Terms and Conditions of Sale
These Terms will apply to any contract between us for the sale or supply of Products to you (each a ‘Contract’). Where we refer to a 'sale' or 'supply' in the context of an eBook Product we use such phrases to refer to the sale or supply of a licence to you to use the eBook Product in accordance with these Terms.
Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent authorised access to your account. You agree to accept responsibility for all activities that occur under your account and/or password. You must take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
We amend these Terms from time to time as set out in clause 6.1. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These terms were most recently updated on 28th February 2017.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We are HarperCollins Publishers Limited, a company registered under company number SC027389 and with our registered office at Westerhill Road, Bishopbriggs, Glasgow, G64 2QT, United Kingdom. Our VAT number is GB259 6397 06.
1.2 To contact us, please see our Contact Us page.
2. OUR PRODUCTS
2.1 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if any Product you have ordered is not available and in that event we will promptly inform you by email to let you know and we may have to cancel your order (or that part of the order which relates to a Product which is out of stock).
2.2 Each Product sold or supplied by us is subject to our and/or our author’s and licensor’s intellectual property and other proprietary rights including, but not limited to, copyright, registered and unregistered trade mark rights, rights in designs and database rights. Without prejudice to paragraph 2.3 below and the express terms of any notices or end user licence terms contained in or supplied with the relevant Product, all intellectual property and other rights in the Products are reserved by the relevant rights holder absolutely and no Product nor any part thereof may be used, reproduced, distributed, transmitted, communicated to the public or otherwise exploited by you in any way without the express prior written permission of the relevant rights owner.
2.3 In the case of eBook Products, except as otherwise provided below, you are granted a limited licence to download a single copy of an eBook in EPUB format to an installed reader on your computer, tablet or mobile device for use by a single user of that device at any time, subject always to the following conditions:
(a) the eBook is not distributed, broadcast or transmitted over any network or by other communications method or otherwise communicated to the public;
(b) the eBook is used for personal, non-commercial purposes only;
(c) the eBook is not copied or modified in any way;
(d) no copyright, trade mark or other proprietary notices contained in the eBook are removed, obscured or otherwise amended.
The above licence is personal to you and may not be transferred or sub-licensed to any third party.
2.4 All eBooks supplied through our site are supplied in EPUB format and are secured using Adobe® Digital Experience Protection Technology (ADEPT) digital rights management (“DRM”) software. You agree not to violate, circumvent, reverse engineer, decompile, disassemble, or otherwise tamper with any element of any eBooks supplied to you or any DRM applied to it or to assist any other person to do so.
2.5 In order to manage eBooks purchased from our site and to transfer them between your devices it will be necessary to download and install Adobe® Digital Editions software, the use of which is subject to separate licence terms and conditions. In accordance with the Adobe® Digital Editions licence terms and conditions in force at the date on which these Terms were last updated, eBook Products purchased from our site may be downloaded to up to six devices with the same Adobe ID. For the avoidance of doubt, the terms of clause 2.3 above shall apply to each copy downloaded using the same Adobe ID.
2.6 You agree that you will abide by all of the Adobe® Digital Editions licence terms and conditions as are in force from time to time. We are not responsible for and have no control over the Adobe® Digital Editions licence terms and conditions.
3. USE OF OUR SITE
Your use of our site is governed by our Terms and Conditions of Website Use. Please take the time to read these, as they include important terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
5. HOW A CONTRACT IS FORMED BETWEEN YOU AND US
5.1 For the steps you need to take to place on order on our site, please see the ‘Shopping With Us’ section of our FAQs page
5.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
5.3 By placing an order this does not mean that we have accepted your order for Products nor that the Products are in stock. A Contract between us will only be formed between you and us when we send you an e-mail confirming that we have received and have accepted your order (each an “Order Confirmation”). Please note that our sending of an Order Confirmation will also be subject to us having received payment of the price for the Products ordered and associated delivery charges.
5.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, we will inform you of this by e-mail and we may cancel the Contract for that Product. If you have already paid for the Product(s), we will refund you the amount paid for the relevant Product(s) as soon as possible.
5.5 Where you have ordered more than one Product and we are not able to deliver the whole of your order at any one time due to an operation reason or stock shortage, we may choose to deliver the order in more than one package. Where we do this we will not charge you extra delivery costs.
The following clauses 5.6 to 5.8 apply to non-eBook pre-paid subscription plans only
5.6 Our pre-paid subscription plans are only available to customers who are over the age of 18, residents of the UK and who request delivery to an address within the United Kingdom. The titles in your subscription will be pre-selected by our Editors and cannot be changed, swapped or replaced.
5.7 When you place an order for a pre-paid subscription plan, we will send you an Order Confirmation confirming the plan that you have selected. The Contract for your pre-paid subscription plan shall be formed when we send you the Order Confirmation. For the avoidance of doubt, our pre-paid subscription plans do not automatically renew.
5.8 From time to time, we may make you aware of additional Products that you may be interested in based on your chosen pre-paid subscription plan. In the event that you place an order for any additional Products that are not included in your pre-paid subscription plan, we shall send you a separate Order Confirmation for the relevant Product(s) and a separate Contract shall be formed at that time. Bonus Book points are only applicable to customers based in the UK
The following clause 5.9 applies to pay monthly subscription plans for Products that are not eBooks only
5.9 Our pay monthly subscription plans are only available to customers who are over the age of 18, residents of the UK and who request delivery to an address within the United Kingdom. The titles in your subscription will be pre-selected by our Editors and cannot be changed, swapped or replaced.
5.10 In the event that you have placed an order for our pay-monthly subscription plans, your Order Confirmation e-mail shall confirm the total monthly cost for the subscription plan ordered. The Contract for the first order in your monthly subscription plan will be formed when we send you the first Order Confirmation.
5.11 You may alter or cancel future orders in your monthly subscription plan at any time by calling our Customer Services telephone line from UK on 01413063232 or by returning a completed copy of the relevant notice enclosed with a delivery of Products. We will send you an Order Confirmation e-mail each month with details of your order for that month at which point the Contract between us for that month’s subscription will be formed. This does not affect your statutory right to cancel an individual Contract placed as part of your monthly subscription plan as set out in Clause 7.3 to 7.9 below.
5.12 We reserve the right to suspend or cancel your pay monthly subscription plan in the event that you have either failed to pay for or return any Products delivered to you in accordance with a Contract between us. More detail regarding the payment terms of Contracts formed between us in accordance with a pay monthly subscription plan are set out at Clauses 11.3 to 11.4 below.
The following clauses 5.13 to 5.16 apply to pay monthly eBook subscription plans
5.13 Our pay monthly eBook subscription plans are only available to customers who are over the age of 18 and who may legally make purchases with a credit card.
5.14 As part of the process of placing your first pay monthly eBook subscription plan order, you will be asked to provide details of the credit card from which all future monthly payments are to be made and to make a ‘1p authorisation transaction’ to enable our payment provider to store your credit card details. Once we have received your order, we will issue an Order Confirmation e-mail at which point the Contract between us for the first order in your pay monthly eBook subscription will be formed. The eBooks ordered in your first pay monthly eBook subscription plan order shall be made available to download from your eBookshelf on the first day of the following calendar month after you placed your order.
5.15 Subsequent pay monthly eBook subscription orders will be processed on the first day of every calendar month. You may vary the number of eBooks that you wish to order in each month of your subscription by varying the number of titles selected by using My Account up to 23:59 (local time, London, England) on the last day of the preceding calendar month and the payment due for the relevant order may vary if you do decide to add or remove titles. We shall deduct the relevant payment from your registered credit card and issue an Order Confirmation on the first day of each calendar month confirming the eBooks that you have ordered and which will be available for download from your eBookshelf, at which point the Contract between us for that month’s subscription shall be formed.
5.16 Without prejudice to your statutory right to cancel a Contract for eBooks as set out in clause 7.10 below, if you do not wish to place any further pay monthly eBook subscription orders you must visit MyAccount and select your eSubscription from the left hand navigation, in the ‘Subscription Summary’ tab thiere is a link called ‘Cancel my esubscription’. If you do this, we shall not take any further payment from your registered credit card. However, we will retain your details for up to 90 days, during which time you will be able to place further pay monthly eBook subscription orders. If you do not place a further order within that period, you will need to re-subscribe to a new pay monthly eBook subscription plan in order to place further orders.
6. OUR RIGHT TO VARY THESE TERMS
6.1 We may revise these Terms from time to time. The date on which these Terms were last updated is indicated at the top of this page.
6.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
7. YOUR CONSUMER RIGHT OF CANCELLATION AND REFUND
7.1 We are legally obliged to supply the Products as they are described. As a consumer, you will always have legal rights in relation to a Product that is faulty or not as described. Those legal rights are not affected by any of the terms of this clause 7 or any of these Terms.
7.2 As a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in either clause 7.3 or clause 7.10 below. This means that if you change your mind or for any other reason you decide you do not want to keep a Product during the relevant period, you can notify us of your decision to cancel the Contract and receive a refund.
The following clauses 7.3 to 7.9 do not apply to orders for eBooks (in relation to which see clauses 7.10 to 7.14) and the term ‘Products’ where used in this clause 7 shall be interpreted accordingly.
7.3 Your legal right to cancel a Contract starts on the date that we send the Order Confirmation (which is when the Contract between us is formed) and, except in the case of a Contract for a pre-paid subscription plans, ends on the day 14 (fourteen) calendar days after the day on which you receive the Product or, in the case of a Contract covering a number of Products, the day on which you receive the last Product covered by that Contract. In the case of a Contract for pre-paid subscription plan, your right to cancel ends on the day 14 (fourteen) calendar days after the day on which you receive the first delivery of Products covered by the relevant plan.
7.4 To cancel a Contract, please do so by sending an e-mail to email@example.com, sending a letter to Mills & Boon Bookclub, Westerhill Road, Bishopbriggs, Glasgow, G64 2QT or by calling our Customer Services telephone line on 01413063232 from the UK. Please clearly state the order number set out in the relevant Order Confirmation in any cancellation notification that you send through to us. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
7.5 If you do choose to cancel a Contract, subject to clauses 7.6 and 7.9 below you will receive a full refund of the price you paid for the Product(s) and any applicable delivery charges you paid for it/them. We will process the refund due to you without undue delay and, in any case, within 14 (fourteen) calendar days of the day on which we receive the Product(s) back from you or (if earlier) your providing evidence to us that the Product(s) have been sent back to us. If you returned the books to us because they were faulty or mis-described, please see clause 7.6.
7.6 We reserve the right to make a deduction from any refund of the price paid for a Product in accordance with clause 7.5 above in the event that the condition of the Product has been altered by you following delivery such that Product is no longer in ‘as new’ condition (including where the Product or its packaging or any seal or film wrapper around a Product has been damaged, broken or removed).
7.7 If you have returned the Product(s) to us under this clause 7 because they are faulty or mis-described, we will refund the price of a defective Product(s) in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
7.8 Any refunds will be made using the initial method of payment and any orders placed by credit or debit card will be refunded to the same credit or debit card used for payment.
7.9 If the Product(s) has/have already been delivered to you:
(a) you must return the Product(s) to us as soon as reasonably practicable and in any event within 14 (fourteen) calendar days after the day on which you send the notice of cancellation to us;
(b) unless the Product(s) are faulty or not as described (in this case, see clause 7.7), you will be responsible for the postage and packaging of any book you return;
(c) you must keep the Product(s) in your possession until they are dispatched back to us and take reasonable care of the Product(s) while they are in your possession.
The following clauses 7.10 to 7.14 apply to orders for eBooks only
7.10 Unless clause 7.11 below applies, you have a legal right to cancel a Contract for the supply of an eBook within 14 (fourteen) calendar days of the date that we send the Order Confirmation (which is when the Contract between us is formed).
7.11 Your right to cancel a Contract for the supply of an eBook will automatically end once you commence download of the eBook from your eBookshelf in MyAccount. Once the download has commenced, eBooks cannot be returned or exchanged and refunds are not available. If you experience a problem with an eBook, please contact us by either sending an e-mail to firstname.lastname@example.org; by sending a letter to Mills & Boon Bookclub, Westerhill Road, Bishopbriggs, Glasgow, G64 2QT; or by contacting our Customer Services telephone line on 01413063232 from the UK.
7.12 To notify us that you wish to cancel a Contract for the sale of an eBook you can use any of the methods referred to in clause 7.4 above.
7.13 If you choose to cancel a Contract for the sale of an eBook or eBooks, you will receive a full refund of the price you paid for the eBook(s). We will process the refund due to you without undue delay and, in any case, within 14 (fourteen) calendar days of the day on which we receive your cancellation notification. Any refunds will be made using the initial method of payment and any orders placed by credit or debit card will be refunded to the same credit or debit card used for payment.
7.14 If you wish to download an eBook, your service provider may charge you global roaming or other internet charges. Please ensure that you check any applicable rates or charges that may be applied by your service provider prior to downloading any eBooks. We accept no responsibility for any charges you may incur from your service provider when downloading your eBook.
The following clauses 8.1 to 8.4 do not apply to orders for eBooks
8.1 Details of our UK and International delivery options which are available here http://www.millsandboon.co.uk/Delivery-and-returns .
8.2 Your order will be fulfilled by the estimated delivery date set out in the Order Confirmation, unless there is an Event Outside Our Control (which has the meaning set out in Clause 13.2 below). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date. The time for delivery of Product(s) is not of the essence.
8.3 Delivery will be completed when we deliver the Product(s) to the address you gave us.
8.4 The Product(s) will be your responsibility from the completion of delivery.
8.5 You own the Product(s) once we have received payment in full, including all applicable delivery charges.
The following clause 8.6 only apply to orders for eBooks
8.6 Delivery of eBooks will be deemed to have taken place as soon as download of the relevant eBook has been commenced.
9. INTERNATIONAL DELIVERY
This Clause 9 does not apply to orders for eBooks
9.1 We currently accept orders for individual Products with a delivery destination in all countries of the world that are outside the United Kingdom other than Nigeria, Somalia or Zimbabwe (each an “International Delivery Destination”). We currently do not offer our subscription-based order services for delivery to International Delivery Destinations.
9.2 If you order Products from our site for delivery to an International Delivery Destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination and for which you shall have the sole responsibility to pay. Please note that we have no control over these charges and we cannot predict their amount. Please contact your local customs office for further information before placing your order. Without prejudice to your legal right to cancel a Contract (see Clause 7 above), in the event that we are notified that you have refused to pay any application import duties and/or taxes or otherwise failed to do so within an applicable period, you agree that we shall be entitled to consider the relevant Contract has been cancelled by you. In such an event, we shall refund to you the amount paid by you for the relevant Product(s) within 14 (fourteen) calendar days of the day on which we receive the Product(s) back.
9.3 You must comply with all applicable laws and regulations of the country for which the Products are destined and we will not be liable or responsible if you contravene any of them in any way.
10. PRICE OF PRODUCTS AND DELIVERY CHARGES
10.1 The prices of Products will be quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time that the relevant information was entered onto the system. However please see clause 10.5 for what will happen if we discover an error in the price of Product(s) you ordered.
10.2 All prices are inclusive of legally applicable VAT.
10.3 The price of a Product does not include delivery charges (where applicable). Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery and returns page http://www.millsandboon.co.uk/Delivery-and-returns. The delivery charges applicable to any order you make will be notified to you at the time that you place the relevant order.
10.4 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If an error in the price of a Product that you have ordered and paid for is brought to our attention, where the Product's correct price is less than the price stated on our site we will reimburse any additional amount paid over the correct price.
11. HOW TO PAY
11.1 We accept payments made using the following cards: Visa, Visa Debit, MasterCard and Solo. We also accept payment by Paypal, except in relation to subscription purchases.
11.2 Except in the case of Products supplied as part of a non-eBook pay monthly subscription plan, payment for Products and all applicable delivery charges is in advance and shall be debited at the point that you place your order.
11.3 You can only pre-order paperback versions of our titles from our website.
The following clause 11.4 applies to non-eBook pay monthly subscription plans only
11.4 Payment for Products supplied in accordance with a non-eBook pay monthly subscription plan Contract is due within 14 (fourteen) days of delivery of the relevant Products to you, unless you notify us that you wish to cancel the relevant Contract and return the relevant Products to use.
11.5 In addition to the payment methods referred to in Clause 11.1 above, we also accept payment for pay monthly non-eBook subscription plan purchases by Direct Debit, cheque and postal order. We will provide further details of how to arrange payment by these alternative methods on request. In the event of late payment we reserve the right to add a late payment charge of £10 to your account. In the event of non-payment where you have not cancelled the relevant Contract and returned the Products to us, we reserve the right to levy a third party collection charge of not less than £2.50 and not more than £10.00 in the event that we must arrange for collection of the relevant Products from you.
12. OUR LIABILITY TO YOU
12.1 In the event of our breach of the Terms, we shall only be liable to you for any loss or damage that you may suffer that is a foreseeable result of our breach. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
12.2 To the extent permitted by law, our liability to you for any breach of these Terms shall be limited to the value of any Contract or Contracts to which such breach relates.
12.3 We only supply Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.4 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979;
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979; and
(e) defective products under the Consumer Protection Act 1987.
13. EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2.
13.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our ability to deliver Products to you, in accordance with the estimated delivery date set out in an Order Confirmation we will arrange a new delivery date with you after the Event Outside Our Control is over. In the event that we consider, in our absolute discretion, that an Event Outside of Our Control which prevents our ability to perform our obligation under Contract is not likely to end within a commercially reasonable period of time, we reserve the right to cancel the relevant Contract.
14. COMMUNICATIONS BETWEEN US
14.1 When we refer, in these Terms, to "in writing", this will include e-mail
14.2 If you wish to contact us in writing for any reason, you can send this to us by e-mail (email@example.com) or by pre-paid post to Mills & Boon Bookclub, Westerhill Road, Bishopbriggs, Glasgow, G64 2QT.
14.3 You also contact us Monday to Friday between the hours of 8:30 am to 5:30pm using our Customer Services telephone line on 01413063232 from the UK except on public holidays in the United Kingdom, when our offices are closed.
14.4 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
15. OTHER IMPORTANT TERMS
15.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
15.2 Each Contract is made between you and us. No other person shall have any rights to enforce any of its terms.
15.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.5 These Terms, all Contracts and any dispute arising out of or in connection with either of them are governed by English law and shall, without prejudice to clause 15.6 below, be subject to the non-exclusive jurisdiction of the Courts of England and Wales.
15.6 Nothing in these Terms shall prevent our right to bring proceedings before any Court or other tribunal of competent jurisdiction for injunctive relief preventing the infringement of our intellectual property rights.