| PARTIES | |
| 1. | Throughout this Agrement the term 'us' / 'we' shall mean Aubrey Books Limited including Aubrey's associated companies and subsidaries from time to time including but not limited to Icon Books Limited, Corinthian Books Limited and Sparks Charity. |
APPLICABILITY |
|
| 2. | You, the consumer, by accessing this Website, have agreed to be bound by the terms and conditions as set out below. |
Governing Law |
|
| 3. | You agree that in the event of any dispute of any nature that may arise between you and us, these terms and conditions shall be governed by and construed exclusively in accordance with the law of England and Wales. |
Disclaimer |
|
| 4. | You understand and accept that to the fullest possible extent permitted in law, we accept no responsibility for any loss or damage or injury caused to you or your hardware or software whether we cause such loss or injury directly or indirectly. |
Copyright and Plagiarism |
|
| 5. | You acknowledge and will respect all such copyright and other intellectual property rights we own or may own in the look and feel of the Website and its contents including any sounds, music, text, graphics, data, stills, photographs and moving images. Such intellectual property rights shall include all registered and unregistered intellectual property rights of any type or nature including trademarks and community marks. You further agree that you will not infringe our copyright by any method or manner now known or as may exist in the future. |
Purchase Terms |
|
| 6. | In the event that you buy any goods or services using our Website you will be bound by such terms as are notified by us to you on the Purchase Order that you will be sent once you have confirmed your order as indicated on the Website or on the Purchase Order itself. |
| 7. | We make no warranty for the accuracy of the data published by us. |
| 8. | We reserve the right to delay publication. |
| 9. | In the absence of any Purchase Order being sent by us to you, the terms will be as specified within these terms and conditions or those specified on the Website itself concerning the price of the goods, the methods of acceptable payment and the timing of such payments, and the requirement by you to pay such additional carriage and freight charges as may be specified on the Website. |
| 10. | We have no responsibility to supply to you any goods or services as may be advertised for sale or supply on our Website. When you place the order for a product or submit material, you are making a legal offer to us, which we may or may not decide to accept. We have the right to reject orders or submissions. A legally binding contract will exist between us when you receive written confirmation from us (by e-mail or otherwise) that confirms your order. |
| 11. | We have discretion over the suitability of submitted text, and over the size and suitability of submitted images. We have the right to reject submissions at our sole discretion. |
CANCELLATIONS AND RETURNS |
|
| 12. | You may return such goods as are supplied by us to you provided: you return the goods to us within 7 days of receipt by you; the goods are returned in their original packaging; the goods are returned at your expense to the return address specified on the Purchase Order or as specified on the Confirmation Order that accompanied the goods; the goods are in no worse a condition than when they were supplied to you by us; the goods are not of a type specified, or are supplied in circumstances as being, "non-returnable". If these conditions are met we will refund you for the amount you originally paid for the goods within 30 days from the date we receive the goods back from you. If you cancel an order for goods prior to the goods being dispatched, we will refund you for the amount you originally paid for the goods within 30 days from the date we receive the goods back from you. |
| 13. | You may cancel an order for the supply of services by us to you within 7 days from the day you made payment provided we have not incurred any identifiable costs as a result of your order and the nature of the services intended to be supplied are not of a type specified by us or by law, as being exempt from cancellation. You confirm that such requirements as need to be met by us under The Consumer Protection (Distance Selling) Regulations 2000 (S.I. No 2334) have in fact been met. If these conditions are met we will refund you the amount you originally paid for the supply of the services within 30 days from the date we received notice of cancellation. |
| 14. | We cannot guarantee receipt or the safe return of any images submitted to us by post. |
Rights of Third Parties |
|
| 15. | This agreement is between you and us and not any third party, and this agreement is not intended to confer any rights of any nature upon any party other than you and us and our legal associates. |
Privacy and Data Protection |
|
| 16. | We agree to be bound by any prevailing law, judgement, directive or Statutory Instrument that imposes upon us restrictions concerning the use in any manner of confidential information supplied by you to us including credit card or bank details, any user name and or password supplied by you to us, and other details relating to your personal and financial circumstances. |
| 17. | We intend to store and disclose the email address you use to communicate with us to such third parties as we in our discretion decide is appropriate and reasonable for commercial purposes or otherwise. We are registered with the Information Commissioner's Office ('ICO') as a Data Controller. |
Communications from Us to You |
|
| 18. | If you have any queries or concerns relating to our Website or our products or services or these terms and conditions please forward your query to the following email address: info@aubreybooks.com |
| 19. | If you do not wish to receive unsolicited information about future products or services from third parties but wish to continue receiving information from us, then please inform us by sending an email to queries@aubreybooks.com simply reading: UNSUBSCRIBE OTHERS, or by calling the provided contact telephone number. Alternatively, if you do not wish to receive unsolicited information about future products or services from either us or third parties, then please inform us by sending an email to info@aubreybooks.com simply reading: UNSUBSCRIBE ALL, or by calling the provided contact telephone number. |
Communications from You to Us |
|
| 20. | If our Website facilitates you sending us information, images, comment or data of any nature by email or otherwise which is then displayed on any notice board, open discussion forum or similar communally accessible and interactive site, you must ensure that such material is not defamatory or offensive, untrue, racially offensive or an incitement to racial hatred or otherwise in breach of an individual's right to privacy or Human Rights or actionable in law in any jurisdiction. |
| 21. | In the event that you do post such material on our Website, such consequences that may directly or indirectly follow will be entirely your responsibly and not ours, and you agree to indemnity and hold us harmless from any action or consequences that may arise in such circumstances. |
| 22. | In the event that we receive any material from you that in our view (whether reasonable or unreasonable) is potentially actionable or otherwise objectionable, we reserve the right to withdraw the material without notice or reason, and without giving rise to any claim by you against us for so doing. |
| 23. | All information that you supply to us under any circumstances shall be to the best of your knowledge and belief, true and accurate, and not misleading in any manner. |
Helpful Advice |
|
| 24. | Please take full responsibility for your own security and do not under any circumstances disclose your bank details, credit card details, your personal user name or password or other such information to any other person unless you are confident that the information will not be misused. |
| 25. | Please also ensure that you do not leave your personal computer unattended while it is in operation unless it is safe to do so, and be aware that public forums and chat rooms are often used by people as a means of exploiting others and obtaining personal information about you. |