AuthorCraft Terms of Service – on the web
Put simply: respect others, respect the law, and enjoy yourself!
AuthorCraft provides a collection of content, resources, tools, and technologies that enable users to enjoy the sport of memory and its surrounding culture (the ÔÇ£ServiceÔÇØ). You understand and agree that the Service is provided ÔÇ£AS-ISÔÇØ and that AuthorCraft does not assume any liability for personal information stored through our Service. You accept that the Service may include advertisements. AuthorCraft reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the AuthorCraft shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Terms of Business
- Every author will be provided with an Author Agreement which will set out the specific requirements of their project in the form of a Schedule of Services with all costs identified. This document will initially be supplied electronically. It is the responsibility of the author to print and sign this, and return two copies by post to the publisher to be countersigned.
- If this is not received, by proceeding with the project, or after a period of two weeks, it will be assumed that the author has agreed to the terms in the Author Agreement.
- The author may terminate the author agreement without penalty prior to the start of scheduled works. After this point, the author may still terminate this agreement but will be charged pro rata for any works which have been done. No penalty charge shall be made.
- After publication of the work, the author agreement can be terminated by either party giving six monthsÔÇÖ notice in writing of their intention.
- The agreed schedule of payments will be incorporated in the Author Agreement. The project is deemed to have started once the initial payment has been made.
- The publisher may recommend the services of third party providers, such as editors, ghostwriters, proofreaders, photographers or others. Such providers shall enter into agreements directly with the author and these will be subject to their own terms of business. The publisher cannot be held responsible for any non-delivery on the part of third party providers.
- The cost of licences for the use of library images are not included in the schedule of costs and are charged separately.
- Where video shooting services are provided to the author, the cost of hiring premises for the filming, or for travel outside the M25, is not included in the schedule and will be charged separately.
- The cost of printing book stock for the authorÔÇÖs own distribution is subject to the final specification of the book. Once this is known, a quotation for printing can be obtained. Books will be supplied to the author on the basis of ÔÇÿactual print cost + 10% of the cover price of each copyÔÇÖ as a contribution to overhead and of managing the supply chain. As a rule of thumb, the cost of book printing is usually around 20% of the cover price.
- Warehousing for book stock and dispatch costs are not included in the schedule of costs and will be charged at cost.
- Fulfilment services, where the publisher posts out books on behalf of the author, are supplied on the basis of ÔÇÿactual postage + ┬ú1 per packageÔÇÖ to contribute to the cost of packaging and labour.
- Currently the cost of producing and printing books is zero rated for VAT purposes Other services may be subject to VAT. The cost of retailing eBooks is subject to VAT at the prevailing rate.
- Filament Publishing Ltd will issue ISBNs as required for each edition of the title and ensure that full entries are added to the book trade databases. Only ISBNs issued by Filament Publishing Ltd may be used as they are publisher specific.
- Upon completion of the print ready files, it will be the responsibility of the author to accept these as ready for publication. The publisher will use their best endeavours to avoid any errors but will not be held liable for any that are found after the project has been signed off. Any such errors will be corrected in future printings
The author retains ownership of all the rights to their work.
- The author licences Filament Publishing Ltd to act as the publisher of the work and to manage such rights on their behalf as may be required to carry out this role.
- The author confirms that the entire work is original and does not contain material that might require permission to be included or a licence to use.
- The author confirms that no material in the book could be considered as libellous or defamatory and will indemnify the publisher should this turn out not to be so.
- The author confirms that they are the copyright holder and that no rights have already been assigned to other organisations or individuals.
- The author asserts the right to be identified as such as defined by the Designs and Copyrights Act of 1988 and this information shall be shown on the imprint page of the book along with the copyright symbol beside the authorÔÇÖs name and the date of publication.
The author will provide the manuscript in electronic form, preferably as a Microsoft Word document.
- The manuscript will have been fully edited and professionally proofread prior to submission to the publisher. All editing and proofreading costs are the responsibility of the author.
- After the manuscript has been typeset, the publisher will carry out a further light proofread to check for layout issues. The publisher will make good any such layout issues at their expense.
- Any subsequent editorial changes to the original manuscript requested by the author may be subject to additional costs.
- All necessary photographs, illustrations and graphics shall be supplied separately to the manuscript as JPEG images at a minimum of 300dpi, and be ready to use.
- Payment of all third party licences for library images or other reproduction rights are the responsibility of the author.
Distribution and royalties
In addition to acting as publisher, Filament Publishing Ltd will also act as distributor for the book and manage the supply chain using such other third party distribution and retail partners as may be required to make the title available in the marketplaces selected by the author.
- The publisher undertakes to actively promote the title to the book trade both before and after publication and to distribute it worldwide, and through Amazon to international markets.
- The title shall be carried in Filament book catalogues, on their website and shopping cart, and in their regular marketing communications.
- All net book income is shared equally between the author and publisher
- Book royalties are deemed to be inclusive of VAT if applicable
- In the event that monies for services provided to the author are outstanding, these will be deducted from royalties due to be paid, until the authorÔÇÖs account is clear.
- Royalties are paid directly in to the authorÔÇÖs own bank account on a four month cycle and are independently audited by our accountants, Marden & Co. Author royalty statements are uploaded to the authorÔÇÖs private area on the Author Project Management System.
Website and online facilities
Filament Publishing Ltd provide online tools for our authors via our Author Project Management System. This system is provided by a third party supplier.
- We recommend that authors always keep a backup of any data or information they choose to upload onto the system as we cannot be held responsible for any damages resulting from a loss of data in the event of a system crash.
- Access to each author project, and the data it contains, is restricted to only those people that the author chooses to include onto the system. It is password protected and cannot be accessed by anyone else.
- We take your privacy very seriously and will never share your information with anyone without your expressed permission. We hate spam as well!
- We treat any information you share with us in full commercial confidence
If things go wrong
If there is an issue with any aspect of our service, we need to know quickly so that something can be done to rectify the matter. Our out of hours number is 07802 211587. We believe that it is not what happens that matters, only what is done about it. We take our responsibilities very seriously and fully understand and respect the needs of our authors.┬á The email firstname.lastname@example.org is monitored at regular intervals both in and out of office hours.
About Filament Publishing Ltd
Filament Publishing Ltd is a Limited Company registered in England and founded in 1999. The company number is 3715385.┬á The registered offices are 14, Croydon Road, Waddon, Croydon, Surrey, CR0 4PA. The VAT number is GB905904231. The managing director is Mr Christopher Day.
Our author agreements and terms of business are governed in accordance with the laws of the United Kingdom.
Changes to our Terms of Business
These terms and conditions are subject to change. Filament Publishing Ltd reserves the right to modify these Terms of Service at any time. We do so by posting and drawing attention to the updated terms on our website. Your decision to visit our site and make use of our services after such changes have been made constitutes your formal acceptance of the new Terms of Service.
Therefore, we ask that you check and review this Agreement for such changes on an occasional basis. Should you not agree to any provision of this Agreement or any changes we make to this Agreement, we ask that you contact us immediately.
If you have any questions about our terms of business, please feel free to contact us at
email@example.com or by calling 0208 688 2598
This document was updated on 20th March 2015 and remains valid until a further update is issued.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if AuthorCraft has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AuthorCraft has the right to suspend or terminate your account and refuse any and all current or future use of the Service. AuthorCraft is concerned about the safety and privacy of all its users, particularly children. For this reason, parents or guardians of children under the age of 13 who wish to allow their children access to the Service must create an account that is maintained by a legal guardian of at least 18 years old and monitor the child’s usage. By allowing a child access to your account, you also give your child permission to access all areas of the Service. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas and/or Content are appropriate for your child.
While many portions of the Service do not require registration, you may register as a user of AuthorCraft to enjoy greater access or privileges. If you choose to register you will receive a username and password upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify AuthorCraft of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. AuthorCraft cannot and will not be liable for any loss or damage arising from your failure to protect your account.
You acknowledge, consent and agree that AuthorCraft may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of AuthorCraft, its users and the public.
You acknowledge that AuthorCraft may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on AuthorCraftÔÇÖs servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that AuthorCraft has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that AuthorCraft reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that AuthorCraft reserves the right to modify these general practices and limits from time to time.
You agree that AuthorCraft may, under certain circumstances and without prior notice, immediately terminate your AuthorCraft account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) non-payment of any fees owed by you in connection with the Services. Termination of your AuthorCraft account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in the AuthorCraftÔÇÖs sole discretion and that AuthorCraft shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; threaten or harm minors in any way; “stalk” or otherwise harass another; impersonate any person or entity, including, but not limited to, a AuthorCraft representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law; and/or
collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your AuthorCraft username), use of the Service, or access to the Service. You agree that your AuthorCraft account is non-transferable.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not AuthorCraft, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. AuthorCraft does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may unintentionally be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will AuthorCraft be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You acknowledge that AuthorCraft may or may not pre-screen Content, but that AuthorCraft and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, AuthorCraft and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by AuthorCraft or submitted to AuthorCraft, including without limitation information in the AuthorCraft forums and in all other parts of the Service.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by AuthorCraft and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
AuthorCraft does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant AuthorCraft the following worldwide, royalty-free and non-exclusive license: that any Content you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
You agree to indemnify and hold AuthorCraft and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
Dealings With Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that AuthorCraft shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because AuthorCraft has no control over such sites and resources, you acknowledge and agree that AuthorCraft is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that AuthorCraft shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by AuthorCraft or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
AuthorCraft grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by AuthorCraft for use in accessing the Service.
All the AuthorCraft trademarks and service marks and other logos and product and service names are trademarks of AuthorCraft Publishing Ltd. Without the AuthorCrafts prior permission, you agree not to display or use these trademarks in any manner.
The Terms of Service constitutes the entire agreement between you and AuthorCraft and governs your use of the Service, superseding any prior agreements between you and AuthorCraft with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other AuthorCraft services, affiliate services, third-party content or third-party software. The TOS and the relationship between you and AuthorCraft shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions. You and AuthorCraft agree to submit to the personal and exclusive jurisdiction of the courts located within the United Kingdom. The failure of AuthorCraft exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
AuthorCraft provides its service to you subject to the following terms and conditions (the “Terms of Service”). AuthorCraft may also offer other services that are governed separately by their own Terms of Service.
STANDARD TERMS AND CONDITIONS FOR THE SALE OF GOODS
1. Application of Conditions
1.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with any quotation or offer of the Seller which is accepted by the Buyer, or any order of the Buyer which is accepted by the Seller.
1.2 These Conditions shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.
2.1 In these Conditions:-
“Business Day” means any day other than a Saturday, Sunday or bank holiday;
“the Buyer” means the person who accepts a quotation or offer of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller;
“Calendar Day” means any day of the year;
“the Contract” means the contract for the purchase and sale of the Goods under these conditions;
“these” means the standard terms and conditions of sale set out in
“Conditions” this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller;
“the Delivery” means the date on which the Goods are to be delivered as
“Date” stipulated in the Buyer’s order and accepted by the Seller;
“the Goods” means the goods (including any installment of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions;
“month” means a calendar month;
“the Seller” means the AuthorCraft organisation.
“writing” includes any communications effected by telex, facsimile transmission, electronic mail or any comparable means.
2.2 Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.
2.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
3. Basis of Sale
3.1 The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
3.2 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Seller.
3.3 Sales literature, price lists and other documents issued by the Seller in relation to the Goods are subject to alteration without notice and do not constitute offers to sell the Goods which are capable of acceptance. An order placed by the Buyer may not be withdrawn cancelled or altered prior to acceptance by the Seller and no contract for the sale of the Goods shall be binding on the Seller unless the Seller has issued a quotation which is expressed to be an offer to sell the goods or has accepted an order placed by the Buyer by whichever is the earlier of:-
3.3.1 the Seller’s written acceptance;
3.3.2 delivery of the Goods; or
3.3.3 the Seller’s invoice.
3.4 Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
4. Orders and Specifications
4.1 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in writing by the Seller’s authorised representative.
4.2 The specification for the Goods shall be those set out in the Seller’s sales documentation unless varied expressly in the Buyer’s order (if accepted by the Seller). The Goods will only be supplied in the minimum units (or multiples) stated in the Seller’s price list or in multiples of the sales outer as specified. Orders received for quantities other than these will be adjusted accordingly, illustrations, photographs or descriptions whether in catalogues, brochures, price lists or other documents issued by the Seller are intended as a guide only and shall not be binding on the Seller.
4.3 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.
4.4 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller on the terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.
5.1 The price of the Goods shall be the price listed on our website www.AuthorCraft.co.uk current at the date of acceptance of the Buyer’s order or such other price as may be agreed in writing by the Seller and the Buyer.
5.2 Where the Seller has quoted a price for the Goods other than in accordance with the Seller’s published price list the price quoted shall be valid for 30 days only or such lesser time as the Seller may specify.
5.3 The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
5.4 Except as otherwise stated under the terms of any quotation or in any price list of the Seller, and unless otherwise agreed in writing between the Buyer and the Seller, all prices are exclusive of the Seller’s charges for packaging and transport.
5.5 The price is exclusive of any applicable value added tax excise, sales or taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority in respect of the Goods, which the Buyer shall be additionally liable to pay to the Seller.
6.1 Subject to any special terms agreed in writing between the Buyer and the Seller, the Seller shall invoice the Buyer for the price of the Goods on or at any time after delivery of the Goods, unless the Goods are to be collected by the Buyer or the Buyer wrongfully fails to take delivery of the Goods, in which event the Seller shall be entitled to invoice the Buyer for the price at any time after the Seller has notified the Buyer that the Goods are ready for collection or (as the case may be) the Seller has tendered delivery of the Goods.
6.2 The Buyer shall pay the price of the Goods (less any discount or credit allowed by the Seller, but without any other deduction credit or set off) within 30 days of the date of the Seller’s invoice or otherwise in accordance with such credit term as may have been agreed in writing between the Buyer and the Seller in respect of the Contract. Payment shall be made on the due date notwithstanding that delivery may not have taken place and/or that the property in the Goods has not passed to the Buyer. The time for the payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
6.3 All payments shall be made to the Seller in Pounds Sterling at its office as indicated on the form of acceptance or invoice issued by the Seller.
7.1 Delivery of the Goods shall be made by the Seller delivering the Goods to the place in the United Kingdom specified in the Buyer’s order and/or the Seller’s acceptance as the location to which the Goods are to be delivered by the Seller or, if no place of delivery is so specified, by the Buyer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Buyer that the Goods are ready for collection.
7.2 The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the Delivery Date upon giving reasonable notice to the Buyer.
7.3 Where the Goods are to be delivered in installments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the installments in accordance with these Conditions or any claim by the Buyer in respect of any one or more installments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
7.4 If the Buyer fails to take delivery of the Goods or any part of them on the Delivery Date and/or fails to provide any instructions, documents, licences, consents or authorisations required to enable the Goods to be delivered on that date, the Seller shall be entitled upon given written notice to the Buyer to store or arrange for the storage of the Goods and then notwithstanding the provision of Condition 10.1 of these Conditions risk in the Goods shall pass to the Buyer, delivery shall be deemed to have taken place and the Buyer shall pay to the Seller all costs and expenses including storage and insurance charges arising from such failure.
8. Risk and Retention of Title
8.1 Risk of damage to or loss of the Goods shall pass to the Buyer at:
8.1.1 in the case of Goods to be delivered at the Seller’s premises, the time when the Seller notifies the Buyer that the Goods are available for collection; or
8.1.2 in the case of Goods to be delivered otherwise than at the Seller’s premises, the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
8.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, legal and beneficial title of the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods.
8.3 [Sub-clause 8.2 notwithstanding, legal and beneficial title of the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and any other goods supplied by the Seller and the Buyer has repaid all moneys owed to the Seller, regardless of how such indebtedness arose.]
8.4 Until payment has been made to the Seller in accordance with these Conditions and title in the Goods has passed to the Buyer, the Buyer shall be in possession of the Goods as bailee for the Seller and the Buyer shall store the Goods separately and in an appropriate environment, shall ensure that they are identifiable as being supplied by the Seller and shall insure the Goods against all reasonable risks.
8.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the Seller, but if the Buyer does so all money owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
8.6 The Seller reserves the right to repossess any Goods in which the Seller retains title without notice. In the event of repossession the Buyer shall deliver up to the Seller all Goods in which title has not passed, the cost of which shall be born by the Buyer.
8.7 The BuyerÔÇÖs right to possession of the Goods in which the Seller maintains legal and beneficial title shall terminate if;
8.7.1 The Buyer commits or permits any material breach of his obligations under these Conditions;
8.7.2 The Buyer is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors.
9.1 The Seller may assign the Contract or any part of it to any person, firm or company.
9.2 The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Seller.
10. Right to Return the Goods and to Receive a Refund
10.1 If the Buyer is not satisfied with any Goods purchased from the Seller, the Buyer may cancel the Contract and return the Goods to the Seller and obtain a refund of the price of the returned Goods, provided:-
10.1.1 The Buyer informs the Seller of the decision to cancel the Contract within 7 Calendar Days of delivery of the Goods; and
10.1.2 The Goods are returned in their original condition; and
10.1.3 The Goods are returned in accordance with condition 10.3 below.
10.2 While the Goods remain in the SellerÔÇÖs possession the Seller is under a duty to ensure that the Goods are kept safe and secure.
10.3 The following transportation charges will apply:-
10.3.1 If the total purchase price of the returned Goods is less than ┬ú10 the charge payable by the Buyer for the return is ┬ú2.
10.3.2 If the total purchase price of the returned Goods is more than ┬ú10 the charge payable by the Buyer for the return is ┬ú3.
10.4 Where the Goods are custom made to the order of the Buyer, the Buyer shall not be entitled to return the Goods and receive a refund unless the Goods are faulty. The statutory rights of the Buyer are unaffected.
The Seller provides no additional guarantees.
12. Confidentiality, Publications and Endorsements
12.1 The Buyer undertakes to the Seller that:-
12.1.1 the Buyer will regard as confidential the contract and all information obtained by the Buyer relating to the business and/or products of the Seller and will not use or disclose to any third party such information without the Seller’s prior written consent provided that this undertaking shall not apply to information which is in the public domain other than by reason of the Buyer’s default;
12.1.2 the Buyer will not use or authorise or permit any other person to use any name, trademark, house mark, emblem or symbol which the Seller is licensed to use or which is owned by the Seller upon any premises note paper visiting cards advertisement or other printed matter or in any other manner whatsoever unless such use shall have been previously authorised in writing by the Seller and (where appropriate) its Licensor;
12.1.3 the Buyer will use all reasonable endeavours to ensure compliance with this Condition by its employees, servants and agents.
12.2 This Condition shall survive the termination of the Contract.
13.1 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax or sent by electronic mail: firstname.lastname@example.org. Address: AuthorCraft, 16 Croydon Road, Waddon, Croydon, Aurrey CR0 4PA
13.1.1 (in case of communications to the Seller) to its registered office or such changed address as shall be notified to the Buyer by the Seller; or
13.1.2 (in the case of the communications to the Buyer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Buyer set out in any document which forms part of the Contract or such other address as shall be notified to the Seller by the Buyer.
13.2 Communications shall be deemed to have been received:
13.2.1 if sent by pre-paid first class post, two Business Days after posting (exclusive of the day of posting); or
13.2.2 if delivered by hand, on the day of delivery; or
13.2.3 if sent by fax or electronic mail on a Business Day prior to 4.00 pm, at the time of transmission and otherwise on the next Business Day.
13.3 Communications addressed to the Seller shall be marked for the attention of the AuthorCraft admin Department.
14. Force Majeure
14.1 In the event that either party is prevented from fulfilling its obligations under this Agreement by reason of any supervening event beyond its control including but not limited to war, national emergency, flood, earthquake, strike or lockout (subject to Sub-clause 14.2) the party shall not be deemed to be in breach of its obligations under this Agreement. The party shall immediately give notice of this to the other party and must take all reasonable steps to resume performance of its obligations.
14.2 Sub-clause 14.1 shall not apply with respect to strikes and lockouts where such action has been induced by the party so incapacitated.
14.3 Each party shall be liable to pay to the other damages for any breach of this Agreement and all expenses and costs incurred by that party in enforcing its rights under this Agreement.
14.4 If and when the period of such incapacity exceeds 6 months then this Agreement shall automatically terminate unless the parties first agree otherwise in writing.
No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
17. Third Party Rights
A person who is not a party to the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.
18. Consumer Rights
The provisions of these Terms and Conditions are in addition to and do not affect the BuyerÔÇÖs statutory rights as a consumer.
19. Governing Law and Jurisdiction
The Contract shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English and Welsh courts.
20. Security of Data
Whilst every reasonable effort shall be made to protect electronic data supplied to us by our clients, we cannot be held responsible for the consequences of a data loss caused by mechanical breakdown or other circumstances outwith our control. We strongly recommend that clients keep a copy themselves of any electronic data supplied to us to minimise any disruption that might otherwise be caused.