1. These Terms
1.1 What these terms cover. These are the terms and conditions on which we supply our publications to you from our website, whether these are in print or eBook formats. Some of our eBooks are available through third party websites, which are subject to the separate terms and conditions of such third party sellers.
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.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if you are an individual or if you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
2.1 Who we are. We are International Chamber of Shipping Limited (“ICS”) a company registered in England and Wales. Our company registration number is 02532887 and our registered office is at Walsingham House, 35 Seething Lane, London, England, EC3N 4AH.
2.2 How to contact us. You can contact us by using the contact details shown on our website: https://publications.ics-shipping.org/contacts.php
2.3 How we may contact you. If we have to contact you, we will use the contract details you provide to us.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 Account Registration. In order for you to make a purchase from our website, we will require you to register an account with us which includes choosing a contact email address and password. You should keep your password safe and not disclose it to anyone.
3.2 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. The acceptance email will contain details such as your order number and total price. For the avoidance of doubt, our mere acknowledgement of our receipt of your order without confirmation of acceptance does not constitute our acceptance of your order.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be for a variety of reasons, such as if the product is out of stock, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product, because we are unable to meet a delivery deadline you have specified or for other reasons.
4. Product images on our website.
The images of the products on our website are for illustrative purposes only. Your product may vary slightly from those images. The packaging of the product may vary from that shown in images on our website.
5.1 Delivery costs. The costs of delivery will be as displayed to you on our website. In the case of international delivery (outside of the UK), we have no control over additional charges in relation to customs clearance. We recommend that you check with your local customs officials or postal service for more information regarding importation taxes/duties that may be applicable to your order.
5.2 When we will deliver the publication. During the order process we will let you know the estimated delivery date of the publication to you.
5.3 We are not responsible for delays outside our control. If our delivery of the publication is delayed by an event outside our control 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.
5.4 If you are not available when the product is delivered. If no one is available at your address to take delivery and the product cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery. You may have to pay additional charges for redelivery.
5.5 If you do not rearrange delivery. If, after a failed delivery to you, you do not rearrange delivery 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 rearrange delivery or collection we may end the contract and clause 8.2 will apply.
5.6 We may suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 11.4), we may suspend supply of the products until you have paid us the outstanding amounts. As well as suspending the products we can also charge you interest on your overdue payments (see clause 11.6).
6. Your rights to end the contract
6.1 Your rights to end 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, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is damaged or misdescribed you may have a legal right to end the contract (or to get the product repaired or to get some or all of your money back), see clause 10 if you are a consumer and clause 10.2 if you are a business;
(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 6.2; or
(c) If you are a consumer and have just changed your mind about buying product, see clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
6.2 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 (c) below, the contract will end immediately once you inform us in writing to the email address firstname.lastname@example.org and we will refund you in full for any products which have not been provided. The reasons are:
(a) 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;
(b) There is a risk that supply of the products may be significantly delayed or suspended because of events outside our control; or
(c) You have a legal right to end the contract because of something we have done wrong.
6.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer, how long you have to change your mind depends on what you have ordered and how it is delivered.
(a) If you have bought a printed publication, you have 14 days after the day you (or someone you nominate) receives the publication.
(b) If you have bought an eBook from us, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start to access or download the eBook. If we delivered an eBook to you within the 14 days, and you agreed to this when ordering, you will not have a right to change your mind.
7. How to end the contract with us (including if you are a consumer who has changed your mind)
7.1 Tell us you want to end the contract. To end the contract with us, please let us know by contacting us using our contact details as stated on our website: https://publications.ics-shipping.org/contacts.php
7.2 Returning products after ending the contract. If you end the contract for any reason after the publication has been dispatched to you, you must return it to us. You must return the publication to us at our address as stated on our website https://publications.ics-shipping.org/contacts.php. If you are a consumer exercising your right to change your mind you must return the publication to us within 14 days of telling us you wish to end the contract.
7.3 When we will pay the costs of return. We will pay the costs of return:
(a) If the publication is damaged or misdescribed; or
(b) If you are ending the contract because an error in pricing or description or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances you must pay the costs of return.
7.4 How and when we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the publication including delivery costs, by the method you used for payment. However, we may make deductions from the refund, for example:
(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 handling them in a way which would not be permitted in a shop. 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 that reflects the reduction in the value of the goods.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
7.5 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
(a) For printed publications, your refund will be made within 14 days from the day on which we receive the publication back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
(b) For eBooks, your refund (if due) will be made within 14 days of your telling us you have changed your mind.
8. Our rights to end the contract
8.1 We may end the contract if you break it. We may end the contract for a publication 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 7 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, the full valid delivery address;
(c) You do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
(d) You do not, within a reasonable time, allow us access to your premises to supply the services.
8.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 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 costs we will incur as a result of your breaking the contract.
8.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 14 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
If you have any questions or complaints about your order, please contact our customer service team: https://publications.ics-shipping.org/contacts.php.
10. Your rights in respect of defective products
10.1 If you are a consumer. If you are a consumer and wish to exercise your legal rights to reject any damaged or defective product you must return the product to us. We will pay the costs of postage or collection. Please call customer services on +44 2070 901 460 or email us at email@example.com. We will repair or replace the product or make a refund to you in accordance with your statutory right.
10.2 If you are a business:
(a) If you are a business customer, we warrant that on delivery, the printed publication will:
(i) conform in all material respects with their description and any relevant specification;
(ii) be free from material defects in design, material and workmanship.
(b) Subject to clause 10.2(c), if:
(i) you give us notice in writing within 14 days of delivery that the printed publication does not comply with the warranty set out in clause 10.2(a); and
(ii) we are given a reasonable opportunity to examine the delivered publication; and
(iii) you return it to us at our cost,
we will, at our option, repair or replace the defective printed publication, or refund the price of the printed publication in full.
(c) We will not be liable for a product’s failure to comply with the warranty in clause 10.2(a) if:
(i) you make any further use of printed publication after giving a notice in accordance with clause 10.2(b)(i);
(ii) you alter or repair the printed publication without our written consent; or
(iii) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
11. Price and payment
11.1 Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order (which includes the VAT). We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 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.
11.3 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. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
11.4 When you must pay and how you must pay. You must pay for the product(s) as directed by us during your online checkout process.
11.5 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
11.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the Bank of England base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12. Price and payment Our responsibility for loss or damage suffered by you if you are a business
12.1 Nothing in these terms shall limit or exclude our liability for:
(a) Death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) Fraud or fraudulent misrepresentation;
(c) Defective products under the Consumer Protection Act 1987; or
(d) Any matter in respect of which it would be unlawful for us to exclude or restrict liability.
12.2 Except to the extent expressly stated in clause 10.2(a) all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded to the extent permitted by law.
12.3 Subject to clause 12.1:
(a) We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
13. Other important terms
13.2 Transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 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.
13.5 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.
13.6 Which laws apply to this contract and where you may bring legal proceedings. Subject to any overriding national laws applicable if you are a consumer in a country outside of the UK, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
13.7 Copyright Notice. All text and graphics contained on our website is our copyright, or of other copyright owners. Any use of materials on this site without our prior written permission is strictly prohibited except for electronically copying and printing in hard copy portions of this website for the sole purpose of placing an order with us.
13.8 Promotional discounts. We may, from time to time, offer discount codes. Such codes cannot be used with any other voucher, coupon or offer and must only be used on our website https://publications.ics-shipping.org. All discount codes are subject to own Terms and Conditions.
Version date: 27 October 2021
Terms and Conditions of Online Sale