‘We’, ‘us’, ‘our’, means Westbourne Publishers Limited. ‘You’, ‘your’ means the person using the Website under these Terms. ‘Working days’ means all days other than Saturdays, Sundays, and UK Public Holidays.
- Changes to the Website
You acknowledge and accept that we may from time to time alter any aspect of this website, or any of the services or products provided through the website, as we think fit and without notice to you.
2.1. You acknowledge and accept that computer and telecommunication systems are not fault-free and may from time to time require periods of downtime (being periods during which the website is not available to you) for the purposes of repair, maintenance and upgrading or otherwise.
2.2. We do not guarantee uninterrupted availability of the website, but shall make reasonable efforts to minimise any periods during which the website is not available. You accept that you will have no claim for breach of contract or otherwise in respect of any such period of unavailability.
- Hypertext Links
3.1. The website may incorporate links to other websites of third parties. Such links are provided for your convenience only, and their provision does not constitute an authorisation by us to you to access such third party websites, nor an endorsement of the content of such third party sites by us.
3.2. You acknowledge and accept that we are not, and will not be held responsible for any damages, loss, costs or expenses arising from the use of such third party websites or products or services available through such third party websites.
We take your online privacy seriously. However, although we use appropriate encrypted security software on our website, the security of information transmitted via the Internet cannot be guaranteed. Any losses incurred or sustained by you as a result of transmitting information by means of email or other internet link will be borne solely and exclusively by you.
- Additional Rules
This website may contain various bulletin boards, competitions and other features that are each governed by additional rules. Please read those rules, posted or linked at each feature before participating in them, as they form part of these Terms to which you agree through your continued use of this site.
- Your Conduct
6.1. You must use the website for lawful purposes only.
6.2. You must not send for display on the website any material that is unlawful including but not limited to material which is defamatory, obscene, indecent, menacing, in breach of privacy or confidence, infringes copyright or trademark rights.
6.3. You must not send material containing software viruses or otherwise use the website in any way that interrupts access to it.
- Prohibited Content Policy
8.1. It is a condition of use of this Website that you will not post any Prohibited Content on any bulletin board and/or forum as set out below. You will not:
8.1.1. publish falsehoods or misrepresentations that could damage us or any third party;
8.1.2. submit content or provide links to websites that are unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, gender, racially or ethnically offensive, or encourage such conduct that would be considered a criminal offence, give rise to breach of contract, break any law, or are otherwise inappropriate;
8.1.3. post or encourage an illegal or unauthorised copy of work protected by a third party’s copyright, including but not limited to providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
8.1.4. submit material that is otherwise subject to third party rights unless you have the relevant permission to use such material and publish it on the Website;
8.1.5. impersonate another person;
8.1.6. post advertisements or solicitations of business; or
8.1.7. solicit personal information from anyone.
8.2. Any content which includes any of the content set out at clause 8.1. is Prohibited Content. We may, in our absolute discretion, deem any other Content not listed in clause 8.1. to be Prohibited Content.
8.3. We reserve the right to investigate and take appropriate action against anyone who, in our opinion, is in breach of this agreement, and in particular, provides Prohibited Content. Such action includes, but is not limited to, reporting the Prohibited Content and your details to the appropriate law enforcement agencies and removing the Prohibited Content from our Website.
8.4. We reserve the right to terminate your access to our Website, if you are, in our absolute discretion, deemed to be a repeat infringer.
8.5. If you believe that any posting or review displayed on our Website contains Prohibited Content, please notify us immediately by contacting us at email@example.com. We will consider your notification and if we consider it to be appropriate we will take all reasonable steps to remove the Prohibited Content complained about within a reasonable time.
- Intellectual Property Rights
9.1. This site contains material that is owned or licensed by Westbourne Publishers Limited. You may not copy, reproduce, upload, post, distribute, republish, retransmit, or modify in any way any of the material on this site, including computer code and software.
9.2. All brand names, product names and titles used in this website are trade names, and in some instances trademarks, of their respective holders. No permission is given in respect of use of any of the above, and such use may constitute an infringement of the holders’ rights.
9.3. By posting messages, sending emails, inputting data answering questions uploading data or files or otherwise communicating with us through this website (a ‘Communication’), you are granting us a perpetual, non-exclusive, royalty free, unrestricted worldwide license to use, display, sublicense, adapt, create derivative works from, transmit and copy such Communication and you waive your right to be identified as the author of such content and your right to object to derogatory treatment of it. The foregoing grant shall include the right to exploit any proprietary rights in such Communication, including but not limited to rights under trademark, copyright, service mark or patent laws in any relevant jurisdiction in any media.
- Limitations of Liability
10.1. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or any other liability which cannot be excluded on a point of law.
10.2. Further to clause 2, we are providing this website on an ‘As is, As Available’ basis to users. You use this website at your own risk.
10.3. Subject to 7.1. above, we will not be liable to you for any loss or damage in circumstances where or to the extent that:
10.3.1. neither we nor our employees or agents are in breach of a legal duty owed to you;
10.3.2. such loss or damage is not a reasonably foreseeable result of any such breach; or
10.3.3. any increase in loss or damage results from a breach by you of any term of this contract.
10.4. Except as expressly provided in these Terms and save for fraudulent misrepresentation, all conditions, representations and warranties (express or implied, statutory or otherwise) are excluded to the extent permitted by law including without limitation any implied warranties or conditions as to quality, fitness for purpose and reasonable skill and care.
10.5. Under no circumstances, including negligence, shall we or any affiliated company or individual be held liable for any direct, indirect, incidental, special or consequential damage (including, without limitation whether for loss of profit, loss of business, lost data, viruses that may infect your computer, depletion of goodwill or otherwise), costs, expenses or other claims for economic loss (howsoever caused) which arise out of or in connection with the Contract or your use of this website generally.
10.6. We further do not warrant that the website or the products and materials contained on such site are error free, or that errors will be corrected, or that this site or the server from which it is run is free of viruses or other potentially harmful codes.
You agree to defend, indemnify and hold us and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of these Terms by you or your authorised users, or in connection with the use of the website or the Internet or the placement or transmission of any message or information on this website by you or your authorised users.
12.1. Our failure to insist upon the strict performance of any of your obligations under the Terms will not be construed as a waiver and will not affect our rights to require strict performance of such obligations.
12.2. If any provision of the Terms or part thereof is found to be invalid or unenforceable, the invalidity or unenforceability of such provision or part will not affect any other provision or the remainder of the provision in which such invalid or unenforceable part is contained, which will remain in full force and effect.
12.3. All notices will be in writing and may be served by either party on the other by first class, recorded pre-paid post or by registered email with confirmed receipt of delivery. The address for service, in the case of a notice from you to us, is specified at the bottom of this page and, in the case of a notice from us to you, will be the address stated on your order.
12.4. Nothing in these Terms which form the agreement between you and us will give nor is intended to give rights to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
12.5. These terms and conditions will be governed by and construed in accordance with English law and the parties will submit to exclusive jurisdiction of the English courts.
12.6. Neither we nor our affiliates make any representation that materials on this website are appropriate or available for use in locations outside the United Kingdom, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws.
13.1. In order to purchase goods from this website, you need to register your details with us. On registration, you must provide us with accurate and complete registration information and it is your responsibility to inform us of any changes to that information (to your email address in particular) by updating your details in the My Account section.
13.2. On first registration you will choose a username and password (ID). None of our employees or agents will ever ask you for this password. Do not disclose this password to anyone under any circumstances whatsoever.
13.3. You are responsible for all use of your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information you must notify us immediately by contacting us at firstname.lastname@example.org.
13.4. Your registration does not in itself entitle you to purchase Goods from us and we are not obliged to accept any or all orders that you place with us.
- Formation of Contract
14.1. All orders for Goods are offers by you to purchase and accepted only when you receive a confirmation email from us to the effect that your order has been processed and your Goods have been dispatched. This will form a contract, which incorporates these terms and conditions, between you and us (Contract).
14.2. Where the use of the Goods is stated to be subject to any instructions or warnings, they are supplied on the condition that such instructions or warnings will be strictly adhered to.
15.1. All prices for the Goods are inclusive of taxes but exclusive of delivery charges.
15.2. The price of an item is the price on the day of your order. We try to ensure that all prices on display on this website are accurate but the price on your order will need to be validated by us prior to processing your order. Where an item’s correct price is higher than the price stated on your order we will contact you to let you know the correct price and give you the opportunity of reconfirming your order or cancelling before we dispatch the Goods.
15.3. All Goods are subject to availability. Where stock has run out or Goods cannot for some reason be dispatched, we will contact you by email to inform you of this and give you a likely delivery date within 14 days. If it is not possible to deliver within 30 days, we will not accept that part of your order. Where these Goods are part of a larger order, we will process and dispatch the available Goods to you in the normal manner in accordance with these Sales Terms.
16.1. Payment authorisation must be provided by you on the date that you place an order for Goods.
16.2. Payment must be made by credit/debit card or via Paypal. We accept payment by Visa, MasterCard, Switch, Maestro and Delta. Payment will be debited from your account before despatch of the Goods to you.
16.3. Upon receiving your order we will carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds in order to fulfil the transaction. No payment is debited from your card during this pre-authorisation check.
16.4. On some occasions, we are required by the card issuer to perform additional security checks on the payment card, which can delay the order until the card has been authorised.
16.5. You confirm that the credit/debit card that is being used is yours.
16.6. All product prices and delivery charges are shown in UK pounds sterling. Your payment card company will perform any currency conversion, if necessary.
17.1. There may be a charge for delivery.
17.2. There may be a territorial restriction on our ability to deliver and we will inform you accordingly.
17.3. When ordering Goods for delivery overseas you may be subject to import duties and taxes, which are levied once the Goods reach the specified destination. Any additional charges for customs clearance must be borne by you. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
17.4. When ordering from us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the Goods. You are responsible for notifying your local customs office of your purchase. Please be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
17.5. All delivery times are estimates only and, while we will endeavour to avoid delay, we will not be liable to you for any loss or damage arising from delay in delivery.
17.6. If we are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. Please note that orders are not shipped or delivered at weekends or during UK public holidays.
17.7. We may deliver the Goods by instalments. Delivery charges will be those set out at the time you placed your order.
17.8. If we are unable to perform the whole or part of the Contract due to any cause or event beyond our reasonable control we may, at our option, by notice in writing to you, cancel or suspend the Contract in whole or in part without liability and without prejudice to our rights to receive payment of the price for all Goods previously delivered.
17.9. If you receive the wrong goods, you must contact us within 28 calendar days and confirm to us what has happened.
17.10. Westbourne Publishers Limited are not liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier to file a claim. Please save all packaging materials and damaged goods before filing a claim.
17.11 Customers are liable for any EU import charges incurred during shipping.
18.1. The Goods are at your risk from the time of delivery.
18.2. Ownership of the Goods does not pass to you until we have received in full (cash or cleared funds) all sums due in respect of:
18.2.1. the Goods; and
18.2.2. all other sums which are or become due to us from you on any account.
- Cancellation Policy
Westbourne Publishers Limited operates according to the Consumer Rights Act 2015 and
The Consumer Contracts Regulations 2013. All purchases may be cancelled and a full refund issued with 14 days of the date of your order. If separate packages are sent out for one order that was placed at the same time, the 14 days begins on the date when the final part of the order was delivered. In the instance that the goods are returned, the cost of postage and packaging is the responsibility of the customer. In the instance that the customer wishes to return goods after more than 14 days has elapsed, please note it may only be possible to offer exchange or part-refund on your purchases.
We take your online privacy seriously. However, although we use appropriate encrypted security software on our website, the security of any payments transmitted and processed via the Internet cannot be guaranteed. Any losses incurred or sustained by you as a result of transmitting information by means of e-mail or other internet link will be borne solely and exclusively by you.
- Limitations of Liability
21.1. Nothing in these Sales Terms excludes or limits our liability for death or personal injury caused by our negligence or any other liability which cannot be excluded on a point of law.
21.2. Subject to 21.1. above, we will not be liable to you for any loss or damage in circumstances where or to the extent that:
21.2.1. neither we nor our employees or agents are in breach of a legal duty owed to you;
21.2.2. such loss or damage is not a reasonably foreseeable result of any such breach; or
21.2.3. any increase in loss or damage results from a breach by you of any term of this contract.
21.3. Except as expressly provided in these Terms and save for fraudulent misrepresentation, all conditions, representations and warranties (express or implied, statutory or otherwise) are excluded to the extent permitted by law including without limitation any implied warranties or conditions as to quality, fitness for purpose and reasonable skill and care.
21.4. Under no circumstances, including negligence, shall we or any affiliated company or individual be held liable for any direct, indirect, incidental, special or consequential damage (including, without limitation whether for loss of profit, loss of business, lost data, viruses that may infect your computer, depletion of goodwill or otherwise), costs, expenses or other claims for economic loss (howsoever caused) which arise out of or in connection with the Contract or your use of this website generally.
21.5. We further do not warrant that the website or the products and materials contained on such site are error free, or that errors will be corrected, or that this site or the server from which it is run is free of viruses or other potentially harmful codes.
21.6. Our employees and agents are not authorised to make any representations or give any warranty concerning the Goods unless these are confirmed in writing by us. In entering into the Contract you acknowledge that you do not rely on and waive any claim for any breach of any representation or warranty which is not so confirmed.
22.1. From time to time Westbourne Publishers Limited may make special offers available to you. These are available for limited periods only.
22.2. Our failure to insist upon the strict performance of any of your obligations under the Sales Terms will not be construed as a waiver and will not affect our rights to require strict performance of such obligations.
22.3. If any provision of the Terms or part thereof is found to be invalid or unenforceable, the invalidity or unenforceability of such provision or part will not affect any other provision or the remainder of the provision in which such invalid or unenforceable part is contained, which will remain in full force and effect.
- Contact Us
For service of legal notices our details are as follows:Westbourne Publishers Limited
26 Westbourne Grove
London W2 5RH
Or by email to email@example.com