Terms and Conditions
Terms of Sale
[Effective as of July 5th 2016]
“We“, “us” and “our” mean The Waywiser Press.
“You” and “your” mean the customer or prospective customer.
“Terms” means these Terms of Sale and all other documents referred to in them.
“Working days“, except where otherwise specified, means all days other than Saturdays, Sundays, and UK Public Holidays.
1. These Sales Terms
By placing any order for our books with us you agree to be bound by the most current version of the Sales Terms, which may be updated from time to time. The Sales Terms will apply to any transaction in relation to any of our books.
2. Updates to the Terms
These Sales Terms may be changed at any time by us. If we make any changes to the Sales Terms we will include a notice on this 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.
3. Formation of contract
3.1. All orders for our books are offers by you to purchase and are accepted only when your full payment has been received. This will form a contract, which incorporates these terms and conditions, between you and us.
3.2. Where the use of our books is stated to be subject to any instructions or warnings (e.g. “Not for resale in …”), they are supplied on the condition that such instructions or warnings will be strictly adhered to.
4.1. The stated prices of our books are exclusive of delivery charges, which are specified separately on our ordering pages.
4.2. The price of our books is the price on the day of your order. We try to ensure that all prices on display on this site are accurate but the price on your order will need to be validated by us prior to processing your order. Where a book’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 dispatch.
4.3. All our books are subject to availability. Where stock has run out or books cannot for some reason be dispatched, we will contact you by email or by phone to inform you of this and give you a likely delivery date within 14 days. If it is not possible to deliver within 14 days, we will not accept that part of your order. Where these books are part of a larger order, we will process and dispatch the available items to you in the normal manner in accordance with these Sales Terms.
5.1. Payment authorisation must be provided by you on the date that you place an order for our books. You can use most credit or debit cards, or else your Paypal account. All transactions are processed by Paypal, on their own secure server, and your payment details are never seen by us.
5.1.1. You confirm that the credit or debit card or Paypal account details that are being used are yours, or that you have been authorised to use them.
6. Delivery of Goods
6.1. We can deliver our books to any address to which there is a postal service.
6.2. Delivery to destinations inside the UK is free, and will normally be made by Royal Mail’s Second Class service (which aims to deliver in 2-3 working days, including Saturdays); delivery to destinations outside the UK will be charged for as indicated on the on-line and off-line orders pages, and will normally be made by Royal Mail’s International Standard service (which aims to deliver to European countries in 3-5 working days, and to the rest of the world in 5-7 working days).
6.3. Except on non-working days, or when the office is closed for holidays, we aim to dispatch books within 48 hours of your order’s receipt. However, we will not be liable to you for any loss or damage arising from delay in delivery.
6.4. Where an order is placed for more than one of our books, we reserve the right to dispatch them separately. If delivery charges are involved, they will be those set out at the time you placed your order.
6.5. If we are unable to fulfil these Sales Terms, in whole or part, due to any cause or event beyond our reasonable control, we may, at our option, by notice in writing to you, cancel or suspend these Sales Terms, in whole or part, without liability and without prejudice to our rights to receive payment of the price for all books previously delivered.
6.6. If you receive the wrong books or the books are damaged in transit, you must contact us within 7 calendar days of receipt and inform us of what has happened. Please refer to the terms and conditions of the Cancellation and Returns policy which can be found below.
7. Orders of Books to and from Overseas
7.1. There may be a territorial restriction on our ability to deliver books and we will inform you accordingly. It is your responsibility to provide us with a full and accurate delivery address (including country).
7.2. The provisions of clauses 6 above apply also to overseas sales of Goods.
7.3. When ordering our books for delivery overseas you may be subject to import duties and taxes, which are levied once the books 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.
7.4. 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 our books. 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.
8.1. Our books are at your risk from the time of delivery.
8.2. Ownership of our books does not pass to you until we have received in full all sums due in respect of:
8.2.1. our books;
8.2.2. all other sums which are or become due to from you on any account.
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.
10. Representations and Warranties
No-one other than The Waywiser Press, its UK marketing company, Inpress Books Ltd., its UK distributors, Central Books Ltd., and its US marketing company and distributor, Dufour Editions, Inc., is authorised to make any representations or to give any warranty concerning our books 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.
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. We are providing the Website on an “AS IS, AS AVAILABLE” basis to users. You use the Website at your own risk.
11.3. Subject to 11.1 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 of these Terms.
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 these Terms or your use of the Websites generally.
11.6. We further do not warrant that the Websites or our books and materials contained on such Websites 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 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 the Website by you or your authorised users.
13.1. From time to time we may make special offers available to you. These will be available for limited periods only.
13.2. 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.
13.3. 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.
13.4. 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.
13.5. 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.
13.6. The Website may provide links to the websites 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 websites by us. You acknowledge that the use of such third party websites is governed by the terms and conditions of use as applicable to such websites.
13.7. These Sales Terms are governed by and construed in accordance with English law and the parties will submit to the exclusive jurisdiction of the English courts.
13.8. Neither we nor our affiliates make any representation that materials on the 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 the Website from other locations do so under their own initiative and are responsible for compliance with local laws.
14. Comments on how we may improve our service to you
We aim to provide outstanding customer service. If you have any comments about the service you have received from us, please contact us.
15. Contact us
For service of legal notices our details are as follows: The Waywiser Press, Christmas Cottage, Church Enstone, Oxfordshire, UK, OX7 4NN
This returns policy applies to consumer (i.e. non-business customer) purchases only and does not affect your statutory rights:
16.1. You may cancel your order for our books within 14 working days after the date of delivery. Your cancellation should be notified to us in writing, using either the press’s physical address (see clause 15 above) or else the following email address: contact us.
16.2. You will need to return the unwanted books with the original packaging within 14 days of cancellation. You are required to take all reasonable care of our books while they are in your possession, and to parcel them up for return in secure fashion. We recommend that you send our books using a recorded delivery service, since if they do not reach us, we cannot be held liable, and will be unable to reimburse you.
16.3. Returned books will be delivered to us at your cost, except where they are defective or damaged or where we have delivered them to you in error.
16.4. Where you are returning our books because they are defective or damaged, or because we have delivered them to you in error, we will refund you the cost of the goods, our delivery charges and your reasonable return charges.
16.6. Refunds will be made in the same way as your original payment.
17.1. We promise to treat complaints in a fair, confidential, effective and speedy manner. We acknowledge all complaints within 5 working days, except when the office is closed for holidays, and will keep you informed about of their progress. To help us provide a better service, please be as specific as possible about your complaint, addressing your complaint to contact us or else using our physical address: The Waywiser Press, Christmas Cottage, Church Enstone, Oxfordshire, UK, OX7 4NN.
17.2. In the event that we fail to deal with your complaint in what you regard as a fair and timely manner, you may wish to avail yourself of the EU’s Online Dispute Resolution Service, which can be found at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN