Open Books

Terms and Conditions 

Please read all these terms and conditions. As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. 


  1. These Terms and Conditions will apply to the purchase of goods by you (the Customer, or you). We are Lauren Oliver-Clark trading as HJB Bookclub of Magennis Close, Gosport with the email address hjbbookclub@gmail.com (the Supplier, or us, or we). 

  2. These are the terms on which we sell all Goods to you. By order any of the Goods, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract, are at least 18 years of age or have the permission of a parent or guardian if you are under 18 years of age. 

1. Interpretation

  1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

  2. Contract means the legally-binding agreement between you and us for the supply of the Goods;

  3. Delivery Location means the Customer’s supplied premises or other location where the Goods are the be supplied, as set out in the Order;

  4. Durable Medium means paper or email or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way that is accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

  5. Goods means the goods advertised on the Website that we supply to you;

  6. Order means the Customer’s order for the Goods from the Supplier;

  7. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you;

  8. Website means our website www.hjbbookclub.co.uk on which the Goods are advertised.

2. Goods

  1. The description of the Goods is as set out on the Website, or in brochures, catalogues or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.

  2. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any and all information or specification your provide is accurate.

  3. All Goods which appear on the website and/or on any other form of advertisement including social media are subject to availability. 

  4. We can make changes to the Goods which are necessary to comply with any applicablelaw or safety requirement. We will notify you of these changes if necessary. 

3. Personal Information

  1. We retain and use all information strictly under the Privacy Policy.

  2. We may contact you by using email or other electronic communication methods and postal methods and you expressly agree to this. 

4. Basis of Sale

  1. The description of the Goods on our Website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay. 

  2. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly. 

  3. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by You. By placing an Order you agree to us giving you confirmation of the Contract by means of and email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract. 

  4. Any quotation is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time. 

  5. No variation of the Contract, whether about the description of the Goods, Fees or otherwise, can be made after it as been entered into unless the variation is agreed by the Customer and the Supplier in writing. 

  6. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some respects, be better for you, such as giving you rights as a business. 

5. Price and Payment

  1. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing. 

  2. Prices and charges include VAT at the applicable rate at the time of the Order. 

  3. You must pay by submitting your payment card details with your Order and we can take payment delivery or otherwise before delivery of the Goods. 

6. Delivery

  1. If the option for delivery has been selected in the Order, we will deliver the Goods to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and , in any event, not more than 30 days after the day on which the Contract is entered into. 

  2. In any case, regardless of events beyond our control, if we do not delivery the Goods as agreed on time, you can (in addition to other remedies) treat the Contract as void if:

    1. We have refused to deliver the Goods, or it was agreed between both parties prior to the Contract was made that delivery on time was essential and this agreed timeframe was not met; or

    2. After we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period. 

  3. If you treat the Contract as void, we will promptly return all payments made under the Contract. 

  4. If you were entitled to treat the Contract as void but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay for the cost of this. 

  5. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or character of the unit) you cannot cancel or reject the Order for some of those goods without also cancelling or rejecting the Order for the rest of them. 

  6. We do not generally deliver to addresses outside of England, Wales, Scotland or Northern Ireland. If, however, we accept an Order for delivery outside these areas, you may need to pay for import duties or other taxes and fees, as we will not pay them. 

  7. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them. 

  8. The Goods will become your responsibility from the completion of delivery or collection. You must, if reasonable practicable, examine the Goods before accepting them. 

7. Risk and Title

  1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered or collected. 

  2. You do not own the Goods until we have received payment in full. If full payment is overdue or a step accurs towards your bankruptcy, we can choose, by notice, to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them. 

8. Withdrawal and Cancellation

  1. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability. 

  2. You can cancel the Contract except for any Goods which are made special to your requirements (the Returns Right) by telling us no later than 14 calendar day from the day the Contract was entered into, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in an undamaged condition at your own expense. Then we must without delay refund to you the price of those Goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods. The Returns Right is different and separate from the Cancellation Rights below. 

  3. This is a distance contract as defined below, which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply to a contract for the following goods (with no others) in the following circumstances:

    1. Goods that are made to your specifications or are clearly personalised;

    2. Goods which are liable to deteriorate or expire rapidly. 

  4. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:

    1. In the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items in the delivery. 

9. Right to cancel

  1. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason. 

  2. The cancellation period with expire at 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of the goods over time such as a subscription, the right to cancel will be 14 days after the first delivery. 

  3. To exercise the rights to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision, such as a letter by post or an email. You must be able to show clear evidence of when the cancellation was made. 

  4. To mee the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. 


10. Effects of cancellation in the cancellation period

  1. Except as set out below, if you cancel this Contract, we will reimburse you all payments received from you including the costs of delivery (except the supplementary costs arising if you choose of a type of delivery other than the least expensive type of standard delivery offered by us). 


11. Deduction for Goods supplied

  1. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (i.e. handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods, such as that it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss. 


12. Timing of reimbursement

  1. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:

    1. 14 days after we receive back from you any Goods supplied, or

    2. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods. 

  2. If we have offered to collect the goods, or if no Goods were supplied, we will make the reimbursement without undue delay and no later than 14 days after the day on which we are informed about your decision to cancel this Contract. 

  3. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. 


13. Returning Goods

  1. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at an address we will provide to you, without delay and in any event no later than 14 days from the day on which you communicate to us your cancellation of this contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods. 

  2. For the purposes of these Cancellation Rights, these words have the following meanings:

    1. Distance contract means a contract concluded between a trader and a consumer under and organized distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

    2. Sales contract means a contract under which a trader transfers or agrees to transfer the ownership or goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object. 


14. Conformity

  1. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

  2. Upon delivery, the Goods will:

    1. Be of satisfactory quality;

    2. Be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to use (unless you do not actually reply, or it is unreasonable for you to rely, on our skill and judgement) and be fit for any purpose help out by us or set out in the Contract; and

    3. Conform to their description.

  3. It is not a failure to conform if the failure has its origin in your materials. 

15. Successors and our Sub-Contractors

  1. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties. 

16. Circumstances beyond the control of either party

  1. In the event of any failure by a party because of something beyond its reasonable control: 

    1. The party will advise the other party as soon as reasonably practicable; and

    2. The party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel. 

17. Privacy

  1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information. 

  2. There Terms and Conditions should be read alongside, and are in addition to, our policies including our Privacy Policy and Cookies Policy. 

  3. For the purposes of these Terms and Conditions:

    1. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including but not limited to the GDPR. 

    2. ‘GDPR’ means the UK General Data Protection Regulation

    3. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR. 

  4. We are a Data Controller of the Personal Data we Process in providing Goods to you. 

  5. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

    1. Before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

    2. We will only Process Personal Data for the purposes identified;

    3. We will respect your rights in relation to your Personal Data; and

    4. We will implement technical and organisational measures to ensure your Personal Data is secure. 

  6. For any enquiries or complaints regarding data privacy, you can email hjbbookclub@gmail.com


17. Excluding Liability

  1. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) the death or personal injury caused by negligence or beach of the Supplier’s other legal obligation. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) for the Customer’s business, trade, craft or professional which would not be suffered by a Consumer, because the Supplier believed the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession. 


18. Governing law, jurisdiction and complaints

  1. The Contract (including any non-contractual matters) is governed by the law of England and Wales. 

  2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland. 

  3. We try to avoid any dispute, so we deal with complaints in the following way:

    1. If a dispute occurs, the Customer should contact us to find a solution, and we will aim to respond and work on an appropriate solution with the Customer within 14 days of the date that the dispute was received. 

19. Attribution

  1. These Terms & Conditions were based on a document by Rocket Lawyer (www.rocketlawyer.com/gb/en).