Terms & Conditions
Agreement to the Terms
- These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and The Portobello Bookshop ("Company", "we", "us", or "our"), concerning your access to and use of the website www.theportobellobookshop.com as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use.
- Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
- The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
About The Company
- We are The Portobello Bookshop Ltd, whose registered office is situated at 46 Portobello High Street, Edinburgh, EH15 1DA, Scotland, company registration number SC722514.
- We operate the website www.theportobellobookshop.com and any webpages under this domain address.
Availability of Our Services
- Our website services are available to individuals resident in countries where we are able to deliver any supplied goods. This list of countries is available in the billing and/or delivery section of the checkout page.
- If you wish to place an order from a country that is not included in this list, you are invited to contact the Company in writing, by phone, or via the contact form on the website.
Your Details and Status
- When you register for an account on The Portobello Bookshop website, you will be required to enter a contact name, email address and password. All sessions and transactions taken under these details are your responsibility. Please keep your password safe and do not disclose it to anyone. You should change it immediately if you feel it has been compromised.
- By placing an order through our site, you warrant that you are legally capable of entering into binding contracts.
- When placing an order for a product outside the website order process (for example in person in the shop, over the phone, or via email), you will be required to provide a contact name, email address and/or phone number (and a delivery address if applicable).
- If any of your details change, such as your delivery or billing address, you must inform The Portobello Bookshop as soon as possible.
- You may update your details (such as email, phone number, password) by signing into your account on The Portobello Bookshop website and updating the relevant section.
- You may also checkout as a guest on The Portobello Bookshop website. You will be required to enter a contact name and email address. All sessions and transactions taken under these details are your responsibility.
- If you would like to delete your account with The Portobello Bookshop, you must notify us via email, phone, or via the contact form on our website.
The Contract Between Us
- Any contract for purchases made through the website will be with The Portobello Bookshop Ltd, whose registered office is situated at 46 Portobello High Street, Edinburgh, EH15 1DA, Scotland, company registration number SC722514.
- For any order placed through the website, The Portobello Bookshop must receive payment of the whole of the price for the goods that you order before your order can be processed, and the contract formed.
- Payment is taken securely and in full at checkout once the order form has been completed.
- Once payment has been processed successfully, The Portobello Bookshop will confirm that your order has been received by sending an acknowledgement email to you at the contact email address you provided at checkout. This email will include your name, the order number and the total price (and any tax, if applicable).
- The acknowledgement email does not constitute acceptance of the order by the Company. All orders are subject to acceptance or refusal by the Company.
- The Portobello Bookshop's acceptance of your order brings into existence a legally binding contract between us on these terms. Any term sought to be imposed by you in your order will not form part of the contract.
- Orders are confirmed as accepted by the Company through a separate dispatch confirmation email. The contract formed between us is only in relation to those products confirmed as dispatched by us. The Company will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
Availability of Goods You Order
- In some circumstances, we may place a limit on the number of copies of a particular book or product, or series of books or products, (such as signed and/or exclusive editions) that are available to order, or that you can order at any time. This may, for example, be where we have limited stocks of a particular book or product, whether caused by limitations placed on us by our suppliers, where a book is signed by an author, or otherwise. Where we are aware of this, we will make this clear to you prior to an order being placed.
- Whether or not we have notified you before you have placed an order, if The Portobello Bookshop has insufficient stock to deliver some or all of the goods ordered by you, or where you have ordered or sought to order (whether in one transaction or multiple transactions, and whether from one or more customer accounts) goods in excess of any quantity limits we have imposed, we will notify you as soon as possible of which parts of your order we will accept and which we will reject.
- Sums debited (if any) by The Portobello Bookshop from your debit or credit card, or from any other source of payment in respect of goods we are unable or unwilling to supply to you will be re-credited to your account and The Portobello Bookshop will notify you by email at the address given by you in your order form of which orders have been satisfied and which have been rejected. Any refund will be made as soon as possible.
- The Portobello Bookshop will not be obliged to offer any additional compensation for disappointment suffered.
- Please also note: in furtherance of the above provisions, we endeavour to bring our customers the best value we can by running special offers, but please remember stocks are limited at the special offer price, and subject to availability. We update our website as quickly as we can to minimise disappointment. The process of updating the website when goods have sold out at promotional price can take time to update. Please note that the price the goods are offered at are as displayed in the Shopping Basket.
Signed & Dedicated Books
- The Portobello Bookshop often makes signed or exclusive stock available for purchase with the option of having a personalised dedication added by the author(s) to the book in question. Where the dedication opportunity is applicable, any dedication requests made by you are your responsibility. Should the dedication contain any errors made by you, The Portobello Bookshop shall have no liability to you unless you notify The Portobello Bookshop of the problem, either by phone, email, or in writing using our online contact form, prior to the date of the signing.
- In the case of personalised dedications, it is the discretion of the author(s) whether to fulfil a particular dedication. The Portobello Bookshop cannot be held responsible if the dedication is different from your original request, or if the author chooses not to write a particular dedication.
Delivery of Goods to You
- The Portobello Bookshop will post, or arrange a courier on your behalf, for the goods ordered by you to the person and address you give The Portobello Bookshop at the time you make your order.
- For goods delivered outside of the UK, the consignee (i.e. the person to whom the consignment is sent) will be the declarant and importer into the country for which the consignment is destined. The consignee will be responsible for both customs clearance and payment of customs duties and local taxes where required.
- Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of dispatch of the order. All delivery times quoted on the website are estimates only, based on availability, normal processing and delivery companies.
- You will become the owner of the goods you have ordered when the goods are dispatched to you.
- In the case of click-and-collect orders, you will become the owner of the goods you have ordered when the goods are first made available for collection.
Customs Charges
- If you are ordering goods for delivery outside of the UK, please note that your order may be subject to VAT (Value Added Tax), other taxes, customs duties and/or fees levied by the destination country. The Portobello Bookshop will make every effort to make such charges clear at the checkout. Any such charges levied in relation to customs clearance must be borne by you. It is accepted by you that The Portobello Bookshop has no control over additional charges in relation to customs clearance. The Portobello Bookshop recommends that you check with your local customs officials or post office for more information regarding importation taxes/duties that may be applicable to your online order.
Cancellations, Returns and Refunds
- There are certain circumstances in which the contract may be cancelled and these are set out below.
- The Portobello Bookshop is entitled to withdraw from any contract in the case of obvious errors, inaccuracies, or limitations regarding the goods we have in stock or appearing on our website. If such a circumstance is discovered with regards to the availability, version, or advertised price of the goods that you have ordered, we will contact you as soon as possible by email. This will be to inform you of the correct information pertaining to the goods, and (if applicable) to ask you if you wish to continue with the order, or to cancel the order altogether.
- You may request to cancel your order at any time prior to dispatch of the order from our supplier's warehouse or from our premises, by informing The Portobello Bookshop in writing or via the contact form on www.theportobellobookshop.com.
- If you wish to cancel the order, but the order has already been dispatched and/or you have already received the goods, you must arrange a return by contacting The Portobello Bookshop in writing or via the contact form on www.theportobellobookshop.com. In this event, the cancellation and return request must be submitted within 30 days of receiving the order.
- Any return request by you must first be accepted by The Portobello Bookshop. We do not accept unsolicited returns.
- Any return must be made to The Portobello Bookshop return address at your own cost and risk, or returned in person to a member of staff at The Portobello Bookshop store, unless the goods were supplied faulty or damaged (see the Liability section).
- If you have ordered goods for collection from The Portobello Bookshop [46 Portobello High Street, Edinburgh, EH15 1DA, UK], you will have 6 months to collect your goods. If the goods have not been collected within this time frame, The Portobello Bookshop will be entitled to cancel your order, return any goods to stock for resale (if applicable), and supply a refund (if applicable).
- If the products are accepted for return or refund by The Portobello Bookshop, and once we have received and processed any returned products, we will re-credit any sum debited to us from your original payment method as soon as possible.
- In the instance where we are unable to refund directly to the original payment method, a refund will be issued in the form of store credit (voucher or gift card, both of which are subject to their own Terms and Conditions).
Liability
- If the goods The Portobello Bookshop delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, The Portobello Bookshop shall have no liability to you unless you notify The Portobello Bookshop of the problem, in writing using our online contact form within 30 working days of the delivery of goods in question.
- If you do not receive goods ordered by you within 30 days of the date on which they were dispatched to you, The Portobello Bookshop shall have no liability to you unless you notify The Portobello Bookshop in writing, by phone, or via the contact form of the problem within 30 days of the date on which the goods were dispatched to you.
- If you notify a problem to The Portobello Bookshop under this condition, The Portobello Bookshop's only obligation will be, at its option, to make good any shortage or non-delivery; to replace or repair any goods that are damaged or defective; or to refund to you the amount paid by you for the goods in question to the original method of payment, unless such method is no longer valid in which case The Portobello Bookshop credit will be issued to the value of the refund due.
- Damaged / defective / faulty goods are judged to be so by The Portobello Bookshop based on the ability of the goods to be resold by us at full retail value. We will not be responsible for or liable to you for any minor details or inconsistencies that are deemed to impact collector value.
- If you wish to return an item that does not fall under the condition of damaged or faulty goods, you must contact The Portobello Bookshop within 30 days of receiving the goods, and any accepted return must be made by you at your own cost and risk.
- The Portobello Bookshop will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to The Portobello Bookshop under this condition and The Portobello Bookshop shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question as set out above.
- In the case of orders made for collection from the bookshop, if you are unable to collect goods ordered by you within 6 months of the date on which they were first made available to you, The Portobello Bookshop shall have no liability to you unless you notify The Portobello Bookshop in writing, by phone, or via the contact form within 6 months of the date on which the goods were made available to you.
- If you have ordered goods that have been personalised (i.e. dedicated), unless the goods are faulty or damaged, you will not be entitled to a refund as these goods are non-refundable upon completion. If you wish to cancel any order for personalised goods, The Portobello Bookshop shall have no liability to you unless you notify The Portobello Bookshop in writing, by phone, or via the contact form prior to the date on which the goods will be personalised (usually given on the product page as "available to purchase until [x date]").
- The contact, billing, delivery or personalisation (e.g. dedication) details you provide are your responsibility, and The Portobello Bookshop will not be liable to you for any error in these details unless you notify The Portobello Bookshop in writing, over the phone, or via the contact form.
- The Portobello Bookshop is not liable for any communications that are subsequently missed due to errors in the contact information supplied by you, or due to the contact information supplied being obsolete or unmonitored by you.
- Nothing in this condition is, however, intended to limit any rights you might have as a consumer under applicable local law that may not be excluded nor in any way to exclude or limit The Portobello Bookshop liability to you for any death or personal injury resulting from its negligence.
- Nothing in this contract creates any right which is enforceable by any person who is not a party to the contract.
Events and Event Tickets
- The Portobello Bookshop operates a non-admittance policy to latecomers. Admittance to any late arrivals by event attendees is entirely at the discretion of The Portobello Bookshop.
- Event ticket purchases are non-refundable, with the exception of event cancellations or rescheduling. Any refund or compensation supplied outside these circumstances is at the discretion of The Portobello Bookshop.
- Tickets admit entry for one (1) individual, but are transferable between individuals. Any attempt to use one ticket for multiple individuals for entry to one event will result in non-admittance to the event.
- Livestreams are supplied via external platform Crowdcast, with the creation of a free Crowdcast account. Any individual accessing livestreams or recordings from The Portobello Bookshop is subject to Crowdcast's Terms and Conditions.
- The Portobello Bookshop has no responsibility for any technical issues stemming from Crowdcast's platform.
- If you have access requirements, whilst every effort will be made by The Portobello Bookshop to accommodate these requests, The Portobello Bookshop will have no liability to you unless you notify The Portobello Bookshop in writing, by phone, or via the contact form on the website.
- Vouchers purchased as part of an "in-person" attendance to an event are valid until the end of the event date, and can only be redeemed once for a single copy of the associated book.
- Vouchers purchased as part of a "livestream" attendance to an event are valid until the end of the day after the event, and can only be redeemed once for a single copy of the associated book.
Gift Cards
- Portobello Bookshop Gift Cards are available for purchase and redemption exclusively through The Portobello Bookshop site and in person at The Portobello Bookshop premises.
- Portobello Bookshop Gift Cards do not expire.
- Portobello Bookshop Gift Cards cannot be used to purchase other Portobello Bookshop gift cards.
- It is your responsibility to safeguard physical gift cards as they cannot be replaced or reissued if lost.
Unforeseeable Circumstances / Force Majeure
- The Portobello Bookshop shall have no liability to you for any failure to deliver goods you have ordered, or any delay in doing so, or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.
Invalidity
- If any part of these conditions is unenforceable (including any provision in which The Portobello Bookshop excludes its liability to you) the enforceability of any other part of these conditions will not be affected.
Complaints
- If you have a complaint, please contact The Portobello Bookshop using the online contact form.
Governing Law
- The contract between us shall be governed by and interpreted in accordance with Scottish law, and the Scottish courts shall have jurisdiction to resolve any disputes between us.
Entire Agreement
- These Terms and Conditions, together with the current website prices on The Portobello Bookshop website, delivery details and The Portobello Bookshop contact details, set out the whole of our agreement relating to the supply of the goods to you by The Portobello Bookshop.
- These Terms and Conditions cannot be varied except in writing signed by a manager and/or director of The Portobello Bookshop. In particular nothing said by any sales person on behalf of The Portobello Bookshop should be understood as a variation of these Terms and Conditions or as an authorised representation about the nature or quality of any goods offered for sale by The Portobello Bookshop. The Portobello Bookshop shall have no liability for any such representation being untrue or misleading.
Disclaimer
- The nature of Internet communications means that your communications may be susceptible to data corruption, interception and delays. The Portobello Bookshop shall not be responsible for any detrimental reliance you place on this website or its contents.
- The Portobello Bookshop is providing this site and its contents (including any downloadable data or software) on an 'as is' basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties, whether express or implied, to the fullest extent permitted by applicable law.
- In addition, The Portobello Bookshop makes no representations or warranties about the accuracy, completeness or suitability for any particular purpose of the information and related graphics published in this site or that any software or the server that makes it available are free of viruses or other harmful components.
- The information contained in this site may contain technical inaccuracies or typographical errors. All liability of The Portobello Bookshop howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by applicable law.
- Neither The Portobello Bookshop nor its Director, managers, employees or other representatives will be liable for damages arising out of or in connection with the use of this site in any way. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Hyperlinks
- Our website may contain hyperlinks. These hyperlinks connect you to sites of other organisations which are not our responsibility. We have used our reasonable endeavours in preparing our own website and the information included in it is done so in good faith. However, we have no control over any of the information you can access via other websites. Therefore, no mention of any organisation, company or individual to which our website is linked shall imply any approval or warranty as to the standing and capability of any such organisations, company or individual on the part of The Portobello Bookshop.
Promotional Discount Codes
- Discount codes are exclusive of online postage and packaging and can only be used once per person with one discount code to be used per transaction.
- Discount codes cannot be used with any other voucher, coupon or offer.
- Discount codes can only be used at time of purchase and not retrospectively.
- Discount codes can only be used on www.theportobellobookshop.com and not in The Portobello Bookshop.
- Discounts do not apply to Gift cards.
- We reserve the right to withdraw codes at any time.
- All discount codes are subject to their own Terms and Conditions.
Copyright Notice
- All design, text, graphics and the selection or arrangement thereof are the copyright of The Portobello Bookshop, or of other copyright owners. Permission is granted to electronically copy and print in hard copy portions of this site for the sole purpose of placing an order with The Portobello Bookshop, or using this site as a shopping resource.
- Any other use of materials on this site (including reproduction for purposes other than those noted above and modification, distribution, or republication) without the prior written permission of The Portobello Bookshop is strictly prohibited.
Trade Marks
- The Portobello Bookshop and 'The Portobello Bookshop' logo are registered trade marks belonging to The Portobello Bookshop. All other trade marks, product names and company names or logos used in this site are the property of their respective owners.
- No permission is given by The Portobello Bookshop in respect of the use of its or any such other trade marks, product names, titles or logos and such use may constitute an infringement of the holder's rights.
Interpretation
- 'The Portobello Bookshop' means The Portobello Bookshop [46 Portobello High Street, Edinburgh, EH15 1DA, Scotland; company registration number SC722514], any connected organisation that actually supplies goods ordered by you and any successor to its business.
- 'Working day' means every day of a calendar year apart from weekends and statutory and public holidays.
- "Click and Collect from The Portobello Bookshop" shop means The Portobello Bookshop and you together.
- 'You' and 'your' means the person ordering goods under these Terms and Conditions.