Terms and Conditions
Hello and welcome to Bang on Books. We will do our best to ensure we fulfil your order in a satisfactory and timely manner.
Throughout the site, the terms “we”, “us” and “our” refer to Bang on Books. Bang on Books offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read our Terms and Conditions of Sale carefully before using our site and ordering. These terms govern the contents and use of the website www.bangonbooks.co.uk and set out the terms and conditions on which we supply the products available on the website. By using the Site and/or ordering our products you signify that you have read, understand and agree to be bound by these General Terms and Conditions.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Use of the Webstore
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our services in any improper or unlawful manner or in breach of any legislation or license that applies to you. You agree to comply with all reasonable instructions that we may give you from time to time regarding use of the web store.
Upon placing your order, you acknowledge that we may review your order, and the Content it contains, for adherence to our guidelines and compliance with these Terms and Conditions and that We may refuse to process an order where we believe that the Content is in breach of these Terms and Conditions and our guidelines.
Standard and General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Information Accuracy, Completeness and Timeliness
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Pricing and Payment
We may change the price of any Product before you place an order.
Despite Our best efforts, some of the Products listed on the Site may be incorrectly priced or the price may increase between your order and Our acceptance of Your order. We will normally verify prices as part of the dispatch procedures so that, where a Product’s correct price is less than the stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on the Site, We will normally, at our discretion, either contact you for instructions or reject your order and notify you of such rejection so that you can then re-order at the correct price if you wish.
For orders shipped within the EU, prices are inclusive of VAT and all other applicable taxes and/or import duties. Applicable taxes and import duties are based on the final value of your order and the prevailing rates in force in the relevant tax jurisdiction.
Orders with a delivery address outside the EU may be subject to import duties and taxes (including VAT) which are levied once a delivery reaches your destination country. Any such additional charges as well as costs for customs clearance etc. must be borne by you as the importer of the goods. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for further information.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
You undertake that all of the details which you provide to Us for the purposes of your Order and its delivery will be correct and that the chosen method of payment is Your property and that sufficient funds or credit facilities are available to cover the full cost of the Order.
Orders and Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We will make reasonable efforts to deliver goods within the time specified, but we do not accept liability for any failure to deliver within that time.
We endeavour to display and describe as accurately as possible the printed colours on the Products which appear on Our Site, but We cannot undertake to give any assurance that the colours supplied will exactly match those displayed on your monitor or mobile telephone.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Feedback and Comments
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Data Protection and Privacy
We will only use any personal information that we may collect about you in accordance with our Privacy Policy. This policy forms an essential part of these Terms and Conditions and it is important that you read it. By accepting these Terms and Conditions you also accept and consent to our Privacy Policy.
Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Nothing in these Terms and Conditions shall exclude or limit our liability for: death or personal injury caused by our negligence; or any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or any liability which cannot be excluded or limited under applicable law.
You expressly agree that your use of and browsing of the Site and the use of Site Content are at your own risk
Subject to the above, you agree that we shall not be liable for: (a) any direct loss, claim or damage; (b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind that are not directly associated with the incident that caused your claim; or (c) any loss of profit or loss of savings or loss or corruption of data (in each case whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this Site or the Site Content; (ii) these Terms and Conditions (iii) the Products (iv) any failure or delay in the use of any component of the Site, the Site Content or any service including, without limitation, any unavailability of the Site, the Site Content or the services irrespective of the duration of any period of unavailability; (v) any use of or reliance upon any Site Content or any other information, material, software, products, services and related graphics obtained through the Site, in all cases even if we have been forewarned of the possibility of such loss or damage.
We shall not be liable for any loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under these Terms and Conditions by reason of any event or circumstance outside Our reasonable control, including, but not limited to, any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
Laws applicable in your country of residence may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect your computer equipment or any other property when using or browsing the Site. The downloading or other acquisition of any Site Content through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such Site Content.
Indemnity
You agree to indemnify, defend and hold harmless Bang on Books and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
We may remove the Site or cease the provision of any of the services available through the Site at any time in our sole discretion for any reason whatsoever.
We may terminate your access to the Site for any reason in our sole discretion at any time with or without notice.
Governing Law
This agreement shall be made under the laws of England and subject to the jurisdiction of the courts of England and Wales.
Rights of Cancellation, Returns and Refunds
Risk or damage or loss of Your Order will pass to You upon delivery to the agreed address. Notwithstanding delivery and passing of the risk in the Order, property in the Order will not pass from Us to You until We have received full payment of the Price and all other sums which are due, owing or payable by the You to Us in respect of the Order or any other Order between You and Us.
Returns, refunds and rights of cancellation
You shall have the right to cancel an Order only in the following circumstances:
(a) If We have failed to deliver the Order within 40 days after the date you placed the Order;
(b) In the case of Faulty Products at the earliest opportunity after you have discovered that the fault or defect (provided that You shall be deemed to have inspected the Product as soon as reasonably practicable after delivery and in no case longer than 14 days after receiving the product).
If an Order is cancelled under the conditions in (a) or (b) above, We shall be responsible for all sums paid (including initial and re-delivery charges (if any) in respect of the Order in question.
Notice of wish to cancel must be made by email to hello@bangonbooks.co.uk
For the avoidance of doubt, save in respect of Faulty or defective Products, nothing in these Terms and Conditions shall give you rights of cancellation in regard to the Products, which, by their nature, have been made to your specification or clearly personalized.
You must return any Product to Us in its original packaging (which You should retain for this purpose).
Nothing in this clause affects your statutory rights.