Terms and conditions of sale
1 DEFINITIONS
1.1 “Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller 1.2 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977 1.3 “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions 1.4 “Goods” means the articles that the Buyer agrees to buy from the Seller; 1.5 “Seller” means Goldsboro Books Limited registered at 23-25 Cecil Court London WC2N 4EZ that owns and operates www.goldsborobooks.com 1.6 “Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller 1.7 “Website” means www.goldsborobooks.com
2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer. 2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer. 2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions. 2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. 2.5 Any complaints should be addressed to the Seller’s address stated in clause 1.5.
3 ORDERING
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason. A completed order does not mean an accepted order by the Seller. When books are dispatched, the Seller agrees the order. 3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days. 3.3 By placing an order on www.goldsborobooks.com or directly from our premises you agree to receive emails from Goldsboro Books Limited and you can opt out at any time. 3.4. We reserve the right to change our listed prices at any time without further notice. If you are a member of a subscription, please note that your discount only applies whilst you remain a member. If you cancel your membership, your discount immediately ceases. 3.5 Payment for all orders will be taken upfront at checkout. This includes in-stock products and products with a publication date in the future. When you pay at checkout you agree for full payment of the order to be taken upfront with the knowledge that the item may not ship out until the delivery date specified in the product listing. The seller will notify the buyer of any unforeseen delays to delivery as soon as possible. The buyer can cancel at any time up to dispatch for a full refund.
3a PREMIER MEMBERSHIP
3a.1 By joining the PREMIER MEMBERSHIP, you agree to commit to a minimum of 12 months of the subscription. After this, the membership will continue automatically on your payment date unless you cancel. 3a.2 If this is required any earlier than the expected 12-month period, you must contact the Premier team to alert them. 3a.3 As a member, you will receive 15% off purchases on all books in the months you are a member and early access to exclusive editions. 3a.4 You can opt-out four times per subscription year from the initial purchase. Your subscription year starts in the month you joined the membership. 3a.5 Opting out of a monthly book should be done before your billing date. It cannot be actioned retrospectively after payment has been taken. 3a.6 If your opt-outs exceed the yearly subscription limit, a member of the Premier team will be in touch to either resume the payment for the extra month skipped or cancel your subscription if requested. 3a.7 Payments will be processed each month on the date the subscription is activated. 3a.8 If a payment is declined, three more attempts will be made to take payment. 3a.9 If the payment is still declined after multiple attempts, Goldsboro will pause and manually resume the subscription. A member of the Premier team will be in touch to notify you of the update. 3a.10 Memberships will be reviewed periodically and may be cancelled if the conditions are not satisfied. This includes but is not limited to lack of payment, exceeding number of yearly opt-outs, or responses to any communications regarding your membership. 3a.11 Any queries or additional support requests should be directed to premier@goldsborobooks.com.
3b GSFF MEMBERSHIP
3b.1 By joining the GSFF MEMBERSHIP, you agree to commit to a minimum of 12 months of the subscription. After this, the membership will continue automatically on your payment date unless you cancel. 3b.2 If this is required any earlier than the expected 12-month period, you must contact the GSFF team to alert them of the situation. 3b.3 As a member, you will receive 15% off purchases on all books in the months you are a member and early access to exclusive editions. 3b.4 You can opt-out four times per subscription year from the initial purchase. Your subscription year starts in the month you joined the membership. 3b.5 Opting out of a monthly book should be done before your billing date. It cannot be actioned retrospectively after payment has been taken. 3b.6 If your opt-outs exceed the yearly subscription limit, a member of the GSFF team will be in touch to either resume the payment for the extra month skipped or cancel your subscription if requested. 3b.7 Payments will be processed each month on the date the subscription is activated. 3b.8 If a payment is declined, three more attempts will be made to take payment. 3b.9 If the payment is still declined after multiple attempts, Goldsboro will pause and manually resume the subscription. A member of the GSFF team will be in touch to notify you of the update. 3b.10 Memberships will be reviewed periodically and may be cancelled if the conditions are not satisfied. This includes but is not limited to lack of payment, exceeding number of yearly opt-outs, or responses to any communications regarding your membership. 3b.11 Any queries or additional support requests should be directed to gsff@goldsborobooks.com.
4 PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the Website. The price is exclusive of VAT. The price excludes delivery charges. 4.2 The total purchase price, including delivery charges, will be displayed in the Buyer’s shopping cart prior to confirming the order. 4.3 After the order is received the Seller shall confirm by email the details of your order, description, and price for the Goods. 4.4 Payment for all orders will be taken upfront at checkout. This includes in-stock products and products with a publication date in the future. By proceeding through checkout, the seller is agreeing to have payment taken upfront with the knowledge that products may not ship out until the delivery date specified in the product listing. The seller will notify the buyer of any unforeseen delays to delivery as soon as possible. The buyer can cancel at any time up to dispatch for a full refund.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order. In the event that the publisher increases or decreases the cover price of a title we will automatically increase or decrease your order price. 5.2 The Seller reserves the right to withdraw any goods from the Website at any time. 5.3. The Seller reserves the right to change specifications of limited editions due to production issues should they arise without issuing notification. 5.4 The Seller reserves the right to limit sales of books to one copy per order. 5.5 Images for special editions on the website are digitally constructed by the publisher and may differ from the final product. The final product may occasionally differ due to discrepancies caused by the production process.
6 AGE OF CONSENT N/A
7 WARRANTY
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability, or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
8 DELIVERY
8.1 Goods supplied within the UK will be dispatched within 3-5 working days (it may take slightly longer during busy periods) by 1st class tracked signed for service and will normally be delivered within 2 – 3 working days of acceptance of order. 8.2 Goods supplied outside the UK will be dispatched within 5-7 working days of acceptance of order (it may take slightly longer during busy periods) and will normally be delivered within 5-7 working days (it may take longer due to random customs check). 8.3 If you purchase a number of titles that are released in the future with varying publication dates, we will send them separately and P&P will be charged accordingly to reflect the additional shipping cost. Time is of the essence in the Seller's performance of its obligations. We will dispatch orders by date of availability and will not be able to collate orders to dispatch together in order to achieve faster delivery times. 8.4 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund. 8.5 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date. 8.6 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. The Buyer must promptly inform the Seller if and when a delivery address needs to be updated before a subscription renewal or availability of pre-orders. If the Buyer receives an order confirmation email which has an incorrect shipping address, the Seller must be contacted and informed within 48 hours to update. 8.7 Various items will be dispatched from different locations. Items from the same order may be delivered separately. 8.8 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods. 8.9 If your delivery method is 'Collect from store', books will need to be collected within 3 weeks. If they are not collected in good time, they will be shipped to you, and shipping costs will be charged to your card. If these shipping costs cannot be collected, your order will be refunded in full and the order cancelled.
9 CANCELLATION AND RETURN
9.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller email: enquiries@goldsborobooks.com within 7 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods. 9.2 Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective. 9.3 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller email: enquiries@goldsborobooks.com within 7 working days of receipt of the Goods. 9.4 Goods must be returned by the Buyer and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any, and return postal charges) within 30 days of cancellation. However, if the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer. 9.5 Goods to be returned must clearly show the order number obtained from the Seller on the package. 9.6 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
10 FLAWS AND DAMAGES
Whilst we pride ourselves in supplying collectable books in the highest quality, there may be instances where our high standards cannot be met due to the production process. What is considered a flawed or damaged book will be assessed based on the general quality of a title we have received. Production flaws may include but are not limited to imperfect sprayed edges, minimal creasing, wrinkles or dents to the book or dust jacket, small stains, discolouration, light scratches, removable residue, blemished edges, bleeding onto pages, wavy pages. If there is an issue with the book you have received, please provide photographic evidence so that we can assess it and provide a solution.
11 REQUESTED NUMBERS
Where specific numbers are requested for numbered books, we will endeavour to fulfil them as often as possible. Specific numbers cannot always be guaranteed due to a number of factors including but not limited to identical requests, flaws, damages and limitation number. Number requests must be added to your order using the order notes box at checkout. We cannot accept number requests after your order has been confirmed, either by email or telephone.
12 EARLY ACCESS/ BOOKS BOUGHT SECONDHAND
We will grant you access to purchase sequels if you have bought other books by that author or the previous book(s) in the series directly from us. Owning any previous books in the series does not guarantee you an order for any sequel book(s) – this is subject to availability, order confirmation, and whilst stocks last. We will not accept requests for transfer of ownership for books and/or requested numbers which have been bought on the second-hand market. You may request access to sequels at the point when we have offered the sequel book(s) to previous buyers but procuring books via the second-hand market does not guarantee you direct access, a secure order, and is subject to availability.
13 LIMITATION OF LIABILITY
Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
14 WAIVER
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
15 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, pandemic, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
16 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
17 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
18 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
