1.       Throughout these Terms & Conditions, Borders (UK/Ireland) Ltd will be referred to as Borders.  The customer and user of the Borders’ Website will be referred to as “You” and the term “Your” will be used as appropriate throughout.     

2.       All on-line sales by Borders to You are made subject only to these Terms & Conditions.  These Terms and Conditions cannot be varied other than in writing and signed by a Director of Borders. Borders may, at any time, make changes to the Website, its manner of trading and these Terms & Conditions.  If any of these Terms & Conditions is deemed invalid or unenforceable, the offending Term or Condition will be deemed to be severable from the remaining Terms & Conditions which will continue to remain enforceable. 

3.       Before You can proceed to the “Check-out” to make a purchase, You must indicate in the box provided on the relevant page of the Website, that You accept these Terms & Conditions as being binding on You. 

4.       While Borders makes every effort to post up-to-date and accurate information on its Website it does not guarantee the accuracy of the information (except as to the description of the products sold, hereafter described as “items”).  Furthermore, Borders does not represent or warrant that any of the functions on the Website or server will operate without interruption or delay or that they will be error free, free from defects, viruses or bugs or be compatible with any other software or material.  Accessing the Borders Website is entirely at Your own risk. 

5.       Borders’ prices, offers and items available on the Website are always subject to change.  Any changes will only apply to any Orders made before they are accepted by Borders in accordance with these Terms & Conditions. 

Use of the Website & information provided by You 

6.       If You choose to purchase items from Borders’ Website You will be required to provide certain mandatory personal information to Borders. Your name, address, telephone number and email address must always be provided.  This will allow You to register Your own password.   

7.       If You decline to answer the mandatory questions, You will neither be permitted to register a password nor will You be permitted to proceed with any desired transaction. 

8.       We may ask You additional non-mandatory questions about Yourself and may at any stage change the non-mandatory questions to mandatory ones for additional security purposes. 

9.       The use of a password is to provide You with a means of restricting access by anyone else to Your account with Borders.  You are therefore responsible for all transactions that are conducted on the Borders’ Website using Your personal information and the password chosen.  You will not be permitted to conduct any transaction without using Your password.   You should therefore keep Your password safe and not disclose it to anyone and should change it immediately upon learning (or believing) that some other person knows it.  At the same time You must notify Borders immediately if You believe that Your password has become known to someone else and has been or is likely to be used without Your permission. 

10.   If any of Your mandatory personal information changes at any time after You have registered a password with Borders, You must provide Borders with details of the changed information.  This includes Your credit card billing address and email address.  Changes can be registered on the Borders’ Website in the Section indicated for such purposes. 

11.   Borders will observe the strict confidentiality of Your personal information.  However  Borders may need to share some of Your personal information for the purposes of fulfilling any orders placed by You.  The information will only be shared as is absolutely necessary and will be provided on the basis of a strict Confidentiality Agreement with the person to whom Borders provides the information.  The third parties to whom information may be imparted may include third party suppliers (if relevant) and, in the case of credit card information, the relevant credit card clearing house used by Borders.  Under no circumstances will Your password details be imparted to any third party. 

12.   For the purposes of security in relation to credit card information, the standards outlined in the Payment Card Industry Data Security Standard (“PCI DSS”)  published on the  website www.pcisecuritystandards.org from time to time are applied by Borders.   

13.   Because You are responsible for all content sent from Your computer to Borders, You have the responsibility to ensure that Your use of the Borders Website is restricted solely to lawful purposes. You may therefore not use the Website in any way causing damage to it or in such manner that impairs access to it by third parties. 

Borders’ privacy policy  

14.   Because Borders observes the strict confidentiality of Your personal information and it is only ever imparted to third parties in the limited circumstances described at Clause 11 above, the information derived for the above purposes is not passed to any third parties.  Borders does not store any information relating to your credit cards. 

15.   To see how Borders uses your information and how you are protected, You are referred to Borders’ Privacy Policy which can be found at our Privacy statement section. If you are in any way concerned about the Policy or the way in which it is managed, you are asked to contact Borders’ Customer Services Unit whose details are below. 

Borders’ Community and Consumer Content Pages 

16.   Borders will operate Community and Consumer Content pages for: (a) use as a discussion forum on the products sold by Borders via the website; (b) posting messages; (c) hosting discussion threads on topics or books or other items sold by Borders; (d) hosting book and author reviews; and (e) hosting blogs. 

17.   Because these pages will be post-moderated (Borders will only police the content after it has appeared), Borders cannot and will not be held responsible for the content of any notices, reviews, messages, discussion threads or blogs posted on them.   

18.   Only Borders website subscribers who have a valid password will be permitted to post content on the Borders Community and Consumer Content pages. If You post material on these pages, the material must not contain any illegal, obscene, unlawful, harmful, abusive, defamatory or material which is an invasion of privacy. You may not post material which is injurious to third parties.  “Injurious” can mean amongst other things, any information revealing another person’s private information without that person’s consent, or posting material which is hateful or objectionable or racially or religiously intolerant. Material which contains software viruses or any form of scam is banned as are materials unconnected with the products sold by Borders through the medium of the Website.  

19.   In addition to the objectionable materials referred to above, no subscriber to the Community and Consumer Content pages may post inflammatory material for the purposes of being obnoxious or to create antagonism amongst the visitors to the Borders Website.  

20.   Furthermore the right of access to the Borders Community and Consumer Content pages may not be used for the purposes of commercial use or to transmit or display any commercial materials contained in it for any purpose other than for the purpose of purchasing the goods available via the Website.  Consequently, derivative use of the contents of the Website or the copying of any information on it is prohibited. 

21.   You may not post any material which infringes another’s intellectual property rights. 

22.   Any notice or material posted in violation of the above prohibitions may result in Borders taking action against You which may include bans from the Community and Consumer Content pages, the blocking of access to the Website (including Your order history) and the removal of rights to purchase from Borders via the Website.  

23.   If any notice, message or discussion thread posted by You is in breach of any law which might result in a criminal offence, Borders will be entitled to report such breaches to the law enforcement agencies. In such circumstances Your privacy rights under these Terms & Conditions will no longer have application and Borders will be free to hand over any private information about You held by it if so requested. 

The Sale Contract

24.   The Sale process will commence once You have placed an order via the “shopping basket” on line and have had Your credit card details accepted for the payment.   

25.   You must note that the placing of an order and the submission of Your credit card details (even if those details are accepted) will only amount to an offer by You to buy the selected item(s) from Borders via the Website.  Borders will not be bound to accept the offer and supply the items to which the offer is made unless the Sale Contract is concluded (and then only subject to these Terms & Conditions – see below).   

26.   Borders will send You a first email as soon as you have placed an order.  This email will merely be to confirm that Borders has the information and is in the course of locating the items ordered by you.  At this stage Borders is not accepting your order.  This email is sent to the email address provided by You in the relevant mandatory field which is required to be completed in order for the order to be processed 

27.   A Sale Contract between You and Borders is only concluded once Borders has confirmed to You in a second email that the item(s) chosen by You is/are in stock and is/are in the course of despatch to You. The confirmation will be made by email to the same email address as provided for above.   

28.   If an order is placed by You for more than one item and an item is not available in stock, then You will be informed in the email confirmation of those item(s) that are available and which are to be despatched and those item(s) which are not available. As regards the item(s) that are not available, there will be no Sale Contract concluded and You will not be charged for them.  Borders will not be bound to supply the items that are not in stock at the time of placing an order but subsequently come into stock unless and until You have placed a new order and that order has been accepted. 

29.   Please note that the Sale Contract with You which comes into existence by Borders’ acceptance of the order and despatch of the items will only ever be concluded subject to these Terms & Conditions.  Any purported Term or Condition that You may seek to impose on the Sale Contract will not form part of the Sale Contract and will be of no force and effect.  

Pricing 

30.   Borders will make every effort to ensure that the prices shown against items on the Website are accurate and up-to-date. Borders, however, purchases books and other items from third parties and, it is possible, therefore, that the prices advised to Borders by a third party may be inaccurate. If, therefore, the correct price of a product is higher than the price advertised on the Borders Website, Borders may (provided that prompt notice is given to You of the incorrect pricing) notify You of the incorrect price and may, (subject to Your right to withdraw Your order) charge You the higher price. 

31.   If You are notified of a higher price in accordance with this provision, You must respond within 14 days as to whether or not You will withdraw the order. If within 14 days, You fail to elect to withdraw, You will be deemed to have accepted the to continue with the order at the higher price and You will be charged accordingly.  Borders shall have the right to refuse the order itself and to decline to make delivery of the item(s) ordered.  In such event, You will be notified by email of the refusal by Borders.  

32.   Borders reserves the right to make at any time before a Sale Contract is concluded and at its discretion, changes on the Website to any prices, offers, items (including as to their specification). 

33.   The advertised prices exclude postage and packing. If You are ordering items which require to be delivered outside the European Union, Your delivered item(s) may be subjected to import duties and taxes at the country of destination. Borders has no responsibility for paying any such charges and You undertake both to clear the goods and to pay the charges or duties. You are strongly advised to check on the applicable taxes and import duties that may apply to Your purchase.   

34.   Any postage, packaging and courier charges (other than courier charges which Borders may decide in its discretion to pay – see Clause 38 below) will be paid for by You in the charge made on Your credit card. No charge will be made against Your credit card until the items ordered have been despatched.  

35.   You must note that online prices and promotions advertised by Borders on its Website may not be the same as in-store prices and promotions at any Borders or Books Etc. bookshop.  Borders is not obliged to sell items to You through its Website at the prices advertised at any Borders or Books Etc. bookshop or at prices that are subject to any promotions in-store, and vice-versa.   

Special Promotions 

36.   Borders may periodically advertise special promotions. These may involve limited-time bargain prices on selected books or involve limited-time low prices on purchases of multiple books from a selection. Such special promotions will depend upon the availability of the selected title (or titles) and, while Borders will endeavour to ensure that sufficient numbers of the selected books are available to satisfy demand while the promotion is in place, if the selected title(s) is/are not available, Borders may withdraw the promotion and/or decline to accept Your offer to purchase the required titles without any liability to it. 

37.   If You offer to purchase a selection of titles from a multi-book offer but do not offer to purchase a sufficient number of the titles to qualify for the discount, the items (titles) selected will be charged to You at the normal listed price for single purchases. As is usual, in special promotions related to the purchases of multiple books, any free items (titles) will be the lowest priced ones. 

Delivery 

38.   Borders will arrange to mail the items ordered by You to You or to the person at the address provided by You in the relevant field in the order form on the Website.  Borders, at its own discretion, may use couriers to carry out deliveries to You and at its own expense (but only within the United Kingdom).  Typically this may occur where You have ordered items worth, in aggregate, more than £75 in the case of books and £50 in the case of media items.  

39.   Steps to effect delivery of the item(s) purchased will be made as soon as reasonably possible after notification of the acceptance by Borders of the order by email.  The actual date of delivery is dependent upon the mail service (or the courier company). Every effort will be made to ensure that delivery is effected within 30 days of the acceptance of the order by Borders but there may be unexpected delays caused by persons over whom Borders has no control (such as a third party suppliers).   

40.   If there is a delay in delivery beyond 7 days from the confirmation email referred to in Clause 27 above, You must within 14 days of the confirmation email call the Borders Call Centre at the telephone number given in Clause 59  below.  Borders will then investigate the delay and will thereafter endeavour to effect delivery as soon as possible within the 30 day period.  Borders does not otherwise warrant that the item(s) purchased will arrive within a specific time. 

Ownership of the Items and Risk of Damage 

41.   Once the items are despatched for delivery by Borders, (or any third party on Borders’ behalf), You will become the owner of the item(s) from that time. 

42.   Unless Borders’ investigation referred to in Clause 40 above reveals that there will be a delay in delivery beyond 30 days for reasons beyond its control, if the items are still not delivered after the 30 day period (provided that You have reported the non-delivery in accordance with Clause 40 above), or the items are not what You have ordered, or were delivered in the incorrect quantity, or were damaged or defective before despatch for delivery (i.e. not as a result of the carriage of the items) then Borders shall be obliged to rectify the problem, whether by delivery of compliant items in the correct quantity or by replacing defective or damaged item(s). It may, alternatively, refund You the price paid for those particular items. 

Liability 

43.   Borders’ liability to take the steps referred to immediately above in Clause 42 shall cease if You do not advise Borders in writing of the failure(s) described above within fourteen days of the actual date of delivery. Borders has the right (within a further 14 days) to investigate the complaints. You will co-operate in the investigation by making the defective items available to Borders or at Borders’ election, to return them to Borders at Borders’ expense. Borders will not be liable as described in Clause 42 if the items complained of are not made available or are not returned to Borders as Borders may direct.   

44.   In no circumstance will Borders be liable to You for any losses that You may suffer as a result of a breach of these Terms & Conditions unless the losses suffered by You were reasonably foreseeable at the time the Sale Contract was formed.  Borders will have no liability for any indirect or consequential loss that You may suffer. In other words Borders will not be liable for any loss that is not reasonably foreseeable to both You and Borders when the Sale Contract was concluded.   

45.   You should note that Borders does not exclude or limit its liability to You for any death or personal injury that may result from any breaches or negligence arising from the use of the Borders Website or from the sale of any items to You by Borders. 

46.   Many jurisdictions (including the United Kingdom) have specific consumer rights. Nothing in these Terms and Conditions is to be construed as attempting to exclude or limit Borders’ liability if not permitted by the relevant consumer legislation. 

47.   These Terms & Conditions shall apply only to Sale Contracts between You and Borders and nothing in them is to be construed as creating in any way a right which might be enforceable by a third party who is not a direct contracting party.  

Force Majeure 

48.   Borders shall not be liable in respect of the non-performance of its obligations under these Terms & Conditions by reasons of a Force Majeure event.  

49.   A Force Majeure event arises, for example, where performance of the obligations is prevented by any circumstance beyond a party’s reasonable control. Such a circumstance could include such matters as strikes, lock-outs or labour disputes of any kind, fire, flood, explosion, natural catastrophe, riots, civil commotion, plant break downs, computer or other equipment failures or a failure of the postal service.  This list is by no means exclusive and is given by way of example only.  The event must be likely to endure for longer than 30 days after it has come into being and the Party directly affected by the Force Majeure event shall give prompt notice in writing of its existence to the other. 

50.   If the Force Majeure event does exceed 30 days from the date of the confirmation by Borders of the order placed by You, then either You or Borders may give notice in writing to the other, of the intention to cancel the Sale Contract without any liability upon the Party giving the notice. Such a cancellation will only become effective if the Force Majeure event does not end within a further 14 (fourteen) days after the notice of cancellation has been given in writing to the other party.   

Your Right to Cancel The Sale Contract 

51.   If You are buying items through the Borders Website as an individual consumer (i.e. not through a company or as part of a business) then You have a right at law to cancel the Sale Contract. This right may be exercised by You at any time after Borders has confirmed Your order as provided at Clause 29 above but must be exercised on or before the close of business on the eighth working day following the actual delivery to You of the items purchased. If the items are delivered to third parties at Your request, the time for cancellation shall remain the same and shall run from the date of actual delivery to the third party concerned. 

52.   You will have lost the right to cancel the Sale Contract if, having taken delivery of sealed items, You have removed the items from the manufacturer’s sealed wrapping.  

53.   Please note that for the purposes of a cancellation, You must either mail the notice of cancellation to Borders at the address set out in Clause 59 below or report it to the Call-Centre whose number is given in Clause 59 below.  It is also acceptable for You to hand-deliver the notice of cancellation to the address of Borders given below. 

54.   If You exercise Your right to cancel the Sale Contract but cancellation is too late to prevent delivery to You, You must return the items to Borders at the return address detailed below without damaging any packaging in which the items were received by You. The cost of the returns will be borne by You and You undertake the risk of loss or damage in the course of such return. 

55.   If You do exercise Your right of cancellation, subject to You complying with Clause 54, above (if applicable), Borders will reimburse You any sum paid by You, without charge to You, by the crediting of Your credit card with that sum. The crediting to Your account will be effected within thirty days of the date on which You have given Your notice of cancellation.   

Feedback 

56.   If You should have any comment or feeedback about any material appearing on the www.Borders.co.uk Website or the manner in which Borders conducts itself in relation to a transaction with You, You may contact Borders’ Customer Services team in writing either by post to the address in Clause 59 below or by emailing us customerservices@borders.co.uk

Jurisdiction and Applicable Law 

57.   These Terms & Conditions shall be governed and construed in accordance with English law. Both You and Borders agree to submit to the exclusive jurisdiction of the English courts in respect of any dispute arising in respect of these Terms & Conditions.   

Notices and Address of Borders 

58.   Any Sale Contract made pursuant to these Terms and Conditions are made by You with Borders (UK/Ireland) Ltd. 

59.   Any notices to be given by You to Borders as detailed in these Terms and Conditions shall be sent to Borders via their Customer Services team. 

Registered Address:

Customer Services team
Borders.co.uk
Stillerman House
120 Charing Cross Road
London WC2H 0JR

Telephone: 0800 157 1577

Email: customerservices@borders.co.uk