Terms and conditions
(together with the website sections referred to on it) sets out the terms and conditions (Terms) on which DLT supply any of its products (Products) to the client (You or Your). The products include but are not limited to magazine packs
(bundled printed editions of magazines), magazines that You may download and
other extras and accessories that are listed on all or any of our websites www.dltmagazines.co.uk,
www.dltmagazines.ie or www.dltmagazines.eu] (Site).
Please read the
Terms carefully before ordering any Products from our Site. You should understand that by ordering
any of our Products, you agree to be bound by these Terms.
You should print a copy of these Terms for future reference.
Please click on the button marked "I Accept" at the end of these Terms
if You accept them. Please understand that if you refuse to accept out Terms,
You will not be able to order any Products from our Site .
Information about us
1.1 The Site is operated by DLT Media (UK) Limited (DLT).
DLT is registered in England and Wales under company number 04266636 and has
its registered office at:
Unit B1 Kingswey Business Park
Our VAT number is GB788618759.
Our Site is only intended for use by businesses with a delivery address in the European
Union. DLT do not accept orders from businesses with a delivery address outside
By placing an order through the Site, You warrant that:
(a) The person placing the order is authorised to enter into binding contracts on behalf of Your business; and
(b) You are not entering into any contract with DLT as a consumer; and
(c) You are resident in the European Union; and
(d) You are accessing our site from that jurisdiction.
the contract is formed between you and us
4.1 Please see the “How to Order” section on the Site for information on how to
place, check and make an order. All orders that You place on with us will be
subject to DLT’s acceptance in accordance with these terms and conditions.
4.2 After placing an order on our Site, You will receive an e-mail or a letter
from us acknowledging that DLT has received your order. Please note that this
does not mean that your order has been accepted. Your order constitutes an
offer to us to buy the relevant Products. All orders are subject to acceptance
by us, and DLT will confirm such acceptance to You by sending you an email or a
letter to confirm acceptance of your order (the Acceptance Confirmation). The contract between us (Contract) will only be formed when DLT
send you the Acceptance Confirmation. If you order products from DLT by
telephone, you may not necessarily receive an Acceptance Confirmation but
acceptance of your order will be indicated to you during the course of the
telephone call (or by any subsequent call to you or written confirmation). When
you make your order, you are deemed to have read these Terms which are
incorporated into the Contract at the time we indicate acceptance.
4.3 The Contract will relate only to those Products DLT have confirmed in the
4.4 We advise you to print a copy of the Acceptance Confirmation and keep it
with a copy of these Terms for your own records.
4.5 These Terms
apply to the Contract to the exclusion of any other terms and conditions that
You seek to impose or incorporate or which are implied by trade, custom,
practice or course of dealing.
The Products include but are not limited to the following:
Magazine Pack: this comprises a preset amount and type of magazines depending
on which pack you select. Magazines are selected by DLT to suit your business
type. From time to time DLT reserve the right to add new titles and withdraw
existing titles without prior notice to You.
5.2 Custom Magazine Packs:
these provide You with the opportunity
to select your specific magazine subscriptions from a pool of available titles
up to a quantity of 8, 12, 18 or 24 magazines. Magazines selected by You are
ordered as subscriptions sold through DLT and accordingly your subscription is
with DLT rather than the magazine publisher.
5.3 DLT do not supply cover mounts or free gifts that may accompany magazines
from time to time. At your request DLT will pass your details onto the
publisher who at their discretion may forward any such items to You.
5.4 DLT may also supply magazine supplements, magazine protectors, magazine
racks and coffee. Our current Product range appears
on the Site.
6.1 The price of any Products will be as quoted on the Site from time to time,
except in cases of obvious error. If the error could reasonably have been
recognised by You as a mispricing, we may end Your Contract, refund to You any
amounts You have paid and require the return of any Products you have received.
Please see paragraphs 6.6 and 6.7 below.
6.2 Payment may be made in advance by credit/debit card, BACS or cheque.
Alternatively you can pay on invoice or DLT can arrange to collect the amount
due by Direct Debit either quarterly or monthly at no extra charge to You. In
the event of late payment, DLT reserve the right to charge interest on any
outstanding sums, in accordance with the Late Payment of Commercial Debts
(Interest) Act 1998.
6.3 All prices quoted are inclusive of delivery but exclusive of VAT or sales
tax where applicable unless otherwise specified. For deliveries to Northern
Ireland, Northern Scotland, Isle of Wight, Isle of Man and Channel Islands
there is a £3.00 surcharge.
6.4 DLT retain the right to withhold delivery of magazines should any payment
or portion of payment thereof outstanding not be received.
6.5 Prices are liable to change at any time, but changes will not affect orders
in respect of which DLT have already sent You an Acceptance Confirmation. If
our prices do change DLT will confirm the new price to You in writing.
6.6 Our Site contains a large number of magazines and despite our best efforts
it is possible that some of the magazines listed on our Site may be incorrectly
priced. If this happens DLT will notify You accordingly within a reasonable
time. Where a magazine’s correct price is less than our stated price, DLT will
charge the lower amount when dispatching the magazines to You. If a magazine’s correct
price is higher than the price stated on our Site, DLT will normally, at our
discretion, either contact You for instructions before dispatching the magazines,
or reject your order and notify You of such rejection.
6.7 DLT are under no obligation to provide the magazines to You at the
incorrect (lower) price, even after DLT have sent you an Acceptance
Confirmation, if the pricing error is obvious and unmistakable and could have
reasonably been recognised by You as a mis-pricing.
7.1 VAT on magazines is zero rated. VAT on any other Products DLT offer will be
charged at the appropriate rate.
7.2 VAT registered
customers in European Union member states other than the United Kingdom must
submit their VAT numbers to DLT for inclusion by DLT on their invoices for the
purposes of zero-rated intra-community supplies of goods. Goods supplied to VAT
registered customers in the European Union will be liable to United Kingdom VAT
at zero-rate. If non-United Kingdom VAT registered customers do not provide DLT
with their VAT registration number they may become liable to United Kingdom VAT
at prevailing rates with respect to Products sold to them by DLT. Non VAT
registered customers outside the United Kingdom will be charged VAT at the
standard United Kingdom rate.
8. Annual subscription period
8.1 All magazine subscriptions are on a 12 month basis. Certain magazines do
not publish on a monthly basis and You will not be eligible for a replacement
title in any given month in which a magazine is not published. The subscription
period will commence from the date of delivery of the first magazine.
9.1 Each Contract if it relates to a magazine subscription (Magazine Subscription Contract) constitutes a rolling agreement and in the
absence of any express notice from You to terminate the Contract in accordance
with our cancellation policy below, the Contract will renew for an additional
12 month period subject to the same terms and conditions.
9.2 DLT reserve the right to reasonably amend the terms and conditions of a
Magazine Subscription Contract with
particular reference to any increases in the price and delivery price of the
magazine , and will endeavour to provide You with a minimum of 6 weeks’ notice
of their intention to do so.
9.3 Prior to the renewal date of a Magazine Subscription Contract and in
accordance with the cancellation policy below, You are entitled to cancel Your
Magazine Subscription Contract or switch to one of the alternative DLT magazine
subscription services on offer. Continuing subscribers to the DLT custom pack service
will be entitled to change any magazine titles covered by their Magazine
Subscription Contract for those from the pool of magazines available. Any such
substitution requests must be received at least one full calendar month prior
to the Magazine Subscription Contract renewal date.
10.1 Once delivery of the first magazine
forming part of the Magazine Subscription Contract has been made, no refunds will be given for
total or part cancellation of the Magazine Subscription Contract by You. Should you wish to terminate Your
Magazine Subscription Contract for any
reason, You will be required to do so by post, email, fax or letter providing a
minimum of one full calendar months’ notice from date of receipt, prior to the
renewal date of your Magazine Subscription Contract with us.
10.2 You will remain liable for the cost of the remaining element of your
Magazine Subscription Contract and undertake to pay DLT in respect of the cost
of the outstanding subscription period and any costs incurred by DLT in
recovering these monies.
10.3 If You are in any material breach
of any term of a Contract or if any distress or execution shall be levied upon
Your corporate assets, or if You shall make or offer to make any arrangement or
composition with Your creditors, or if there is any resolution or petition to
wind up Your business (if You are a limited company and if it is other for the
purpose of amalgamation or reconstruction) which can be passed or presented, or
if any receiver of Your undertaking, property or assets or any part of them
shall be appointed, or if You shall commit any act or omission entitling any
party to take any of the above steps, DLT shall have the right forthwith to
terminate any Contract upon written notice and without prejudice to any claim
or right we may otherwise make or exercise and if any Product has been
delivered but not paid for, the price shall become immediately due and payable.
In the event that “force majeure” events as described in paragraph 14.3 have
not ceased within 60 days, DLT may terminate any Contract in force at the time.
For the avoidance of doubt, in any of these circumstances, any Magazine
Subscription Contract shall be discontinued upon giving you written notice.
11.1 The Magazines will be delivered to your business address by secure
11.2 Magazines damaged prior to delivery will be replaced free of charge
however no liability can be accepted for goods damaged subsequent to delivery.
Where a magazine title ordered is unavailable, at their sole discretion, DLT
shall substitute this with a similar title.
11.3 Whilst every effort will be made to effect delivery in accordance with the
time specified, the time for delivery shall not be of the essence of the
agreement and DLT will not accept responsibility or be liable for any loss or
damages occasioned by delay in delivery, howsoever caused.
11.4 Any concern
relating to the delivery date, or general condition of the magazines delivered
must be notified to us within 7 days from the date on which the magazines were
or should have been delivered. Should any defects or discrepancies not be
reported to us within this time, You will be deemed to have accepted the goods.
11.5 DLT must be
notified of any changes of address at least 3 weeks in advance of delivery, in
writing or by telephone, quoting the old and the new address. DLT will not be
held responsible for any incorrect deliveries resulting from a failure to
notify DLT of a change of address in the prescribed manner.
11.6 With the exception of weekends and Public Holidays, DLT must be notified
of any periods of closure of your business or business premises, at least three
weeks prior to the anticipated date. Where delivery of your magazines is likely
to coincide with this date and notice has been received, DLT will make
arrangements for the temporary storage of the magazines and an alternative
delivery will be arranged for a mutually convenient time. Where no notice is
received and DLT or our authorised agents are unable to successfully deliver
the magazines, any delivery charges incurred directly or indirectly by us will
be payable by You.
Retention of title and passing of risk
12.1 You expressly agree that until You have paid in full for the Products comprised
in any Contract, the Products remain the
property of DLT. Should outstanding payments for the Products not be
forthcoming, You undertake to pay all costs DLT incur in the collection of any
such sums due, including legal costs.
12.2 Risk of
damage to or loss of any Products passes to you at the point that delivery is
made, or subject to paragraph 11.6, when we tender delivery (even if our agents
are unable to effect actual delivery) or if You wrongfully fail to take
delivery of any Products.
13. Magazine substitutions
13.1 DLT reserve the right to change the titles of any magazines comprised
within any pre-selected or custom magazine packs from time to time and without
notice to you. DLT will only make substitutions if it considers it to be
reasonably necessary to do so whether or not for the reasons set out in
paragraph 14 below. DLT’s substitution of magazine titles under this paragraph
13 does not give You the right to repudiate any Contract.
14.1 DLT has no control over the publishers of the magazines offered and the
publisher reserves the right to change the publication dates and frequency of a
title without notice. In such instances, DLT will make reasonable attempts to
substitute the magazine for a similar title however there will be no obligation
on DLT to do this.
14.2 In the event that a magazine title is terminated, subscribers to custom packs
will be given the opportunity to select a replacement magazine in accordance
with these terms and conditions. Subscribers to the pre-selected packs will
have a replacement title chosen for them by DLT.
14.3 DLT shall not be liable to You or be deemed in breach of any Contract by reason of any delay in performing, or any
failure to perform any of DLT’s obligations under such Contract, if the delay or failure was due to
any cause beyond DLT’s reasonable control (event of “force majeure”). This may
include but is not limited to any act of god; legislation; war; fire; flood;
drought; inadequacy or unsuitability of any instructions, electronic file or
other data or materials supplied by You; failure of power supply; lock-out,
strike or other action taken by employees in contemplation or furtherance of a
dispute; or owing to any inability to procure materials required for the
performance of the Contract. The exit of the United Kingdom from the European
Union shall not be regarded as an event of “force majeure”.
14.4 In the event that the Products prove to be defective for any reason,
including negligence, DLT’s liability (if any) shall be limited to the
rectification of the defector replacement of the individual Product item in
question. Where DLT rectify defective Products or replace them under this paragraph
14.4 You shall not be entitled to any further claim in respect of the Products delivered
nor shall You be entitled to treat delivery thereof as a ground for repudiating
the Contract failing to pay for the Products or cancelling further deliveries.
14.5 DLT shall not be liable to You by reason of any representation (unless
fraudulent), or any implied warranty, condition or other term, or any duty at
common law, or under the express terms of this contract or any further
agreement, for loss of profit or for any indirect, special or consequential
loss or damage, costs, expenses or other claims for compensation whatsoever
(whether caused by DLT’s negligence or negligence by DLT’s employees or agents
or otherwise) which arise out of or in connection with the supply of any
Products except that nothing in this
paragraph 14.5 shall limit DLT’s liability for death or personal injury arising
out of its negligence or the negligence of its employees, agents or sub-contractors,
fraud or fraudulent misrepresentation, breach of any terms implied by section
12 of the Sale of Goods Act 1979, defective products under the Consumer
Protection Act 1987 or any matter in which it would be unlawful for us to
exclude or restrict our liability.
14.6 DLT reserve the right to lawfully refuse to enter a Contract with any
business, without providing reasons for this refusal.
14.7 DLT’s aggregate liability in connection with any Contract (whether in
contract, tort or otherwise) for loss or damage shall not exceed the price of
the subscription in respect of one incident or a series of incidents relating
to a Magazine Subscription Contract, or the value of the individual Product in
question if it is not a magazine, except as expressly provided in these Terms.
and data protection
15.1 DLT undertake to You that DLT shall use all reasonable endeavours to
prevent its employees and contractors divulging or communicating to any person,
except as may be required by law or any other legal or regulatory authority,
any confidential information about You which may come to DLT’s knowledge.
15.2 DLT are committed to protecting privacy. DLT will take all reasonable
precautions to keep any personal data (as defined in the Data Protection Act
1998) You provide it with, secure and
only use the information to provide the Products or deal with You with a view
to forming Contracts lawfully and in
accordance with the Data Protection Act 1998.
16.1 DLT™,DLT Media™ and DLT Magazines™ are trade marks that belong to DLT.
16.2 The Site
and these Terms are protected by copyright belonging to DLT and all rights are
reserved with respect to all intellectual property belonging to DLT.
intellectual property rights, including but not limited to copyright, trade marks,
patents and designs in relation to any Products are owned by the respective
publisher of proprietors or the licensors of such Products and all rights are
reserved. No licence to use any of them is given to You by DLT or any other
third party or may be implied if You enter into any Contracts
17.1 When using the Site, You accept that communication with us will be mainly
electronic. DLT 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 DLT provide to You
electronically comply with any legal requirement that such communications be in
18.1 All notices given by You to us must be given to DLT Media (UK) Ltd at Unit
B1 Kingswey Business Park, Forsyth Road, Woking GU21 5SA, United Kingdom, or to firstname.lastname@example.org. DLT may give notice to You at either the e-mail or
postal address you provide to us when placing an order, or in any of the ways
specified in paragraph 17 above. 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.
Transfer of rights and obligations
19.1 Every Contract is binding on You and DLT and on our respective successors
19.2 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
19.3 DLT 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.
20.1 If DLT 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 DLT fail to exercise any of the rights or
remedies to which DLT 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.
20.2 A waiver by DLT of any default shall not constitute a waiver of any
20.3 No waiver by DLT of any of these terms and conditions shall be effective
unless it is expressly stated to be a waiver and is communicated to You in
writing in accordance with paragraph 18
If any of these Terms or any provisions of a 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.
22.1 These Terms and any document
expressly referred to in them including any terms and conditions contained in
any accepted order or Acceptance Confirmation, 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
22.2 DLT and You each acknowledge that, in entering into a 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.
22.3 Neither of 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
right to vary these Terms
23.1 DLT have the right to revise and amend these terms and conditions from
time to time.
23.2 You will be subject to the policies and terms and conditions in force at
the time that you order Products from
us, unless any change to those policies or these terms and conditions is
required to be made by law or governmental authority (in which case it will
apply to orders previously placed by You), or if DLT notify You of the change
to those policies or these terms and conditions before DLT send You the
Acceptance Confirmation (in which case DLT have the right to assume that You have
accepted the change to the terms and conditions, unless You notify us to the
contrary within seven working days of receipt of the Products ).
You may not
assign or sub-contract any of your rights or obligations under any Contract to
any third parties unless expressly agreed in writing by DLT.
25. No Partnership
Nothing in these
Terms or in any Contract is intended to, or shall be deemed to constitute a
partnership or joint venture of any kind between DLT and You, nor constitute
any party to be the agent of the other party or of any entity for any purpose.
26. Third Party Rights
No one other
than a party to any Contract made under these Terms shall have any right to
enforce any terms of such Contract.
27. Law and jurisdiction
These Terms are subject to English Law and You consent to the exclusive
jurisdiction of the English courts in all matters regarding any Contract or any
Conditions document: Version 2.1 31.03.2017 - © DLT Media (UK) Limited 2017