Mischief Books – Terms and Conditions of Sale
1. This website is a site operated by HarperCollins Publishers Limited (we/us/ours). We are registered in Scotland under company number 27389 and with our registered office at HarperCollins Publishers Ltd, Westerhill Road, BishopsBriggs, Glasgow, G64 2QT. Our VAT number is 259639706.
This page (together with the documents referred to on it) tells you (you/yours) the terms and conditions (Terms) on which we supply any of the eBooks (Products) listed on our website www.mischiefbooks.com (Site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should keep a copy of these Terms for future reference. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
The ordering process and order confirmations
1.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to availability and to acceptance by Us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms your order. The contract between us and you (Contract) will only be formed when we send you the confirmation email.
1.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate confirmation email.
2. Competitions and promotional offers: from time to time we may offer you the chance to enter competitions or take up certain promotional offers. We will alert you to any specific terms which apply to such competitions or promotions at the relevant time.
YOUR USE OF THE WEBSITE/SERVICE
Your promises to Us
You confirm that:
2.1 You are over 18;
2.2 You will comply with the restrictions on your use of the Site as set out in these Terms; and
3. If We take legal action against You for non-payment or any other breach of these Terms and a court makes an award in Our favour You will be responsible for all costs allowable by the Courts.
Rights granted and rights reserved
3.1 Your use of the Site and its contents including the Products grants no rights to you in relation to our intellectual property rights including, without limitation, copyright trade marks, logos, graphics, photographs, and text or the intellectual property of author’s or anyone else who contributes to the Site and its contents.
3.2 You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the Products, web pages or materials on the Site or the computer codes of elements comprising the Site other than for your own personal use.
3.3 Any use other than that permitted under this clause may only be undertaken with our prior express authorisation.
3.4 We may provide links to other websites from time to time (via advertising or otherwise). We cannot give any guarantee that products you from companies who advertise, or to whose website we have provided a link on, our site will be of satisfactory quality, and any such guarantees are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the companies who advertise on the site. You acknowledge that:
these links are provided for your ease of reference and convenience only;
We do not control such third party websites and are not responsible for their contents;
Our inclusion of links does not imply any endorsement of the material contained in such websites or any association with their operators;
We will not be party to any transaction or contract with a third party that you may enter into via such sites;
We shall not be liable to you in respect of any loss or damage which you may suffer by using those websites; and
You agree that you will not involve us in any dispute between you and the third party.
Downloading eBooks and returns
You agree that our service of delivering the Product will begin as soon as we send you the email confirming your purchase of Product and you will therefore not have the right to cancel your purchase of the Product under distance selling legislation once you have downloaded the Product.
4. If a Product is faulty or does not meet the description given on the Site at the time you placed your order, please contact us as soon as possible on email@example.com we will refund the purchase price, delivery charge and any reasonable costs you incur in returning it to us.
5. Nothing in these Terms is intended to affect these statutory rights. For more information about your statutory rights contact your local citizens Advice Bureau or Trading Standards Office.
Prices and payment
5.1 The price of a Product shall be as stated on this Site at the time you place your order except in the case of obvious error. We try and ensure that all prices on our Site are accurate but errors may occur. If we discover an error in the price of a Product you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel and you have already paid for the Product, you will receive a full refund. Prices shown are inclusive of UK Value Added Tax.
5.2 We only accept payment via PayPal. Payment will be debited from your PayPal account upon or shortly before despatch of the Product to you.
5.3 You confirm that the PayPal account that is being used is yours. If PayPal refuse to authorise payment we will not accept your order and we will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
5.4 We are not responsible for PayPal charging you as a result of our processing of your payment in accordance with your order.
OUR LEGAL OBLIGATIONS AND LIMITS ON Our LIABILITY
6. We guarantee to you that any Product purchased from us through our Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
7. Our responsibility to you for supplying any Product which is not reasonably fit for its purpose is limited to the price you paid for the product Product you purchased only.
8. This does not include or limit our responsibility to you for death or personal injury caused by our negligence for fraudulent misrepresentation or for death or personal injury resulting from our negligence or the negligence by us, our employees or agents.
9. We are not responsible for damage to your computer or loss of data that results from your use of the Site and we cannot guarantee that any files that you download are free from viruses, contamination or other destructive features. We use all reasonable efforts to correct any errors or omissions as soon as practicable once they have been brought to Our attention, We do not guarantee that the information on the Site itself will be free from errors.
10. We do not guarantee that the Site will be available uninterrupted and in a fully operating condition. Access to the Site may be suspended temporarily and without notice in the case of system failure, for maintenance or repair or for other reasons.
11. All content and services on the Site are provided on an 'as is' and 'as available' basis. We do not make any guarantee about the Site or its content or give any guarantee in respect of the Site including, any advice given (on a personal or general basis) and/or statements made by advertisers on or via the Site. Nothing in this clause shall restrict Your statutory rights (including Your rights to receive a reasonable standard of service)
SECURITY AND PRIVACY
12. We will co-operate with any law enforcement authorities or court order requesting or directing Us to for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which We may be required by law to disclose information about You or Your use of the Site
CHANGES TO TERMS
1.1 We may from time to time make changes to these Terms, for example if there is a change of law or if we are providing new services. These changes will take effect from the date the updated Terms are posted onto the Site. We recommend that you check the Site from time to time to see if the Terms have changed. If you continue to use our services after the Terms have changed you will be bound by those changes
1.2 You will be subject to the Terms in force on the site at the time that you order products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it may apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we confirm your order (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
1. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. By using the site you agree to this electronic means of communication and you agree we may send all contracts, notices, information and other communications to you electronically. This does not affect your statutory rights.
1. All correspondence sent by you to us must be sent to firstname.lastname@example.org OR HarperCollins Publishers Ltd at Web Customer Services, HarperCollins Publishers, Westerhill Road, Glasgow G64 2QT. We may give respond to you at either the e-mail or postal address you provide to us when placing an order, or by any other method where you have provided us with contact details. Any correspondence to us must be sent to the correct address.
TRANSFER OF RIGHTS AND OBLIGATIONS
1. This agreement is between you and us is binding on you and us.
EVENTS OUTSIDE OUR CONTROL
1. We will not be responsible for any failure to send you, or delay in sending you any Product that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes event, beyond our reasonable control, including for example postal strikes, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or any acts, decrees, legislation, regulations or restrictions of any government.
2. If there is a Force Majeure Event your order will be suspended whilst the Force Majeure Event continues and we will have an extension of time to deliver your Product until the Force Majeure Event ends, or you cancel your order.
1. If any provision of these Terms is found by a court or a regulator to be invalid or unenforceable then that provision will be removed from these terms and all the other provisions shall continue to apply.
LAW AND JURISDICTION
1. In the event of any dispute between you and us concerning these Terms, the laws of England and Wales will apply. If you wish to take court proceedings against us you must do so within England and Wales.
This policy was last updated on 12 January 2012.