Affirmative Action

Terms & Conditions of Use

Incorporating the Distance Selling Regulations and consumer protection legislation
These are the terms and conditions of Lobsta Ltd trading here as Lobstabooks of 111 Turney Rd Dulwich London SE21 7JB , Telephone +44 (0) 207 738 3241, Fax +44 (0)207 733 4089 Company registration number : 04417204 VAT number : 809 7590 91 Email enquiries@lobsta.co.uk

1 DEFINITIONS

In these conditions, the expressions set out here shall carry the declared meanings :

The Website ¿ the website here through which Lobsta Ltd operates
User ¿ A visitor to our website, whether an eventual client or not
Client ¿ A purchaser of a product offered on this website
Vendor ¿ Lobsta Ltd as above
Order ¿ A request by a client for us to provide products or services
Sale ¿ A completed transaction for which the client has paid the required price.
Contract ¿ A concluded agreement by the vendor to sell an item or service to a client

2 TERMS

2.1 The terms set out here will apply to all contracts, and if there are any additional negotiations as to terms or additional documentation allegedly forming part of a contract, but inconsistent with it, then these contract conditions will prevail, in the event of a dispute. This shall not exclude or limit the liability of either party for fraudulent misrepresentation.

2.2 Clients placing an order on our website, which is accepted by us, form a legally binding contract, on the terms and conditions set out here.

2.3 If an individual places an order on our website, on behalf of a company for whom they are working, our contract will be with their company. Consequently, any individuals placing orders with our website must ensure they have the necessary authority and capacity to contract on behalf of their employers, and must make the relevant checks before placing an order. No cancellation will be permitted on the basis there was no authority to enter a contract.

2.4 All clients entering a contract, other than in a personal capacity, must identify on whose behalf they are purporting to act and the basis for their alleged contracting capacity. Failure to properly state the identity of the purchaser, will result in a contract being formed with the individual entering the contract, and not their alleged principal.

2.5 All clients must be over the age of 18, and not be disentitled by any legal or other proceedings from entering a personal contract, or on behalf of a declared principal. If the age of majority in the country of domicile of the client is a higher age, then that higher age is the minimum permitted age for the purpose of this reservation.

3 FEES AND CHARGES

3 All purchase fees and other charges, including postal and/or insurance charges shall be payable in advance. No goods will be dispatched unless the vendor is in receipt of cleared funds. If the client is tendering payment by personal or other cheque, the goods will be dispatched after notification from the vendor¿s bank that the funds have cleared, or within 10 working days, whichever is the sooner. VAT at the prevailing rate will be payable on all purchases where applicable, and will be added to the sale price.

4 CONTRACT FORMATION

4.1 A contract is formed between the vendor and the client when the vendor accepts an order placed on our website. Until the offer is formally accepted, the vendor reserves the right to consider the client¿s order as an ¿invitation to treat¿ , which will not form the basis of a binding contract until formally accepted by the vendor.
4.2 The vendor offers the goods and services on the website in good faith, and as available for purchase, but reserves the right to withdraw items from the sale procedures if they are otherwise sold before a binding contract of sale with a client has been formed.

If you are a consumer you can withdraw from the contract in accordance with the following. Consumer means any natural person who is acting for purposes which are outside his trade, business, craft or profession.

Information regarding the right of withdrawal

Statutory right to withdraw

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good or the last lot or piece.

To exercise the right of withdrawal, electronically fill in and submit a clear statement on our website, under "My Purchases" in "My Account". We will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to withdraw from this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back, or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to lobstabooks, leiston, United Kingdom, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exceptions to the right of withdrawal

The right of withdrawal does not apply to:

1. The delivery of newspapers, journals or magazines with the exception of subscription contracts; and
2. The supply of digital content which is not supplied on a tangible medium (e.g. on a CD or DVD) if you accepted when you placed your order that we could start to deliver it, and that you could not withdraw once delivery had started.

Shipping costs are based on books weighing 2.2 LB, or 1 KG. If your book order is heavy or oversized, we may contact you to let you know extra shipping is required.