Terms and Conditions

1. RETURNING BOOKS
If you receive a book and it is damaged or imperfect, please contact us. We will then sort it out from there. It's better if you contact us first because we can arrange for damaged or imperfect books to be returned to us in a way which doesn't incur any further costs for you. We do check books before we send them out, and our printers normally do an excellent job, but in the days of mechanised book production, there are inevitably "blips" which can very occasionally result in imperfect books.

2. PRICING
All the prices shown on our web site and in our catalogue are in sterling (UK pounds). Obviously for overseas customers, exchange rates go up and down (though we freely admit we do not know why this should be so) and this can result in minor differences in price when you translate into your own currency from time to time. If you use the email form on this site, we can then email you straight back with an accurate cost as of that day, to enable you to progress the sale.

3. AVAILABILITY
Obviously it's in our interest to make sure that the information on this web site is as up to date as we can make it, but in the most perfect of worlds, to use the words of Rabbie Burns, things "gang oft agley" and if something does go wrong with the availability of a book, we will keep you informed and make any necessary adjustments to your order, at your request. Unfortunately, we can't be liable for everything that goes wrong, specifically for any loss or damage sustained by the customer or any third party resulting from any fault in any of the books we supply, though we try to put it right: for instance, no one could have foreseen that the courier van carrying 500 copies of DAD'S EXPLODING UNDERPANTS to the wholesaler would burst into flames and carbonate the stock ... but we replaced them!

4. TRADE TERMS & TRADE RETURNS
Individual trade terms are negotiated shop by shop and chain by chain. Please contact our sales director on 01226 270258 for further details. Our trade returns policy may be found here

5. GENERAL LIABILITY
(We apologise in advance for this section, which has been forced upon us by the growth of the "compensation culture".) We cannot be liable for things which people do as a result of reading our books. If, for instance, you read one of our books on home brewing, decide to have a go at brewing some home-brewed ale yourself, substitute belladonna for hops in the recipe, and become ill as a result, unfortunately we are not liable for this. If you read one of our folklore titles and decide to experiment with seances, again, you have made that decision, though we would urge you strongly not to do so, and to seek the help of a qualified spiritual advisor. If, under the influence of one of our books on heraldry or medieval history, you decide to become a re-enactor, and someone lops off one of your more crucial limbs in a mock battle, again, this is regrettable, but not our fault. Sorry, but unfortunately we have to draw the line somewhere.

6. DATA PROTECTION
Under the UK Data Protection Acts of 1984 and 1998, all UK customers have the right to know what personal information is held about them on our computer files and in other forms of data. We will be pleased to advise individual customers, but on a general level, we are not an extension of SMERSH or MI5 and we only keep the bare minimum of data, such as names and addresses, with a vague classification of what type of book the customer is interested in (this prevents us bothering history customers with details of children's books and vice versa) and what type of organisation they are. Anybody who objects is removed there and then. For trade customers, our accounts system keeps details of transactions on their account, though these are purged for paid transactions and archived yearly at the year-end. We have to keep certain financial records for seven years in case the government wants to know how many paper clips we bought in 1995.
We don't make people's names and addresses available to other commercial organisations. We do from time to time send out info about new books from The King's England Press which we feel you might be interested in, but if you object, again, let us know.

7. CREDIT CARD SALES
Are handled through the online shopping site powered by Actinic which is industry standard software and your payment is handled by PAYPAL which again is an accepted method of payment on the internet. We have also added the option to have a pro-forma invoice sent to you in advance of purchasing, for those who prefer to use cheques, and we have the facility for official organisations such as schools, local authorities and libraries, to quote an official purchase order number.

PRIVACY STATEMENT AND TERMS AND CONDITIONS:
At The King's England Press, we are committed to protecting your privacy. We use the information we collect about you to process orders and to provide a more personalised shopping experience. Please read on for more detail about our privacy policy.

What information do we collect? How do we use it?

When you order, we need to know your name, email address, delivery address, and possibly a phone number (in case of delivery difficulties). We also need to know if you are applying for a specific special offer, if applicable. This allows us to process and fulfil your order and to notify you of your order status. We ask for your telephone number, as this enables us to contact you urgently if there is a problem with your order. For some international deliveries, this number may be given to our couriers.

We may also use the information we collect to occasionally notify you about important functionality changes to the web site, new products and special offers we think you'll find valuable. If you would rather not receive this information, please send an email to notforme@kingsengland.com. Make sure to specify your preferences for each account or email address you have left with us.

How does The King's England Press protect your customer information?

As required by the UK Data Protection Acts of 1984 and 1998, we follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access. Our security procedures mean that we reserve the right to request proof of identity before we are able to disclose sensitive information to you. Any credit card details you entered are transmitted over a secure(SSL) link and stored using 128-bit encryption.

What about 'cookies'?

'Cookies' are small pieces of information that are stored by your browser on your computer's hard drive. Most web browsers automatically accept cookies, but you can usually change your browser to prevent that. Our main web site does not place cookies on your hard drive. The Actinic shopping cart may do so, but only for the purposes of recognising you if you choose to create an account so that you don't have to enter your contact details ove and over again each time you buy something.

Will The King's England Press disclose the information it collects to outside parties?

No. The King's England Press does not sell, trade or rent your personal information to others. The King's England Press may provide aggregate statistics about numbers of customers, sales, traffic patterns and related site information to reputable third-party vendors, but these statistics will include no personally identifying information.

In summary

We are committed to protecting your privacy. We use the information we collect on the site to make buying books from The King's England Press possible and to enhance your overall shopping experience. If you never want to receive any announcements or special offers from us, please send an email message to notforme@kingsengland.com to change your preferences. Remember to indicate your preferences for each of the email accounts you have given us.

Your consent

By using our web site, you consent to the collection and use of this information by The King's England Press. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it.

Tell us what you think

The King's England Press welcomes your questions and comments about anything (though we are a bit hazy on how to achieve world peace and building a box girder bridge). Please send an email to steve@kingsengland.com and it will receive the personal attention of the owner.

Terms and Conditions

1. THESE CONDITIONS shall be incorporated into all contracts between The King's England Press Ltd (hereinafter referred to as the Company) and any person or Company (hereinafter called the Customer) for the supply of goods or the carrying out of work by the Company. The Company contracts upon the terms of these conditions only and any printed or other standard terms emanating from the Customer shall be excluded but even if incorporated shall be treated as of no effect and in any event the terms of these conditions shall prevail. All work and materials tendered by the Company are tendered on the terms of the conditions alone and acceptance of delivery by the Customer shall be in acceptance of these conditions.

2. PAYMENT shall be made upon confirmation of the order, except for bona fide trade accounts where credit terms have been negotiated beforehand.

3. THE COMPANY AND THE CUSTOMER expressly agree that until the Company has been paid in full for the goods comprised in this or any other contract between them: (a) The goods comprised in the contract remain the property of the Company although the risk therein passes to the Customer at the point when delivery begins. (b) The Company may recover those goods at any time from the Customer if in his possession of the amount outstanding from the Customer to the Company in respect of goods supplied shall remain unpaid after the due date for payment has passed and for that purpose the Company its servant and agent may enter upon the land or premises of the Customer upon which such goods are situated. (c) In the event of the Customer disposing of the Company's goods in the course of his business then any monies received by the Customer in respect of such disposal shall be held by the Customer as a trustee for the Company and shall pay such monies into a separate and identifiable Bank Account for the benefit of the Company. (d) In the event of such disposal the Customer has the fiduciary duty to the Company to account to the Company for the proceeds but may retain therefrom any excess of such proceeds over the amount outstanding under this or any other contract between them and in this respect the Customer hereby authorises the Company to recover from the Customers Purchaser the Customers price should all or part of such price remain unpaid and the Company be also unpaid under this contract. This provision is without prejudice to all other terms and conditions hereof and should the Company avail itself of such right the Company will account to the Customer for any such excess as aforesaid less any expenses incurred by the Company in respect of such recovery. (e) If the Customer incorporates such goods into other products (with the addition f his goods or those of others) or uses such goods as material for such products (with or without such addition) the property in those other products is upon such incorporation or use ipso facto transferred to the Company and the Customer as Bailee of them for the Company will store the same for the Company in a proper manner without charge to the Company. In the event of such incorporation or use as is envisaged by this sub-clause the provisions of sub-clauses 3(b) to (e) above shall apply mutatis mutandis to those other products in place of the goods.

4. DELIVERY DATES The Company will endeavour to meet any delivery date quoted but for the purposes of these conditions time shall not be regarded of the essence and failure to meet any delivery dates shall not in any circumstances give rise to any liability on the part of the Company and shall not entitle the Customer to cancel the contract.

5. DELIVERY, PACKING AND CARRIAGE shall be paid for by the Customer unless otherwise stated. Goods shall be deemed to have been fully and correctly delivered in sound condition unless the Company is otherwise notified in writing within seven days of the date of dispatch.

6. THE PRICES are subject to revision to take account of any changes in the cost of material, labour or rates of exchange since the date of quotation either before or during the duration of the contract.

7. ACCEPTANCE Goods shall be deemed to be accepted unless they are rejected within seven days of delivery and shall also be deemed to be fully in accordance with the contract unless in both cases written complaint is dispatched to the Company by recorded delivery within seven days of delivery.

8. LIABILITY The Company's liability arising in respect of any contract shall be limited to the contract price for the particular goods in respect of which the liability arises. In no circumstances whatsoever shall the Company be liable to the Customer for any loss of profit for any loss for which the Customer may be liable to any third party. This clause and clause 7 above shall not apply to any liability arising under Section 12 of the Sale of Goods Act 1893 as amended.

9. CANCELLATION (a) The Company may cancel or suspend the contract without liability on its part in the event of its performance being affected by industrial action, political unrest, terrorist activity, unavailability of equipment or materials or any other cause beyond its reasonable control and in so far as its performance so affected the Company shall not in any event be liable for any failure on their part to perform. (b) If the Customer fails to comply with any term of the contract or if the Customer has a winding up Petition presented against it or it should commence winding up or have a Receiver or Manager appointed or if an individual commit any act of bankruptcy or enter into any composition with creditors in either case suffer any execution to be levied on its goods the Company may cancel the contract (and pending cancellation are discharged from further performance until in the case of failure to comply the default is rectified) and may charge the Customer with all costs and expenses and overheads incurred in connection with the contract together with loss of profit and all sums due to the Company shall become immediately payable.

10. THESE CONDITIONS shall be incorporated into all contracts between The King's England Press Ltd ('the Company') and any person or Company ('the Customer') for the supply by the Company of goods to the Customer. The Company contracts upon the terms of these Conditions only and any printed or other standard terms emanating from the Customer shall be excluded, but even if incorporated shall be treated as of no effect, and in any event the terms of these Conditions shall prevail. All goods tendered by the Company are tendered on the terms of these Conditions alone and acceptance of delivery by the Customer shall be in acceptance of these Conditions.

11. CLAIMS Claims arising from damage, delay or partial loss of goods in transit must be made in writing to the Company and the carrier so as to reach them within three days of delivery and claims for non-delivery within 28 days of despatch of the goods. All other claims must be made to the Company within seven days of delivery.

12. LIABILITY The Company's liability arising in respect of any contract shall be limited to the contract price for the particular goods in respect of which the liability arises. In no circumstances whatsoever shall the Company be liable to the Customer for any loss of profit or for any loss for which the Customer may be liable to any third party.

13. GENERAL LIEN Without prejudice to other remedies, the Company shall in respect of all unpaid debts due from the Customer have a general lien on all goods and property in its possession (whether worked on or not) and shall be entitled on expiration of 14 days notice to dispose of such goods or property as it thinks fit and to apply any proceeds towards such debts.

14. FORCE MAJEURE Every effort will be made to carry out the contract but its due performance is subject to cancellation by the Company or to such variation as it may find necessary as a result of inability to secure labour, materials or supplies or as a result of any Act of God, War, Strike, Lockout or other labour dispute, Fire, Flood, Drought, Legislation (whether of the foregoing class or not) beyond the Company's control.

15. LAW These conditions and all other express terms of the contract shall be governed by and construed in accordance with the Laws of England.

This site is owned by [XXX Your Company Name] (hereafter THE MERCHANT) and registered in England, Registration No. [XXX Your Business Registration Number], with registered address at [XXX Your Registered Company Address] (hereafter THE MERCHANT ADDRESS), and email address at [XXX Your Contact Email Address].

Any purchase of goods from the site [XXX Your Domain Name] (hereafter THE MERCHANT SITE) requires the customer to consult and accept these terms and conditions. The click validating the order implies full acceptance of these terms and represents the customer's "digital signature".

Purpose
These terms and conditions are intended to define the rights and obligations of the parties in the sale of goods proposed online by THE MERCHANT for the customer.
Order Confirmation
All contractual information will be confirmed by email to the address specified by the customer during the purchasing act.
Proof of Transaction
The records stored in THE MERCHANT's computer systems under reasonable safety conditions are considered proof of communications, orders and payments made between the parties.

Purchase orders and invoices are stored on a reliable and durable system and can be produced as evidence.
Product Information
Every effort has been made to ensure the accuracy of the information presented on THE MERCHANT SITE. THE MERCHANT or its suppliers shall not be held liable for the consequences, accidents, or special damages arising from electronic transmissions or the accuracy of transmitted information, even in cases where THE MERCHANT was aware of the possibility of such damages. Manufacturer and brand names are only used for identification purposes. Product photos, descriptions and prices are non-contractual.
Validity Period of Offer and Prices
Our offers and prices are valid for the day the site is consulted and are subject to change without notice.
Delivery Terms
Products are delivered to the address specified by the customer on the purchase order and only to geographic zones that we service.

All products leave our premises in perfect condition. The customer must notify the carrier (or postman) of even the slightest trace of damage (holes, signs of crushing, etc.) to the parcel, and refuse the package if necessary. A new, identical product will then be sent to the customer at no additional charge.

No exchanges can be made at a later time for goods claiming to be damaged during carriage without notification at the time of reception.

As with any shipment, a delay or loss of goods is possible. In such a case, the carrier shall start an investigation. Every effort is made, for as long as necessary, to find the package. If the package is not found, the carrier will reimburse THE MERCHANT, who will deliver a new, identical package to the customer free of charge.

We shall not be held responsible for delayed delivery times due to the carrier, including for the loss of goods, bad weather or strikes.
Loss or Damage in Transit
THE MERCHANT will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or email notice of a claim to THE MERCHANT and the carrier within three (3) business days of delivery.

In the event of damage of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered, the customer must hold the goods and make them available for inspection or collection by THE MERCHANT or its representatives on request.
Delivery Errors
The customer must inform THE MERCHANT immediately (the same day or, at the latest, the first business day following delivery) concerning any claim of delivery error or non-conformity of goods, in kind or in quality, compared with the information on the purchase order.

Any claim made after this time period will be rejected.
All claims must be made in writing and sent to THE MERCHANT ADDRESS.

Any claim that does not respect the rules defined above cannot be taken into account and releases THE MERCHANT of any responsibility to the customer.

In the case of delivery error or exchange, all goods to be exchanged or refunded must be returned to THE MERCHANT in whole, in its original packaging and in perfect condition to THE MERCHANT ADDRESS.

For claims to be accepted, the customer must first make a declaration to THE MERCHANT concerning any returns and receive and THE MERCHANT's consent. If accepted, the customer will ship the package to THE MERCHANT ADDRESS.

Shipping fees shall be at THE MERCHANT's expense, except in the case where the goods do not correspond to the original declaration made by the customer concerning the return.
Warranty
The provisions hereof cannot deprive the customer of their right to legal warranty requiring THE MERCHANT to protect the customer against latent defects of goods sold.

The customer is expressly informed that THE MERCHANT is not the manufacturer of the goods presented in THE MERCHANT SITE and that THE MERCHANT shall not be held liable for defective goods.

In the case of damage to a person or property resulting from a product defect, only the product manufacturer shall be held liable and sought after by the customer, by means of the information provided on the packaging of said product.

All products sold on THE MERCHANT SITE are under a one (1) year warranty. All products that have been modified or repaired by the customer or any other party not chosen by THE MERCHANT are not covered by this warranty.

The warranty can be extended according to the terms provided in store and on the website.
Right to Withdrawal
In accordance with the Distance Selling Regulations 2000, the customer has the right to a cooling off period of seven (7) business days, starting at the time goods are received, to cancel the contract and return said goods at their own expense, without having to give a reason. All returns can be indicated beforehand with THE MERCHANT customer service department. All goods must be returned to THE MERCHANT ADDRESS.

The cooling off period and right to cancel do not apply to contracts, orders for any goods made to your specification, any downloaded goods or unsealed goods including but not limited to (DVD, CD, Tapes, Software, Video and audio).

Only complete and unused goods in perfect condition for resale will be accepted. No refunds or exchanges will be made for incomplete, damaged or unsealed goods, including damage to original packaging. The customer can exercise this right to withdrawal without penalty, excepting the return fee for the goods. If the customer exercises the right to withdrawal, they have the option of requesting a full refund or exchange of goods. If an exchange is requested, all shipping expenses shall be the responsibility of the customer.

If the right to withdrawal is exercised, THE MERCHANT will make every effort to refund the customer within 30 days.
Right of Use
The use of any trademarks, logos or brands present on the site is strictly forbidden.
Force Majeure
Neither party will be deemed to be in breach of any of its obligations under the agreement as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the parties' control. A force majeure event includes, but is not limited to, any unforeseeable, inevitable, or unstoppable act, event, non-happening, omission or accident beyond the control of either party, despite all reasonable efforts made to the contrary. In addition to events usually recognized by the British courts, a force majeure event includes in particular (without limitation) the following: Strike, lock-out, earthquake, fire, storm, flood, lightning, explosion, impossibility of the use of public or private telecommunications networks.

In such circumstances, the party delayed or unable to perform ("Delayed Party") shall notify the other party ("Affected Party") within ten (10) business days following the date such events become known.

Unless prevented due to force majeure, both parties will meet within three months to examine the impact of the event and agree to the conditions under which the contract shall be continued. If the force majeure lasts longer than one (1) month, this agreement may be terminated by the injured party.
Partial Invalidity
These terms and conditions remain valid and in force, even if one or more clauses are invalid or declared so under any law, regulation or following the final decision of a competent court.
Non-Waiver
No failure of either party to exercise any power given to it in these terms and conditions or to insist upon strict compliance by the other party with its obligations hereunder shall constitute a waiver of either party's right to demand exact compliance with the terms hereof.
Data Protection
All personal data you provide us is used to process your orders. This data will be treated in accordance with the Data Protection principles outlined in the Data Protection Act 1998.
Applicable Law and Competent Jurisdiction
In form and content, these Terms and Conditions shall be governed by and construed in accordance with English law. All orders placed on THE MERCHANT SITE strictly imply the acceptance of THE MERCHANT's terms and conditions.

In case of dispute or claim, the customer agrees to seek an amicable solution with THE MERCHANT before proceeding with any legal action. In the event where such a solution cannot be found, any disputes concerning the sale (price, Terms and Conditions, products, etc.) will be subject to the exclusive jurisdiction of the English courts.