1. LEISURE BOOKS CLUB MEMBERSHIP
We operate the website www.leisurebooks.com and www.lesersrking.com
Our company, Tuisblad (Pty) Ltd trading as Leserskring/Leisure Books (“we” or “LK” or “LB ”), a company registered in South Africa under company number 2014/063883/07 and with our registered office and trading address at 4th Floor, elevenADDERLEY, 11 Adderley Street, Cape Town, 8001 ,
Our company, Tuisblad Europe Limited trading as Leserskring Europa/Leisure Books Europe (“we” or “LK” or “LB ”), a company registered in the United Kingdom under company number 10807092 and with our registered office 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ ,
A person who has applied and been accepted as a Leisure Books Club member (“Club Member”) agrees to stay an active Club Member by purchasing products on a regular basis.
The Club Member’s membership endures on a month-to-month basis.
2. NON-CLUB MEMBER CUSTOMERS
Customers who are not Club Members can order products from the website as and when they wish. They will pay the Non-Member Price and are not eligible for the discounted Club Price on selected products. Members are able to buy on credit and have 30 days to pay. Customers who are not Club Members may not qualify for Club Competitions and Promotions; refer to individual Competition and / or Promotional rules in 6.2 below.
3. ORDERING PRODUCTS
You are under no obligation to order from the Club Catalogue or from other catalogues or special offers that LB may send you from time to time (“Other offers/Catalogues”).
Active Club Members will continue to enjoy all the Club Benefits while purchasing on a regular basis from any Club offers.
4. AMOUNTS PAYABLE BY YOU
When referring to the price of products in the Catalogue or other promotional materials, (a) the “Recommended Retail Price or “RRP” (also known as the Non-Member Price) is the price recommended by the publisher and which may be charged in most bookshops or other retail outlets; and (b) the “Club Price” is the price at which a product is offered in the Catalogue to Club Members.
5. RETURNS AND REFUNDS
Refer to Refunds and Returns Policy.
6. SPECIAL PROMOTIONAL OFFERS AND COMPETITIONS
6.1 Bonus Books
A number of books in every Club Catalogue are marked as “Bonus Books”. These books are offered at extra discounts over and above the usual Club discounts on the RRP. These additional discounts are offered as a benefit to Members who have been in the Club for 12 months or more and who have already ordered one other item from the Club Catalogue. This is Leserskring (Pty) Ltd.’s way of saying thank you to long-standing Members.
6.2 General Competition Terms & Conditions
• By entering any Leisure Books/Leserskring competition Club Members agree to be bound by both the General Competition Terms & Conditions, as well as any Terms & Conditions set out as part of the relevant competition.
• Club competitions are open to Club Members in South Africa and Namibia. Employees, competition sponsors, their subsidiaries, promotional and advertising agencies and immediate family members are excluded.
• Prizes will be awarded on a random-selection basis, unless otherwise specified.
• In order to qualify, the winners’ Club account must be paid up to date and not be in arrears.
• Winners will be notified via phone or email. An alternative winner will be selected should a winner not be successfully contacted within five working days. Prizes will be couriered to the winner/s.
• The decision of the judge or organisers is final and no correspondence will be entered into.
• Prizes cannot be amended, transferred, extended or exchanged for cash.
• By accepting a prize, winners automatically grant Leisure Books/Leserskring and any of its partners or agencies the right to use their name for publicity purposes or for publication in the Club Catalogue.
• Leisure Books/Leserskring reserves the right to amend, extend or cancel any competition, entry mechanisms and relevant prizes for any reason and without prior notice.
• See individual competition details for closing dates and specific competition rules or mechanics that apply.
7. OUR LIABILITY
Nothing in this agreement excludes or limits our liability for:
7.1 Death or personal injury caused by our negligence;
7.2 Fraud or fraudulent misrepresentation; or
7.3 Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
8. TRANSFER OF RIGHTS AND OBLIGATIONS
8.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
8.2 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 written consent.
8.3 We 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.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 We are the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
9.2 You may print off one copy, and may download extracts, of any pages from our site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
9.3 If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorize us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.
10. EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
10.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
10.2.1 Strikes, lock-outs or other industrial action;
10.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
10.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
10.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
10.2.5 Impossibility of the use of public or private telecommunications networks; and
10.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
10.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure.
11.1 If we 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 we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such.
11.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
11.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these terms and Conditions 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.
13. ENTIRE AGREEMENT
13.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
13.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
13.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
13.4 Nothing in this clause limits or excludes any liability for fraud.
14. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
14.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
14.2 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 we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we 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 by you of the Products).
15. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by South African Law.