Terms and Conditions
1. Definitions and Interpretation.
1.1. In these conditions:-
“Contract” means any contract for the sale of goods between you and us only into which these terms and conditions are incorporated;
“thebookexhange51” means our presence on Ebay;
“we” means thebookexchange51 and, where applicable, its officers, employees and authorised agents; “us” and “our” shall be construed accordingly; and
“you” means the customer and any business (“your business”) with which you are associated or act on behalf of and “your” shall be construed accordingly.
1.2. The headings in these conditions are for convenience only and shall not affect their interpretation
1.3. All rights expressly reserved by or governed to us by these Conditions shall be without prejudice to any other rights which we may have from time to time
1.4 The context of ‘Contract’ for these Terms and Conditions relates to the sale of goods between you and us i.e. the book exchange51. thebookexchange51 will accept no responsibility or liability at all and would refer you to section 10. Exclusions and limitations: for a full explanation of this section, 1.4.
2. Our Contract.
By visiting Ebay to purchase goods, you agree to be bound by the following terms and conditions. You may not purchase goods from thebookexchange51, via Ebay, if you are under the age of 18 or you are not able to form legally binding contracts.
3. Payments.
You agree that the accepted method of payment is via PayPal only. Cheques or cash will not be an accepted as methods of payment.
4. Orders.
Once full payment has been received by PayPal, we will post your order to the address provided on the PayPal Invoice. The acceptance of your order brings into existence a legally binding Contract.
5. Our promises.
We will:-
5.1. Exercise reasonable care concerning the information displayed relating to the goods offered for sale
5.2. Take the steps to endeavor the security any personal data you give us.
6. Price.
6.1. The prices payable for goods that you order are as set out on Ebay and confirmed by the invoice you receive from PayPal.
6.2. All prices displayed on our Ebay Shop are exclusive of postage and packing (if shown as 'Free Postage' is incorrect due to an administration error)the cost of postage and packing is displayed seperately and, is for delivery by The Royal Mail 2nd Class. It might not be possible for us to deliver goods to some locations in which event we will notify you and provide a full refund. Elsewhere we may display the cost of the item then plus postage and packing but these stated terms and conditions still apply.
6.3. The provider of the payment system may deduct a small charge for the use of their service.
7. Taxes.
We have made every effort to make clear whether the quoted prices for goods include any relevant tax or duty or do not. Where in any case it is not clear please note before you make an order that you might be required to bear a liability to tax or duty (for example VAT - value added tax) imposed by operation of law that is in addition to the price.
8. Credit Card Security.
8.1. Our service provider PayPal uses a secure server to prevent any person from gaining access to your credit card information whilst it is being transmitted across the internet.
8.2. If you discover that goods have been ordered using your credit card details, in circumstances where you had not agreed to or authorised this, then (provided you have not, through failure to take reasonable care, allowed an unauthorised person to gain access to your credit card details, purchaser ID or password) you will inform your credit card company of the unauthorised purchase as soon as you discover it; and
8.3. You co-operate with your credit card company and, if necessary, the police in relation to the unauthorised use.
9. Delivery of goods to you.
9.1. The goods ordered by you, we will deliver following confirmation of a payment received by PayPal, to the mailing address stated on the PayPal invoice.
9.2. The ordered goods will be posted within 2 to 3 working days and in any event within 30 days of your order.
9.3. You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
10. Exclusions and limitations.
10.1. We do not represent or warrant the following:
• that access to us via Ebay, will be uninterrupted, reliable or fault free
• that the description of goods for sale will be accurate, complete or reliable
• that any goods (whether or not provided by us) will be of merchantable quality, complete or will be fit for any purpose.
10.2. To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
10.2.1. Any technical, factual, textual or typographical inaccuracies, errors or omissions on Ebay;
10.2.2. The unavailability of the Ebay site (or any part of it) or goods;
10.2.3. Any delay by us in providing, or failure to provide or make available, goods or any negligent provision of goods;
10.2.4. Any goods not being of merchantable quality or fit for their intended purpose.
10.3.Our maximum liability to your business in respect to goods we make available to you through the Ebay site will be to the value of the goods ordered on behalf of your business during the year in which the liability arose. You agree that we shall have no liability for indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property.
10.4. You agree that each of these limitations is reasonable and in particular when you purchase goods offered by us on Ebay.
10.5. None of the exclusions or limitations in this clause shall exclude or restrict our liability for death or personal injury caused by our negligence.
10.6. None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such cases our obligation, where permitted by law, will be limited to the re-supply of goods to you or a refund to the value of the goods.
10.7. Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
11. Links to other sites.
If any links are provided it is for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website.
12. Liability.
12.1. If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, please refer to our Returns Policy.
12.2. If you do not receive the goods ordered by you within 30 days of the date on which you ordered them, you should contact us at service@bookexchange.co.uk
12.3. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question as per our Returns Policy.
12.4. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods. The importation or exportation of certain goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
12.5. Notwithstanding the foregoing, nothing in these terms and conditions is extended to limit any rights you might have as a consumer neither under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
13. Cancellation by us.
13.1. We reserve the right to cancel the order if:
13.1.1. We have insufficient stock to deliver the goods you have ordered;
13.1.2. We do not deliver to your area; or
13.1.3. One or more of the goods you ordered was listed at an incorrect price due to a typographical error.
13.2. If we do cancel your order we will notify you by e-mail and will re-credit to your account any sum deducted by PayPal as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
14. Variations.
We reserve the right at any time without notice to revise the description of the goods offered for sale and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to access us through Ebay, following any such change, you will signify that you agree to be bound by the revised terms and conditions of use.
15. Notices.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at 14 Matthew Road Aldershot Hampshire GU11 3BL and all notices from us to you will be displayed on our website from time to time.
16. Events beyond our control.
We shall have no liability to you for any failure to deliver goods you have ordered, or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
17. Invalidity.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
18. Third party rights.
Except for our affiliates or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
19. Entire agreement.
These terms and conditions set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said, written by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
