Terms & conditions
This website is operated by AwesomeBooks (referred to as "AwesomeBooks/we/our/us"),
a trading name of WRAP Ltd., Unit 4, 119 Loverock Rd, Reading, Berks. RG301 1DZ, company number 380060).
As a user of this website (referred to as "you/your") you acknowledge
that any use of this website including any transactions you make ("use/using")
is subject to our terms and conditions below (which includes any other important
hyper-linked sections e.g. Return Policy,
Privacy Policy, Use of Cookies,
Security. In addition, you will find other useful information within
our FAQ’s section.
Please:
- read through these terms and conditions carefully before using this website.
- print a copy for future reference.
- also read our privacy policy section regarding your personal information.
1. General
1.1 We reserve the right to change these terms and conditions at any time. Any such
changes will take effect when posted on the website (see date at the top) and it
is your responsibility to read the terms and conditions on each occasion you use
this website and your continued use of the website shall signify your acceptance
to be bound by the latest terms and conditions.
1.2 If you are not a consumer, you confirm that you have authority to bind any business
on whose behalf you use this website
1.3 When you use certain AwesomeBooks’ services please read the additional information
provided with regards to such services as this information will provide you with
full details on how to use such services and the specific policies and procedures
which may apply to that service.
1.4 Certain website services will require registration and subsequent access to
those services will be subject to an approved login name and password ("Password
Details"). Information that you provide on this website must be accurate and
complete. All Passwords Details are accepted and may be withdrawn at our sole discretion
and are exclusive to you and non-transferable and must be treated as strictly confidential
at all times. In the event that you have any concerns regarding your Password Details
or become aware of any misuse then you must inform us immediately. You may contact
us using the contact us page or write to us using
the address below.
1.5 Certain video games and DVDs are the subject of a legally prescribed age restriction,
determined by the British Board of Film Classification. The classifications are
12, 15, and 18. The classification reflects the content of the video game or DVD
(violence, language, sex, drug abuse etc). You are therefore required to confirm
that you are over 18. We carry out further checks to verify your age with a registered
credit reference agency and, if we are unable to verify you are over 18, we will
cancel your order.
2. Order process
2.1 All orders that you place on this website will be subject to acceptance in accordance
with our terms and conditions.
2.2 The 'confirmation' stage sets out the final details of your order. Following
this, we will send to you an order acknowledgement email detailing the products
you have ordered. Please note that this email is not an order confirmation
or order acceptance from AwesomeBooks.
2.3 Acceptance of your order and the completion of the contract between you and
us will take place on dispatch to you of the products ordered unless we have notified
you that we do not accept your order or you have cancelled it.
2.4 We do not file details of your order for you to subsequently access direct on
this website, and therefore, please print out these terms and conditions and the
order acknowledgement for your own records. If you wish to obtain specific details
of your previous orders please contact us.
3. Delivery
3.1 This website is only for delivery of products to customers in those destinations
detailed on our Shipping Details page. All goods requiring
a signature must be signed for by an adult aged 18 or over.
3.2 Delivery charges and estimated timescales are specified on our
Shipping Details page and also when you place an order. We make every effort
to deliver goods within the estimated timescales, however delays are occasionally
inevitable due to unforeseen factors. AwesomeBooks shall be under no liability for
any delay or failure to deliver the products within estimated timescales and nor
will we be liable to pay any compensation for goods delivered beyond the predicted
time.
3.3 Risk of loss and damage of products passes to you on the date when the products
are delivered or on the date of first attempted delivery by us.
4. Payment
4.1 We take payment from your card or PayPal account at the time we receive your
order, once we have checked your card or PayPal details and stock availability.
Goods are subject to availability. In the event that we are unable to supply the
goods, we will inform you of this as soon as possible. A full refund will be given
where you have already paid for the goods. Additional Terms and Conditions for payments
made by PayPal can be found at www.paypal.co.uk.
(Awesomebooks.com is not responsible for the content of external websites)
4.2 To ensure that your credit, debit, charge card or PayPal account is not being
used without your consent, we will validate name, address and other personal information
supplied by you during the order process against appropriate third party databases.
By accepting these terms and conditions you consent to such checks being made. In
performing these checks personal information provided by you may be disclosed to
a registered Credit Reference Agency which may keep a record of that information.
You can rest assured that this is done only to confirm your identity, that a credit
check is not performed and that your credit rating will be unaffected. All information
provided by you will be treated securely and strictly in accordance with the Data
Protection Act 1998.
4.3 The price you pay is the price displayed on this website at the time we receive
your order apart from the following two exceptions:
a) Non-GBP prices are displayed on our website based on the latest published exchange
rates. Though we always try to honour the price displayed, should any material change
in exchange rates occur between the time of purchasing and the time of dispatch
(material as determined by the sole discretion of AwesomeBooks), we reserve the
rate to charge you any additional amount (subject to your prior consent) or cancel
the sale outright and refund you in full.
b) While we try and ensure that all prices on our website are accurate, errors may
occur. If we discover an error in the price of goods you have ordered we will inform
you as soon as possible and give you the option of reconfirming your order at the
correct price or cancelling it. If we are unable to contact you we will treat the
order as cancelled. If you cancel and you have already paid for the goods, you will
receive a full refund.
4.4 Payment can be made by any method specified in Payment Methods page. For information
about secure online ordering see Security.
4.5 Title to any products you order on this website shall pass to you on delivery
of the products provided that we have processed and received payment in full for
the products.
4.6 All prices include VAT (where applicable) at the applicable current rates but
exclude delivery charges, unless expressly stated otherwise (see
Shipping Details for further details including Express delivery charges).
5. Returns, Cancellations and Substitutions
5.1 We offer a 30-day money back guarantee, please refer to
Return Policy. Some products are excluded from the Guarantee and are clearly
marked next to the product name. In the unlikely event that you receive faulty or
damaged goods, please refer to our Return Policy section.
Note that any items which are sealed or boxed/packaged (e.g. box sets or DVD’s)
when delivered are only valid for refund so long as the seal/packaging remains intact
when the item is returned for a refund. Once the seal has been broken or torn, the
product is no longer refundable and not covered under our 30-day money back guarantee.
Such items are normally photographed before leaving our warehouses and as such,
photographic evidence may also be produced at our discretion to prove a seal was
broken or torn after delivery.
5.2 Sometimes the product specifications from the manufacturer may change, in which
case we will do our best to offer you a similar alternative. We may experience problems
with the supply of certain products and may therefore supply a substitute of the
same or better quality at the same price. If you are not happy with the replacement
or substitute you can return it in accordance with our 30-day money back guarantee.
Where applicable, you may cancel your order in accordance with your rights under
the Distance Selling Regulations (see the Return Policy
page for further details)
5.3 All sizes and measurements are approximate but we do try to make sure that they
are as accurate as possible.
6. Intellectual Property
6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual
property rights in all materials and/or content made available as part of your use
of this website shall remain at all times vested in us or our licensors. You are
permitted to use this material only as expressly authorised by us or our licensors.
Such permission will always be given in writing.
6.2 You acknowledge and agree that the material and content contained within this
website is made available for your personal non-commercial use only and that you
may only download such material and content for the purpose of using this website.
You further acknowledge that any other use of the material and content of this website
is strictly prohibited and you agree not to (and agree not to assist or facilitate
any third party to) copy, reproduce, transmit, publish, display, distribute, commercially
exploit or create derivative works of such material and content.
7. Liability and Indemnity
7.1 Nothing in these terms and conditions excludes or limits liability for death
or personal injury caused by negligence, fraudulent misrepresentation, or any other
liability which may not otherwise be limited or excluded under applicable law.
7.2 Subject to Section 7.1 above, AwesomeBooks will use reasonable endeavours to
verify the accuracy of any information on the site but makes no representation or
warranty of any kind express or implied statutory or otherwise regarding the contents
or availability of the site or that it will be timely or error-free, that defects
will be corrected, or that the site or the server that makes it available are free
of viruses or bugs or represents the full functionality, accuracy, reliability of
the website AwesomeBooks will not be responsible or liable to you for any loss of
content or material uploaded or transmitted through the website and AwesomeBooks
accepts no liability of any kind for any loss or damage from action taken or taken
in reliance on material or information contained on the site.
7.3 Subject to Section 7.1 above, other than as expressly provided in these terms
and conditions with respect to specific products and except for the exclusive remedies
set out at Section 5 above, any indemnities, warranties, terms and conditions (whether
express or implied) are hereby excluded to the fullest extent permitted under applicable
law.
7.4 Subject to Section 7.1 above, AwesomeBooks will not be liable, in contract,
tort (including, without limitation, negligence), pre-contract or other representations
(other than fraudulent on negligent misrepresentations) or otherwise out of or in
connection with the terms and conditions for any:
- economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
- loss of goodwill or reputation; or
- special or indirect losses
- suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
7.5 Notwithstanding the above, subject to Section 7.1 AwesomeBooks' aggregate liability
(whether in contract, tort or otherwise) for loss or damage shall in any event be
limited to a sum equal to the amount paid or payable by you for the product(s) in
respect of one incident or series of incidents attributable to the same clause.
7.6 This clause 7 does not affect your statutory rights as a consumer, nor does
it affect your contract cancellation rights.
7.7 We will take all reasonable precautions to keep the details of your order and
payment secure, but, unless we are negligent, we cannot be held liable for any losses
caused as a result of unauthorised access to information provided by you.
8. Miscellaneous Provisions
8.1 The contract between us shall be governed by the laws of England and any dispute
between us will be resolved exclusively in the courts of England. English is the
only language offered for the conclusion of the contract.
8.2 We have selected our products on the basis that they will be used for domestic
use only, if you are planning to use them for business purposes please make sure
that you are covered by the appropriate insurance. Where you decide to use the products
in the course of a business, we exclude (to the fullest extend permitted by law)
those warranties and conditions relating to fitness for a particular purpose. Our
maximum liability to business users arising out of or in connection with the products
shall be limited to the replacement value of the product in question (except in
the case of death or personal injury caused by our negligence or in respect of fraud).
In relation to business users, we do not accept liability for the fitness of goods
for business purposes, nor do we accept liability for loss of use of the item nor
any loss over and above the cost of the item in the event of a claim for breach
of warranty or condition.
8.3 AwesomeBooks shall be under no liability for any delay or failure to deliver
products or otherwise perform any obligation as specified in these terms and conditions
if the same is wholly or partly caused whether directly or indirectly by circumstances
beyond its reasonable control.
8.4 To provide increased value to our customers, we may provide links to other websites
or resources for you to access at your sole discretion. You acknowledge and agree
that, as you have chosen to enter the linked website we are not responsible for
the availability of such external sites or resources, and do not review or endorse
and are not responsible or liable, directly or indirectly, for (i) the privacy practices
of such websites, (ii) the content of such websites, including (without limitation)
any advertising, content, products, goods or other materials or services on or available
from such websites or resources or (iii) the use to which others make of these websites
or resources, nor for any damage, loss or offence caused or alleged to be caused
by, or in connection with, the use of or reliance on any such advertising, content,
products, goods or other materials or services available on such external websites
or resources.
8.5 You may not assign or sub-contract any of your rights or obligations under these
terms and conditions or any related order for products to any third party unless
agreed upon in writing by AwesomeBooks.
8.6 AwesomeBooks reserves the right to transfer, assign, novate or sub-contract
the benefit of the whole or part of any of its rights or obligations under these
terms and conditions or any related contract to any third party.
8.7 If any portion of these terms and conditions is held by any competent authority
to be invalid or unenforceable in whole or in part, the validity or enforceability
of the other sections of these terms and conditions shall not be affected.
8.8 These terms and conditions do not create or confer any rights or benefits enforceable
by any person that is not a party (within the meaning of the U.K. Contracts (Rights
of Third Parties) Act 1999) except:
a) AwesomeBooks shall have the right to enforce any rights or benefits under these
terms and conditions;
b) AwesomeBooks shall have the right to enforce and take the benefit of the rights
or benefits of any limitation or exclusion or limitation of liability in these terms
and conditions;
c) a person who is a permitted successor or assignee under Section 8.8 above of
the rights or benefits of these terms and conditions may enforce such rights or
benefits.
d) No consent from the persons referred to in Section 8.9 is required for the parties
to vary or rescind these terms and conditions (whether or not in any way that varies
or extinguishes rights or benefits in favour of such third parties).
8.9 No delay or failure by AwesomeBooks to exercise any powers, rights or remedies
under these terms and conditions will operate as a waiver of them nor will any single
or partial exercise of any such powers, rights or remedies preclude any other or
further exercise of them. Any waiver to be effective must be in writing and signed
by an authorised representative of AwesomeBooks.
8.10 These terms and conditions including the documents or other sources referred
to in these terms and conditions supersede all prior representations understandings
and agreements between you and AwesomeBooks relating to the use of this website
(including the order of products) and sets forth the entire agreement and understanding
between you and AwesomeBooks for your use of this website.
Should you have any queries or complaints about AwesomeBooks, please feel free to
contact us at the following address:
AwesomeBooks
Customer services
PO BOX 318
OX10 1DW
We recommend you print out a copy of these terms and conditions for future reference.
If you have any questions regarding the AwesomeBooks website, please see the
contact us section for more information and full contact details.
