These Terms and Conditions of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, www.booksforlife.today (“Our Site”).
Please read these Terms and Conditions of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to accept these Terms and Conditions of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms and Conditions of Sale, you will not be able to order Goods through Our Site.
These Terms and Conditions of Sale, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
1.1 In these Terms and Conditions of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” means a Contract for the purchase and sale of Goods, as explained in Clause 5;
“Goods” means the Goods sold by Us through Our Site;
“Order” means your order for Goods;
“Order Confirmation” means Our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order; and
“We/Us/Our” means Books for Life Today of 86A Totteridge Lane, High Wycombe, Bucks HP13 7PN, UK.
2. Information About Us
2.1 Our Site, www.booksforlife.today, is owned and operated by Arnold V Page, trading as Books for Life Today from 86A Totteridge Lane, High Wycombe, Bucks HP13 7PN, UK.
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3.4 Use of Our Site is subject to Our Website Terms and Conditions of Use. Please ensure that you have read them carefully and that you understand them.
4. Goods, Pricing and Availability
4.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. However, there may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions.
4.2 Sub-Clause 4.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Refer to Clause 9 if you receive incorrect Goods (i.e. Goods that are not as described or are not as ordered).
4.3 Normally Goods will be advertized for sale only if they are available. If ordered Goods are unavailable or are unavailable in sufficient quantities, We will contact you to arrange a refund for the Goods We are unable to supply, or send them at a later date if further supplies can be obtained, whichever you prefer.
4.4 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any Order that you have already placed.
4.5 Goods sold on Our website are currently not subject to VAT or any other form of tax. It this situation changes, the prices shown will include any applicable tax.
4.6 Delivery charges are not included in the price of Goods displayed on Our Site. Delivery options and their related charges will be presented to you as part of the Order process.
5. Orders – How Contracts Are Formed
5.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
5.2 If We are unable to process your Order due to incorrect or incomplete information, We will attempt to contact you using the contact information you have provided and ask you to correct the information you have provided. If We cannot contact you or you do not give Us the correct or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
5.3 If you enter your email contact details incorrectly you will not receive any confirmation of your Order but We will proceed to fulfil it. If you find after ordering that you have entered your contact details incorrectly please contact Us to correct the error.
5.4 If you find after ordering that you have entered your delivery details incorrectly please contact Us immediately, preferably by telephone. If your Order has not been dispatched before We hear from you or before We see an email that you send Us, We will correct the error. However, if the ordered Goods have already been dispatched you will be responsible for recovering them from any incorrect address to which We have sent them as a result of your error.
5.5 Once We have sent you an Order Confirmation to the email address you have provided there will be a legally binding Contract between you and Us.
5.6 Order Confirmations will be sent by email and will contain the following information:
5.6.1 Your Order Number;
5.6.2 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
5.6.3 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
5.6.4 Your chosen means of delivery.
5.7 In the unlikely event that We do not accept or cannot fulfil your Order for any reason other than those mentioned in this Clause 5, We will explain why in writing. If We have taken payment it will be refunded to you as soon as possible and in any event within 3 weeks of your Order.
6. Payment and Refunds
6.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the Order process.
6.2 We accept the following methods of payment on Our Site:
6.2.1 Visa Credit/Debit;
7. Digital Goods6.3 Any refunds due under Clauses 5, 7, 8, 9 or 10 will be made using the same payment method that you used when ordering the Goods unless you specifically request that We make a refund using a different method.
7.1 When a digital product in Epub, Mobi or PDF format is ordered and paid for on Our Site, a download link will be sent to the email address that you provide.
7.2 Under UK Consumer Contracts Regulations digital products must be:
- of satisfactory quality
- fit for a particular purpose
- as described by the seller.7.3 Once a digital product has been paid for and downloaded a customer does not have any right to a refund or replacement provided that the product meets the above requirements. In the case of a digital book or pdf the 'particular purpose' is that it is capable of being read on a device which can read products in the specified format.7.4 If a product you have paid for and downloaded does not meet any of the above requirements or is not what you ordered and you want a refund or a satisfactory replacement please explain the reason for your request in writing, either in an email or a letter sent to one of the addresses given in the website's Contact page. Under the terms of this Clause 7 we will rectify the problem if this can be done or else give you a full refund, as you prefer.
8. Ownership, Delivery and Risk (Physical Goods)
8.1 Ownership of the Goods passes to you once We have received payment in full of all sums due, including any applicable delivery charge.
8.2 All available Goods purchased through Our Site will normally be dispatched within two working days from the date of Our Order Confirmation unless otherwise agreed or specified during the Order process. On rare occasions there may be a delay of up to 3 calendar weeks, and We will endeavour to advise this in advance. These timescales may be subject to delays caused by events outside Our control, for which see Clause 12.
8.3 If We are unable to deliver the Goods to your chosen delivery address We shall inform you that the Goods have been returned to Our premises, and We shall send you instructions for arranging their re-delivery. If the problem is due to lack of access to your chosen address or requested place of delivery, re-delivery will be at your cost. If within a reasonable period you do not arrange with us for their re-delivery or collect the Goods, We shall terminate the Contract and issue you with a refund minus any net costs incurred by us as a result.
8.4 In the unlikely event that We fail to deliver the Goods within 30 calendar days (or else as specified or agreed under Clause 4.3) of Our Order Confirmation and You told Us when ordering the Goods that delivery within that time period was essential you may treat the Contract as being at an end immediately and request a full refund.8.5 If you do not wish to cancel under Clause 8.4 you may specify a new reasonable delivery date. If We fail to meet the new delivery date, you may then treat the Contract as being at an end.8.6 Under sub-Clauses 8.4 or 8.5 you may cancel all or some of your ordered Goods. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 3 weeks. Please note that if any cancelled Goods are still delivered to you, you must return them to Us or arrange with Us for their collection. In either case, We will bear the cost of your returning the cancelled Goods.8.7 Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the delivery address you have provided.
9. Faulty, Damaged or Incorrect Goods (Physical Goods)
9.1 By law, We must provide Goods that are of satisfactory quality, fit for purpose, and as described at the time of purchase. If any Goods you have purchased do not comply, for example if they are damaged when you receive them, or some pages of a printed book are missing or loose, or you receive incorrect or incorrectly charged Goods, please contact Us at email@example.com to inform Us of the fault, damage or error and to arrange for a refund or a satisfactory replacement. Your available remedies will be as follows:
9.1.1 Beginning on the day that you receive the Goods, if they do not comply as above you have 30 calendar days to notify us of the problem in order to receive a full refund of your payment (or overpayment in the case of overpayment), or else to receive at Our cost their replacement by the Goods you ordered which do comply if this is possible.9.1.2 If you notify us of non-compliance more than 30 days after your reception of the Goods the burden of proof that the problem existed when they were delivered will rest on you in order for you to receive compensation or replacement.9.1.3 If the Goods We supply do not last a reasonable length of time, for example if the pages on a paperback book come loose, you may be entitled to a full or partial refund or replacement up to a year following your reception of the Goods.
9.2 For us to agree to a replacement or refund other than a refund for overpayment, the non-compliant Goods must first be returned to Us.
9.3 To return Goods to Us for any reason under this Clause 9, please contact Us to arrange for their collection and return. We will be fully responsible for the costs of returning Goods under this Clause 9 and will reimburse you where appropriate.9.4 Any and all refunds issued under this Clause 9 will include all delivery costs paid by you when the Goods were originally purchased.9.5 Refunds under this Clause 9, whether full or partial, including reductions in price, will be issued within 21 calendar days of the day on which We agree that you are entitled to the refund.9.6 You will not be eligible to claim under this Clause 9 if the problem is the result of normal wear and tear, circulation via a public library, misuse, intentional or careless damage, or merely because you have changed your mind.9.7 For further information on your rights as a consumer, contact your local Citizens’ Advice Bureau or Trading Standards Office.
10. Cancelling and Returning Goods if You Change Your Mind (Physical Goods)
10.1 If you are a consumer, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed. You may also cancel for any reason before We send the Order Confirmation.10.2 The legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods. We offer a further Goodwill Guarantee which extends the legal cooling-off period within which you may change your mind, cancel, and return the Goods. Our Guarantee extends this period to a total of 30 calendar days.10.3 If you wish to exercise your right to cancel under this Clause 10, you must inform Us of your decision within the cooling-off period (as extended by Our Goodwill Guarantee). You may do so by email, post or telephone call as detailed on the Contact Page of Our website, providing Us with your name, address, email address, telephone number, and Order Number. Cancellation by email or by post is effective from the date on which you send Us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.10.4 We would prefer you to explain why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however you are under no obligation to provide an explanation if you do not wish to.10.5 You should return the Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 10.10.6 After informing us of your intention to cancel the Contract you must return Goods to Us by post or another suitable delivery service of your choice to Our registered address. We recommend using a tracked service so that you can confirm their safe delivery. Please use protective packaging to ensure that the Goods are not damaged in transit.10.7 You must bear the costs of returning Goods to Us if you are cancelling under this Clause 10.10.8 Refunds under this Clause 10 will be issued to you within 21 calendar days of the following:
10.8.1 The day on which We receive the Goods back; or10.8.2 The day on which you inform Us (supplying evidence) that you have sent the Goods back, if this is earlier than the day under sub-Clause 10.8.1);10.8.3 If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
10.9 Refunds made under the terms of this Clause 10 will include the cost of the purchased Goods plus the charge We made for their standard delivery. We cannot remimburse for premium delivery and are not required by law to do so.10.10 Refunds may be reduced or refused for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop) or from inadequate protective packaging.
11. Our Liability to Consumers
11.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.11.2 We supply Goods only for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial or business use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity arising out of an Order for Goods from Our website.11.3 Nothing in these Terms and Conditions of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.11.4 Nothing in these Terms and Conditions of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
12. Events Outside Our Control (Force Majeure)
12.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.12.2 If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions of Sale:
12.2.1 We will inform you as soon as is reasonably possible;12.2.2 We will take all reasonable steps to minimise the delay;12.2.3 To the extent that We cannot minimise the delay, Our affected obligations under these Terms and Conditions of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;12.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;12.2.5 If the event outside Our control continues for more than 30 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 7 days of the date on which the Contract is cancelled;
12.3 If an event outside Our control occurs and you wish to cancel the Contract as a result, you may do so as instructed in Clause 10. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 7 days of the date on which the Contract is cancelled.
13. Communication and Contact Details
You may contact Us for any reason connected with your Order by any of the methods shown on the Contact Page of Our website.
14. Complaints and Feedback
14.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint. Please get in touch with us by any of the methods shown on the Contact Page of Our website, when We will do Our best to respond to your complaint in a satisfactory manner.14.2 We would appreciate receiving positive feedback or suggestions for improvement via the same Contact Page. Please tell us if We may display any such positive feedback in full or in part, with or without your name.
15. How We Use Your Personal Information (Data Protection)
16. Other Important Terms
16.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions of Sale will not be affected and Our obligations under these Terms and Conditions of Sale will be transferred to the third party who will remain bound by them.
16.2 You may not transfer (assign) to any other party your obligations and rights under these Terms and Conditions of Sale and under the Contract without Our express written permission.16.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and subject to Clause 16.2 no such person or party will be entitled to enforce any provision of these Terms and Conditions of Sale.16.4 If any of the provisions of these Terms and Conditions of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms and Conditions of Sale. The remainder of these Terms and Conditions of Sale shall be valid and enforceable.16.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions of Sale means that We will waive any subsequent breach of the same or any other provision.16.6 We may revise these Terms and Conditions of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms and Conditions of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and We will arrange for a full refund (including delivery charges) which will be paid within 21 days of your cancellation.
17. Law and Jurisdiction
17.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.17.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.17.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise), shall be subject to the jurisdiction of the courts in your country of residency residency.
© Based on a document provided by Simply-Docs.co.uk.17.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.