Terms and Conditions for Subscriptions
These are the terms and conditions, upon which This England Publishing Limited (we) will sell you our subscriptions to our printed and/or digital publications (Subscriptions). They prevail to the extent of any conflict or inconsistency with any other terms in respect of the Subscriptions. Your purchase of any Subscriptions, whether such Subscriptions are bought online via the Site, over the telephone, by mail or via a delivery platform, is subject to these terms and conditions and by placing an order for any Subscription, you agree to be bound by them. These terms only apply to sales to consumers – if you wish to make any business purchases of subscriptions please contact firstname.lastname@example.org.
If you do not agree to these terms and conditions, please do not purchase any Subscriptions.
We may change these terms and conditions from time to time by changing them on the Site. By continuing to purchase Subscriptions you accept these changes and agree to be bound by them. It is your responsibility to check the terms and conditions each time you purchase a Subscription from us.
From time to time we may offer special offers or temporary promotions for our Subscriptions which may either be published on the Site, on other digital platforms, or in our publications. These may be subject to additional terms and conditions which we will let you know about in those offers.
The advertisement of Subscriptions on the Site, on other digital platforms, or in our publications is an invitation to treat only and any order from you constitutes an offer to us to buy such Subscriptions. All orders are subject to acceptance by us. There will be no contract between you and us unless and until we accept your order in accordance with the procedures detailed in these terms and conditions.
The terms and conditions contain the following sections:
Applicability of these terms and conditions
These terms and conditions only apply to the purchase of Subscriptions from This England Publishing Limited, whether such Subscriptions are bought online via the Site, via a digital platform (which may be a third party digital platform), over the telephone or by mail. They do not apply to the purchase of products.
Any restrictions on delivery locations are as stated on the Site or in these terms. Overseas customers can of course always purchase our digital editions and/or digital only Subscriptions.
All orders are subject to acceptance by us.
How to purchase a Subscription from the Site or other digital platform
You can choose to register with the Site, but you do not have to in order to purchase a Subscription from it. If you do register, it will make the process of making a purchase quicker the next time you use the Site. In registering, you will be providing certain personal information to us. You may need to register with the relevant digital platform in order to purchase a Subscription and should consult the access terms of that digital platform.
To make a purchase of a Subscription on the Site you will need to:
- Go to www.thisengland.co.uk
- select which Subscription you wish to purchase;
- if the option is available, select the start issue of your Subscription (which will be the currently available issue or any future issue within the available period as indicated by you) and delivery method and click "buy now" or such equivalent payment confirmation button. You will be informed whether the Subscription qualifies for a free gift
- click “Add to Basket" then continue shopping or "checkout" (as appropriate). You can review your basket at any time to remove Subscriptions or alter the number of Subscriptions that you are buying by clicking on the “View Basket” icon. You will be given the chance to review your order to check that it is accurate before you place your order;
- complete your details and those of the recipient of the Subscription (if different from you and if this functionality is available) and the free gift (if appropriate);
- make payment for the Subscription which can be made using the payment methosds specified on the Site and which incldue by credit or debit card or direct debit;
- we may then send you an initial acknowledgement by email and once we have checked whether we are able to meet your Subscription order and whether payment has been successful, we will either send you an order confirmation by email (order confirmation) (at which point your order will become a purchase and shall conclude the contract between you and us) or alternatively, we will confirm by email that we are unable to meet your order. After entering into the contract we will be under a legal duty to supply you with the Subscription that is in conformity with the contract. Where we are unable to meet your order, we will aim to advise you if possible when we expect the Subscription to become available and you will be given the opportunity to proceed with your order or an alternative order or receive a refund;
- once the order confirmation has been sent to you, we will deliver your Subscription in accordance with the Delivery section below.
To make a purchase of a Subscription on a digital platform other than the Site you will need to follow the procedures specified by that platform.
How to purchase a Subscription over the telephone
To purchase a Subscription by telephone please call 0800 074 0188 (UK) or +44 1382 575052 (Overseas). You will be asked what Subscription you would like to order and to provide your name, address, email address and payment details. Telephone lines are open from 8am-6pm Monday - Friday and 9am to 5pm Saturday (UK time) however these opening times may be varied from time to time at our discretion.
We will then check your order including whether payment for the order has been successful and whether we can meet your Subscription order. We will then orally confirm acceptance of your order at which point your order will become binding and shall conclude a contract between you and us for the purchase of the Subscription or alternatively, we will confirm that we are unable to meet your order. Where we are unable to meet your order for any reason, we will aim to advise you when we expect the Subscription to become available and you will be given the opportunity to proceed with your order or an alternative order or a receive a refund. If you want to proceed with the order notwithstanding that there will be a delay in delivery, we will orally confirm acceptance of your order, at which point your order will become binding and shall conclude a contract between you and us for the purchase of the Subscription. After entering into the contract, we will be under a legal duty to supply you with the Subscription which is in conformity with your order.
Where a contract has been concluded, we will send you a confirmatory email (where possible) and shall thereafter deliver the Subscription in accordance with the Delivery section below. If we do not have your email address, we will include written confirmation of the Subscription purchase when delivering the first issue of the Subscription. This is your order confirmation.
How to purchase a Subscription by post
To purchase a Subscription by post, please send the appropriate coupon or your written request, together with a cheque or payment details for the appropriate amount, to This England, PO Box 814, Haywards Heath. RH16 9LQ.
Upon receipt of your order, we will then check your order including whether payment for the order has been successful and whether we can meet your Subscription order. If we accept your order it will become binding and shall conclude a contract between you and us for the purchase of the Subscription. After entering into the contract, we will be under a legal duty to supply you with the Subscription that is in conformity with your order. If we are unable to accept your order, we will confirm that we are unable to meet your order in writing. Where we are unable to meet your order for any reason, we will aim to advise you when we expect the Subscription to become available and you will be given the opportunity to proceed with your order or an alternative order or receive a refund. If you want to proceed with the order notwithstanding that there will be a delay in delivery, please contact us by telephone on the numbers listed in the section above or write to us at the address above.
Where a contract has been concluded, we will send you a confirmatory email (where possible) and shall thereafter deliver the Subscription in accordance with the Delivery section below. If we do not have your email address, we will include written confirmation of the Subscription purchased when delivering the first issue of the Subscription. This is your order confirmation.
Your personal information
When you purchase a Subscription, whether from the Site, via digital platform, over the telephone or by post, you will need to provide us with certain personal information to enable us to process your order.
Any personal information which you provide to us when you register with the Site or purchase a Subscription must be true, accurate, current and complete in all respects. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use when purchasing Subscriptions. You will notify us immediately of any changes to any personal information supplied to us.
Any free gifts offered when you purchase a Subscription are subject to availability. Where we offer you a gift with the purchase of a Subscription, every effort will be made to supply the gift illustrated but we reserve the right to provide an alternative gift if we cannot supply the original for any reason.
Our policy, unless indicated otherwise, is that any free gift will be sent to the donor of the Subscription. When you place an order for a Subscription, whether from the Site, via a digital platform, over the telephone or by post you will be asked whether you would like a special message to be included in a gift card (if appropriate).
Age of consent
Although you may be able to register as a user of our Site if you are under 16, please note that we do not sell Subscriptions to under 16s. All Subscriptions must be purchased by an adult of 16 or over using their own account details.
By submitting an order, you are confirming to us that you are 16 or over.
If we discover or are of the opinion that you are not legally entitled to order a Subscription, we shall be entitled to cancel the order immediately, without notice to you.
Price and payment
All prices are inclusive of VAT where applicable at the current rates and delivery charges.
All prices are correct at the time they are given. Prices are liable to change at any time but changes will not affect orders for which you have already paid. If we change the Subscription price (which we may do at any time), this will not affect your current Subscription but the higher price will apply upon its renewal.
The Site and the publications contain a large number of Subscriptions and it is always possible that some of the Subscriptions listed may be incorrectly priced. We will verify prices as part of our sale procedures so that the correct price will be stated when you pay for the Subscriptions. We will also confirm the price to you when you submit your order using the telephone. If we discover a manifest error with our prices then we may cancel your order and refund you.
You will have different payment options available to you when purchasing a Subscription and these will be brought to your attention during the ordering process and before the contract between you and us is concluded.
When making a purchase via the Site, you can either:
- Pay using a credit or debit card through our secure third party payment gateway. All credit/debit card purchases are subject to validation checks (which you consent to) and authorisation by the card issuer. If the issuer of your payment card refuses to or does not for any reason authorise payment to us for a particular purchase, we will not accept your order. Please note that it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this; or
- Pay via direct debit. If you pay for your Subscription by Direct Debit, you are automatically protected by the Direct Debit Guarantee. Details of the Direct Debit Guarantee are available during the checkout process. We will also send you a copy of this along with the details of the date of the first Direct Debit from your account and amount of subsequent payments. Direct Debits will be taken from your account by the regular installments as advised at the time of placing your order. You may cancel the Direct Debit at any time by contacting your bank or building society but this will have the effect of also cancelling your Subscription and you will no longer receive any further issues once the cancellation has taken effect.
Payment options relating to purchase via the telephone or by post are set out in the relevant sections above.
Payment options relating to purchase via digital platforms other than the Site will be set out on that digital platform.
You may choose to access additional products and/or services which are not included in the price for the Subscriptions. Such additional charges will be described during the order process and you will be responsible for paying the same.
Term and Number of Issues
The minimum Subscription term will be described during the order process. Some promotional offers may have a 12 month minimum term. Some offers may not be available to existing subscribers.
The number of issues you will receive as part of your Subscription will be the number described to you during the order process. This may or may not be the same as the total number of issues of that publication available during your Subscription period.
Standard Subscription Rates
Unless we agree otherwise with you, the first delivery of any print Subscription may take up to six (6) weeks to be delivered, with the next and subsequent issues being delivered at the normal frequency for that publication. Where possible, we will advise you at the time of purchase of the anticipated date of delivery of the first issue of the Subscription.
Unless we agree otherwise with you, deliveries of any digital Subscription will be within 30 days of acceptance of your order/payment (as applicable)
If a free gift is included in a Subscription which you have purchased, we shall use our reasonable endeavours to deliver this free gift, under separate cover from the Subscription and within twenty-eight (28) days of conclusion of the contract.
We shall use our reasonable endeavours to meet any date agreed for delivery, but we will not be liable for any losses, costs, damages or expenses incurred by you or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
Delivery of the Subscriptions shall be made to the delivery address specified in the order and you shall make all arrangements necessary to take delivery of the Subscriptions whenever they are tendered for delivery.
Working with third parties
We may also offer gift vouchers from time to time and if we do, they may only be redeemed in accordance with the terms specified on the voucher so please read these carefully. Please note that Subscriptions purchased using gift vouchers will only be delivered to addresses in the country or countries stated in the separate terms and conditions of the gift voucher.
We may also offer you e-coupons from time to time, in which case you will be asked to provide the reference code of your e-coupon. If you are unable to provide us with the reference code or the code you provide to us has already been activated, we are not obliged to accept your coupon. E-coupons are and remain the property of This England Publishing Limited and are personal to you. They may not be transferred or reproduced or distributed. If we believe you are using an e-coupon unlawfully, we will refuse to honour it and you may be committing an offence. We reserve the right to cancel an e-coupon at any time before it has been used. E-coupons cannot be exchanged for cash, gift vouchers or other items. We may restrict you from using e-coupons on certain products or apply minimum spend restrictions. Where an e-coupon has been used for an order of more than one product, the value of the e-coupon is applied proportionately to the value of the whole order and if a product is returned you will receive the proportionate refund. Additional restrictions may apply – please refer to the terms on the e-coupons.
When you take out a digital Subscription and pay using Direct Debit, it is on a continuous basis, meaning that your Subscription will automatically renew, without notification, for the same subscription period as the initial subscription period. You may cancel your Subscription at any time, with such cancellation to take effect at the end of the minimum subscription period, on 30 days’ notice by following the cancellation process set out in the “Cancellations” section below.
We will advise you at the time you place an order whether your print Subscription or any Subscriptions paid for using payment methods other than direct debit will automatically renew. The provisions above in this “Continuous Subscriptions” section will apply to any such automatically renewing Subscriptions.
Title and risk
The issues of the publication, and/or any log in details to access Subscriptions, subscribed to you will be at our risk until it comes into your physical possession or the possession of a third party nominated by you to take possession of the relevant material. Ownership of each issue or log in will only pass to you upon the later of:
- delivery of the relevant material; and
- receipt by us of full payment of all sums due in respect of the Subscription.
Cooling Off Period for Print Subscriptions
If you change your mind or for any other reason decide you do not want to subscribe to one of our publications ordered by post, telephone or online from our Site, or via digital platform, you may cancel your order at any time before your first issue of your current Subscription and up to fourteen days after the day you receive the first issue of the current Subscription. You may also receive a refund in respect of the first delivered issue of the Subscription where you have received such issue before you have exercised your right to cancel in accordance with the fourteen day cooling off period. You will of course also be refunded in respect of any subsequent issues of the Subscription already paid for.
You must also return all cancelled Subscription issues that you have received to us with the original packaging unopened within fourteen days of cancellation, and at your own cost and risk. If you have received a free gift with this Subscription, this must also be returned unopened along with the publication. Returned issues must clearly show the order number obtained from us on the package and should be sent to the address noted at the end of these terms and conditions.
You have a legal obligation to take reasonable care of the publication while it is in your possession. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration from you, up to the price of the Subscription, from the refund to which you are otherwise entitled.
Cooling Off Period for Digital Subscriptions
Where a Subscription contains aspects which will be delivered digitally, you agree to such Subscription starting immediately on the conclusion of the contract and once any part of the Subscription has been delivered to you, you waive any statutory or “cool off” cancellation rights you may have to cancel the contract and obtain a full refund if you change your mind.
Contractual Rights to Cancel Subscriptions
Pre-Payment Subscriptions: Other than in respect of Subscriptions to be paid for by installments (whether by direct debit or any other payment means), and only where there is no minimum subscription period, You may cancel a Subscription at any time on 30 days’ notice by following the cancellation process set out in the “Cancellations” section below. In this event, we will, on your request, give you a proportionate refund relating to the unexpired term of the Subscription period where you have paid for this in advance.
Payment Installment Subscriptions: Where Subscriptions are to be paid for by installments (whether by direct debit or any other payment means), any minimum subscription period set out when placing your order will apply. Accordingly, you may cancel such Subscription at any time, with such cancellation to take effect at the end of the minimum subscription period, on 30 days’ notice and by following the cancellation process set out in the “Cancellations” section below.
To cancel a Subscription, you must inform us:
- in writing, either to the address noted at the end of these terms and conditions or by emailing us at email@example.com giving us your name, address and order reference.
- by telephone by calling us on 0800 074 0188 (UK) or +44 1382 575052 (Overseas). for overseas calls, giving us your name, address and order reference.
To return the print issues Subscription (if applicable, see above), you should package the parcel securely (making sure you include a note of your name and address (enclosing any returns slip, if we have provided one) inside the parcel) and then return it to us, either by courier or by recorded delivery mail or other form of certified mail to the following address:
This England Subscriptions
DC Thomson & Co Ltd
2 Albert Square
We advise that you take out enough postal/carriage insurance to cover the value of the contents. Please save your proof of posting/despatch and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the Subscription (and any free gift) (if either are applicable) to us.
Details of the consumer rights described above, and an explanation of how to exercise them, are provided in the order confirmation. Nothing in this section affects your legal rights.
If you cancel a contract between us for a Subscription within the fourteen-day cooling-off period (see above), we will process any refund due to you as soon as possible and, in any case, within fourteen days after the day you have given notice of your cancellation. We will refund the price of any un-mailed issues of the Subscription that you have already paid for in full. Where you cancel a contract within the fourteen day cooling off period and also require a refund of the first issue of the Subscription (where this has been received by you before you have exercised your right to cancel) we will refund the cost of that issue of the Subscription in full, including the cost of standard delivery. However, we will not refund your cost of returning the issue to us.
All other refunds will be made as soon as reasonably practicable. We will refund any money received from you using the same method originally used by you to pay for your purchase unless otherwise agreed.
You will not receive a refund if a portion or all of our digital products are temporarily unavailable. If we temporarily reduce or eliminate the charge for digital content or digital access that you are currently paying for under different terms you will not receive a refund in respect of this.
If any publication is damaged or faulty when delivered to you, we may offer an exchange or refund, as appropriate, in accordance with your legal rights. If you believe a publication was delivered damaged or faulty, you must promptly inform us in writing, giving us your name, address and order reference. Nothing in this section affects your legal rights.
It is not possible to describe every detail of the Subscriptions available to purchase on the Site or in a publication. Each description is therefore abbreviated and to the best of our ability, is correct at the time of its input onto the Site.
Our rights to withdraw Subscriptions and publications
We reserve the right to withdraw any Subscriptions offered on the Site or in a publication at any time. We may, for example, cease to publish a publication at any time.
We shall not be liable to anyone for withdrawing any Subscription from the Site or a publication or for refusing to accept an order.
Where you have paid us any advance payments and we have withdrawn Subscriptions or a publication, we will offer you an alternative Subscription or a full refund for any advance payments relating to unfulfilled Subscriptions.
Nothing in these terms and conditions shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded.
Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer arising from any contract shall not exceed the purchase price of the relevant Subscriptions and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
We shall not be obliged to perform our obligations under this agreement to the extent that we are prevented, hindered or delayed by reason of ‘Force Majeure’ which shall mean any cause or event beyond our reasonable control and including: war, civil war, armed conflict, terrorist attack, riot, civil commotion, malicious damage; compliance with any law or governmental order, strikes, or other industrial disputes, accidents, explosions, breakdowns of plant or machinery, failure of transport links, failure of telecoms links, unavailability of the internet or any utility, fire, flood, storm or adverse weather conditions, epidemic or pandemic, acts of God or failure to perform by our suppliers or sub-contractors.
Our liability to you arising under or in connection with these subscription terms or arising from or in connection with any breach or non-performance of these subscription terms no matter how fundamental (including by reason of our negligence) in contract, tort or otherwise in relation to any issue shall be limited to the fees you have paid to us for that issue
If any part of provision of these terms and conditions are found to be unenforceable, this shall not affect the validity of any other part or provision.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. We may assign these terms and conditions or any rights hereunder without your consent or notice.
These terms and conditions supersede any previous versions.
These terms and conditions shall be governed by English law, and you agree that any dispute between us regarding them or the Site will only be dealt with by the English courts, provided that, if you are a consumer and not a business user and live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
Please submit any questions you have about these terms and conditions or any problems concerning the Site by email to firstname.lastname@example.org, by telephone on Freephone 0800 074 0188 (UK) or +44 1382 575052 (Overseas) between the hours of 9am to 5pm, Monday to Friday (UK Time) or write to us at: D C Thomson & Company Limited, 2 Albert Square, Dundee, DD1 1DD.
Last updated: August 2017 © This England Publishing Ltd. 2017