E-Commerce Terms and Conditions of Sale
Please read these E-Commerce Terms and Conditions of Sale (these “Terms”) carefully before ordering Materials from Us. By ordering Materials from Us, you signify your acceptance of these Terms and you agree to be bound by them. These Terms refer to the following additional terms, which also apply to your use of the Materials:
- Terms of Website Use. In the event of any conflict between these Terms and Terms of Website Use, these Terms shall govern to the extent of such conflict.
1. Information about Us
1.1 https://pharmastore.informa.com/ (“Site”) is a site operated by Datamonitor Limited, a company registered in England and Wales with company number 2306113 whose registered office is 5 Howick Place, London, SW1P 1WG. VAT GB365462636. Datamonitor Limited is part of Informa PLC
Informa Business Intelligence, Inc. (“We, Our, Us“). We are registered in England and Wales under company number 2306113 and have our registered office at 5 Howick Place, London, SW1P 1WG. Our VAT number is GB365462636.
|Informa Entity||Company Number||Principal place of business||Registered VAT Number|
|Datamonitor limited||Informa plc||2306113||5 Howick Place, London, SW1P 1WG||
2. For the purposes of the clauses below:
2.1 “Digital Content” means any content acquired by you and delivered by Us in electronic form and/or any rights granted to you to access content available on the Site.
2.2 “Force Majeure Event” means an event or circumstance beyond Our reasonable control.
2.3 “Intellectual Property Rights” means all copyright, trademarks, design rights, database rights, confidential information, or any other intellectual property rights.
2.4 “Materials” means Publications and/or Digital Content, as the context requires.
2.5 “Publication” means any journal, book or report offered for sale by Us in hard copy via the Site.
3. How the contract is formed between you and Us
3.1 By placing an order through the Site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old.
3.2 After placing an order, you will receive an email from Us acknowledging that We have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer from you to buy the Materials from Us.
3.3 All orders are subject to acceptance by Us, and We will confirm such acceptance to you by the following methods:
(a) In the case of a Publication: sending you an email that confirms that the Publication has been dispatched (the “Dispatch Confirmation”);
(b) In the case of Digital Content: giving you confirmation on screen, followed by an email containing a link to access the Digital Content.
3.4 The contract will only be formed when We send either of the communications set out above. The contract will only relate to the Materials whose dispatch We confirm in the relevant email. We will not be obligated to supply products or permit access to any other content which may have been part of your order until you receive an email specifically relating to the Materials.
4. Availability and Delivery
4.1 If ordering a Publication, your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days’ of the date of the Dispatch Confirmation.
4.2 Digital Content will be available for the period of time specified when you place your order.
5. Risk and Title of Publications
5.1 The risk in the Materials shall pass to you once We have tendered delivery of the Materials. Time of delivery is not of the essence. We shall not be liable to you or any other person for any delay in delivery of the Materials that is caused by a Force Majeure Event, a third-party delivery service or your failure to provide Us with adequate delivery instructions or any other instructions that are relevant to the supply of the Materials.
5.2 Title to the Materials will only pass to you when We receive full payment of all sums due in respect of the Materials, including all associated delivery charges. For the avoidance of doubt, nothing in this clause constitutes an assignment or grant of any Intellectual Property Rights in the Materials.
6. Price and Payment
6.1 The price of any Materials shall be the price set out in the order, or, if no price is quoted, the price set out in the Our published price list in force as at the date of delivery. The price is net of all applicable taxes including, sales, VAT, service or withholding taxes (“Taxes”), all of which shall be paid solely by you. If, and to the extent that, any Taxes are levied upon, or found to be applicable to, the whole or any portion of the price, the amount of the price shall be increased by an amount necessary to compensate for the Taxes (including any amount necessary to “gross up” for Taxes levied on the increase itself).
6.2 In the event of an error in pricing in the order, We are under no obligation to provide the Materials to you at the incorrect (lower) price, even after We have sent you a Dispatch Confirmation.
6.3 We may invoice you for the Materials on or at any time after the completion of delivery.
6.4 You shall pay the invoice in full and in cleared funds by the end of the month following the month the invoice was dated. Payment shall be made to the bank account nominated in writing by us. Time of payment is of the essence.
6.5 You shall pay all amounts due under the order in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law).
6.6 If you order Materials for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before.
7. Compliance with Laws
You will not use, intentionally or unintentionally, any of the Publication(s) in a manner contrary to or in violation of any applicable international, national, federal, state, or local law, rule, or regulation having the force of law. We will not be liable for any breach by you of any such laws.
8. Intellectual Property
8.1 We are the owner or the licensee of all Intellectual Property Rights in the Materials. The Materials are protected by copyright and other intellectual property laws and treaties around the world. All such rights are reserved.
8.2 Information made available through the Materials may be displayed, reformatted and distributed internally within your organisation only in insubstantial portions for research and related work in the ordinary course of your business. No other internal or external dissemination of any portion of the Materials is permitted except as expressly indicated in these Terms.
8.3 permitted use, eg: We may be prepared to allow you to distribute or reproduce parts of the Publication(s) contained in the Publication(s) in certain other circumstances. Please e-mail us at firstname.lastname@example.org
8.4 Our status (and that of any identified contributors) as the authors of content on the Materials must always be acknowledged.
10. Disclaimer and Limitation of Liability
10.1 Nothing in these Terms shall exclude or limit liability of either party for death or personal injury caused by its negligence or any other liability the limitation or exclusion of which is prohibited by law. Save as expressly permitted herein, all warranties, conditions, or other terms implied by statute, common law, or otherwise are excluded by Us to the fullest extent permitted by law.
10.2 The Materials are provided on an “as is” basis. The Materials may be out of date at any given time, and while We may from time to time update the Materials We are under no obligation to do so. Our liability to you under these Terms or any related agreement is limited to the fees paid by you for the element of the Materials found to be in breach of these Terms. We exclude all liability whether in contract, tort (including liability for negligence) or otherwise, for the suitability, accuracy, or fitness for any purpose of the Materials.
10.3 Notwithstanding anything herein to the contrary, in no event shall either party be liable for any special, indirect, incidental, consequential or punitive damages (including, without limitation, damages for any loss of data, profit, goodwill, anticipated savings, revenue or business), whether based on contract, tort or other legal theory, in connection with these Terms or any related agreement or otherwise in connection with Your use or inability to use the Materials.
11. Transfer of rights and obligations
These Terms and any contract for the sale or purchase of Materials conducted via the Site are binding on you and Us and on our respective successors and assigns. You may not transfer, assign, charge, or otherwise dispose of any of your rights or obligations arising under these Terms and Conditions or any such contract, without our prior written consent. We may transfer, assign, charge, sub-contract, or otherwise dispose of any of our rights or obligations arising under these Terms and Conditions or any contract arising related to your use of the Site, at any time.
12. Force Majeure Event
We shall not be in breach of this Terms nor liable for delay in performing, or failure to perform, any of its obligations under this Terms if such delay or failure result from a Force Majeure Event.
A waiver of any right or remedy is only effective if given in writing. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not (a) waive that or any other right or remedy; nor (b) prevent or restrict the further exercise of that or any other right or remedy.
If any of these Terms or any provisions of any related agreement are determined by any competent governmental authority to be invalid, unlawful, or unenforceable to any extent, (a) such term, condition, or provision will, to that it can extent be, severed from the remaining terms, conditions, and provisions and (b) the remaining terms, conditions, and provisions will continue to be valid to the fullest extent permitted by law.
15. Entire agreement
15.1 These Terms and any document expressly referred to herein represent the entire agreement between you and Us in relation to the subject matter hereof and thereof, and supersede any prior or contemporaneous agreement, understanding, or arrangement between You and us, whether oral or in writing, in relation to the subject matter hereof and thereof.
15.2 You and Us each acknowledge that, in entering into a contract, neither you nor Us has relied on any representation, undertaking, or promise given by the other or implied from anything said or written in negotiations between You and us prior to such contract, except as expressly stated in these Terms.
15.3 Neither Your nor Us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.
16. Third Party Rights
No one other than a party to these Terms shall have any right to enforce any of its terms.
No variation of these Terms shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
18. Law and jurisdiction
These Terms, and any dispute or claim (including non-contractual disputes or claims) arising therefrom or in connection therewith, shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising therefrom or in connection therewith.