Terms of Use
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Terms of sale
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Terms of sale
Welcome to the website!
These terms of sale apply to any purchase via this website of a collectors edition of Philippa Gregory's 'The White Queen' as featured on this website (the "Book").
Please read these terms carefully as if you place an order for a Book you agree to be bound by them. We recommend you print a copy of these terms of sale for your future reference.
You will also be bound by the website Terms of Use. If there is any conflict between these Terms of Sale and the Website Terms of Use, the Terms of Sale shall take precedence in relation to any contract to purchase a Book.
1. Who is the contract to purchase a book between?
Whilst the website is operated by Simon & Schuster in partnership with HarperCollinsPublishers Limited, any contract to purchase a Book will be between you as purchaser and HarperCollins Publishers Limited as supplier. Simon & Schuster will not be a party to that agreement. Please see the website Terms of Use for contact details and corporate information about HarperCollins.
2. Buying a book
2.1 You can place an order for one or more Book(s) (up to a maximum of 9) by submitting an order via the "Buy Now" pages on the website. You will need to register and create an account so you are able to complete the order process on the website.
2.2 As the Book is a collectors edition, availability is limited and there is a maximum limit of 9 books per customer.
2.3 By placing an order through our website for a Book you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old
2.4 HarperCollins will confirm acceptance of your order by email only and will supply the Book(s) to you in accordance with your confirmed order. If you do not receive an email confirmation, your order has not been accepted. HarperCollins reserves the right to refuse or decline any order or refuse access to the website.
2.5 The Book is a collectors edition and has been printed with a limited run.
HarperCollins shall have no obligation to supply the Book to you if demand exceeds such limited run. In the event that HarperCollins inadvertently confirms an order when in fact the Books have sold out, it shall refund you the amount debited from your debit/credit card and will be able to terminate any order placed without any additional liability to you.
3. Your account and details
You will be asked to create an account and submit your contact details when placing an order for a Book. It is your responsibility to provide HarperCollins with correct details and notify HarperCollins immediately of any changes to your details. This is important as it is these details that will be used to contact you and dispatch the Books. You are responsible for keeping confidential your account details and password (if appropriate) and preventing unauthorised use of these. You shall be responsible for all activities carried out on your account or password. Please see the website Privacy Policy.
4. Withdrawal of books
While HarperCollins will honour confirmed orders (subject to clauses 2.5 and 5.3), you acknowledge that HarperCollins may withdraw the sale or distribution of the Books at any time without prior notice, or liability, to you.
5. Price
5.1 The price of the Book will be as quoted on the website from time to time, except in cases of obvious error. These prices include VAT but exclude delivery costs, which will be added to the total amount due. Please see our Delivery and Returns Policy for details.
5.2 Prices are liable to change at any time, but changes will not affect orders in respect of which HarperCollins have already sent you a confirmation.
5.3 If HarperCollins discovers a pricing error for any Books it shall have the right to cancel your order without any liability to you and shall refund any monies paid by you. HarperCollins are under no obligation to provide a Book to you at the incorrect (lower) price, even after it has sent you a confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mistake.
5.4 Customs Charges - If you are ordering a Book for delivery outside of the UK, please note that your order may be subject to import duties and taxes, which are levied once the package reaches the destination country. Any such charges levied in relation to customs clearance must be borne by you. It is accepted by you that HarperCollins has no control over additional charges in relation to customs clearance and you must comply with all laws and regulations of the country in which you are receiving the Book.
Customs policies vary widely from country to country so HarperCollins recommends that you check with your local customs officials or post office for more informationregarding importation taxes / duties that may be applicable to your on-line order. You will be the importer of the Books and responsible for any import VAT and duty that may be borne. In addition, any charges for import clearance will be borne by you, the customer. HarperCollins may provide certain order, delivery and product information,
to its international carriers and such information may be communicated by the
carriers to customs authorities in order to facilitate customs clearance and comply with local laws.
6. Payment terms
6.1 Payments can only be made by credit card or debit card and will be debited on the date on which your order is accepted by HarperCollins.
6.2 The credit cards or debit cards which are accepted by HarperCollins are as listed on the website. See logos at the footer of each website page for details.
6.3 HarperCollins uses RBS WorldPay (a third party which is part of the Royal Bank of Scotland Group) to process your credit/debit card information. You will be taken to RBS WordlPay's site to submit your payment details.Once your payment is complete you will be asked to click on a link to return to this website and view your order summary. You will receive a paymant confirmation email from RBS WorldPay and an order summary email from thewhitequeen@simonandschuster.co.uk. Your credit/debit card information does not pass through this website and is kept secure by RBS WordlPay.
6.4 For non-UK destinations, the person to whom a Book is sent will be responsible for both customs clearance and payment of customs duties and local taxes where required. Please see clause 5.4 Customs Charges for further details.
7. Delivery
7.1 Time for delivery shall not be of the essence. HarperCollins shall endeavour to deliver the Book(s) within 30 days of the date of acceptance by HarperCollins of your order.
7.2 If you do not take delivery of the Book(s) or give HarperCollins adequate delivery instructions then HarperCollins may store the Book(s) until actual delivery and charge you for the reasonable costs of storage.
7.3 If the Book(s) delivered to you do not include all of the Book(s) ordered by you or the incorrect Books, you must inform HarperCollins in writing within 14 working days from the date of delivery.
8. Risk and ownership
8.1 Risk of damage or loss of the Book(s) shall pass to you on delivery or, if you fail to take delivery of the Book(s), the time when HarperCollins has tried to deliver the Book(s) to you.
8.2 Title/ownership in the Book(s) shall pass to you on delivery of the Book(s), provided the Book(s) have been paid for in full.
9. Right of withdrawal and returns
9.1 You have the right to withdraw from an agreement to purchase a Book made on this website by giving HarperCollins notice in writing of the wish to withdraw within 14 working days of receipt of the Book [please confirm]. In order to exercise your right to withdraw you must inform HarperCollins in writing and return the Book(s) to HarperCollins promptly at your own cost and risk. The Book(s) must be fit for resale and in the same condition as you received it (ie you must have taken reasonable care of the Book(s), which includes keeping the Book in the packaging in which it was delivered to you at all times). Upon the Book(s) being received by HarperCollins in satisfactory condition, HarperCollins shall credit the credit/debit card used to pay for the Book(s) for the amount paid for the Book(s). See clause 10.1 below for the details.
9.2 Please send any notice of withdrawal and return your Book(s) to
HarperCollins at the following address:
"White Queen" Returns
Web Customer Services
HarperCollins Publishers
Westerhill Road
Glasgow
G64 2QT
10. Refunds policy
10.1 If you return a Book to HarperCollins because you have cancelled the agreement
between us within the 14 day period (see clause 9.1 above), HarperCollins will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, HarperCollins will refund the price of the Book(s) in full, including the cost of sending the Book(s) to you. However, you will be responsible for the cost of returning the Book(s) to HarperCollins.
10.2 If you return a Book to HarperCollins for any other reason (i.e. other than as set out in clause 10.1) (for instance, because you claim that a Book is defective), HarperCollins will examine the returned Book and will notify you via email as to whether HarperCollins will issue a refund within a reasonable period of time. HarperCollins will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day HarperCollins confirmed to you via e-mail that you were entitled to a refund for the Book.
11. Warranty and liability
11.1 HarperCollins warrants that the Book(s) will correspond with the order at the time of delivery and will be of satisfactory quality.
11.2 If HarperCollins is in breach of the warranty contained at clause 11.1 above, you shall advise HarperCollins in writing immediately and in any case not later than 14 working days from the date of discovery of the defect. On receiving a notice under this clause and receipt of the Book(s), HarperCollins will refund the price of those Book(s) which are defective, subject to HarperCollins being satisfied that the Books are defective – see clause 10.2. The warranty contained in clause 11.1 shall be the extent of HarperCollins' liability for defective Book(s).
11.3 Save as expressly provided in these terms of sale all warranties, conditions, terms and liabilities express or implied by statute or common law are excluded to the fullest extent permitted by law and HarperCollins will not be liable to you for any loss of any kind whatsoever which arises out of the breach of implied warranties or conditions or breach of any other duty of any kind imposed on HarperCollins by operation of law.
11.4 HarperCollins will not be liable for:
11.4.1 any loss of anticipated profits or expected future business;
11.4.2 damage to reputation or goodwill;
11.4.3 any damages, costs or expenses payable by you to any third party;
11.4.4 loss of any order or contract; or
11.4.5 any unforseeable loss of any kind.
which may arise by reason of any breach of the contract for a Book or any implied warranty, condition or other term or any representation or any duty of any kind imposed on HarperCollins by operation of law:
11.5 Unless otherwise provided in these terms of sale, and subject to clause 11.7, the liability of HarperCollins for breach of any express or implied term of any agreement relating to a Book shall be limited to the reasonable cost of remedying any defect in the Book(s) constituting a breach and in no circumstances shall HarperCollins' liability to you exceed the total purchase price (plus delivery cost) of the Book(s) ordered by you.
11.6 Without prejudice to any other provision of this clause 11, HarperCollins will not be in breach of the terms of any agreement for a Book for any delay in performing, or failure to perform, its obligations if that delay or failure was due to any cause or circumstance beyond HarperCollins' reasonable control.
11.7 Nothing in this clause 11 shall exclude HarperCollins' liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation or for any liability that cannot be excluded or limited by applicable law.
12. Termination
12.1 HarperCollins may terminate any agreement relating to a Book if you:
12.1.1 are in breach of these terms of sale or any other contract between you and HarperCollins; or
12.1.2 have a petition presented for your winding up or for an administration order to be made in respect of you; have a receiver or administrative receiver appointed over you or any of your assets; resolve to wind yourself up (other than for a solvent reorganisation); have a bankruptcy order made against you or and of your partners; or enter, or propose to enter into a composition or voluntary arrangement with your creditors.
12.2 Termination shall not affect HarperCollins’ accrued rights under any
agreement relating to a Book.
13. General
13.1 Any notice required under these terms of sale to be given to HarperCollins shall be in writing and addressed to:
Web Customer Services
HarperCollins Publishers
Westerhill Road
Glasgow
G64 2QT
or any other address notified by HarperCollins. Any notice shall be deemed to be served:
13.1.1 if sent by pre-paid first class post two days after it is posted; or
13.1.2 if sent by email the day following transmission (as contained on the email receipt)
13.2 If any of these terms of sale is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the validity of the other provisions of these terms of sale and the remainder of the provision in question shall not be affected thereby and shall continue to be valid and enforceable to the fullest extent permitted by law.
13.3 The agreement to purchase a Book and these terms of sale and any dispute or claims arising out of or in connection with them (including non-contractual disputes and claims) shall be governed by and construed in accordance with the law of England and you and we irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with these terms of sale (including non-contractual disputes or claims).
13.4 You shall not transfer, assign or sub-contract your obligations under any
agreement to purchase a Book and these terms of sale without HarperCollins' prior consent in writing.
13.5 Failure or neglect by HarperCollins to enforce at any time any of these terms of sale shall not be a waiver of HarperCollins' rights and it shall not affect the validity of the whole or any part of these term of sale or prejudice HarperCollins' right to take subsequent action.
13.6 Nothing in these terms of sale is intended to confer on any third party any benefit or any right to enforce any terms contained in these terms of sale.
14. Queries
14.1 If you experience any problems with your order or in using this website, or if you have any complaint relating to the Book(s), please contact us at the address below and we will be happy to assist you:
Web Customer Services
HarperCollins Publishers
Westerhill Road
Glasgow
G64 2Q
Telephone: 08... during business hours (8.30am-5.30pm Monday to Friday
excluding UK Bank Holidays and Public Holidays).
Email: thewhitequeen@simonandschuster.co.uk
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Terms of use
1. Who are we?
This website is provided by Simon & Schuster (UK) Limited in partnership with HarperCollins Publishers Limited.
Simon & Schuster (UK) Limited are a company incorporated in England and Wales with registered number 714516 and registered office at Mitre House, 160 Aldersgate Street, London EC1A 4DD ("S&S").
HarperCollins Publishers Limited are a company registered in Scotland with registered number SC027389 and registered address at 103 Westerhill Road, Bishopbriggs, Glasgow G64 2QT ("HarperCollins").
2. Accepting these terms of use
2.1 These Terms of Use ("TOU") set out the basis on which you may use the website. Please read these carefully before you start to use the website. By using the website, you are indicating that you accept these TOU and that you agree to abide by them. If you do not agree to these TOU, please do not visit or use this website.
2.2 These TOU do not apply to any other website or any other activities of S&S or HarperCollins (unless specifically stated).
2.3 If you wish to purchase a copy of the collectors edition of "White Queen" by Philippa Gregory (the "Book") via this website both these TOU and the separate terms of sale will apply. Please see the website Terms of sale. If there is any conflict between the Terms of Sale and these Terms of Use, the Terms of Sale shall take precedence in relation to any contract to purchase a Book.
2.4 Please also carefully review this website's Privacy Policy which governs collection and use of information about you. By using the website, you consent to us obtaining and holding your data as set out in the Privacy Policy.
3. Access to our website and age restrictions
3.1 The website is intended solely for users aged 18 years or over. Any registration, use or access of the website by anyone under 18 years of age without their parent or guardian's prior consent is unauthorised. By using the website, you warrant that you are 18 years of age or older (or have the consent of your parent or guardian to use the website).
3.2 We intend to keep the website available and operating until all copies of the collectors edition of the Book are sold, however we reserve the right to withdraw the website at any time without notice.
3.3 Whilst we try to ensure the website is normally available 24 hours a day, we will not be liable to you if for any reason the website is unavailable at any time or for any period. Access to our website is permitted on a temporary basis, and we reserve the right to withdraw the website and/or service we provide on our website without notice (on a temporary or permanent basis). You agree that S&S and HarperCollins will not be liable to you or to any third party for any modification, suspension or discontinuance of the website or any part thereof.
4. Ownership of material on the website and Intellectual Property Rights
4.1 Unless otherwise expressly stated, this website and all materials that are included in or are otherwise a part of the website including, without limitation, graphics, layout, text, instructions, images, designs, trade marks, logos, any and all copyrightable material, the "look and feel" of the website, the compilation, assembly and arrangement of the materials of the website, and all other materials related to the website (collectively, the "Materials") are owned, controlled or licensed by S&S and/or HarperCollins and its subsidiaries or affiliates and are protected from unauthorised use, copying and dissemination by copyright, trade mark, patent and other laws, rules and regulations.
4.2 Except as is expressly provided in these TOU, the Materials may not be copied, reproduced, downloaded, modified, republished, posted, transmitted, stored, sold or distributed in any way, in whole or in part, without the express prior written permission of S&S and HarperCollins.
5. Your Licence to use materials on the website
5.1 The materials may be used as a shopping and reference resource or for the purposes of private, non-commercial viewing of the web pages only.
5.2 Subject to your compliance with the TOU, you are granted a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, view and/or print a single copy of the Materials on any single computer for your personal, non-commercial use only, provided that you keep intact all trade mark, copyright and other proprietary notices contained in the Materials or any copy you make of the Materials.
5.3 If you wish to make any use of the Material save as set out in clause 5.2, please contact thewhitequeen@simonandschuster.co.uk with details of your request and we will consider and respond to your request.
6. Links to third party websites
There may be links from the website, or in communications you receive from the website, to third party websites. Accessing those third party websites requires you to leave the website. S&S and HarperCollins do not control those third party websites or any of the content contained therein and you expressly acknowledge and agree that neither S&S nor HarperCollins are responsible or liable for any of those third party websites. You are encouraged to review all policies, terms and regulations, including the privacy policies and terms of use of each and any third party website that you visit.
7. Liability disclaimer
7.1 To the fullest extent permissible by law, S&S and HarperCollins provide the website including, without limitation, the Materials on an "as is" basis and S&S and HarperCollins, their parents, subsidiaries and affiliates and each of their employees, directors, officers, shareholders, agents, vendors and contractors (collectively, the "website parties") make no guarantees, representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the website; (b) the Materials; (c) the functions made accessible on or through the website; (e) any products, services or instructions offered or referenced at the website; and/or (f) security associated with the transmission of information to the website.
7.2 The website parties hereby disclaim all conditions and warranties, and other terms which might otherwise be expressed or implied by statute, common law or otherwise including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment and freedom from computer virus and harmful or destructive material.
7.3 Under no circumstances will the website parties be liable to you for any losses or damages of any kind incurred by you (even if foreseeable) in connection with your use of the website and/or the Materials or in connection with the inability to use, or results of use of the website, any websites linked to it, any errors or omissions in the website's technical operation, including, without limitation, any liability for:
(a) any damage to your computer, hardware, computer software or other equipment or technology;
(b) damage from any security breach or from any virus, bugs, error, defect, delay in operation or transmission;
(c) computer line or network failure or any other technical or other malfunction;
(d) loss of income or revenue;
(e) loss of business;
(f) loss of profits or contracts;
(g) loss of anticipated savings;
(h) loss of data; and
(i) loss of goodwill.
7.4 Nothing in these TOU shall affect or limit S&S and/or HarperCollins' liability for death or personal injury arising from the negligence of S&S and/or HarperCollins, nor their liability for fraud or fraudulent misrepresentation nor any other liability that cannot be excluded or limited under applicable law.
7.5 In the event S&S and/or HarperCollins cannot exclude or limit its liability to you as set out in these TOU and are liable to you under these TOU and/or in relation to your use of the website and/or the Materials, in no event will the website parties' total liability to you for all damages, losses or causes of action exceed [insert amount].
8. Changes to these TOU
We reserve the right to add to or change these TOU and agree to ensure that a note of the date and clause number of any such amendments will be included as part of the TOU. Any changes will be posted to this page and it is your responsibility to ensure that you are aware of any such changes from time to time. Changes will become effective 24 hours after first posting and you will be deemed to have accepted any change if you continue to access the website after that time.
9. Governing law and jurisdiction
These TOU and any dispute or claim arising out of or in connection with them (including non-contractual disputes and claims) shall be governed by and construed in accordance with the law of England and you and we irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with these TOU (including non-contractual disputes or claims).
10. General
10.1 These TOU, and the documents referred to in them, constitute the entire agreement and understanding between us relating to the website and supersede all prior written or oral understandings, arrangements, representations or agreements relating to such.
10.2 A person who is not a party to these TOU has no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any of these terms, but this clause does not affect a right or remedy of a third party which exists or is available apart from that Act.
10.3 If for any reason any part of these TOU are deemed unenforceable, then that part of the TOU will be deleted and this will not affect the validity or enforceability of the remaining terms.
10.4 Any waiver by us of the breach of the TOU shall not be deemed to be a waiver of any subsequent breach of any provision.
11. Queries
If you have any queries about the Book or the website or if you wish to make a complaint please contact us at:
Web Customer Services
HarperCollins Publishers
Westerhill Road
Glasgow
G64 2Q
Telephone: 08... during business hours (8.30am-5.30pm Monday to Friday
excluding UK Bank Holidays and Public Holidays).
Email: thewhitequeen@simonandschuster.co.uk
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Privacy policy
1. Introduction
This privacy policy details how HarperCollins may collect personal information (ie information that can be used to identify you) via this website and covers the use of such personal information by HarperCollins. It also gives you information about how cookies are used on this website.
Whilst the website is operated in partnership with Simon & Schuster (UK) Limited, Simon & Schuster will not have access to your personal information unless you expressly tick the box on the registration page allowing them to contact you directly. [Please confirm]
2. Collecting personal information
During a visit to the website, you may be asked to provide personal information (including providing your email address and name in order to purchase a collectors edition of "The White Queen" by Philippa Gregory (the "Book")).
By entering your personal details into the requested fields, you agree to HarperCollins providing you with the selected services related to the Book. Whenever you provide personal information to HarperCollins, it will treat that information in accordance with this privacy policy.
3. How HarperCollins uses your personal information
HarperCollins uses your personal information collected via this website to:
• Fulfill and manage your order for the Book;
• Communicate with you; and
• Operate your account
From time to time, HarperCollins may use your information to contact you for market research or to provide you with marketing information and newsletters relating to its goods and services. HarperCollins will always give you the opportunity to opt out of receiving such direct marketing or market research contact each time you receive a new item of information.
4. Will my details be passed to third parties?
HarperCollins will keep a record of your details. Your details will not be passed on to third parties, unless:
• you have given HarperCollins your express consent;
• such third parties are assisting HarperCollins in fulfilling your order for the Book (eg address details will be passed to delivery companies etc);
• HarperCollins are obliged to do so by law (this would include police investigations);
• HarperCollins need to protect customer interests (such as legal liability); or
• HarperCollins is bought or sold in which case it will be passed to (prospective) buyers.
5. Security
Unfortunately, the transmission of information via the internet is not completely secure. Although HarperCollins will try and protect your personal data, it cannot guarantee the security of your data transmitted to the website; and transmission is at your own risk. Once HarperCollins has received your information, HarperCollins will use strict procedures and security features to try to prevent access by unauthorised persons and any unlawful processing, accidental loss, destruction or damage.
6. Cookies
When you visit this website, the pages you see, along with a short text file called a 'cookie', are downloaded to your computer. This is done on a repeat visit by checking to see, and finding, the cookie left there from the last visit. A "cookie" is a small piece of information/data sent by a web server to be stored on your computer’s hard drive, so it can be read back later from that browser. An example is when a browser stores your User IDs and password, so that you do not have to type them into the website on every visit. Information supplied by cookies helps HarperCollins to provide all users of the website with a better experience. It also assists it to analyse the profile and frequency of its users.
HarperCollins may use independent measurement and research companies, to analyse non-personal information relating to the visitors to the website using cookies, log file data and code which is embedded on the website. HarperCollins use this type of information, as with that obtained from other cookies used on the website, to help improve the services to users.
For information on how to find, control and delete your cookies see: http://www.aboutcookies.org/
7. Updating your information and your rights to the personal information HarperCollins hold
HarperCollins aim to keep any personal information it holds up to date, accurate and error free. Please help HarperCollins to keep your information accurate and up to date by notifying it of any relevant changes in the personal data it holds about you. You can also ask HarperCollins to correct any personal data it holds about you. In your request, please specify which data is inaccurate, and what corrections you want made. You can contact us for these purposes at thewhitequeen@simonandschuster.co.uk
You have certain rights to see information HarperCollins holds about you. Any request for such information may be subject to a small fee to meet costs in providing you with such details. Please contact [insert contact details] if you would like further information on this.
You may ask HarperCollins to remove any personal information it holds about you. HarperCollins will take reasonable steps to destroy or de-identify your personal information in accordance with legal obligations.
8. Changes to this privacy policy
The privacy policy is under frequent review and HarperCollins may occasionally make changes to it (including if necessary as a result of development of the services offered on the website, changes to technologies, legal or regulatory change etc). Any changes made to this policy will be posted here. You are encouraged to review this policy periodically as continued use of the website and/or submitting information following such changes will constitute your consent to the changes and the collection and use of your data as described in the then current privacy policy.
9. Contact information
If you have questions or comments about the privacy policy or if you wish to remove your name from HarperCollins' databases, please e-mail : unsubscribe@harpercollins.co.uk
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