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- General Terms & Conditions for the website,
- Sales Terms and Conditions (incl. Prices, Payment & Delivery)
Things you should know before using or accessing this website
Your continued access to and use of this website will mean that you agree to be bound by the most current version of the Terms. These Terms apply to all contracts between you and us. You agree that you have read and understood these Terms. These Terms were last updated on 22 April 2014.
"We", "us", "our", means Nine Elms Books Ltd. "You", "your" means the person using the Website under these Terms. "Working days" means all days other than Saturdays, Sundays, and Public Holidays.
1. Changes to the Website
You acknowledge and accept that we may from time to time alter any aspect of this website, or any of the services or products provided through the website, as we think fit and without notice to you.
2.1 You acknowledge and accept that computer and telecommunication systems are not fault-free and may from time to time require periods of downtime (being periods during which the website is not available to you) for the purposes of repair, maintenance and upgrading or otherwise.
2.2 We do not guarantee uninterrupted availability of the website, but shall make reasonable efforts to minimise any periods during which the website is not available. You accept that you will have no claim for breach of contract or otherwise in respect of any such period of unavailability.
3. Hypertext Links
3.1 The website may incorporate links to other websites of third parties. Such links are provided for your convenience only, and their provision does not constitute an authorisation by us to you to access such third party websites, nor an endorsement of the content of such third party sites by us. You acknowledge that the use of such third party websites is governed by the terms and conditions of use as applicable to such websites.
3.2 You acknowledge and accept that we are not, and will not be held responsible for any damages, loss, costs or expenses arising from the use of such third party websites or products or services available through such third party websites.
4.1 We take your online privacy seriously. However, although we use appropriate encrypted security software on our website, the security of information transmitted via the Internet cannot be guaranteed. Any losses incurred or sustained by you as a result of transmitting information by means of email or other internet link will be borne solely and exclusively by you.
5. Additional Rules
5.1 This website may from time to time contain various bulletin boards, competitions and other features that are each governed by additional rules. Please read those rules, posted or linked at each feature before participating in them, as they form part of these Terms to which you agree through your continued use of this site.
6. Your Conduct
6.1 You must use the website for lawful purposes only.
6.2 You must not send or display on the website any material that is unlawful including but not limited to material which is defamatory, obscene, indecent, menacing, in breach of privacy or confidence, infringes copyright or trademark rights.
6.3 You must not send material containing software viruses or otherwise use the website in any way that interrupts access to it.
8. Prohibited Content Policy
8.1 It is a condition of use of this Website that you will not post any Prohibited Content on any bulletin board and/or forum as set out below. You will not:
8.1.1 Publish falsehoods or misrepresentations that could damage us or any third party;
8.1.2 Submit content or provide links to websites that are unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage such conduct that would be considered a criminal offence, give rise to breach of contract, break any law, or are otherwise inappropriate;
8.1.3 Post or encourage an illegal or unauthorised copy of work protected by a third party's copyright, including but not limited to providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
8.1.4 Submit material that is otherwise subject to third party rights unless you have the relevant permission to use such material and publish it on the Website;
8.1.5 Impersonate another person;
8.1.6 Post advertisements or solicitations of business; or
8.1.7 Solicit personal information from anyone.
8.2 Any content which includes any of the content set out at clause 8.1 is Prohibited Content. We may, in our absolute discretion, deem any other Content not listed in clause 8.1 to be Prohibited Content.
8.3 We reserve the right to investigate and take appropriate action against anyone who, in our opinion, is in breach of this agreement, and in particular, provides Prohibited Content. Such action includes, but is not limited to, reporting the Prohibited Content and your details to the appropriate law enforcement agencies and removing the Prohibited Content from our Website.
8.4 We reserve the right to terminate your access to our Website, if you are, in our absolute discretion, deemed to be a repeat infringer.
8.5 If you believe that any posting or review displayed on our Website contains Prohibited Content, please notify us immediately by contacting us at email@example.com. We will consider your notification and if we consider it to be appropriate we will take all reasonable steps to remove the Prohibited Content complained about within a reasonable time.
9. Intellectual Property Rights
9.1 This site contains material that is owned or licensed by Nine Elms Books. You may not copy, reproduce, upload, post, distribute, republish, retransmit, or modify in any way any of the material on this site, including computer code and software.
9.2 All brand names, product names and titles used in this website are trade names, and in some instances trademarks, of their respective holders. No permission is given in respect of use of any of the above, and such use may constitute an infringement of the holders' rights.
9.3 By posting messages, sending emails, inputting data answering questions uploading data or files or otherwise communicating with us through this website (a "Communication"), you are granting us a perpetual, non-exclusive, royalty free, unrestricted worldwide license to use, display, sublicense, adapt, create derivative works from, transmit and copy such Communication and you waive your right to be identified as the author of such content and your right to object to derogatory treatment of it. The foregoing grant shall include the right to exploit any proprietary rights in such Communication, including but not limited to rights under trademark, copyright, service mark or patent laws in any relevant jurisdiction in any media.
10. Limitations of Liability
10.1 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or any other liability which cannot be excluded on a point of law.
10.2 Further to clause 2, we are providing this website on an "As is, As Available" basis to users. You use this website at your own risk.
10.3 Subject to 7.1 above, we will not be liable to you for any loss or damage in circumstances where or to the extent that:
10.3.1 Neither we nor our employees or agents are in breach of a legal duty owed to you;
10.3.2 Such loss or damage is not a reasonably foreseeable result of any such breach; or
10.3.3 Any increase in loss or damage results from a breach by you of any term of this contract.
10.4 Except as expressly provided in these Terms and save for fraudulent misrepresentation, all conditions, representations and warranties (express or implied, statutory or otherwise) are excluded to the extent permitted by law including without limitation any implied warranties or conditions as to quality, fitness for purpose and reasonable skill and care.
10.5 Under no circumstances, including negligence, shall we or any affiliated company or individual be held liable for any direct, indirect, incidental, special or consequential damage (including, without limitation whether for loss of profit, loss of business, lost data, viruses that may infect your computer, depletion of goodwill or otherwise), costs, expenses or other claims for economic loss (howsoever caused) which arise out of or in connection with the Contract or your use of this website generally.
10.6 We further do not warrant that the website or the products and materials contained on such site are error free, or that errors will be corrected, or that this site or the server from which it is run is free of viruses or other potentially harmful codes.
11.1 You agree to defend, indemnify and hold us and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of these Terms by you or your authorised users, or in connection with the use of the website or the Internet or the placement or transmission of any message or information on this website by you or your authorised users.
12.1 Our failure to insist upon the strict performance of any of your obligations under the Terms will not be construed as a waiver and will not affect our rights to require strict performance of such obligations.
12.2 If any provision of the Terms or part thereof is found to be invalid or unenforceable, the invalidity or unenforceability of such provision or part will not affect any other provision or the remainder of the provision in which such invalid or unenforceable part is contained, which will remain in full force and effect.
12.3 All notices will be in writing and maybe served by either party on the other by hand or by first class pre-paid post. The address for service, in the case of a notice from you to us, is specified at the bottom of this page and, in the case of a notice from us to you, will be the address stated on your order.
12.4 Nothing in these Terms which form the agreement between you and us will give nor is intended to give rights to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
12.7 Neither we nor our affiliates make any representation that materials on this website are appropriate or available for use in locations outside the United Kingdom, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws.
What cookies are used on this Website:
The cookies we and our business partners use on this website are broadly grouped into the following categories:
Essential – Some of the cookies on our website are essential for us to be able to provide you with a service you have requested. An example of this would be a cookie used to enable you to log into your account on the website or which allows communication between your browser and the website. Our cookie preference cookie described in the section “How can I reject or opt out of receiving cookies?” is also an essential cookie. You may not be able to use our website without these cookies.
Analytics – We use analytics cookies to helps us understand how users engage with our website. An example is counting the number of different people coming to our website or using a particular feature, rather than the total number of times the site or feature is used. Without this cookie, if you visited the website once each week for three weeks we would count you as three separate users. We would find it difficult to analyse how well our website was performing and improve it without these cookies.
Social Sharing – We use third party cookies to allow you to share content directly on the social networking/sharing sites like Facebook, Twitter or Google+. Examples would be if you wanted to “like” or “tweet” about us or our products or services. Please see our “Third Party Cookies” section below for more details.
How to reject or opt out of receiving cookies?
If you do not wish cookies to be stored on your machine, you can do the following:
1. Delete the cookies from your browser. Most browsers also allow you to prevent all or some cookies being stored on your machine in the future. For more information on how to delete or disable cookies from your browser please use the "help" function within your browser or alternatively visit http://www.allaboutcookies.org/; and/or
2. Please note that we can’t always control third party cookies stored on your machine from our website and where this is the case you will need to visit the relevant third party’s website directly to manage cookies stored on your machine by them. Please see our "Third Party Cookies" section below.
Please be aware that disabling cookies may impact the functionality of this website.
Third party cookies:
Some of the cookies described in the "What Cookies are used on this Website" section above are stored on your machine by third parties when you use our website. Third parties may also read cookies on your browser to collect information or to serve content or advertisements to you. We have no control over these cookies or how the third parties use them. They are used to allow that third party to provide a service to us, for example analytics. For more information on these cookies and how to disable them, please see:
a. Internet Advertising Bureau website at http://www.youronlinechoices.com/ where you will be able to opt-out of receiving Interest-Based Advertising cookies from some of the third parties listed below; and/or
Third Party: Google
Type of cookies: Analytics - Google provide anonymised data about the visits made to our website.
Social Sharing - Google also store cookies which allow the "Google +" social sharing functionality. More information and how to opt-out: http://www.google.co.uk/intl/en/policies/privacy
Third Party: Facebook
Type of cookies: Social Sharing - Facebook store cookies which allow the Facebook "Like" social sharing functionality but only if you click on the Facebook "Like" button on our website or log in using your Facebook account. More information and how to opt-out: http://www.facebook.com/about/privacy
Third Party: Twitter
Type of cookies: Social Sharing - Twitter also store cookies which allow their social sharing functionality including the "Tweet" function and to generate usage information during your visit to our website. More information and how to opt-out: http://twitter.com/privacy
SALES TERMS and CONDITIONS (incl. Prices, Payment & Delivery)
"We, "us", "our", means Nine Elms Books Ltd. "You", "your" means the person ordering products under these Sales Terms. "Working days" means all days other than Saturdays, Sundays, and Public Holidays. "Goods" means the good or goods you have ordered from us.
- 1.Formation of Contract
- All orders for Goods are offers by you to purchase and accepted only when you receive a confirmation email from us to the effect that your order has been processed. This will form a contract, which incorporates these terms and conditions, between you and us (Contract).
- Where the use of the Goods is stated to be subject to any instructions or warnings, they are supplied on the condition that such instructions or warnings will be strictly adhered to.
- Our failure to insist upon the strict performance of any of your obligations under the Sales Terms will not be construed as a waiver and will not affect our rights to require strict performance of such obligations.
- If any provision of the Sales Terms or part thereof is found to be invalid or unenforceable, the invalidity or unenforceability of such provision or part will not affect any other provision or the remainder of the provision in which such invalid or unenforceable part is contained, which will remain in full force and effect.
- All notices will be in writing and maybe served by either party on the other by hand or by first class pre paid post. The address for service, in the case of a notice from you to us, is specified at the bottom of these Terms and Conditions and, in the case of a notice from us to you, will be the address stated on your order.
- Nothing in these Sales Terms which form the agreement between you and us will give nor is intended to give rights to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- All prices for the Goods are inclusive of taxes but exclusive of delivery charges which are shown separately.
- The price of an item is the price on the day of your order. We try to ensure that all prices on display on this website are accurate but the price on your order will need to be validated by us prior to processing your order. Where an item's correct price is higher than the price stated on your order we will contact you to let you know the correct price and give you the opportunity of reconfirming your order or cancelling before we dispatch the Goods.
- All Goods are subject to availability. Where stock has run out or Goods cannot for some reason be dispatched, we will contact you by email to inform you of this and give you a likely delivery date for within 14 days. If it is not possible to deliver within 14 days, we will not accept that part of your order. Where these Goods are part of a larger order, we will process and dispatch the available Goods to you in the normal manner in accordance with these Sales Terms.
- Payment authorisation must be provided by you on the date that you place an order for Goods.
- Payment must be made by credit/debit card. We accept payment by Visa, MasterCard, Switch, Maestro and Delta. Payment will be debited from your account before despatch of the Goods to you.
- Upon receiving your order we will carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds in order to fulfil the transaction. No payment is debited from your card during this pre-authorisation check.
- On some occasions, we are required by the card issuer to perform additional security checks on the payment card, which can delay the order until the card has been authorised.
- You confirm that the credit/debit card that is being used is yours.
- All product prices and delivery charges are shown in UK pounds sterling. Your payment card company will perform any currency conversion, if necessary.
- 6.Delivery in the United Kingdom
- We can deliver to any address in the United Kingdom including Northern Ireland.
- There may be a charge for delivery. Charges will be fully visible on the website at the time of purchase.
- All delivery times are estimates only and, while we will endeavour to avoid delay, we will not be liable to you for any loss or damage arising from delay in delivery.
- We may deliver the Goods by instalments. Delivery charges will be those set out at the time you placed your order.
- If we are unable to perform the whole or part of the Contract due to any cause or event beyond our reasonable control we may, at our option, by notice in writing to you, cancel or suspend the Contract in whole or in part without liability and without prejudice to our rights to receive payment of the price for all Goods previously delivered.
- If you receive the wrong goods or Goods are damaged in transit, you must contact us within 28 calendar days. Please refer to the terms and conditions of our Cancellation and Returns policy (below).
- 7.Orders to and from Overseas
- There may be a territorial restriction on our ability to deliver and we will inform you accordingly.
- The provisions of clauses 5.2 to 5.6 above apply also to overseas sales.
- When ordering Goods for delivery overseas you may be subject to import duties and taxes, which are levied once the Goods reach the specified destination. Any additional charges for customs clearance must be borne by you.
- We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
- When ordering from us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the Goods. You are responsible for notifying your local customs office of your purchase. Please be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
- The Goods are at your risk from the time of delivery.
- Ownership of the Goods does not pass to you until we have received in full (cash or cleared funds) all sums due in respect of:
- The Goods; and
- All other sums which are or become due to us from you on any account.
- We take your online privacy seriously. However, although we use appropriate encrypted security software on our website, the security of any payments transmitted and processed via the Internet cannot be guaranteed. Any losses incurred or sustained by you as a result of transmitting information by means of e-mail or other internet link will be borne solely and exclusively by you.
- 10.Limitations of Liability
- Nothing in these Sales Terms excludes or limits our liability for death or personal injury caused by our negligence or any other liability which cannot be excluded on a point of law.
- Subject to 8.1 above, we will not be liable to you for any loss or damage in circumstances where or to the extent that:
- Neither we nor our employees or agents are in breach of a legal duty owed to you;
- Such loss or damage is not a reasonably foreseeable result of any such breach; or
- Any increase in loss or damage results from a breach by you of any term of this contract.
- Except as expressly provided in these Sales Terms and save for fraudulent misrepresentation, all conditions, representations and warranties (express or implied, statutory or otherwise) are excluded to the extent permitted by law including without limitation any implied warranties or conditions as to quality, fitness for purpose and reasonable skill and care.
- Under no circumstances, including negligence, shall we or any affiliated company or individual be held liable for any direct, indirect, incidental, special or consequential damage (including, without limitation whether for loss of profit, loss of business, lost data, viruses that may infect your computer, depletion of goodwill or otherwise), costs, expenses or other claims for economic loss (howsoever caused) which arise out of or in connection with the Contract or your use of this website generally.
- We further do not warrant that the website or the products and materials contained on such site are error free, or that errors will be corrected, or that this site or the server from which it is run is free of viruses or other potentially harmful codes.
- Our employees and agents are not authorised to make any representations or give any warranty concerning the Goods unless these are confirmed in writing by us. In entering into the Contract you acknowledge that you do not rely on and waive any claim for any breach of any representation or warranty which is not so confirmed.
- You agree to defend, indemnify and hold us and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of these Sales Terms by you or your authorised users, or in connection with the use of the website or the Internet or the placement or transmission of any message or information on this website by you or your authorised users.
- 12.Cancellation and Return of Goods (Non-Business Customers Only)
- This returns policy does not affect your statutory rights.
- You may cancel your order before delivery or within 14 calendar days after the date of delivery if the delivery address is in the United Kingdom including Northern Ireland or within 28 calendar days after the date of delivery if the delivery address is outside the United Kingdom or Northern Ireland. Please cancel by contacting us at firstname.lastname@example.org.
- We will credit your payment card with the cost of the unwanted Goods and our delivery charges within 30 days of the date of your cancellation.
- Please return the unwanted Goods with the original packaging within 30 days of cancellation. You are required to take reasonable care of the goods while in your possession.
- Returned Goods will be delivered to us at your cost, unless the Goods are defective or damaged or if we have delivered them to you in error. We will be entitled to deduct the cost of recovering the Goods if you fail to return them following cancellation.
- If Goods are defective or damaged, please contact us via the order enquiries form on the My Account section. We reserve the right to check if items are damaged or defective before agreeing to reimbursement and ask for proof of damage or defect. We will refund you the cost of damaged or defective goods, our delivery charges and your reasonable return charges.
- Refunds will be credited to your payment card and will not be paid in cash.
From time to time Nine Elms Books may make special offers available to you. These are available for limited periods only.
12. Contact Us
For full details of how to contact us please visit our Contact page on the website. For service of legal notices our details are as follows: Nine Elms Books Ltd
Unit 6B, Clapham North Arts Centre
26-32 Voltaire Road
London SW4 6DH