Terms and Conditions
These terms and conditions explain your rights and obligations when using the Which? Digital Store website http://www.whichdigitalstore.co.uk/
General terms and conditions
1. Introduction
Welcome to the terms and conditions for the Which? Digital Store. These terms and conditions explain the rights and obligations of the agreement between you and Which? for the use of the Which? Digital Store website (our site) and the supply of any of the products (Products) listed on our site to you. Please read these terms and conditions carefully before ordering any Products from Which? Digital Store website. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions and that if you refuse to accept these terms and conditions, you will not be able to order any products from our site. You also agree to comply with any guidelines or rules posted on the Which? Digital Store website regarding any products. All such guidelines and rules posted are hereby incorporated by reference into these terms and conditions. If you do not agree to these terms and conditions, please do not use the Which? Digital Store.
You should print a copy of these terms and conditions for future reference.
1.1 Definitions
The Which? Digital Store is operated by Which? Limited, and is part of a larger range of products and services that we offer. The terms "Which?", "we", "us", or "our", refer to the operator of the website you are in.
The Which? Digital Store website permits you to purchase downloads of Product(s) (the “Service”) under these terms and conditions .
Which? Limited is a limited company registered in England, company registration number 677665 (VAT registration no. GB238534158) whose registered office address is at: 2 Marylebone Road, London, NW1 4DF.
1.2. Complete agreement and privacy
The Which? Digital Store privacy policy forms part of these terms and conditions, and together they contain all of the terms relating to the use of the Which? Digital Store.
1.3. Variation of terms and conditions
We reserve the right to change these terms and conditions from time to time, and the amended terms will be posted on our site. Any amendments to these terms and conditions will be effective immediately. We also reserve the right to suspend or discontinue, at our sole discretion, all or any aspects of the content, design, or services provided or any other aspect of the Which? Digital Store at any time without prior notice to you.
1.4 Access
Access to the Which? Digital Store is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide on this site without notice to you. We will not be liable to you if for any reason the Which? Digital Store website is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Which? Digital Store. You are also responsible for ensuring that all persons who access this site through your internet connection are aware of these terms, and that they comply with them.
2. Purchasing and ordering
By accessing the Which? Digital Store and placing an order through our site, you warrant that you are legally capable of entering into binding contracts and are at least 18 years old.
Redistributing, copying or republishing the Product to make it available to any third party is prohibited.
3. How the contract is formed between you and us
3.1 After placing an order, you will receive an e-mail confirmation from us confirming that the order has been completed along with details of your payment and an order reference number (the Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation. The confirmation page and the e-mail conformation will include a link to download the Product. The Product must be downloaded within 30 days of purchase. After 30 days access to the Product expires. If you would like to access the Product after this time please contact Customer Services on 01992 822 800 (if calling from outside the UK please call on +44 1992 822 800) between 8.30am-8pm Mon-Fri, 9am-1pm Sat. The Product can be saved and stored locally by you.
3.2 The Contract will relate only to those Products whose dispatch we have confirmed with an Order Confirmation. We 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 with an Order Confirmation.
4. Framing and linking
4.1The use of content from the Which? Digital Store on any other website or networked computers for any purpose is strictly prohibited. Any links to the Which? Digital Store without our express written permission are also strictly prohibited.
4.2 The framing, mirroring, scraping or data mining of the Which? Digital Store or any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the site (or any linked site) is strictly prohibited.
5. Monitoring Site Usage
We may electronically monitor areas of the Which? Digital Store and may disclose any content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the website; or (iii) to protect our rights or property or the rights of the users, providers, licensors, or retailers.
6. Materials on this site and software rights
6.1 All copyrights, trademarks, patents, design rights, and other intellectual property rights relating to the Which? Digital Store (including, but not limited to, the underlying software, the design, graphics, layout, feel, and structure of this websites) will be and remain the sole property of us and our licensors.
6.2 You agree to use the Which? Digital Store only for lawful purposes. You may download, display and print one copy of the material presented on the Which? Digital Store for personal use only. Commercial use is not permitted. Redistributing, republishing, copying, adapting or otherwise making material on this website available to third parties is prohibited.
6.3 Unauthorised use of the Which? Digital Store may give rise to a claim for damages and/or be a criminal offence.
6.4 The information on the Which? Digital Store is given in good faith and for general information and interest only. It is subject to change without notice. We make every effort to ensure that the information on our websites is correct but we cannot guarantee that it is 100% free of inaccuracies, errors and omissions.
6.5 You agree that you will not use any of the Trademarks or other content accessible through the Which? Digital Store for any purpose other than the purpose for which we have made it available to you.
6.6 You agree that you will not promote any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Which? Digital Store website, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct.
6.7 You agree that you will not adapt, translate, modify, decompile, disassemble, or reverse engineer the Which? Digital Store or any software or programs used in connection with it.
7 Copyright and Trade Marks
7.1 All of the content provided by us on the Which? Digital Store is protected by English and International copyright laws and that copyright is owned, controlled or licensed by us. Unless otherwise stated, we reserve all rights in that copyright. This means, for example, that you may not copy, issue copies to the public, perform, show, broadcast or make any adaptation of any of that content without our permission.
7.2 If you submit content to the Which? Digital Store, you hereby grant us and a perpetual, irrevocable, royalty-free, world-wide, non-exclusive license for the duration of copyright to use your content, or any part of your content, in any way that Which? decides on the Which? Digital Store and any other website or through any other medium and to permit others to do the same. You are also deemed to have waived any moral rights which you may have had in that content and to have warranted to us that you are the owner of any copyright or similar rights in that content, and that any moral rights in that content belonging to another person have been waived.
7.3 The trademarks, logos and service marks displayed on this site are registered and/or common law trademarks of Which?, its affiliates, and various third parties. No information on this site should be construed as granting, by implication or otherwise, any license or right to use any of the trademarks without the written permission of Which? or such other party that may own the trademarks.
7.4 Under no circumstances will any disclosure of any idea or related materials to us or to be subject to any obligation of confidentiality or expectation of compensation.
8 Our liability
8.1 Users of the Which? Digital Store are responsible for any decisions they take based on information provided on the site. We do not accept liability (as far as permitted) for any loss arising from using or relying on information or links included in these sites.
8.2 Arrangements made between you and any third party named or referred to on the site are entirely at your sole risk and responsibility.
8.3 You agree to indemnify and hold us harmless from any liability, loss, claim, and expense (including reasonable legal fees) related to any breach by you of these terms and conditions or arising from your use of the Which? Digital Store website.
8.4 Except as set out in clause 8.6 we shall not be liable to you in connection with this agreement for losses that are not a reasonably foreseeable consequence of our actions. We shall not be liable for any loss of profits, loss of contracts, loss or corruption of data, or other economic loss arising in connection with this Agreement.
8.5 These terms and conditions do not exclude our liability or (if any in each case) to you for fraud or for personal injury or death resulting from our negligence, or for any matter which it would be unlawful for us to attempt to exclude or limit. This does not affect your statutory rights.
8.6 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product(s) you purchased.
8.7 Our websites may contain links to other sites, which are outside our control and are not covered by these terms and conditions.
8.8 If you access other sites using the links provided, we cannot be responsible for the content of those sites or for the way in which they deal with you or use any information they may acquire about you including personal data.
8.9 Which? tries to meet AAA standards of website accessibility, but cannot guarantee that this website will be compatible with all hardware and software that may be used by visitors to the site.
8.10 As we rely on you to provide us with up to date and accurate contact details, we shall not be liable to you for any loss or claim arising from your failure to provide us with accurate and/or up to date contact details.
8.11 Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk.
8.12 The Which? Digital Store does not guarantee, represent, or warrant that your use of the Service will be uninterrupted or error-free, and you agree that from time to time the Which? Digital Store may remove the Service for indefinite periods of time, or cancel the Service at any time, without notice to you.
8.13 Which? Digital Store does not represent or guarantee that the Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and disclaims any liability relating thereto. You shall be solely responsible for any damage to your computer system and for backing up your own system, including any Products purchased from the Which? Digital Store that are stored in your system.
9 Your liability
You shall compensate us in full if we incur any losses or if any claims or legal proceedings are brought or threatened against us by any other person arising from your use or misuse of the Which? Digital Store. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter or dispute arising from your use or misuse of the Which? Digital Store and you agree to co-operate with the defence of such dispute claim by us.
10. Availability and delivery
Your order will be fulfilled after payment for the Product(s) has been accepted and you have received the Order Confirmation. We aim to process your order within 24 hours.
11. Risk and title
11.1 The Products will be at your risk from the time of delivery.
11.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges if applicable.
12. Price and payment
12.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
12.2 All prices include VAT where payable at the current rates. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
12.3 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product(s) to you. If a Product(s) correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product(s), or reject your order and notify you of such rejection.
12.4 We are under no obligation to provide the Product(s) to you at the incorrect (lower) price, even after we have sent you the Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
12.5 We use an agent to manage the Service on the Which? Digital Store. Payment for all Products must be made by credit or debit card and will show on your bank/credit card statement as being made to the agent detailed on the Order Confirmation. All credit and charge-card holders are subject to validation checks and authorisation by the card issuer.
12.6 If the issuer of your payment refuses to authorise payment to us, we will not confirm acceptance of the order, no contract will be formed, and we will not be liable for any delay or non-delivery. You do not own the Product(s) until we receive payment in full.
13. Cancellation policy
All sales are final. The Which? Digital Store Service commences immediately when you click on the submit payment button to download Products from the Which? Digital Store. You will not have a right to cancel your Contract once the Service commences.
14. Your personal information
We will collect personal information in connection with the Service we provide. The Which? Digital Store privacy policy has details on what information we collect, what we do with that information, and other related matters such as cookies.
15. Electronic communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
16. Termination
If you fail, or the Which? Digital Store suspects that you have failed, to comply with any of these terms and conditions, including but not limited to failure to make payment of fees due, failure to provide the Which? Digital Store with a valid payment card or with accurate and complete registration details, failure to safeguard your user account information or other violation of third parties’ rights, Which? Digital Store at its sole discretion, without notice to you may: (i) terminate this Contract, and you will remain liable for all amounts due up to and including the date of termination; and/or (ii) preclude access to the Which? Products (or any part thereof).
17. Notices
All notices can be sent by normal post or e-mail. Postal notices should be sent to Which? Limited, 2 Marylebone Road, London, NW1 4DF. Email notices should be sent to onlinesales@which.co.uk. We may give notice to you at either the e-mail you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the Service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
18. Transfer of rights and obligations
18.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
18.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
18.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
19. Matters beyond our reasonable control
We will not be liable for any breach of these terms and conditions if such a breach is caused by a matter beyond its reasonable control, including acts of God, internet failures, computer equipment failures, telecommunication equipment or other equipment failures, electrical power failures, fire, lightning, explosion, war, flood, industrial disputes, sabotage, extremely severe weather, or acts of local or central Government or other competent authorities.
20. Waiver
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
21. Links
We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
22 Performance
References to any of our Products does not constitute an offer to sell or supply that Product, nor does it mean that the product is available in all jurisdictions.
23. Severability
If any of these terms and conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
24. Entire Agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into this contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
25. Jurisdiction
The construction, validity and performance of this Agreement and any dispute or collateral matter relating to its subject matter will be governed by and construed in accordance with the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.
26. Special on-site promotions
A number of special offers are available on site. Where offered bundles offer two reports at a special offer price. 3 for 2 promotion offers 3 reports for the price of 2 where the cheapest report is added free of charge. If all reports are the same price then the last item added to basket will be displayed as free of charge.
A report can either be purchased as 3for2 or as a special bundle but both offers can not be combined.
Details, prices and other on-site promotions may change on site without notice and are at the discretion of Which? Ltd.
27. Vouchers
Voucher codes will be made available at the discretion of Which?. Specific terms and conditions (such as voucher expiry date) may apply and will be stated at the point of promotion. Voucher codes can be applied to get a further discount on other special offers on the site, but they can not be used in conjunction with another voucher code.