STOP PRESS: On 24 May 2024, the Digital Markets, Competition and Consumers Bill received Royal Assent, becoming the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024). The DMCCA 2024 is partly in force from the date of Royal Assent. However, most of the key provisions and obligations under the DMCCA 2024 will be brought into force via secondary legislation. Once fully in force, among other things the DMCCA 2024 will revoke the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015, SI 2015/542 and the Consumer Protection from Unfair Trading Regulations, SI 2008/1277. This Precedent is affected by this change. It is in the process of being updated.
About us
We are IMD Group Limited (trading as ESOL Books, a company registered in Scotland under company number: SC799667. Our registered office is at: 82, Berkeley Street, Glasgow, G3 7DS, SCOTLAND. We are not registered for VAT.
How to contact us
You can contact us by sending an email to admin@esolbooks.com.
These terms
These terms apply to any purchases you make on our website. Please read these terms carefully before you place any orders on our site, as they set out important information about your and our rights and obligations. Please note that you must agree to these terms before you place your order.
For the purposes of these terms, you are a ‘consumer’ if you are buying from our site as an individual for purposes wholly or mainly outside of your trade, business, craft or profession. You are a ‘business customer’ if you are buying from our site for purposes relating to your trade, business, craft or profession. Some terms only apply to your order if you are a consumer and other terms only apply to your order if you are a business customer, so please make sure you read these terms carefully.
Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to ESOL Books, and any reference to ‘you’ or ‘your’ is to the person placing an order on our site.
You must be at least 18 years old and a resident of the UK to place an order on our site. If you are a business customer placing an order on behalf of a business, you confirm that you have authority to place such order for and on behalf of that business.
We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you submitted your order to us.
Please print out or save a copy of these terms and any emails from us for your records, as we will not save or file a copy for you. These terms are only available in English.
Your use of our site is governed by our Website Terms of Use at https://esolbooks.com/terms-of-use/
Orders
Please check your order carefully and correct any errors before you submit it to us.
After you place your order, we will send you an acknowledgment email to let you know that we have received your order. This does not mean that your order has been accepted by us. Your order is an offer to buy goods, services or digital content from us on these terms.
Acceptance of your order by us takes place when we send you an order confirmation email, at which point a legally binding contract is formed between you and us on these terms.
If we do not accept your order, for example because we are unable to take payment, what you’ve ordered is unavailable, you are under 18 or live outside of the UK, or there has been a mistake regarding the pricing or description of the goods, services or digital content, we will email you using the details you provided when you placed your order. We have the right to reject any order for any reason.
If we are making any bespoke or personalised goods for you which are based on information you provide to us, you are responsible for ensuring that the information is correct.
Availability
All orders are subject to availability.
We cannot guarantee that any goods, services or digital content will be available at any given time. We also cannot guarantee that access to services or digital content will be uninterrupted, error free or secure. For example, access to digital content may be temporarily unavailable while we carry out maintenance or for other technical reasons.
In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop supplying certain goods, services or digital content. If this happens and it affects your order, we will notify you by email, cancel your order and:
in respect of any affected services, provide you with a refund of any advance payments made by you for any affected services that have not yet been provided; and
in respect of any affected goods or digital content, provide you with a full refund (including any delivery costs, if applicable).
Making changes to your order
If you would like to make any changes to your order after you have submitted it, please contact us as soon as possible and we will let you know if it is possible to change your order.
Descriptions
Descriptions of our goods, services and digital content are set out on our site. Please read the descriptions carefully.
Any pictures and images provided on the site, including of packaging, are for illustration purposes only. Your goods and their packaging may vary slightly from those pictures or images.
We cannot guarantee that the colours displayed on your device will match exactly the appearance of your goods. The colours of the goods displayed on our site may vary depending on what device you are using and your settings.
Technical requirements for digital content
To download and use the digital content, your device needs to comply with the minimum technical requirements set out here: https://www.polleverywhere.com/app/powerpoint/win-system-requirements. Please read these carefully as you are responsible for making sure that your device meets these requirements.
You will need internet access to download the digital content and you are responsible for any charges you may incur in connection with your download.
We are not liable to you if you are unable to download the digital content due to a poor internet connection, because your device does not meet the minimum technical requirements, or for any other reason outside of our reasonable control.
Delivery of goods
We will deliver your goods by post to the address specified by you when you placed your order.
If no one is available to take delivery, the delivery company may attempt a further delivery or request that you collect it form a local office.
Please examine the goods as soon as reasonably possible after delivery and notify us of any fault or damage as soon as reasonably possible.
Once your order has been delivered to your address or in accordance with the delivery instructions you provided to us, the risk in the goods passes to you and the goods are classed as having been ‘delivered’. This means that you are responsible for the goods and we are not liable to you if the goods are stolen or damaged after they have been delivered to you. This does not affect your legal rights if the goods are faulty or misdescribed. Ownership of the goods passes to you once you have paid for them in full.
Delivery dates and costs
You will be given available delivery options to choose from when you place your order.
We will use reasonable endeavours to deliver your order within 30 days of the order confirmation email unless otherwise agreed between you and us.
Any delivery dates stated during the order process, or in your order acknowledgment or order confirmation emails, are estimates, unless we have agreed a specific delivery date with you.
We will do all that we reasonably can to deliver your order within the delivery period or on the delivery date agreed with you. If your delivery is delayed, we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur if delivery is delayed because of circumstances beyond our reasonable control (for example, severe weather, accidents or unpredictable traffic delays).
Providing services
We will provide the services at the time(s) and on the date(s) selected by you or within the period agreed with you during the order process.
For services provided over a period of time, any completion dates stated during the order process, or in your order acknowledgment or order confirmation emails, are estimates.
The services will be provided online remotely unless otherwise agreed by us.
We will do all that we reasonably can to provide the services at the time(s) and date(s) or within the period agreed with you. If there might be a delay before we can start or restart the services, we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur as a result of any delay caused by circumstances beyond our reasonable control (for example, severe weather, accidents or unpredictable traffic delays).
Where a delay is caused by circumstances beyond our reasonable control, we will usually try to start or restart the services as soon as the issue causing the delay has been resolved. If the services are delayed by more than two weeks we will email you to let you know and offer you the option to either continue waiting until the issue has been resolved (if this is possible) or to cancel your order and get a full refund.
We are not liable to you for any losses you incur where the services are delayed or cannot be performed because you fail to make the location available to us, fail to prepare the location as required for us to provide the services, or fail to provide us with adequate instructions or information to allow us to perform the services.
Delivery of digital content
The digital content you purchase can be downloaded by clicking on the download link in your order confirmation email. Please note that, if you are a consumer, you lose your right to cancel your order once you start to download the digital content. See clause 17 below for more information on your cancellation rights.
The digital content will be available to download for 30 days from the date of your order confirmation email.
If you do not own the device you use to download the digital content, you must obtain permission from the owner to download the digital content onto their device.
You may download the digital content to a maximum of 2 devices.
If you are having trouble downloading the digital content, please email us at admin@esolbooks.com.
Information regarding any digital content available and instructions on how to access and use this is clarified by looking at www.esolbooks.com.
Permission to use the digital content
When you place your order, you will be asked to read and accept the terms of the end user licence agreement (EULA), which applies to your use of the digital content. Please read the EULA carefully as it sets out important information about what you are permitted to do with the digital content, restrictions on your use of the digital content and our rights if you fail to comply with the EULA.
Any digital content we provide to you was designed for use in the UK. We cannot guarantee that the digital content is appropriate or will be available for use in locations outside of the UK. If you use the digital content outside of the UK, you are responsible for ensuring that you comply with any local laws.
Use restrictions
If you are a consumer, any goods, services or digital content are provided to you for your domestic and personal use only. You must not use our goods, services or digital content for commercial, business or resale purposes.
If you are a business customer, any goods, services or digital content are provided to you for your internal business purposes only. You must not use our goods or digital content for resale purposes, and any services you purchase must be for the purposes of your named business only and not for or on behalf of any third party.
Your use of any digital content is also subject to clause 13 above.
Prices
Prices for our goods, services and digital content are set out on our site. All prices are in pounds sterling (£) (GBP) and include VAT at the applicable rate, but exclude delivery charges. For information on delivery options and costs, go to https://esolbooks.com/read-and-write-every-day/, https://esolbooks.com/read-and-write-every-day-plus/ and https://esolbooks.com/writing-for-sqa-national-5/ .
Prices for our goods, services and digital content, as well as delivery charges, may change at any time. Except as set out in clause 15.3 below, such changes will not affect existing orders.
If there has been an error on the site regarding the pricing of any of our goods, services or digital content and this affects your order, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will treat the order as cancelled and notify you by email.
Payment
We accept the following credit cards and debit cards: VISA and Mastercard. You can also pay by PayPal, and Square Space. All credit card and debit card payments need to be authorised by the relevant card issuer.
Any goods or digital content you buy from us must be paid for in advance. We will take payment from your card before we send you your order confirmation email.
If you are buying services from us, we require an advance payment of 100% of the total cost for the services when you place your order. We will take this payment from your card before we send you your order confirmation email.
If we are unable to take payment from your card, we will try to contact you using the contact details you provided when you placed your order. If we are unable to contact you, we will cancel your order and notify you by email.
If you are buying services from us, we will invoice you for the remaining amount after we have completed the services. Your invoice will be sent to the email address you provided when you placed your order and must be paid by you within 30 days of receipt.
If your payment is not received by us when due, we may charge interest on any balance outstanding at the statutory rate.
Consumer cancellation rights
This clause 17 only applies to you if you are a consumer.
Except in the circumstances listed in clause 17.2, you have the right to change your mind and cancel your order as follows:
in respect of orders for goods, you have 14 days from the delivery date to cancel your order; and
in respect of orders for services or digital content, you have 14 days from the date of your order confirmation email to cancel your order.
You do not have the right to cancel orders for perishable, bespoke or personalised goods. You also lose your right to cancel in the following circumstances:
if you remove or break a protective or hygiene seal attached to any goods (eg underwear, beauty products, pierced jewellery, DVDs, video games etc);
if you requested for us to start providing the services during the 14-day cancellation period and the services are fully performed during this period; or
once you start to download the digital content.
We will not provide any services during the 14-day cancellation period unless you request for us to do so by ticking the relevant box when you place your order. We are under no obligation to accept your request.
To cancel your order, please email us at admin@esolbooks.com.To help us process your cancellation more quickly, please have your order number ready or include it in the email or cancellation form you send to us.
Returning goods if you cancel your order
This clause 18 only applies to you if you are a consumer.
If you cancel an order for goods and you have already received your order, you must return the goods to us within 14 days of telling us that you want to cancel your order. The deadline is met if you send the goods back to us before the 14-day period has expired.
We strongly recommend that you get proof of postage. We may withhold the refund until we have received the goods back from you or until you have provided us with evidence that you have sent the goods back (whichever is earlier).
Goods must be returned to us in a new and unused condition and, to the extent possible, in their original packaging. You are responsible for the goods while they are in your possession.
Unless the goods are faulty or misdescribed, you are responsible for the cost of returning the goods to us. For information on how to return goods to us, email us at admin@esolbooks.com.
Refunds if you cancel your order
This clause 19 only applies to you if you are a consumer.
If you exercise your right to cancel under clause 17, we will provide you with a refund as soon as possible.
If you cancel an order for goods and have already received goods, we will issue the refund no later than 14 days after the day we receive the goods back from you or, if earlier, you provide us with evidence that you have sent the goods back. Otherwise, we will issue the refund no later than 14 days after the day on which you told us that you want to cancel.
Your refund will be subject to the following deductions:
if you chose a delivery option that is more expensive than the cost of standard delivery, we will only refund the cost of standard delivery;
if you handled the goods in a way beyond what might reasonably be permitted in a shop and this resulted in a loss in value of the goods, we may make a deduction from the refund for such loss in value; and
if services have been provided during the 14-day cancellation period at your request, we will make deductions from any refund due to you for the services we provided up to the time that you told us that you want to cancel.
We will issue your refund to the same payment method you used when you placed your order.
If the right to cancel does not apply because of one of the circumstances listed in clause 17.2, you will not be entitled to a refund unless the goods, services or digital content are faulty. See clause 20 below.
Faulty goods, services or digital content—consumers
This clause 20 only applies to you if you are a consumer.
Any goods or digital content that we provide to you must be as described, fit for purpose and of satisfactory quality. Any services that we provide to you must be provided with reasonable care and skill.
If we provide installation services for goods you have purchased from us, the goods must be installed correctly.
We are under a legal duty to supply goods, services and digital content that are in conformity with our contract with you.
During the expected lifespan of any goods that you have purchased from us, you are entitled to the following:
Up to 30 days: | If your goods are faulty, you can get an immediate refund. |
Up to six months: | If the goods cannot be repaired or replaced, then you are entitled to a full refund in most cases. |
Up to six years: | If the goods do not last a reasonable length of time, you may be entitled to some money back. |
If a service is not carried out with reasonable care and skill, you can ask us to repeat the service or to fix it, or get some money back if we cannot fix it.
If your digital content is faulty, you are entitled to a repair or a replacement. If the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience to you, you can get some, or all, of your money back.
If you can show that a fault in the digital content has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation.
This is a summary of some of your key rights. They are in addition to your cancellation rights set out in clause 17 above. For more detailed information on your rights, visit the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133.
If there is a problem with any goods, services or digital content you have purchased from us, please contact us as soon as reasonably possible.
Faulty goods, services or digital content—business customers
This clause 21 only applies to you if you are a business customer.
We warrant that any goods you purchase will, for a period of two weeks from the date of delivery (as described in clause 9.4) (Goods Warranty Period):
conform in all material respects to their descriptions on the site;
be free from material defects in design, material and workmanship; and
be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
We warrant that any services you purchase will:
be performed with reasonable care and skill within the meaning of section 13 of the Sale of Goods and Services Act 1982; and
be free from material defects at the time the services are completed.
We warrant that any digital content you purchase will conform in all material respects to OR operate materially in accordance with its description on the site for a period of 30 days from the date the digital content is first made available for download (Digital Content Warranty Period).
Subject to you complying with your obligations under clause 21.5, we will (in each case at our option):
repair or replace or refund any goods that do not comply with clause 21.1;
remedy or re-perform or refund any services that do not comply with clause 21.2; or
correct the errors in, or replace or refund, any digital content that does not comply with clause 21.3.
If there is a breach of clause 21.1, clause 21.2 or clause 21.3, you must:
notify us by email to admin@esolbooks.com within the relevant period as follows:
in respect of a breach of clause 21.1, within the Goods Warranty Period in the case of defects discoverable by a physical inspection, or in the case of latent defects, within one month from the date on which you became aware (or should reasonably have become aware) of the defect;
in respect of a breach of clause 21.2, within 7 calendar days from the date that the services are completed; or
in respect of a breach of clause 21.3, within the Digital Content Warranty Period.
provide us with sufficient information as to the nature and extent of the defects, including to enable us to reproduce the errors or investigate the defect;
give us a reasonable opportunity to examine the defective goods or otherwise investigate the defect; and
return the defective goods to us at our expense.
If we provide you with a refund under clause 21.4.3:
you no longer have any rights to use the digital content; and
you must remove the digital content from any device and delete any copies.
Clause 21.4 sets out your sole and exclusive remedy for any breach of clauses 21.1 to 21.3 (inclusive).
Except as set out in this clause 21, we give no warranties and make no representations in relation to the goods, services or digital content, and all warranties and conditions (including the conditions implied by sections 13–15 of the Sale of Goods Act 1979 and sections 12–16 of the Supply of Goods and Services Act 1982, and any implied terms relating to the ability to achieve a particular result), whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.
Events beyond our control
We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.
Our liability to consumers
This clause 23 only applies to you if you are a consumer.
If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
Our liability to business customers
This clause 24 only applies to you if you are a business customer.
Subject to the below, our liability under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed the lower of: (i) the amount paid by you in the 12 months immediately preceding the event giving rise to a claim; and (ii) £100.
We will not be liable to you under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for:
consequential, indirect or special losses; or
any of the following (whether direct or indirect):
loss of profit;
loss or corruption of data;
loss or corruption of software or systems;
loss or damage to equipment;
loss of use;
loss of opportunity;
loss of savings, discount or rebate (whether actual or anticipated); or
harm to reputation or loss of goodwill.
Nothing in these terms will limit or exclude our liability for:
death or personal injury caused by negligence;
fraud or fraudulent misrepresentation; or
any other losses which cannot be excluded or limited by law.
Your information
Any personal information that you provide to us will be dealt with in line with our Privacy Policy (available here: https://esolbooks.com/privacy-policy/), which explains what information we collect and hold about you, and how we collect, store, use and share such information.
No third party rights
No one other than us or you has any right to enforce any of these terms.
Complaints
If you are unhappy with us or the goods, services or digital content we have provided to you, please contact us at admin@esolbooks.com.
If you are a consumer, our Complaint Handling Policy is available by emailing us at admin@esolbooks.com
If you are a consumer and your complaint cannot be resolved in accordance with our Complaint Handling Policy or you are unhappy with the outcome, you may want to submit your complaint to Ombudsman Services Ltd by going to http://www.consumer-ombudsman.org/. Ombudsman Services Ltd is an alternative dispute resolution (ADR) provider and is approved by the government to provide ADR services. ADR is a process for resolving disputes that does not involve going to court. If you do not wish to use ADR or are unhappy with the outcome of ADR, you can still bring court proceedings.
Governing law and jurisdiction
If you are a consumer, the laws of England and Wales apply to these terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.
If you are a business customer, these terms and any dispute or claim arising out of, or in connection with, the terms, their subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales. You and us both irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms, their subject matter or formation (including non-contractual disputes or claims).
General terms
You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.
If you are a business customer, any variation to these terms will not be binding unless expressly agreed in writing between you and us.
If you are a business customer, you and we both agree that these terms constitute the entire agreement between you and us in relation to your order. You acknowledge that you have not entered into these terms in reliance on any representation or warranty that is not expressly set out in these terms and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement in these terms.
ESOL Books is a part of IMD Group Limited, a limited company registered in Scotland, UK. Address: 82, Berkeley Street, Glasgow, G3 7DS, SCOTLAND. Company number: SC799667
Copyright © 2024 All rights reserved. IMD Group Limited