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Terms and Conditions

terms and conditions

Introduction

This section details the terms and conditions relating to the sale of products and membership of The Book Exchange. You will be asked to expressly agree to these terms and conditions before you place an order or become a member of our website.

Interpretation

In these terms and conditions, “we” means The Book Exchange (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products or membership (and “your” will be construed accordingly).

Entire agreement

From time to time, The Book Exchange will review and may edit these terms and conditions in accordance with potential changes to our business and as required by law. The Book Exchange reserves the right to change its terms at any time. By registering with and purchasing from The Book Exchange you agree to our terms and conditions as set out in these guidelines that if broken may result in the suspension or deletion of your account or sale being terminated. These terms and conditions set out:

Orders and contracts

The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the below procedure:

–  You must add the products you wish to purchase to your shopping basket, and then proceed to the checkout;
–  If you are a new customer, you can create an account with us and log in; you are also able to make a purchase without membership;
–  When you are logged in as a member your order details with also display in the ‘my orders’ section of your personal account dashboard and your address details will be stored for quicker check-out;
–  Once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these terms of sale;
–  If using a credit/ debit card you will remain on The Book Exchange website but the SagePay payment gateway will handle your payment;
–  If using Paypal you will be redirected to the Paypal payment portal;
–  We will then send you an initial acknowledgment; and once we have checked whether we are able to meet your order, we will either send you an order confirmation of shipment (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order;
–  We will not file a copy of these terms and conditions specifically in relation to your order. We may update the version of these terms and conditions on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

The only language in which we provide these terms of sale is English.

Before you place your order, you will have the opportunity of identifying whether you have made any input errors. You may correct those input errors before placing your order.

·         if you are a new customer, you can create an account with us and log in; you are also able to make a purchase without membership

The products, price and payment

The products are as described on our product pages of this website.

Prices for products are quoted on our website, these are all set at £2.50.  Postage and packaging are additional and are explained here.

Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.

Payment for all products must be made by credit or debit Card, PayPal or the credit you have accumulated as part of our book exchange scheme.

Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.

Your warranties

You warrant to us that:

–  You are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
–  The information provided in your order is accurate and complete;
–  You will be able to accept delivery of the products.

Delivery policy

We will arrange for the products to be delivered to the address for delivery indicated in your order. Currently we are only able to deliver to UK addresses to register your interest in shipping outside the UK please email info@thebookexchange.co.uk

We will use reasonable endeavours to deliver products within 7 days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation.

Risk and ownership

The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:

–  Delivery of the products; and
–  Receipt by us of full payment of all sums due in respect of the products (including delivery charges).

We will be entitled to recover payment for the products even where ownership has not passed to you.

Statutory rights

Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you)

Refunds and returns

If you cancel a contract and are entitled to a refund, we will usually refund any money received from you for the product using the same method originally used by you to pay for your purchase.

We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation. Please refer to our Refunds Policy

“Cooling off” period

You may cancel a contract to purchase a product or products at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out in the Returns Policy)

Limitations of liability

Nothing in these terms or conditions will limit or exclude your or our liability for:

–  Death or personal injury caused by negligence;
–  Fraud or fraudulent misrepresentation; or
–  Any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude, liability.

Subject to this, the products we sell are intended for personal use only and we will not be liable for any business losses (including without limitation loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time).

General terms of sale

Images of products on our website are for illustrative purposes; actual products may differ from such images.

We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms and conditions.

Contracts under these terms and conditions may only be varied in writing signed by both you and us. We may revise these terms and conditions from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

If any provision of these terms and conditions is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

No waiver of any provision of these terms and conditions, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms and conditions.

You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms and conditions. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms and conditions, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

Each contract under these terms and conditions is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

These terms and conditions contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.

These terms and conditions will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale

Terms of Membership

The Book Exchange is open to all and aims to ensure that customers and users of our website are not discriminated against on grounds of race, ethnic or national origins, disability, marital status, gender, sexual orientation, age, class or religious beliefs. We reserve the right to remove posts that are offensive to users on any of these grounds.

Your details

When you register with The Book Exchange website, you will need to choose a contact email address and password. You are responsible for all transactions, exchange’s and posts taken under these details. You should keep your password safe and not disclose it to anyone. If you think it may have been compromised you should change it immediately.

If any of your details change, you should inform The Book Exchange as soon as possible. You can update your details by simply signing into the "my account" page, and updating the relevant section.

General thoughts for Interactions

We're an inclusive community of many different types of people, who all have the right to feel comfortable and who may not think what you think, believe what you believe or see what you see. So, please be polite and respectful in your interactions with other members.

Comments are post-moderated but our moderators will intervene swiftly if users contravene the following guidelines:

1. No aggressive behaviour, foul language, racism or sexism.
2. Please don’t trash other peoples topics - we welcome lively debate, but please respect other people's views and beliefs and consider carefully each time you post.
3. Any review containing libellous, defamatory, racist, profane or otherwise incendiary content will not be published. Do not include personal details, advertisements or links to other websites. 4. We absolutely will not tolerate racism, sexism, homophobia or other forms of hate-speech, or content that could be interpreted as such.
5. We're based in the UK and have decided to use English as the language of conversation. Therefore, contributions that cannot be understood by the majority of participants may be removed.
6. Similarly, we will remove content that may possibly put us in legal jeopardy, such as potentially libellous or defamatory postings, or which is posted in potential breach of copyright.
7. We also need your help, so please don't be shy in reporting posts that may cause us a problem or which are offensive.

Submitting text for publication

–  Users of our site may submit material for publication in various areas of the site. We accept no liability in respect of any material submitted by users and published by us and we are not responsible for its content and accuracy.
–  If you want to submit material to us for publication you may do so on the following terms and conditions:
–  Publication of any material you submit to us will be at our sole discretion. We reserve the right to make additions or deletions to the text or graphics prior to publication, or to refuse publication
–  You warrant to us that any material you submit to us is your own original work and that you own the copyright and any other relevant rights
–  You warrant that the material you submit is not obscene, offensive, defamatory of any person or otherwise illegal
–  You agree not to post material which is deliberately intended to upset other users
–  You acknowledge that any breach of these warranties may cause us damage or loss and you agree to indemnify us in full and permanently against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing material you submit to us, including consequential losses.
–  We reserve the right to remove your access to individual services completely if we believe you are abusing the services in any way.

You will be deemed to consent to these guidelines if you choose to post any content or comments to the site.

Disclaimer

The nature of Internet communications means that your communications may be susceptible to data corruption, interception and delays. The Book Exchange shall not be responsible for any detrimental reliance you place on this website or its contents.

The Book Exchange is providing this site and its contents (including any downloadable data or software) on an 'as is' basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties, whether express or implied, to the fullest extent permitted by applicable law. In addition, The Book Exchange makes no representations or warranties about the accuracy, completeness or suitability for any particular purpose of the information and related graphics published in this site or that any software or the server that makes it available are free of viruses or other harmful components.

The information contained in this site may contain technical inaccuracies or typographical errors. All liability of The Book Exchange howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by applicable law.

Neither The Book Exchange nor any of its Directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site in any way. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Hyperlinks

Our website may contain hyperlinks. These hyperlinks connect you to sites of other organisations which are not our responsibility. We have used our reasonable endeavours in preparing our own website and the information included in it is done so in good faith. However, we have no control over any of the information you can access via other websites. Therefore, no mention of any organisation, company or individual to which our website is linked shall imply any approval or warranty as to the standing and capability of any such organisations, company or individual on the part of The Book Exchange.

Copyright notice and trademarks

All design, text, graphics and the selection or arrangement thereof are the copyright of The Book Exchange, or of other copyright owners. Permission is granted to electronically copy and print in hard copy portions of this site for the sole purpose of interacting with The Book Exchange. Any other use of materials on this site (including reproduction for purposes other than those noted above and modification, distribution, or republication) without the prior written permission of The Book Exchange is strictly prohibited.

Some cover images and book information is provided to The Book Exchange by Nielson Book Services, in these instances all copyright in bibliographical data and cover images is held by Nielson Book Services Limited or by the publishers or by their respective licensors: all rights reserved.

No permission is given by The Book Exchange in respect of the use of its or any such other trademarks, product names, titles or logos and such use may constitute an infringement of the holder's rights.

Cancellation of your membership

If you decide to cancel your membership of The Book Exchange community please email accounts@thebookexchange.co.uk to notify us of your wish to cancel. We would also appreciate it if you could let us know your reason for cancelling so we can improve our service if necessary.

If you have accumulated any credit on the account through book trade-ins or by any other means you will have 14 days from the date your cancellation is received to redeem your credit against book purchases. After this date we will debit an account of your choice with a cash equivalent of the total credit amount. Cash equivalents are calculated at 50% of the credit held on the account.

Should you decide to reactivate your account at a later date simply email accounts@thebookexchange.co.uk and we will organise this for you.

Please note we are unable to remove any wall posts, reviews, recommendations or blog comments you may have made from your customer account and these will still be live for others to see and will continue to be displayed as coming from your username.   If you would like to amend these to an anonymous account please email us on accounts@thebookexchange.co.uk