Terms and Conditions
This document consists of:
TERMS AND CONDITIONS OF SALE
1. Introduction
1.1 These terms and conditions shall govern the sale and purchase of products through our website.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Sale of Goods Act 1979 or the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013).
2. Interpretation
2.1 In these terms and conditions:
(a) "we" means Bloodaxe Books Ltd; and
(b) "you" means our customer or prospective customer,
and "us", "our" and "your" should be construed accordingly.
3. Order process
3.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.3 To enter into a contract through our website to purchase products from us, the following steps must be taken: if you are a new customer and would like your delivery details to be retained for future orders, you may create an account with us and log in; if you are an existing customer, you should enter your login details; you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; once you are registered or logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
3.4 You will have the opportunity to identify and correct input errors prior to making your order.
4. Products
4.1 The following types of products are or may be available on our website from time to time: books and e-books. Books ordered will be supplied either by Bloodaxe Books Ltd or by our trade distributor, Grantham Book Services Ltd (GBS). However, orders for e-books can only be placed via Amazon.co.uk by clicking the Amazon button on e-book description pages and cannot be supplied by Bloodaxe Books Ltd from this website.
4.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
5. Prices
5.1 Our prices are quoted on our website.
5.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
5.3 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT (zero-rated at present in the case of books).
5.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
5.5 In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force. This will only usually apply to addresses outside the UK.
6. Payments
6.1 You must, during the checkout process, pay the prices of the products you order.
6.2 Payments may be made by debit and credit cards including Visa, Visa Debit/Electron, Mastercard, Maestro and American Express. We also accept payment via PayPal.
6.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
6.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of [GBP 25.00 including VAT]; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.
7. Deliveries
7.1 Our policies and procedures relating to the delivery of products are set out in this Section 7 and in our Delivery Policy document below.
7.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
7.3 We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 7 days following the date of the order confirmation; however, we do not guarantee delivery by this date.
7.4 We do guarantee that unless there are exceptional circumstances all deliveries of products will be despatched within 30 days following the later of receipt of payment and the date of the order confirmation.
7.5 We will only deliver products free of delivery charges to addresses in the UK.
8. Distance contracts: cancellation right
8.1 This Section 8 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
8.2 You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:
(a) beginning upon the submission of your offer; and
(b) ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a period identified by you to take possession of them).
8.3 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 8, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
8.4 If you cancel a contract on the basis described in this Section 8, you must send the products back to us (to Bloodaxe Books Ltd, Sales Office, Penllyn Workshops, Arun Street, Bala, Gwynedd LL23 7SP) or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section 8 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products unless they have been supplied to you in a damaged condition.
8.5 If you cancel an order in accordance with this Section 8, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:
(a) if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and
(b) as otherwise provided in this Section 8.
8.6 If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.
8.7 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
8.8 Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 8 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.
9. Warranties and representations
9.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(d) you will be able to take delivery of the products in accordance with these terms and conditions[ and our delivery policy].
9.2 We warrant to you that:
(a) we have the right to sell the products that you buy;
(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
(c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
(d) the products you buy will correspond to any description published on our website; and
(e) the products you buy will be of satisfactory quality.
9.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 11.1, all other warranties and representations are expressly excluded.
10. Breach of product warranty
10.1 If you believe that products you have purchased from us breach any of the warranties set out in Section 9.2, please contact us to discuss the issue and arrangements for the return of the products.
10.2 If products you purchase from us do not conform with the warranties set out in Section 9.2, then you will be entitled to a refund of all amounts paid in respect of those products. Alternatively and subject to availability, we may agree to supply you with replacement products, in which case we will pay the cost of delivering those replacement products to you. In either case we will reimburse you for your reasonable expenses incurred in returning the products to us.
10.3 If you return a product in contravention of these terms and conditions, and you do not have any other legal right to a refund or exchange in respect of that product:
(a) we will not refund the purchase price or exchange the product;
(b) we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and
(c) if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.
11. Limitations and exclusions of liability
11.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:
(a) are subject to Section 11.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
11.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11.5 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
11.6 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.
12. Order cancellation
12.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
(a) you fail to pay, on time and in full, any amount due to us under the contract; or
(b) you commit any breach of the terms of the contract.
12.2 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
13. Consequences of order cancellation
13.1 If a contract under these terms and conditions is cancelled in accordance with Section 12:
(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
(c) all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 11, 16, 17, 18, 19, 20 and 21 will survive termination and continue in effect indefinitely.
14. Scope
14.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
14.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
14.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
15. Variation
15.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
15.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
16. Assignment
16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions − providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
16.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
17. No waivers
17.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
17.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.
18. Severability
18.1 If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
18.2 If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
19. Third party rights
19.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
19.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
20. Entire agreement
20.1 Subject to Section 11.1, these terms and conditions, together with our Delivery Policy and our Returns Policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
21. Law and jurisdiction
21.1 A contract under these terms and conditions shall be governed by and construed in accordance with the laws of England and Wales.
21.2 Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
22. Statutory and regulatory disclosures
22.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
22.2 These terms and conditions are available in the English language only.
22.3 Our VAT number is 414 4062 89.
23. Our details
23.1 This website is owned and operated by Bloodaxe Books Ltd.
23.2 We are registered in England under registration number 1656254, and our registered office is at Bloodaxe Books Ltd, Eastburn, South Park, Hexham, Northumberland NE46 1BS.
23.3 Our principal places of business are at Bloodaxe Books Ltd, Eastburn, South Park, Hexham, Northumberland NE46 1BS (editorial, rights, publicity and website) and Bloodaxe Books Ltd, Penllyn Workshops, Arun Street, Bala, Gwynedd LL23 7SP (sales, administration and finance).
23.4 You can contact us by writing to either business address given above, by using our website contact form, by email to sales@bloodaxebooks.com or by telephone on 01434-611581 (Hexham) or 01678-521550 (Bala).
TERMS AND CONDITIONS OF USE
1. Introduction
1.1 These terms and conditions govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website or make a purchase on our website, we will ask you to expressly agree to these terms and conditions.
1.4 Some material available from our website may be unsuitable for minors or people of a sensitive disposition. All responsibility related to the viewing, reading or other use of such material shall rest with the parents or guardians of such persons.
1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Privacy and Cookies Policy.
2. Copyright notice
2.1 Copyright © 2015 Bloodaxe Books Ltd.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own or control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3. Licence to use website
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.
3.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4. Acceptable use
4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities other than those whose email addresses are given on our website.
4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
5. Products
5.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.
5.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
5.3 Prices stated on our website may be stated incorrectly.
5.4 The sale and purchase of products through our website will be subject to Terms and Conditions of Sale, and we will ask you to agree to the terms of that document each time you make a purchase on our website.
5.5 Any product reviews that you submit for publication on our website shall be subject to the terms of Section 9 and Section 10.
6. Registration and accounts
6.1 You may register for an account with our website by completing and submitting the account registration form on our website.
6.2 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.3 You must not use any other person's account to access the website, unless you have that person's express permission to do so.
7. User IDs and passwords
7.1 If you register for an account with our website, you will be given a user ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8. Cancellation and suspension of account
8.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation.
8.2 You may cancel your account on our website using your account control panel on the website.
9. Report abuse
9.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
9.2 You can let us know by email to sales@bloodaxebooks.com
10. Limited warranties
10.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
10.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
10.3 To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
11. Limitations and exclusions of liability
11.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:
(a) are subject to Section 11.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
11.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
11.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
11.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
11.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12. Breaches of these terms and conditions
12.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
12.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
13. Third party websites
13.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
13.2 We have no control over third party websites and their contents, and subject to Section 11.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
14. Variation
14.1 We may revise these terms and conditions from time to time.
14.2 The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions. / We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.
14.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
15. Assignment
15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
16. Severability
16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17. Third party rights
17.1 These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.
18. Entire agreement
18.1 Subject to Section 11.1, these terms and conditions, together with our Privacy and Cookies policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.
19. Law and jurisdiction
19.1 A contract under these terms and conditions shall be governed by and construed in accordance with the laws of England and Wales.
19.2 Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
20. Statutory and regulatory disclosures
20.1 We are registered at Companies House; you can find the online version of the register at https://www.gov.uk/government/organisations/companies-house, and our registration number is 1656254.
20.2 [Our VAT number is [number].]
21. Our details
21.1 This website is owned and operated by Bloodaxe Books Ltd.
21.2 We are registered in England under registration number 1656254, and our registered office is at Bloodaxe Books Ltd, Eastburn, South Park, Hexham, Northumberland NE46 1BS.
21.3 Our principal places of business are at Bloodaxe Books Ltd, Eastburn, South Park, Hexham, Northumberland NE46 1BS (editorial, rights, publicity and website) and Bloodaxe Books Ltd, Penllyn Workshops, Arun Street, Bala, Gwynedd LL23 7SP (sales, administration and finance).
21.4 You can contact us by writing to either business address given above, by using our website contact form, by email to sales@bloodaxebooks.com or by telephone on 01434-611581 (Hexham) or 01678-521550 (Bala).
DELIVERY POLICY
1. Introduction
1.1 This policy contains details of the delivery methods, periods and charges that apply to orders for our products made through our website or by telephone or email.
1.2 This policy is a legally binding document, and forms part of the contract of sale between you and us made under our Terms and Conditions of Sale.
2. Free delivery
2.1 We offer free standard delivery to all UK addresses.
2.2 All other orders will be subject to delivery charges as detailed in Section 5.
3. Geographical limitations
3.1 We will usually be able to effect prompt delivery to addresses in England, Scotland, Wales and Northern Ireland.
3.2 We will agree to attempt delivery of products to other countries and territories.
4. Delivery methods and periods
4.1 The methods that we use to deliver our products, and the time periods within which delivery is usually completed, are as follows:
(a) if your delivery address is in the United Kingdom, we will select the most appropriate delivery method given that we are bearing the cost, and the typical period for delivery of products is 5 working days; or
(b) if your delivery address is outside the United Kingdom, the delivery method will relate to the cost quoted at the point of confirming your order
(c) if you wish to specify a different delivery method, you can only do this by emailing sales@bloodaxebooks.com or by ringing 01678-521550 and making a separate agreement by email or telephone for the supply of your order which will not be processed through this website.
4.2 If you place your order before 2pm on a working day, these time periods run from the close of business on that day; if you place your order after 2pm on a working day, or on a non-working day, these time periods run from the close of business on the next following working day.
4.3 The delivery periods set out in this Section 4 are indicative only, and whilst we will make every effort to ensure that you receive your delivery in good time, we do not guarantee delivery before the end of the stated period.
4.4 We may conduct fraud screening checks before dispatching the product, and these checks may delay your delivery. If the delivery is likely to be delayed as a result of fraud screening checks, we will notify you.
5. Delivery charges
5.1 Delivery charges for addresses outside the United Kingdom will be calculated by our website and automatically applied to your order during the checkout process, or alternatively quoted by us.
5.2 Applicable delivery charges for addresses outside the United Kingdom will depend upon the location of the delivery address, and the number of the products in your order.
5.3 Our delivery charges in respect of addresses outside the United Kingdom are as follows:
(a) Europe (including the Republic of Ireland): £3.60 for a single book + £2 for each additional book included in the same order.
(a) North America: £8.20 for a single book + £4.20 for each additional book included in the same order.
(a) Rest of the World: £9.70 for a single book + £5 for each additional book included in the same order.
6. Delivery tracking
6.1 In order to keep shipping costs to a minimum, we are unable to offer tracking services to customers, but we are able to track despatches sent overseas.
6.2 If you are ordering from overseas and your order appears to have been delayed, please contact us by email at sales@bloodaxebooks.com and we will have your order tracked and delivery expedited.
7. Receipt and signature
7.1 All overseas deliveries must be received in person at the delivery address, and a signature must be provided.
7.2 Our delivery service provider will notify you in advance of attempting to make a delivery requiring signature.
8. Additional deliveries
8.1 If an initial delivery attempt is unsuccessful, our delivery service provider will leave a card giving their details for you to contact them to make your own arrangement for a second attempt at delivery to your address or collection from their depot including a time limit for collection.
9. Delivery problems
9.1 If you experience any problems with a delivery, please contact us using the contact details that we publish on our website or otherwise notify to you.
9.2 If our delivery service provider is unable to deliver your products, and such failure is your fault, and you do not collect your products from our delivery service provider within the relevant time limit, we may agree to arrange for re-delivery of the products; however, we reserve the right to charge you for the actual costs of re-delivery (even where the initial delivery was free of charge).
9.3 An indicative list of the situations where a failure to deliver will be your fault is set out below:
(a) you provided the wrong address for delivery;
(b) there is a mistake in the address for delivery that was provided;
(c) the address for delivery is not reasonably accessible;
(d) the address for delivery cannot safely be accessed;
(e) if in-person receipt is not required, there is no easy and secure means of leaving the products at the address for delivery and there is no person available to accept delivery; or
(f) if in-person receipt is required, there is no person available at the address for delivery to accept delivery and provide a signature.
RETURNS POLICY
1. Introduction
1.1 We understand that from time to time you may wish to return a product to us.
1.2 We have created this policy to enable you to return products to us in appropriate circumstances.
1.3 This policy shall apply to all of our customers, irrespective of their geographical location.
1.4 This policy shall apply to all orders submitted through our website.
1.5 This document does not affect any statutory rights you may have as a consumer (such as rights under the Sale of Goods Act 1979 or the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013).
2. Returns
2.1 If you have no other legal right to return a product and receive a refund or exchange, then you will nonetheless be entitled to return a product to us and receive a refund in accordance with this policy if:
(a) we receive the returned product within 30 days following the date of despatch of the product to you;
(b) the returned product is unused, in its original packaging, and otherwise in a condition enabling us to sell the product as new;
(c) you comply with the procedure set out in this policy in relation to the return of the product; and
(d) none of the exclusions set out in this policy apply.
3. Returns procedure
3.1 In order to take advantage of your rights under this policy, you must contact us to obtain a return authorisation reference, and then send the product to us with a covering note quoting that reference.
3.2 Products returned under this policy must be sent to Bloodaxe Books Ltd, Sales Office, Penllyn Workshops, Arun Street, Bala, Gwynedd LL23 7SP.
3.3 We will pay the costs associated with the return of products from UK addresses in accordance with this policy.
5. Refunds
5.1 We will give you a refund for the price you paid to us in respect of any product properly returned by you in accordance with this policy.
5.2 We will not refund to you the original delivery charges relating to the returned product unless the product was supplied in a damaged condition.
5.3 We will refund to you your reasonable postage costs incurred returning the product to us.
5.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
5.5 We will process the refund due to you as soon as possible and, in any event, within 30 days following the day we receive your returned product.
6. Improper returns
6.1 If you return a product in contravention of this policy, and you do not have any other legal right to a refund or exchange in respect of that product:
(a) we will not refund the purchase price or exchange the product;
(b) we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and
(c) if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.
7. Our details
7.1 This website is owned and operated by Bloodaxe Books Ltd.
7.2 We are registered in England under registration number 1656254, and our registered office is at Bloodaxe Books Ltd, Eastburn, South Park, Hexham, Northumberland NE46 1BS.
7.3 Our principal places of business are at Bloodaxe Books Ltd, Eastburn, South Park, Hexham, Northumberland NE46 1BS (editorial, rights, publicity and website) and Bloodaxe Books Ltd, Penllyn Workshops, Arun Street, Bala, Gwynedd LL23 7SP (sales, administration and finance).
7.4 You can contact us by writing to either business address given above, by using our website contact form, by email to sales@bloodaxebooks.com or by telephone on 01434-611581 (Hexham) or 01678-521550 (Bala).
COPYRIGHT NOTICE
1. Copyright notice
1.1 Website content copyright © 1978–2015 Bloodaxe Books Ltd. (Website design © 2015 Indigo Multimedia.)
1.2 Subject to the express provisions of this notice:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
2. Copyright licence
2.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use our website services by means of a web browser,
subject to the other provisions of this notice.
2.2 Except as expressly permitted by the other provisions of this notice, you must not download any material from our website or save any such material to your computer.
2.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
2.4 Except as expressly permitted by this notice, you must not edit or otherwise modify any material on our website.
2.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website, save to the extent expressly permitted by this notice.
3. Acceptable use
3.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
4. Report abuse
4.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, please let us know.
4.2 You can let us know [by email or by using our abuse reporting form].
5. Enforcement of copyright
5.1 We take the protection of our copyright very seriously.
5.2 If we discover that you have used our copyright materials in contravention of the licence set out in this notice, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.
6. Permissions
6.1 You may request permission to use the copyright materials on our website by writing to us by email or post, using the contact details published on the website.
PRIVACY AND COOKIES POLICY
Part 1: Personal information and privacy
1. Introduction
1.1 We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.
1.2 By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.
2. Collecting personal information
2.1 We may collect, store and use the following kinds of personal information:
(a) information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths);
(b) information that you provide to us when registering with our website (including your email address);
(c) information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (including your name and email address);
(d) information relating to any purchases you make of our goods (including your name, delivery address, payment address, telephone numbers, email address and card details;
(e) information contained in or relating to any communications that you send to us (including [the communication content and meta data associated with the communication]);
(f) any other personal information that you choose to send to us; and
2.2 Before you disclose to us the personal information of another person, you must obtain that person's consent to both the disclosure and the processing of that personal information in accordance with the terms of this policy.
3. Using your personal information
3.1 Personal information submitted to us through our website will be used for the purposes specified in this policy or on the relevant pages of the website.
3.2 We may use your personal information to:
(a) administer our website and business;
(b) personalise our website for you;
(c) enable your use of the services available on our website;
(d) send you goods purchased through our website;
(e) collect payments from you;
(f) send you non-marketing commercial communications;
(g) send you email notifications that you have specifically requested;
(h) send you our email newsletter, if you have requested it (you can inform us at any time if you no longer require the newsletter);
(i) send you marketing communications relating to our business which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);
(j) provide third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information);
(k) deal with enquiries and complaints made by or about you relating to our website;
(l) keep our website secure and prevent fraud;
(m) verify compliance with the terms and conditions governing the use of our website; and
3.3 We will not, without your express consent, supply your personal information to any third party for the purpose of their or any other third party's direct marketing.
3.4 All our website financial transactions are handled through our payment services provider, Elavon in association with Trustwave. You can review the provider's privacy policy at https://www.elavon.co.uk/Cookie-Policy-and-Privacy-Pledge. We will share information with our payment services provider only to the extent necessary for the purposes of processing payments you make via our website, refunding such payments and dealing with complaints and queries relating to such payments and refunds.
4. Disclosing personal information
4.1 We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy.
4.2 We may disclose your personal information:
(a) to the extent that we are required to do so by law;
(b) in connection with any continuing or prospective legal proceedings;
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
(d) to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and
(e) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
4.4 Except as provided in this policy, we will not provide your personal information to third parties.
5. International data transfers
5.1 Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy.
5.2 Information that we collect may be transferred to the following countries which do not have data protection laws equivalent to those in force in the European Economic Area: the United States of America, Russia, Japan, China and India.
5.3 You expressly agree to the transfers of personal information described in this Section 5.
6. Retaining personal information
6.1 This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information.
6.2 Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
6.3 Notwithstanding the other provisions of this Section 6, we will retain documents (including electronic documents) containing personal data:
(a) to the extent that we are required to do so by law;
(b) if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).
7. Security of your personal information
7.1 We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
7.2 We will store all the personal information you provide on our secure (password- and firewall-protected) servers.
7.3 All electronic financial transactions entered into through our website will be protected by encryption technology.
7.4 You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
7.5 You are responsible for keeping the password you use for accessing our website confidential; we will not ask you for your password (except when you log in to our website).
8. Amendments
8.1 We may update this policy from time to time by publishing a new version on our website.
8.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
9. Your rights
9.1 You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:
(a) the payment of a fee (currently fixed at GBP 10); and
(b) the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).
9.2 We may withhold personal information that you request to the extent permitted by law.
9.3 You may instruct us at any time not to process your personal information for marketing purposes.
9.4 In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.
10. Third party websites
10.1 Our website includes hyperlinks to, and details of, third party websites.
10.2 We have no control over, and are not responsible for, the privacy policies and practices of third parties.
11. Updating information
11.1 Please let us know if the personal information that we hold about you needs to be corrected or updated.
Part 2: Cookies
1. About cookies
1.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
1.2 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
1.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
1.4 Cookies can be used by web servers to identity and track users as they navigate different pages on a website and identify users returning to a website.
2. Our cookies
2.1 We use both session and persistent cookies on our website.
2.2 The purposes for which cookies are used on our website are set out below:
(a) we use traffic log cookies on our website to recognise a computer when a user visits the website; track users as they navigate the website; enable the use of a shopping cart on the website; improve the website's usability; analyse the use of the website; administer the websit; prevent fraud and improve the security of the website; personalise the website for each user; target advertisements which may be of particular interest to specific users.
(b) A cookie is a piece of text which asks permission to be placed on your computer's hard drive. Once you agree, your browser adds that text in a small file. A cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. For example, when you visit an electronic store, a cookie makes it easier to shop, by allowing you to place things into a shopping basket; the basket itself is not the cookie, the cookie is placed on your hard drive and keeps track of your basket versus others in use at the same time.
(c) We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Denial of a traffic log cookie should not prevent you from using our website.
(d) Overall, cookies help us provide you with a better website service, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. This practice is strictly in force. We know that people have concerns about cookies, but we believe that the benefit we both gain from their proper use is worthwhile.
(e) You may set your web browser (Microsoft Internet Explorer, Chrome, Safari or Firefox) to notify you of cookie placement requests or decline cookies completely. You can delete the files that contain cookies - those files are stored as part of your internet browser.
3. Analytics cookies
3.1 We use Google Analytics to analyse the use of our website.
3.2 Our analytics service provider generates statistical and other information about website use by means of cookies.
3.3 The analytics cookies used by our website have the following names: _utma, _utmb, _utmc and _utmz.
3.4 The information generated relating to our website is used to create reports about the use of our website.
3.5 Our analytics service provider's privacy policy is available at: http://www.google.com/policies/privacy/.
4. Blocking cookies
4.1 Most browsers allow you to refuse to accept cookies; for example:
(a) in Internet Explorer (version 10) you can block cookies using the cookie handling override settings available by clicking "Tools", "Internet Options", "Privacy" and then "Advanced";
(b) in Firefox (version 24) you can block all cookies by clicking "Tools", "Options", "Privacy", selecting "Use custom settings for history" from the drop-down menu, and unticking "Accept cookies from sites"; and
(c) in Chrome (version 29), you can block all cookies by accessing the "Customise and control" menu, and clicking "Settings", "Show advanced settings" and "Content settings", and then selecting "Block sites from setting any data" under the "Cookies" heading.
4.2 Blocking all cookies will have a negative impact upon the usability of many websites.
4.3 [If you block cookies, you will not be able to use all the features on our website.]
5. Deleting cookies
5.1 You can delete cookies already stored on your computer; for example:
(a) in Internet Explorer (version 10), you must manually delete cookie files (you can find instructions for doing so at http://support.microsoft.com/kb/278835);
(b) in Firefox (version 24), you can delete cookies by clicking "Tools", "Options" and "Privacy", then selecting "Use custom settings for history", clicking "Show Cookies", and then clicking "Remove All Cookies"; and
(c) in Chrome (version 29), you can delete all cookies by accessing the "Customise and control" menu, and clicking "Settings", "Show advanced settings" and "Clear browsing data", and then selecting "Delete cookies and other site and plug-in data" before clicking "Clear browsing data".
5.2 Deleting cookies will have a negative impact on the usability of many websites.
Part 3: Our details
1. Data protection registration
1.1 We are registered as a data controller with the UK Information Commissioner's Office.
1.2 Our data protection registration number is ZA133024.
2. Our details
2.1 This website is owned and operated by Bloodaxe Books Ltd.
2.2 We are registered in England under registration number 1656254, and our registered office is at Bloodaxe Books Ltd, Eastburn, South Park, Hexham, Northumberland NE46 1BS.
2.3 Our principal places of business are at Bloodaxe Books Ltd, Eastburn, South Park, Hexham, Northumberland NE46 1BS (editorial, rights, publicity and website) and Bloodaxe Books Ltd, Penllyn Workshops, Arun Street, Bala, Gwynedd LL23 7SP (sales, administration and finance).
2.4 You can contact us by writing to either business address given above, by using our website contact form, by email to sales@bloodaxebooks.com or by telephone on 01434-611581 (Hexham) or 01678-521550 (Bala).
