Terms and Conditions
W. F. Howes Limited trading as Whole Story Audiobooks - Terms and Conditions of Sale and for use of this Website.
PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND CONDITIONS AND YOUR ORDER FOR FUTURE REFERENCE.
This page states the Terms and Conditions (the "Terms") under which You may use the website located at www.wholestoryaudiobooks.co.uk (the "Website") and which govern Our supply of goods to You.
W. F. Howes Limited trading as Whole Story Audiobooks registered in England and Wales with Company Number 03662159 whose registered office is at Unit 5 St George's House, Rearsby Business Park, Gaddesby Lane, Rearsby, Leicestershire, LE7 4YH, referred to as "We", "Us" or "Our" in these Terms, is the supplier of the goods and may revise these Terms at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions because they are binding on You. Continued use of the Website constitutes Your agreement to all such revised Terms. If You do not accept the Terms and Conditions stated here, do not use the Website.
The terms "You", "Your", "Yourself" and "Yours", when used in these Terms, includes any user of the Website, whether such user is a consumer or a business.
1. Formation of the Contract
a) Consumers - No contract exists between You and Us for the sale of any goods until We have received and accepted your order and sent You written confirmation confirming your order to the address or email address You have given. Once We have confirmed Your order, there is a binding legal contract between us. Any goods on the same order which we have not confirmed or dispatched to you do not form part of that contract. The Contract is subject to the rights of cancellation in clause 6 below.
b) Business Customers - If you are placing an order in the course of a business ("Business Customer") we may refuse to accept Your order or terminate the Contract for the goods the subject of that order by notice in writing to You and without liability if Your account has been suspended and/or any of the events set out in clause 14 have occurred. Your account will be deemed on Credit Hold should you exceed your maximum credit limit agreed by Us from time to time.
c) In using this Website and by placing an order, You warrant that You are legally capable of entering into binding contracts and You are at least 18 years old.
Quotations are subject to withdrawal at any time before the receipt of an unqualified order from You and shall be deemed to be withdrawn unless so accepted within 30 days from their date unless otherwise agreed by Us in writing.
3. Description and price of the goods
a) The description and price of the goods You order will be as shown on this Website at the time You submit Your order. You can correct any errors to Your order up to the point at which You click on "Complete Order" on the final page of the ordering process.
b) Sometimes the product specifications of goods may change, in which case We will offer You a reasonable substitute of the same or better quality at the same price. All sizes and measurements are approximate but We try to make sure that they are as accurate as possible. On the rare occasion that there is an error, We will advise You about it as soon as reasonably possible.
c) The goods are subject to availability. If on receipt of Your order the goods You have ordered are not available in stock, We will inform You within a reasonable amount of time and You are free to cancel Your order if You wish to do so. If You cancel Your order We will refund or credit You for any sum that has been paid by You or debited from Your credit card or other account for those goods.
d) There may be restrictions in place from time to time in relation to the number and type of goods which You may purchase in any one order, as well as a maximum sum of money which may be spent on any one order. Any such restrictions will be advised on this Website.
e) Every effort is made to ensure that prices shown on this Website are accurate at the time You place Your order. If an error is found, We will inform You within a reasonable amount of time and offer You the option of reconfirming Your order at the correct price or cancelling Your order. If You cancel, We will refund or credit You for any sum that has been paid by You or debited from Your credit card or other account for the goods.
f) Save as set out on the Website the price of the goods does not include the cost of delivery. Details of delivery charges are shown on the Website. Where You are dealing as a consumer prices and delivery charges include VAT where applicable. Where appropriate VAT is charged at the rate prevailing at the relevant tax point and will be shown separately on Your invoice/statement. You may also have to pay customs or other applicable duties - see clause 17 below.
g) Prices of goods sold to Business Customers are exclusive of VAT. We shall charge VAT where appropriate at the rate prevailing at the relevant tax point.
a) Payment for the goods and delivery charges can be made in sterling by any method shown on the Website at the time You place Your order. We take payment from Your card at the time We receive your order, once We have checked your card details and stock availability
b) Business Customers - Subject to prior written agreement to the contrary, We shall be entitled to invoice the Customer for the price of the Goods on or at any time after we have notified You that the Goods have been dispatched.
Any price quoted by Us is based upon costs current as at the date of quotation. The price charged to You under the Contract may be changed to take account of costs current at the date of invoice.
You shall make payment in full within 30 days following the date appearing on Our invoice notwithstanding that the delivery may not have taken place and the property in the goods may not have passed to You. Interest at the annual rate of 4% over the base rate of the Barclays Bank Plc will be charged at the rate prevailing on the due date on all monies outstanding after the due date until the actual date of payment (both before and after judgment) and any cash discount will not be allowed to You.
a) Consumer Sales - The goods You order will be delivered to the address You gave when You placed Your order, subject to payment of the relevant delivery charge. If We do not deliver to a particular destination You will be so notified by Us before You submit Your order or as soon as possible thereafter.
Where You are dealing as a consumer we aim to dispatch all deliveries within 5 days of accepting Your order but this could be up to 10 days (Monday - Friday) (but excluding Bank or public holidays in England, Scotland and Wales)) or as soon as possible thereafter subject to the goods being in stock.
You will need to sign for the goods at the point of delivery if when placing the order You have opted for the goods to be delivered by courier.
If there is no one at the address given who can accept delivery of the goods, the postman or courier should notify You of an alternative delivery date, or a place to collect the goods, or details of how to arrange an alternative delivery date.
Where You are dealing as a consumer every effort will be made to deliver the goods as soon as possible after Your order has been accepted by Us and in any event within 30 days of Your order. However, We will not be liable for any loss or damage suffered by You through any reasonable or unavoidable delay in delivery. We will inform You of any delay as soon as possible.
b) Business Customers - Where You are a Business Customer We will use Our reasonable endeavours to deliver the goods by the date for delivery requested by You. However, any date for delivery of the goods is an estimate only and time shall not be of the essence. We shall not be liable for any failure to meet any such estimate, nor for any loss, of whatsoever nature resulting directly or indirectly therefrom. Delivery will take place as provided for in clause 7(b).
6. Your right of cancellation (Consumers Only)
If You are a consumer (but not where You are a Business Customer), You have the right to cancel the Contract at any time up to the end of seven working days after You receive the goods. A working day is any day other than weekends and bank or other public holidays. This right of cancellation does not apply to digital items which have been downloaded. Also You cannot cancel orders for the supply of audio or video recordings or computer software if they have been unsealed.
To exercise Your right of cancellation, You must give written notice to Us by hand or post, fax or email, at the address, fax number or email address shown below, giving details of the goods ordered and (where appropriate) their delivery.
If You exercise Your right of cancellation after the goods have been delivered to You, You will be responsible for returning the goods to Us at Your own cost (unless We delivered the goods in error or if the goods are damaged or defective when delivered). The goods must be returned to the address shown below. You must take all reasonable care to ensure the goods are not damaged in the meantime or in transit.
Once You have notified Us that You are cancelling the Contract, We will refund or credit You within 30 days for any sum that has been paid by You or debited from Your credit card or other account for the goods.
If You are a Business Customer You may not cancel or suspend the Contract in whole or in part without Our prior written consent and if we give Our consent, subject to such terms and conditions as we may notify to You in writing.
If You are a Business Customer We may cancel any Contract with You by notice in writing to You and without any liability if Your account has been suspended and/or any of the events set out in clause 13 have occurred.
7. Risk and Title
a) Consumers - Where You are dealing as a consumer You will become the owner of the goods You ordered and responsible for risk of loss of or damage to them once they have been delivered to You.
b) Business Customers - Where You are a Business Customer risk in the goods shall pass to You immediately on delivery to You or into custody on Your behalf whichever is the sooner. Unless otherwise agreed in writing by Us delivery is deemed to take place when the goods are despatched.
Notwithstanding delivery and the passing of risk, property in and title to the goods shall remain in Us until We have received payment of the full price of (a) all goods the subject of the Contract and (b) all other goods supplied by Us to You under any other contract whatsoever.
Until property in and title to the goods passes to You and subject to Your right to deal with the goods in the ordinary course of business:
- You shall keep the goods properly stored, protected and insured and separate from all or any other goods whether belonging to Us, You or any third party;
- We shall be entitled at any time forthwith to revoke Your power to deal with the goods; and it shall automatically cease if an Insolvency Event shall occur in respect of You; and
- You shall not make any modification to the goods or their packaging or alter remove or tamper with any marks, numbers or other means of identification used on or in relation to the goods.
Upon termination of Your power to deal with the goods You shall place the goods at Our disposal and We and Our servants and agents are hereby irrevocably authorised without the need for consent of any third party but using only such force as may be necessary, to enter upon any of Your premises for the purpose of removing the goods.
If any goods You receive from Us are damaged, defective or incorrect You should notify Us in writing at the address, fax number or email address shown below and We will provide You with a replacement free of charge provided that You return the damaged, defective or incorrect item to Us within a reasonable time. This does not affect Your statutory rights.
This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by You or any third party, use otherwise than as recommended by Us, or failure to follow Our instructions.
9. Your information (Data Protection)
When You visit this Website or send e-mails to Us, You are communicating with Us electronically. We communicate with You by e-mail or by posting notices on the website. For contractual purposes, You consent to receive communications from Us electronically and You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. This condition does not affect Your statutory rights.
Where a digital item is downloaded from the Website You are granted a limited, non-exclusive, non-transferable, revocable license to download the item you have purchased to your computer or other compatible device.
You may only use this Website and the item for Your own personal use and not for any business-related purposes.
You may not and may not allow others to sell, transfer, sublicense, distribute, publicly perform, frame or create derivative works from this Website, the goods or any part thereof.
You may not and may not allow others to modify, decompile, reverse engineer, decrypt, circumvent or otherwise interfere with or alter the Website or the goods.
Samples of certain goods may be provided by Us which You may play directly from the Website free of charge. You may play as may of these samples as you like but You must not attempt (or allow others to attempt) to copy, download or otherwise interfere with these samples.
You are responsible for all use made of the goods purchased via the Website and We will not be responsible for any infringement of third party rights which arise as a result of Your use of the goods.
You shall not breach or attempt to breach the security of this Website. Without limiting the foregoing, You shall not:
a) access data or materials not intended for You;
b) log into a sever or account which You are not authorised to access;
c) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation. Beaches of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such breaches and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such breaches. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited.
You agree not to use this Website in any way that may cause the Website or access to the Website to be interrupted, damaged or impaired.
The Website may host reviews, feedback and comments from users. Any electronic communications and/or content you send to this Website must be for lawful purposes only. You are responsible for such content, which should not be malicious, defamatory, obscene, racist or designed to offend or to cause annoyance. In particular, such communications and content must not be illegal, abusive, threatening, indecent, defamatory or menacing. It must not breach copyright, trade mark, confidence or privacy rights, and must not consist of or include software viruses, political announcements, commercial solicitation or advertising, chain letters, mass mailings or "spam".
When dealing with this Website You must not use a false email address, impersonate any person or entity, or mislead the Website and its users as to the origin of any electronic communications or content.
Unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.
As a user of the Website You will need to set up and maintain an account on the Website. You are solely responsible for keeping your passwords, login details and other information including information relating to Your account and/or purchase confidential and secure at all times. You should notify us immediately if You become aware of any unauthorised access to Your account. In no event shall We be responsible for any loss you may suffer as a result of any misuse of Your account and/or passwords.
You agree to provide current, complete and accurate information required to complete Your account registration and at other times as may be required in the course of using this Website. You further agree to maintain and update Registration Data as required to keep it current, complete and accurate. If any information provided is false, incomplete or inaccurate, We may terminate your rights to use this Website. If the information You provide is fraudulent, You may also be subject to criminal and/or civil liability.
You will be responsible for installing adequate anti-virus software and related security protection to secure your computer systems when using the Website. We will not be responsible for any loss suffered as a result of Your failure to do so.
11. Copyright and Trade Marks
All content including pictures, designs, logos, photographs, text written and other materials on this Website are owned, controlled or licensed to Us. They are protected by copyright, trade marks and other intellectual property rights. Unauthorised use of this content is prohibited.
The trade marks, service marks, graphics and logos used in connection with this Website are Our trade marks or registered trademarks or those of Our licensors. You are granted no right or license with respect to any such trade marks or service marks and any unauthorised use is strictly prohibited.
12. Limitation of Liability
12.1 This clause 12 does not affect Your statutory rights if you are dealing as a consumer when purchasing the goods.
12.2 We shall not be liable to You in contract, tort (including without limitation negligence) and/or breach of statutory duty for any loss or damage which You may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of this Contract by Us, or Our agents, in a sum which is greater that the total price of the Contract.
12.3 We shall not be liable to You in contract, tort (including without limitation negligence) and/or breach of statutory duty for any loss of profits, business, goodwill, reputation, revenue or business opportunity whether direct or indirect and for any other indirect or consequential (including economic) loss of any kind which You may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of this Contract by Us or our agents.
12.4 Nothing in these Terms shall operate so as to:
- Exclude either party's non-excludable liability in respect of death or personal injury caused by its negligence or the negligence of its servants or agents; or
- Affect Your statutory rights where goods are sold to You and You are dealing as a consumer within the meaning of the Unfair Contract Terms Act; or
- Exclude the application of Section 12 of the Sale of Goods Act 1979; or
- Exclude liability for fraudulent misrepresentation.
12.5 We will not be held responsible for any delay or failure to comply with the obligations under these Terms if the delay or failure arises from any cause which is beyond Our reasonable control.
12.6 We do not warrant that the Website will operate error-free nor that the Website and its server are free of computer viruses. If Your use of the Website results in the need for servicing or replacing equipment or data, We are not responsible for those costs.
12.7 Save as set out in these Terms, We, to the fullest extent permitted by law, exclude all warranties, conditions and implied terms, including the warranty of satisfactory quality, non-infringement of third parties' rights, and the warranty of fitness for particular purpose.
13. Termination and Suspension (Business Customers Only)
Without prejudice to any rights and remedies available to Us, We shall be entitled, forthwith on written notice to You either to terminate the Contract wholly or in part and/or any other contract with You or to withhold performance of all or any of its obligations under the Contract and/or any other contract with You (and on the giving of such notice all monies outstanding from You to Us shall become immediately due and payable) if:
- any sum owing to Us from You on any account whatsoever shall be unpaid after the due date for payment (in which event We shall have a general lien for any such sum on all and any of Your property in Our possession);
- You shall commit or suffer an Insolvency Event; or
- You shall commit any breach of any contract (including without limitation the Contract) with Us.
In the event of a suspension of performance We shall be entitled, as a condition of resuming performance, to require pre-payment, or such security as We may require.
Insolvency Event means any one or more of (1) a notice being issued to propose a resolution for winding up or dissolution, or such a resolution being passed; (2) a petition for a winding up or an administration or bankruptcy order being presented, or such an order being made; (3) any steps being taken with a view to a voluntary arrangement or other assignment, composition or arrangement with all or any creditors or any moratorium, readjustment, rescheduling, forgiveness or deferral or all or any indebtedness; (4) suspension of payments to all or any creditors and/or ceasing business; (5) an encumbrancer taking possession of all or any assets of a party; (6) an administrator or receiver being appointed over a party or all or any of its assets; (7) any action anywhere similar or analogous to any of the foregoing; and (8) the other party having reasonable grounds for believing that any of the foregoing is imminent. For the avoidance of doubt if any of the foregoing occur in relation to a partner in any of the parties hereto it shall be deemed to occur in relation to that party.
14. Applicable law
The construction, validity and interpretation of these Terms and the supply of goods shall be governed in all respects by the laws of England and Wales. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the English courts and the parties waive any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inappropriate forum.
For the avoidance of doubt nothing in these Terms shall confer on any third party any benefit or the right to enforce any provision of these Terms.
The rights and remedies of each party in respect of these Terms shall not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time by one party to the other nor by any failure of or delay by a party in ascertaining or exercising any such rights or remedies.
The provisions of these Terms are severable and distinct from one another, and, if at any time any of the provisions is or becomes invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions shall not in any way be affected or impaired.
The headings in these Terms are for convenience only and do not affect the interpretation of the contract between us.
You shall not assign any benefit under the contract with us for the supply of the goods or the contract without Our consent in writing, which may be given on such terms as We think fit.
When ordering goods for delivery overseas You may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by You. Customs policies vary widely from country to country, so you should contact Your local customs office for further information. Also 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. Please be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
18. Contact details and Complaints
This Website is owned and operated by W.F. Howes Limited trading as Whole Story Audiobooks, Unit 5 St George's House, Rearsby Business Park, Gaddesby Lane, Rearsby, Leicestershire, LE7 4YH, company number 03662159.
You can contact Us by:
Fax: 01664 423 005
In the unlikely event that You are unhappy with Our goods or with Our service to You, please use these contact details to make Your complaint.