| Terms of Use and SaleFor ease of use, we have divided the following information into two parts… Part 1: Terms relating to your Use of the MSE Books website (msebooks.com) Part 2: Terms relating to the Sale of Products to you Part 1: Terms relating to your Use of the MSE Books websiteA Introduction and Interpretation These terms of use govern your use of msebooks.com (our website); by using our website, you accept these terms of use in full. If you disagree with these terms of use, or any part of these terms of use, you must not use our website. In these terms of use, ‘we’, ‘us’ and ‘our’ means MSE Books. While ‘you’ and ‘your’ means our customers or potential customers for our goods or anyone browsing our website. The words ‘products’, ‘items’ and ‘goods’ will mean the same and they will all refer to anything sold from our website. Also, note that these words in the singular include the plural and in the plural include the singular. If you want to order for goods from our website, please make sure you read our full terms of sale before you open an account with us, or buy from us. The only language in which we provide these terms of use is English. Unless otherwise stated, we, or our licensors, own the intellectual property rights in our website and the material on our website. Subject to the licence below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from our website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use. You must not:
C Acceptable use You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website. Nor must you use it in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent. You must not use our website to transmit or send unsolicited commercial communications. You must not use our website for any purposes related to marketing without our express written consent. D Account access To take full advantage of all of the features on our website, you’ll need to create an account with us. To sign up for an account you will need to create a password so you can access the ‘Your Account’ area of our website. Please note that you are responsible for maintaining the confidentiality of your account and password. As such, you agree to accept responsibility for all activities that occur under your account or password. This is why you should take all necessary steps to keep your password private and secure. You should inform us straight away if you have any reason to think that someone knows your password, or if your password is being, or is likely to be, used in an unauthorised manner. If we think it necessary, we may disable your user ID and password without notice or explanation. E Products The advertising of items on our website amounts to an ‘invitation to treat’ – not a contractual offer. Due to the large number of items on our website, it’s always possible that some of the prices could be wrong. If a price is wrong, we’ll notify you of the correct price within 24 hours of you placing an order. The purchase of goods from our website will be subject to our terms of sale. In these terms of use, ‘your user content’ means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to us for publication on our website whether as a product review or otherwise. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). Your user content (and its publication on our website) must not:
Your user content must be appropriate, civil and tasteful and accord with generally accepted standards of etiquette and behaviour on the internet. Your user content must not link to any website or web page consisting of or containing material that would, if posted on our website, breach the provisions of these terms of use. You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website. Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website. G Limited warranties You acknowledge that users may submit some of the information published on this website, and that we do not usually review, approve or edit such information. In addition, we do not warrant the completeness or accuracy of this information. Nor do we commit to ensuring that the website remains available or that we keep the material on the website up-to-date. To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). H Indemnity You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use. I Breaches of these terms of use Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:
Where we suspend, prohibit, or block your access to our website or a part of our website, you must not take any action to circumvent such suspension, prohibition or blocking (including without limitation creating and/or using a different account). J Third party websites Our website includes links to other websites owned and run by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. K Trade marks The MSE Books logo, the MSE Books icon, msebooks.co, msebooks.com, msebooks.co.uk, modernsignededitions.co, modernsignededitions.com, modernsignededitions.co.uk, and signedfirsteditions.co are trademarks belonging to us. We give no permission for the use of these trademarks and any use may constitute an infringement of our rights. The other registered and unregistered trademarks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse, nor do we have any affiliation with, any of the holders of any such rights. As such, we cannot grant any licence to exercise such rights. L Competitions From time to time, we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms of entry, which we will make available to you as part of the competition details. M Assignment We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use. N Severability If any court or other competent authority decides a provision of these terms is unlawful and/or unenforceable, the other provisions will continue in full effect. If deleting any part of an unlawful and/or unenforceable provision would make it lawful or enforceable, we will regard that part as deleted and the rest of the provision will continue in effect. O Exclusion of third party rights These terms of use are for the benefit of you and us, and they should not benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party. P Entire agreement These Terms of Use, together with our Terms of Sale, Privacy & Cookie Policy and Delivery & Returns Policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website. Q Force majeure A ‘force majeure event’ is one of, or any combination of, the following:
If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us carrying out any obligations under these terms of use, we will let you know as soon as we can. We will take reasonable steps to lessen the effects of any force majeure event. However, where a force majeure event gives rise to a failure or delay in us carrying out any obligations under these terms of use, those obligations will be set aside for the duration of the event. R Limitations and exclusions of liability Nothing in these terms of use will:
The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use:
Please also note that:
S Law and jurisdiction English law will govern, and be the basis for interpreting, these terms of use. As such, the courts of England and Wales will have sole jurisdiction to judge any dispute arising under, or in relation to, our terms of use. T Variation We may revise these Terms of Use from time-to-time. Revised terms will apply from the date that the revised terms appear on our website. Please check this page regularly to make sure you are familiar with the current version. U About us Our company name is Modern Signed Editions Ltd and our trading name is MSE Books. We’re registered in England under company number 6931770. Our registered office address is 5 Imperial Crescent, Stockton-on-Tees, TS20 2HB, UK. Our VAT number is GB 973 6092 91. ToU v3.0 (010214) | Top
Part 2: Terms relating to the Sale of Products to you1. Introduction and Interpretation Please read these terms of sale carefully. We will expressly ask you to agree to these terms of sale before you place an order for products from our website. In these terms of sale, ‘we’, ‘us’ and ‘our’ means MSE Books. While ‘you’ and ‘your’ means our customers or potential customers for our goods or anyone browsing our website. The words ‘products’, ‘items’ and ‘goods’ will mean the same and they will all refer to anything sold from our website. Also, note that these words in the singular include the plural and in the plural include the singular. The only language in which we provide these terms of sale is English. 2. Our products We sell books that are, in the main, new and unread modern signed first editions. We describe these books briefly on our home and category pages. However, on our product pages we describe the books in more depth. This detail will include (at the very least) the book’s storyline, condition, any special features and the price. 3. Price and payment We price all items on our website individually; due to the large number of items we stock, it’s always possible that some of the prices could be wrong. If a price is wrong, we’ll notify you of the correct price within 24 hours of you placing your order. You’ll then have seven days in which to cancel the order should you no longer wish to go ahead with the sale. If you cancel the order, or we cancel it due to the expiry of the 7-day period, we will refund the payment taken from your credit card in full. While we bill all orders in pounds sterling (GBP), you can choose to see the prices on our website in a limited number of other currencies. To do so, go to the Exchange Rate Guide on our home page and click on a currency name in the drop-down list. Please note these are guide prices for your reference only and may not be 100% accurate. In addition to the price of the items, you may have to pay a delivery charge. Your basket will clearly show the cost, if any, of this service. (Please see our Delivery Rates page for full details of our shipping charges.) At present, there is no VAT on books but this tax does apply to UK and EU delivery charges. As a result, all delivery charges shown on our site include VAT, where applicable, at the current UK rate of 20%. Due to the collectable nature of our books, prices can quickly change in response to demand. We guarantee though that any price rises will not change contracts that have already come into effect. You must pay for your order when you place it. We may withhold the order and/or cancel any contract between us if we don’t receive the full payment price from you in cleared funds. You may pay for your order by any method detailed on our website. From time to time though, we may change the payment options open to you. 4. The order process The advertising of products on our website amounts to an ‘invitation to treat’; and your order for products forms a contractual offer. No contract will come into force between you and us though unless, and until, we accept your order in line with the process detailed below. In order to enter into a contract to purchase products from us, you will need to take the following steps:
Throughout the whole of the order process, there’s a chance to correct any input errors you may have made. That is, as long as you do so before you click the ‘Submit & Continue’ button at the end of Step 2 of the checkout process. For instance, if you click the waste bin icon next to an item in your basket, this will remove it from your basket. You can also change the quantity on order by over-typing the number in the item’s ‘Qty’ box. And up to the end of Step 2 of the checkout process, you can click the ‘View Basket’ button to return to your basket to make corrections. We will not file a copy of these terms of sale specifically in relation to your order. As we may update the version of our terms of sale (see Variation), we do not warrant that the version you have agreed to will remain accessible. We therefore suggest you print and keep a copy of these terms of sale for your records. 5. Your warranties You warrant to us that:
6. Limitation of warranties – business customers This section applies only to business customers, not consumers. We warrant to business customers that any items purchased from our website will conform in all material respects to the applicable specification published on our website. These terms of sale set out the full extent of our obligations and liabilities for the goods supplied to business customers hereunder. To the maximum extent allowed by applicable law and subject to Section 18 (18.1 - 18.4), all conditions, warranties or other terms concerning the goods, which might otherwise be implied into a contract with a business customer under these terms of sale, are expressly excluded. 7. Delivery In brief, we’ll arrange to send the items you’ve ordered to the delivery address shown on your order. For more in-depth information on delivery related topics, please see our Delivery & Returns Policy. 8. Force majeure A ‘force majeure event’ is one, or any combination of, the following:
If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us carrying out our obligations under these terms of sale, we will let you know as soon as we can. We will take reasonable steps to lessen the effects of any force majeure event. However, where a force majeure event gives rise to a failure or delay in us carrying out our obligations under these terms of sale, those obligations will be set aside for the duration of the event. The items in your order will be at your risk from the time of delivery. Ownership of the items in your order will only pass to you upon the later of:
Until ownership of the goods has passed to you, you will possess the goods as our fiduciary agent and bailee. (If you are a business customer, you must store our goods away from other goods. You must also ensure that our goods are clearly marked as belonging to us.) We will be entitled to recover payment for the goods even where ownership has not passed to you. 10. Order receipt / invoice We send a numbered receipt / invoice with every order. Please make sure you keep this, as you’ll need the number if you wish to return any goods to us. (As your order may have included high-value items, you could also need the receipt at some time in the future for insurance reasons.) 11. Returns policy – consumers This section applies to consumers, not business customers. If you are a business customer, the relevant returns policy is set out in Section 12. If you are a UK or EU customer, you have the right to cancel the contract to buy one or more items in your order within 14 calendar days of receiving the items. The 14-day cancellation period begins the day after you receive your order. Please note that we are unable to accept cancellation of, or returns for, digital items once downloading has started. To cancel a contract, let us know you want to do so by email using our enquiry form or by calling us on 01642 329 385. In both cases, please make sure you have your receipt / invoice number on hand; you’ll need to add this to the enquiry form email or quote it to us when you phone. If you do cancel a contract, you must return the items to us so that we get them back within 14 calendar days. The 14 days start the day after you notify us you want to cancel. You must return the items to us in the same condition they left us. To avoid the risk of loss, or any dispute over non-delivery, you should send the items back to us using a signed for service. Note that you’ll be responsible for the cost of returning the items to us, unless we sent them in error or they were faulty. If you do not return the items to us, we may recover the items and charge you for the cost of doing so. Once we get the items back, we’ll issue a refund using the same method you used to pay for the goods in the first place. The refund will include the cost of the returned items plus any delivery charge you may have paid as part of the order. We’ll deal with the refund promptly to make sure you receive it within 14 days at the most. 12. Returns policy – business customers This Section applies to business customers, not consumers. If you are a consumer, the applicable returns policy is set out in Section 11. You may only return items to us with our prior agreement and according to our instructions. In addition, you must return any items at your own expense. Any items returned in breach of this Section will not qualify for a refund or replacement. In which case, you will still be liable for payment of the price of such items. Where you return items to us in line with the terms of this Section, and in our reasonable view those items do not conform to the warranties set out in our terms of sale, then you will be entitled to:
13. Refunds If you cancel a contract and are due a refund for items returned, we will usually pay you by the same method you used to pay for the goods in the first place. Once we get the items back, we’ll issue a refund for the items plus any delivery charge you may have paid as part of the order. We’ll deal with the refund promptly to make sure you receive it within 14 days at the most. Even sending orders by a tracked service doesn’t guarantee they won’t be lost. If your order appears to be lost, we will refund you in full once the following number of working days has elapsed after dispatch:
14. Cancellation of a contract by us – consumers This section applies to consumers, not business customers. If you are a business customer, the relevant contract cancellation terms are set out in Section 15. We may cancel a contract to supply goods made under these terms of sale immediately by written notice to you if:
15. Cancellation of a contract by us – business customers This Section applies to business customers, not consumers. If you are a consumer, the relevant contract cancellation terms are set out in Section 14. If you are a business customer, we may cancel a contract to supply products made under these terms of sale if:
16. Cancellation of a contract by us – consequences Upon the cancellation of a contract in accordance with sections 14 or 15:
17. Indemnity – business customers If you are a business customer, you hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms of sale. 18. Limitations and exclusions of liability Nothing in these terms of sale will:
The limitations and exclusions of liability set out in this Section and elsewhere in these terms of sale:
Please also note that:
19. Statutory rights – consumers If you are a consumer, our terms of sale will not affect any statutory rights you have providing we cannot exclude or limit them.
21. Scope of these terms of sale These terms of sale do not form or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in goods, and do not govern the provision of any services by us or any third party in relation to the goods. 22. Law and jurisdiction English law will govern, and be the basis for interpreting, these terms of sale. As such, the courts of England and Wales will have sole jurisdiction to judge any dispute arising under, or in relation to, these terms of sale. We may revise these Terms of Sale from time-to-time. Revised terms will apply from the date that the revised terms appear on our website. Please check this page regularly to make sure you are familiar with the current version. 23. About us Our company name is Modern Signed Editions Ltd and our trading name is MSE Books. We’re registered in England under company number 6931770. Our registered office address is 5 Imperial Crescent, Stockton-on-Tees, TS20 2HB, UK. Our VAT number is GB 973 6092 91. ToS v3.0 (010214) | Top |
