Terms and Conditions of Website Use

 
Things you should know before using or accessing this website.

This website is owned and operated by Watkins Publishing Ltd, registered in England and Wales under company number 8096994.  Our main trading address is Midland House, West Way, Botley, Oxford OX2 0PH, UK.  We can also be contacted by email at enquiries@watkinspublishing.com. Our VAT number is 138 3046 23.

By accessing or using this site, you agree to the terms set out in this Terms of Use agreement (Terms) and any other documents referred to in it. These Terms may be changed at any time by us. If we make any changes to these we will include a notice on the Home Page and you should then check the changes. You accept that you will have no claim for breach of contract or otherwise in respect of any such alteration. Your continued access to and use of this website will mean that you agree to be bound by the most current version of the Terms. These Terms apply to all contracts between you and us. You agree that you have read and understood these Terms. These Terms were last updated on 5th December 2011.

Interpretation

“We”, “us”, “our”, means Watkins Publishing Ltd. “You”, “your” means the person using the Website under these Terms. “Working days” means all days other than Saturdays, Sundays, and Public Holidays.

1. 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. We do not guarantee the availability of the website at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

2. Linking to our site

2.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

2.2 You must not establish a link from any website that is not owned by you.

2.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

3. Links from our site

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.

4. Security

4.1 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.

4.4 Unless a member of our staff has been fraudulent or negligent, we will not be liable to you for any losses you may suffer as a result of unauthorised access by a third party to the information (including in particular credit/debit card details) you transmit when you place an order. It is your responsibility to ensure the security of your own credit/debit card details to avoid unauthorised use

5. Additional rules

This website contains various blogs, competitions and forums that may be 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.

6. Your conduct

6.1 You must use the website for lawful purposes only and in accordance with the Prohibited Content Policy (clause 8).

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.

6.4 You agree not to delete, modify or alter any material posted by any other users or entity not related to them.

6.5 In respect to the security of the Site, you are prohibited from violating or attempting to violate the security of the Site, including without limitation:

6.5.1 Accessing or attempting to access data not intended for your use or logging or attempting to log on to a server or another User’s account (which the Users are not authorized to access);

6.5.2 Attempting to probe, scan or test the vulnerability of a system or network or to breach the security or authentication measures of the Site without authorization;

6.5.3 Attempting to interfere with the service of any other Users, hosts or networks, including without limitation, submitting a virus to the Site, overloading, flooding, spamming, mail bombing or crashing or such other acts, which are intended to disrupt the functionality of the Site.

7. Privacy

We will only use the details supplied by you in accordance with our Privacy Policy.

8. Prohibited Content Policy

8.1 It is a condition of use of this Website that you will not post any Prohibited Content on any blog 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, 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 programmes 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.

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 enquiries@dbp.co.uk. 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.

8.7 You will indemnify us for any breach of this condition.

9. Intellectual property rights

9.1 This site contains material that is owned or licensed by Watkins Publishing Ltd. Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.  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 trade marks, 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 licence 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.

10. Transactions concluded through our site

Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our terms and conditions of supply.

11. Limitations of liability

11.1 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.

11.2 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.

11.3 Subject to 9.1 above, we will not be liable to you for any loss or damage in circumstances where or to the extent that:

11.3.1 neither we nor our employees or agents are in breach of a legal duty owed to you;

11.3.2 such loss or damage is not a reasonably foreseeable result of any such breach; or

11.3.3 any increase in loss or damage results from a breach by you of any term of this contract.

11.4 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.

11.5 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.

11.6 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.

11.7 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

12. Indemnity

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.

13. Termination

This agreement may be terminated by us at any time without notice. In this event of termination, you are no longer authorised to have access to the site. All limitations on our liability and on your use of our material shall survive.

14. General

14.1 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.

14.2 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.

14.3 All notices will be in writing and maybe served by either party on the other by hand or by first class pre-paid post. The address for service, in the case of a notice from you to us, is specified at the top of this contract and, in the case of a notice from us to you, will be the address stated on your order or any other such address that is made available to us.

14.4 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.

14.5 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 although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

14.6 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.

14.7 A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or rely upon any provision of them.

14.8 These Terms, along with any additional rules or conditions referred to herein and the Privacy Policy constitute the entire agreements and understanding between you and us as to your use of this website superseding all prior or contemporaneous communications and/or proposals.

Terms and Conditions of Sale

Things you should know before placing an order.

This website is owned and operated by Watkins Publishing Ltd, registered in England and Wales under company number 8096994.  Our main trading address is Midland House, West Way, Botley, Oxford OX2 0PH, UK.  We can also be contacted by email at enquiries@dbp.co.uk. Our VAT number is 918 498 574.

This website is owned and operated by Watkins Publishing Ltd. By placing an order for Goods, you agree to the terms set out in the Sales Terms (Sales Terms) and any other documents referred to in it. These Sale Terms may be changed at any time by us. If we make any changes to these we will include a notice on the Home Page and you should then check the changes. You accept that you will have no claim for breach of contract or otherwise in respect of any such alteration. Placing orders for Goods on this website will mean that you agree to be bound by the most current version of the Sales Terms.  These Sales Terms apply to all contracts between you and us. These Sales Terms were last updated on 5 December 2012.

Interpretation

“We, “us”, “our”, means Watkins Publishing Ltd. “You”, “your” means the person ordering products under these Sales Terms. “Working days” means all days other than Saturdays, Sundays, and Public Holidays. “Goods” means the good or goods you have ordered from us.

1. Your status

1.1 By placing an order through our site, you warrant that you are;

1.1.1 legally capable of entering into binding contracts; and

1.1.2 a consumer.  We only accept orders from consumers. You may not buy goods from us through our website if you are ordering goods for or on behalf of any business.

2. Formation of contract

2.1 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).

2.2 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.

2.3 The contract between you and us is binding on you and us and on our respective successors and assigns.

2.4 You many not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

2.5 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

3. Prices

3.1 All prices for the Goods are inclusive of taxes but exclusive of delivery charges.

3.2 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.

3.3 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 for within 14 days. If it is not possible to deliver within 14 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.

4. Payment

4.1 Payment authorisation must be provided by you on the date that you place an order for Goods.

4.2 Payment must be made by credit/debit card. We accept payment by Visa, MasterCard, Switch, Maestro and Delta, through the Paypal payment portal. Payment will be debited from your account before despatch of the Goods to you.

4.3 All product prices and delivery charges are shown in UK pounds sterling. Your payment card company will perform any currency conversion, if necessary.

5. Right to refuse orders

5.1 We reserve the right not to accept or process your order for any reason.

5.2 We reserve the right not to fulfill and to cancel orders:

5.2.1 in the event of obvious inaccuracies in prices, except that we may fulfill your order at the correct price; or

5.2.2 if we are unable to obtain payment authorisation from the issuer of your payment card.

5.3 All orders are subject to validation checks and authorisation by your payment card issuer. If we do not accept your order and your credit/debit card has already been debited, we will notify you and refund your card in full immediately.

6. Cancellation and return of goods

6.1 You may cancel your order before delivery or within 14 calendar days after the date of delivery if the delivery address is in the United Kingdom or Republic of Ireland or within 28 calendar days after the date of delivery if the delivery address is outside the United Kingdom or Republic of Ireland.  Please cancel by using the order enquiry form in the My Accounts section.

6.2. We will credit your payment card with the cost of the unwanted Goods and our delivery charges within 30 days of the date of your cancellation.

6.3. Please return the unwanted Goods with the original packaging within 30 days of cancellation. You are required to take reasonable care of the goods while in your possession.

6.4. Returned Goods will be delivered to us at your cost, unless the Goods are defective or damaged or if we have delivered them to you in error. We will be entitled to deduct the cost of recovering the Goods if you fail to return them following cancellation.

6.5. If Goods are defective or damaged, please contact us via email on enquiries@dbp.co.uk. We reserve the right to check if items are damaged or defective before agreeing to reimbursement and ask for proof of damage or defect. We will refund you the cost of damaged or defective goods, our delivery charges and your reasonable return charges.

6.6. Refunds will be credited to your payment card and will not be paid in cash.

This returns policy does not affect your statutory rights.

7. Privacy

7.1 We will only use the details supplied by you in accordance with our Privacy Policy.

7.2 All parties to the Contract agree to abide by our Privacy Policy.

7.3 We use the personal and transactional information (e.g. name, address, e-mail address, credit card details) you supply to us in order to fulfill your order.  On the online order form we will ask you about receiving details of our products and services and/or those of third parties which may be of interest to you. You should tick the relevant boxes to indicate whether or not you wish to receive such information

8. Delivery

8.1 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.

8.2 We may deliver the Goods by installments. Delivery charges will be those set out at the time you placed your order.

8.3 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.

8.4 If you receive the wrong goods or Goods are damaged in transit, you must contact us within 28 calendar days and confirm to us what has happened. Please refer to the terms and conditions of our Cancellation and Returns policy.

8.5 We will deliver the books to the address you notify to us when you place your order. We will dispatch your books within 5 working days – however, delivery times vary according to destination. You agree that we will not be responsible for failure to deliver the book if you have supplied us with an incorrect address. We reserve the right to dispose of incorrectly addressed parcels and their contents without an obligation to refund you or any other person if they are returned to us and despite efforts to contact you we do not receive correct address details.

8.6 We will not be liable to you for any delay in delivery or non-delivery of books in the following circumstances :

8.6.1 where the issuer of your payment card refuses to authorise payment to us;

8.6.2 where such delay or failure is due to circumstances beyond our control or the control of our sub–contractors and agents, including but not restricted to war, electricity power failure, utilities failure, failure of telecommunications links, failure of transport infrastructure, fire, flood, government act, act of God, legislative constraints, strikes, labour disputes or malicious damage involving employees.

9. Orders to and from other countries

9.1 There may be a territorial restriction on our ability to deliver and we will inform you accordingly.

9.2 The provisions of clauses 6.2 to 6.6 above apply also to overseas sales.

9.3 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.

9.4 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.

9.5 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.

10. Risk/Title

10.1 The Goods are at your risk from the time of delivery.

10.2 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:

10.2.1 the Goods; and

10.2.2 all other sums which are or become due to the us from you on any account.

11. Security

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.

12. Limitations of liability

12.1 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.

12.2 Subject to 10.1 above, we will not be liable to you for any loss or damage in circumstances where or to the extent that:

12.2.1 neither we nor our employees or agents are in breach of a legal duty owed to you;

12.2.2 such loss or damage is not a reasonably foreseeable result of any such breach; or

12.2.3 any increase in loss or damage results from a breach by you of any term of this contract.

12.3 Except as expressly provided in these Sales 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.

12.4 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.

12.5 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.

12.6 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.

12.7 Our liability to you in the event of books being lost in despatch shall at our discretion, be limited either to replacement of the missing issues or refund of the cost of the missing issues.

13. Indemnity

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 Sales 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.

14. General

14.1 From time to time we may make special offers available to you. These are available for limited periods only.

14.2 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.

14.3 If any provision of the Sales 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.

14.4 All notices will be in writing and maybe served by either party on the other by hand or by first class pre paid post. 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.

14.5 Nothing in these Sales 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.

14.6 This website may provide links to the web sites and services of third parties.  Such links are provided for your convenience only, and their provision does not constitute or imply control of or an endorsement of the content of such third party web sites by us. You acknowledge that the use of such third party web sites is governed by the terms and conditions of use as applicable to such websites.

14.7 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.

14.8 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.

14.9 These Sales Terms, along with any other documents referred to herein constitute the entire agreement and understanding between you and us and supersede all prior or contemporaneous communications and/or proposals.

14.9 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.  A waiver by us of any default shall not constitute a waiver of any subsequent default.  No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

15. Contact us

For full details of how to contact us please visit our ‘Contact Us’ page