected by intellectual property rights, including copyright, and either belong to us or are licensed to us to use. Materials include, but are not limited to, the design, layout, look, appearance, graphics and documents on the Website, as well as other content such as articles, stories and other text. Unless otherwise expressly indicated, all intellectual property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable. You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by us, the relevant manufacturer or supplier.
5. Your conduct
You take full responsibility for all information and instructions transmitted through the Website using your user name and/ or password. All such information will be considered sent and authorised by you. You agree that you will not use the Website as follows:
- to send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene, or in breach of any other person's intellectual property rights or breaches any obligation of confidentiality by which you are bound;
- to send or distribute multiple unsolicited emails or messages ('Spam') or to cause any other person annoyance, inconvenience or worry;
- for any purposes connected to any business, including sending any unsolicited advertisements or promotional material;
- to use or attempt to use any software, engine, or any other means to navigate or search this Website other than the navigation tools and search facilities available on this Website and general third party browsers;
- to carry out any activities in relation to 'screen scraping' or 'database scraping' to obtain lists of users, URLs, internet keywords or other information;
- to access the Web Site by any means other than through the interface that is provided by us for use in accessing the Website;
- to use or transmit any material that contains software viruses or any other computer code, file or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to the Website;
- to do anything which imposes an unreasonable or disproportionately large load on the Website’s infrastructure;
- to interfere with or disrupt the Website or servers or networks connected to the Website or disobey any requirements, procedures, policies or regulations of networks connected to the Website; or to collect or store personal data about other users of this Website whether or not for commercial purpose without their consent. This means no posting of phone numbers, addresses or any other private information without the express permission of that individual.
6. Information on this Website
Whilst we try and ensure the information contained on the Website is accurate and up to date, we cannot be responsible for any inaccuracies in the information. As a result, you should not rely on this information, and we recommend that you take further advice or seek further guidance before taking any action based on the information contained on this Website. Our liability to you as explained above remains unaffected by this.
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Unique Magazines Limited. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
7. Our liability to you
To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its content is at their own risk.
We are only liable to you for losses which you suffer as a result of a breach of these terms and conditions by us. We are not responsible to you for any losses which you may incur which were not a foreseeable consequence of us breaching these terms and conditions, for example if you and we could not have contemplated those losses before or when you access this Website, subject to clauses 9 and 10.
Nothing in these Terms and Conditions excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on the part of Unique Magazines Limited.
Nothing in these Terms and Conditions excludes or restricts our liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
Conditions relating to the Sale of Goods to you
1. Your Account
When you place an order to purchase a subscription from this Website, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a subscription which is accepted by us when we send e-mail confirmation to you that we’ve accepted your subscription (the 'Subscription Confirmation E-mail'). That acceptance will be complete at the time we send the Subscription Confirmation E-mail to you.
The following terms and conditions apply to your Subscription save as:
- Clause 9 only applies to Direct Publications
- Clause 10 only applies to Other Publications
You understand that if you are subscribing to both a Direct Publication and an Other Publication at the same time, different terms and conditions will apply to each Publication.
'Direct Publications' are those which are distributed by Unique Magazines, from the Unique Magazines offices. Click here to view the list of Direct Publications which are Distributed by Unique Magazines. A publication that is not a Direct Publication is an 'Other Publication'
2. Direct Publication
If you are subscribing to a Direct Publication, this clause 8 shall also apply to you:
Unique Magazines Limited is not a publisher of magazines nor can it guarantee that the publication to which you subscribe will be available for the entirety of the subscription period. However, in the event that a publication is discontinued or is unavailable during the subscription period, Unique Magazines Limited will provide you with a refund of your payment pro-rated for the remainder of the subscription period during which the publication is unavailable.
Once you have received the Subscription Confirmation E-mail we will post the publication to you as soon as practicable. We will aim to post the first publication to you within a reasonable time of the publication being circulated (whether on a weekly, monthly, quarterly or other basis). You accept that factors outside our control may mean delivery is later than expected. If you are concerned about a delivery in any way then please do not hesitate to contact us. We will endeavour to make sure that your concerns are dealt with.
As an intermediary, we have no control over the general availability of publications. If we are unable to provide you with your publication due to matters outside our control (except where we have posted the publication and it has not reached you), you will receive a refund in respect of the period during which you did not receive the unavailable publication. For example, if you only receive 11 out of 12 issues in one year and we have not sent you the last publication, we will refund you 1/12 of the subscription price you paid.
The prices quoted on the Website include delivery charges and taxes (where applicable) unless stated otherwise.
Further to Clause 7, our liability to you shall in no event exceed the amount you have paid to us in respect of any period during which the publication to which you have subscribed is unavailable for any reason.
Many weekly publications feature a double issue in December to cover the Christmas period. We have built the cost of these double issues into our subscription prices. For example, Take A Break magazine publishes 51 Issues per year, with the week before Christmas being a double issue. We have priced our subscription at 52 issues to cover the double issue. At this time, 2 issues of your subscription will be allocated.
Click here to view the list of Direct Publications which are Distributed by Unique Magazines
3. Digital Publications
If you are subscribing to a publication that is made available to you through Magzter, Inc. or using the 'Magzter' application or platform, your access and use of such publication, application and platform is subject to the terms and conditions specified by Magzter, Inc ('Magzter') that is available at http://www.magzter.com/terms-and-conditions. Magzter reserves the right to change, amend or modify Magzter’s terms and conditions at any time. Any such change, amendment or modification of Magzter’s terms and conditions, will be notified on Magzter’s Site, from time to time on implementation of such change. If any changes or updates to Magzter’s terms and conditions are not to your acceptance, you should immediately cease use of Magzter site or application. Your continued use of Magzter’s site or the services after a change or update has been made to Magzter's terms and conditions will constitute your acceptance of such change or update. In the event of a conflict between the terms and conditions of this Agreement and those of Magzter’s terms and conditions, the Magzter’s terms and conditions shall prevail to the extent that such publication is made available to you by Magzter.
4. Other Publications
If you are subscribing to a publication other than a Direct Publication ('Other Publication'), this section 10 shall apply to you:
We act as an agent on behalf of the publisher of the publication(s) to which you are subscribing, and have no control over the availability or distribution of the publication(s) which are covered by these terms and conditions. Your contract is with the publisher and not with Unique Magazines Limited and our liability to you for providing the publication(s) is limited as described below.
When you place an order on the Website we will forward your offer to the publisher of the relevant magazine, to arrange for you to subscribe to that magazine. If the publisher accepts your offer, we will confirm acceptance of your offer to buy the subscription by sending to you a Subscription Confirmation E-mail. We will then supply your contact information and order details to the publisher of the magazine you wish to subscribe for and we will (on behalf of the publisher, having been authorised by the publisher to do so) collect your payment from you via your preferred payment method. If the publisher rejects your offer, your payment will be refunded within seven days of such rejection.
After your subscription has been set up by the publisher, the publisher will deliver or arrange for delivery of your magazine to you as soon as practicable in its publication run. We have no control over delivery and no access to any information relating to your delivery. Any problems with delivery should be notified to the publisher. If you are concerned about a delivery in any way and have not been able to get a satisfactory response from the publisher then please do not hesitate to contact us. We will use reasonable efforts to make sure that your concerns are dealt with, but our liability to you in respect of this is set out above.
If at any time during your subscription you change address you should notify the publisher directly.
We have no control over cancellations or refunds. You must contact the publisher directly to end your subscription once it has commenced. Many publishers offer partial refunds for issues you will not receive should you choose to cancel a subscription.
The prices quoted on the Website include delivery charges and taxes (where applicable) unless stated otherwise.
Further to Clause 7, our liability to you shall not in any circumstances include any business losses that you may incur, including but not limited to lost data, lost profits or business interruption. Our liability to you shall in no event exceed the amount we are able to recover from the publisher of the magazine which is the subject of your order.
5. Refund Policy
The following Refund Policy applies to both Direct Publications and Other Publications
We aim to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
All paid Subscriptions are non-refundable. Subscriptions may be cancelled within seven days of receipt of 1st issue and the amount paid to Unique Magazines Ltd for the full subscription less the first issue and an administration charge will be refunded in full. Unique Magazines Ltd will terminate the subscription transaction at the time of refund. This refund policy does not apply where Unique Magazines Ltd have failed to meet the needs of customer subscriptions i.e. none receipt of goods, poor publisher delivery performance, in these circumstances customer complaints on subscription services wishing to be cancelled after seven days of first issue will be dealt with independently.
Should you wish to cancel we can provide a refund on any issues outstanding subject to an administration charge of £5. Alternatively, we may be able to change this to another subscription of equivalent value; however this is subject to our exclusive discretion .
If you wish to return Goods to us for any of the above reasons, please contact us using the details on the Contact Page to make the appropriate arrangements.
We reserve the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
- Any use or enjoyment that you may have already had out of the issue and/or subscription;
- Any characteristics of the Issues and/or Subscriptions which may cause them to deteriorate or expire rapidly; and
- The fact that the Issues and/or Subscriptions consist or contain audio or video recordings or computer software and that the packaging has been opened;
Such discretion to be exercised only within the confines of the law.
Unique Magazines Ltd reserves the right to revise the terms of this Refund Policy. Any changes made will apply to all paid subscriptions after the date such changes were implemented.
6. No Waiver
If you breach these terms and conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms and conditions.
7. Changes to the Services and these Terms and Conditions
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If we are required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
8. Governing Law and Jurisdiction
These terms and conditions and the relationship between you and us shall be governed by and construed in accordance with the Law of England and Wales and Unique Magazines Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.