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Terms
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Application:
With the exception of (10) below (Business purchases) these terms and conditions apply to persons buying direct from Amarilli Books who are consumers within the meaning of The Consumer Protection (Distance Selling) Regulations 2000 (UK), and to customers outside the EU member states who are private consumers and not businesses or buying on behalf of a business.
(If you are acting on behalf of a business and wish to buy from Amarilli Books please see our Distribution page).
1. Purchase contract:
These terms and conditions apply to the purchase contract between you and us. Your order constitutes an offer to buy goods from us. When you buy online from us the purchase contract will be concluded at the point payment is taken from your payment card account. If you purchase goods by sending us a cheque, then the purchase contract is concluded when the cheque is cleared.
The purchase contract is exclusively between you and us, and subject to legislation in force no contract with any third party shall be implied or deemed to be implemented or to arise from the purchase contract between you and us.
If any part of these terms and conditions are, or become unenforceable in Law, the enforceability of any other part of these conditions shall not be affected.
The contract between you and us shall be governed by and interpreted in accordance with English law, and the English courts shall have jurisdiction to resolve any disputes.
Other than terms and conditions arising from legislation in force there are no contractual terms or conditions whether aural, written or otherwise, beyond the terms and conditions written herein.
2. Information submitted by you:
Under these terms and conditions you are solely responsible for the payment card information and the accuracy of any other information you submit to make the purchase.
3. Payment process:
When you place an order you will be asked to give details, including payment card details, to a third party payment card processing service provider. The payment you make, when cleared, is deemed to be payment made to us for the goods you are ordering and concludes the purchase contract between you and us. You agree not to pursue any action or claim for losses or damages in connection with payments made under this contract against any third party prior to seeking to excercise your rights to a refund under these terms and conditions, and to giving us reasonable opportunity to satisfy your claim by refunding under these terms and conditions.
We will not be held liable for any losses that may arise due to the refusal or failure to authorise your payment where that refusal or failure is for any reason whatsoever.
4. Repayments and refunds:
In the event that we make a repayment to you, then subject to legislation in force we will have no obligation to do this through any means other than electronic, by crediting the card account on which the payment for purchase was made, or by sending a cheque in the event that we agreed to accept payment by cheque.
We will not be held liable for any losses or damages arising directly or indirectly from our making a repayment.
5. Currencies:
The purchase price is in UK currency. Any information on the purchase price in any other currency that appears on the site is provided by us only in good faith through a third party, and we give no warranty as to the accuracy of the information provided. You are responsible for determining the price equivalent in your chosen currency, and you will make no claim against us to cover any conversion charges or other losses arising thereof, which you suffer, or become liable for, or have to pay.
6. International sales:
We will not be held liable by you to pay any duty or tax arising from your purchase other than those which we have a statutory obligation to pay.
7. UK and European customers - your right to cancel:
Under UK and EU Law you have the right to cancel the purchase contract within a "cooling off" period. If for any reason you are not satisfied with a book you have bought directly from Amarilli Books, then within seven working days starting the day after you receive the book, you can return it to us at our postal address, for a full refund, including postage and packing. You must inform us by E-mail or by writing to us at our postal address within seven working days of receiving of the book that you wish to cancel the purchase, and we will refund the cost of the book plus postage and packing within thirty days. We will refund the cost of posting the book back to us where you have taken good care of the book and you have sent it by reasonably economical means.
8. US and worldwide customers:
If you are not buying from within the EU member states and are not satisfied with a book you have bought directly from Amarilli Books, you must inform us by E-mail within seven days of receiving the book. We may at our sole discretion either refund your money or make arrangements with you to replace the book with another copy.
9. Amarilli Books' right to cancel:
We will normally make all reasonable efforts to ensure your order is fulfilled but reserve the right to cancel any order and refund the payment in full, without obligation to provide a reason for doing so. This may be done, for example, where fraud or other irregularity or risk is suspected. In any case where we cancel an order we shall not be held liable by you or any third party for any loss or damages or adverse consequences arising from our cancellation of the order or our failure to supply goods, save that the cancellation shall be subject to our legal obligations to refund in full legitimate and legal payments made by you with the intention of purchasing goods.
If we believe you may not be a consumer within the meaning of The Consumer Protection (Distance Selling) Regulations 2000 and the order you place is considered by us at our sole discretion to be large, then we reserve the right to request confirmation in writing from you to clarify whether or not your order is being made in the course of a business or profession. If you say you are a consumer within the meaning of The Consumer Protection (Distance Selling) Regulations 2000 then we may cancel your order in accordance with these terms and conditions and refund your payment in full.
10. Business purchases
If you say you are not a consumer within the meaning of The Consumer Protection (Distance Selling) Regulations 2000 then we will invite you to continue with the purchase under the terms of our business to business purchase contract.
11. Your contact information:
When you buy online you will be asked to give a valid contact E-mail address which we can use to communicate with you. You are responsible for the accuracy of the details you give and must promptly inform us in writing (by E-mail) if your contact address changes. It is your responsibility to give us a new contact E-mail address should your E-mail address become unusable for any reason.
12. Our obligation to contact you:
Any legal or reasonable obligation on us to contact you is restricted under these terms and conditions exclusively to contact through E-mail, by sending to the E-mail address you supply when you make your order, or failing this to a subsequent E-mail address that you supply to us in writing (by E-mail). Our obligation to contact you will in each instance be fulfilled when we send the E-mail. We will however re-send to the same E-mail address another E-mail if we receive electronically a notice that our E-mail has not been delivered. We will not be held liable by you or any third party for any loss or damages suffered, direct or indirect, due to you failing to receive an E-mail sent by us, when this is due to technological failure over which we have no control or could have no control, save that your statutory consumer rights shall still apply.
13. Dispatch:
If we send your order directly from stocks at Amarilli Books we will use Royal Mail or another courier of our choice. We may alternatively use a third party fulfilment service, or both methods. This does not affect your statutory rights or rights under these terms and conditions.
We aim to fulfil your order within the delivery time specified on our dispatch page. This will vary depending on where you are. Please note that sometimes there may be additional delay beyond our control, when a book you have ordered is sent to you directly from our printers, or from a third party fulfilment service.
If you wish to purchase from us by sending a cheque, we will only be obliged to dispatch the order when the cheque is cleared, but will do so promptly. However, we may, at our sole discretion, dispatch the order before this.
14. Non delivery / late delivery:
If you are concerned that your order may have gone astray you may contact us by E-mail to tell us your concern. In addition to the following provisions for non-delivery we may at our sole discretion then re-send your order in whole or in part or refund the payment made, at any time following your raising of this concern. The following provisions for non-delivery shall in any case apply.
If you order a book from Amarilli Books but do not receive it within 21 days of the date the payment for it was cleared, you are obliged under this agreement to inform us of this in writing (by E-mail) within a further 7 days. If you have not received the book within 30 days of the date it was dispatched we will refund your money if you request this. Whilst we may at our sole discretion agree with you to dispatch another copy of the book to you as an alternative to refunding your money, we reserve the right not to do so.
15. Failure to supply:
In the event that we fail to supply goods our liability shall be limited wholly and exclusively to refunding in full the legitimate and legal payments made with the intention of purchasing the goods that we have failed to supply to you.
16. Limitation of liability:
In the event of non delivery or late delivery of goods or any dispute or claim against us any liability of ours shall be limited wholly and exclusively to refunding the purchase price paid for goods or where applicable re-sending goods in accordance with these terms and conditions, and we shall not in any case be liable for any loss or damages, direct or indirect, to you or any third party, beyond our obligations under The Consumer Protection (Distance Selling) Regulations 2000 (UK) and any other UK statutory obligations in force, arising from the supply of, or failure to supply any goods.
17. Site hacking; breaking; price alteration; fraud, etc. :
Any book you buy direct from us you agree to buy at its full retail price recorded in ISBN data and advertised on this site, unless the book is explicitly offered for sale on our site as "reduced" or "discount" or "special offer". We reserve the right not to dispatch any books for which we have received zero payment or for which we have received incorrect payment not matching the recorded retail price.
We will not be held liable in any way by you or any third party for any loss or adverse consequences arising from the "hacking" or "breaking" of this web site, or from the alteration of any of its advertised prices or the alteration of its contents or operations, made by you, or any third party through illegal means, or in any case when not authorised in writing by us.
We have the right under these terms and conditions to contact you and request further information from you for the purpose of screening for fraud.
We reserve the right to reasonable time to make further checks for the purposes of fraud screening before dispatching any order.
18. Disclaimer:
Whilst every effort is made to ensure that material on this web site is accurate, we accept no responsibility beyond our statutory obligations for any reliance placed by you or any third party on the accuracy of any information appearing on the web site. Except for our statutory obligations we will not be held liable by you for any loss or damages suffered by you or any third party, arising out of or in connection with, the use of this site in any way, whether these are direct or indirect.
We are not responsible for the content, reliability or effects of any kind, of any other web site to which this web site may contain hyperlinks. Any such hyperlinks are included in good faith merely as suggested sites.
In accordance with (9) above 'Amarilli Books' right to cancel', and subject to our obligation to refund any payment for an order that we do not fulfil, the advertising of any book on our web site does not imply availability of that book or any obligation on us to supply that book.
19. Interpretation:
In these terms and conditions 'working day' means every day of a UK calendar year apart from weekends and public holidays. The words 'us' and 'we' and 'our' means Amarilli Books and the legal partners of Cauldron Arts.
The words 'you' and 'your' means the person or persons ordering goods under these terms and conditions.
These terms and conditions are © Amarilli Books, 2007
