Welcome to Daphne Press. Thank you for choosing to visit us and join our community of book-lovers everywhere! We have tried to make these terms and conditions (“Terms”) as easy to understand as possible, but if you have any questions at all, please feel free to contact us at email@example.com.
ABOUT DAPHNE PRESS
Daphne Press is the publisher of a range of science fiction and fantasy titles. Our mission is to find refreshing new voices and breathe life into old favourites.
In these Terms, we refer to Daphne Press books, and all other items that we make available on our website (www.daphnepress.com, or other variations of that domain) (the “Website”), and/or at trade fairs and conventions, either on a one-off purchase or subscription basis, as our Products. These Terms govern your access to, use of, our Website, and all purchases and subscriptions of our Products so please read them carefully! These Terms are a legally binding contract between you and Daphne Press so you must not visit our Website or buy our Products if you don’t agree to them.
We may from time to time amend these Terms to ensure that we remain compliant with relevant laws and regulations or to keep you up to date with improvements or changes we might make the Products, services and experiences we can offer to you.
INFORMATION ABOUT US AND CONTACT METHODS
We are Daphne Press Limited, trading as Daphne Press, a company incorporated and registered in England and Wales with company number 13939946. Our normal place of business is at Mercury House, 19-21 Chapel Street, Marlow, Buckinghamshire, SL7 3HN (referred to as Daphne Press, we, our and us).
Our contact email address is firstname.lastname@example.org. If we need to contact you, we will do so by sending an email to you at the email address you provided to us in your latest order.
REGISTERING FOR A PERSONAL ACCOUNT
To order Products via the Website, we ask you to register for a personal account with us.
You can do this by following the instructions for registering one on the Website. Specifically, we ask you to provide at least your payment method details, first and last name, company name (if applicable), address, email address and telephone number, along with an account security password. We will use this information as your billing and shipping information for all orders that you make with us, and it is your responsibility to ensure this information is accurate. We will not be responsible to you in any way (financially or otherwise) if you do not receive Products you have ordered because you have provided us with inaccurate information. Any personal data that you provide us with during the registration process will be stored in our database and may not need to be re-entered with each new order.
Visitors to the Website may sign up to receive marketing information (such as newsletters) and product updates from us without registering for a full account.
You are responsible for maintaining the confidentiality of your password and email address and are responsible for all activities that are carried out under them. You agree to notify us immediately if you become aware or suspect any unauthorised use of your password or email address or any other of your personal account details.
PLACING AN ORDER FOR OUR PRODUCTS
When we refer to an ‘order’ in these Terms, we refer to any purchase of Product(s), whether on a subscription or one-off basis.
When you place an order, you should receive an acknowledgement email confirming that we have received your order. We, or our third-party payments provider, then carry out a standard pre-authorisation check to make sure there is enough money on the card in order to process your payment. We only accept your order once payment has been approved and we have debited the payment card. By submitting an order for Product(s) on our Website, you warrant that you are authorised to use the selected payment method. You must be over 16 to register for a personal account and make a purchase of any kind with Daphne Press, and if you are under 18 years old, you must have the express permission of your parent, guardian, or whoever is the registered card holder to make the purchase.
Once you have registered with us, please thoroughly check your order details before submitting an order as changes may not be able to be made to your order once it has been placed. You agree that we do not offer refunds or returns of Products after an order has been placed. In certain circumstances, we may be able to process changes to your order, but we reserve sole discretion as to whether we can or will do this. The general rule, subject to applicable laws, is that unless we say otherwise, you cannot change your order after it has been made.
If we are unable to accept your order, we will inform you of this by email and we will not charge you for the Products, or will refund you the full amount. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, or because a credit reference we have obtained for you does not meet our minimum requirements. You acknowledge that a refund of any amounts paid will be your only available remedy if we are unable to accept your order after it has been placed, and that in certain circumstances, any commissions already taken by our third-party payments providers may be deducted from your refund.
Orders for Products may be subject to extra security checks at our discretion. This may include confirmation of credit or debit card details and full address details. Please note that you must be legally authorised to make payments with your selected payment method. Where you believe an unauthorised payment has been made, please immediately contact your bank or other relevant authority and report this (although we cannot guarantee that your bank or other relevant authority will investigate). We will not deal with reports of unauthorised payments directly.
PRICE AND PAYMENT
The full price of our Products (including VAT or other equivalent sales tax and any shipping charges) will be shown before you finalise your purchase. We will provide you with an invoice on request.
Each order you make may include a charge for delivery. If your delivery is subject to a delivery charge, it will be shown to you as a separate charge on the delivery confirmation page before you confirm your order.
From time to time we may issue discount codes, for example as promotional offers via social media, to reward loyalty or to mark special occasions. Discount codes are offered entirely at our discretion and may be revoked at any time, even before the stated expiry date. We have a discount code box situated at the checkout page where codes can be applied. You may only redeem one code at a time so we advise you to choose the promotion best suited to your purchase. If you have any questions about the use of discount codes, then please contact us.
PROVIDING THE PRODUCTS
Before you finalise a purchase, you can select your preferred delivery option, and we tell you when the expected shipping date is for your Product on the relevant Product pages of the Website. We use tracked and untracked mail services, depending on the Product and we tell you which mail services we use on the relevant Product pages of the Website. If we are experiencing any delays, then we will use our reasonable efforts to communicate these to you.
Please note that we are not responsible for delays outside of our control. If our supply of the Products is delayed by an event outside of our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event and we will arrange for delivery as soon as possible after it. You will only be entitled to a refund if we confirm to you that we have not and will not be able to deliver the Product which you have ordered within a reasonable period of time.
A Product will be your responsibility from the time we deliver it to the address you gave us.
REFUNDS AND RETURNS
Our policy is that we do not offer refunds or returns on our Products, subject to any statutory cooling-off periods in force from time to time, and in the event that you need to return any Product to us, we do not cover the cost of return postage or shipping.
By exception, you may be entitled to a refund in the following circumstances:
- if you inform us and can clearly demonstrate in good faith that a Product received is damaged or defective, in which case you will be entitled to a replacement or, where we are unable to send or give you a replacement within a reasonable time, a refund of the relevant price;
- there is a risk that supply of the Product may be significantly delayed because of events outside of our control; or
- you are legally entitled to one by law.
If, for any reason we are required to refund you, you agree that any refunds may be subject to (a) you successfully returning the Product(s) to us at your own cost; (b) deductions for the cost of any items which are damaged; (c) deductions for any items which are lost or not returned; and (d) you being completely honest with us and acting in good faith at all times.
WARRANTY & LIABILITY
Our Products consist of and contain books and other merchandise which is created based on the stories, artwork and characters in those books. You hereby acknowledge that the authors or owners of the intellectual property of those books (“Authors”) will be in no way liable for any claim you may have or make in respect of Product defects, or our delivery of Products to you under these Terms. You agree that if you have any complaints related to these Terms, you will never direct them to any Authors. You agree that this is a contract between you and us, that the Authors will incur no liability of any kind for any claim you may have in relation to the Products or these Terms. You understand and acknowledge both that no Authors make any warranties as to any Products, and that the Authors are intended third-party beneficiaries of these Terms & Conditions.
We will use our best efforts for all merchandise to be recognizable as being based on the works of an Author. However, Daphne Press makes no representation or warranty for the likeness or resemblance of any items or artwork in our Products to the characters or stories or themes of the works of any Authors.
For fulfilled orders, we do not seek to restrict our liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents or for anything where it would be illegal to do so. Consumer laws in the UK mean that you have the right for Products delivered to you to be of satisfactory quality and fit for their intended purpose. Nothing in these Terms is intended to or will affect these rights.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable and direct result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this contract was made, both we and you knew it might happen.
We will not be responsible for:
- losses or damage not directly caused by our breach of these Terms;
- any Indirect losses which a consequence of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into these Terms, for example (but not limited to) loss of profits of opportunity, loss of business or loss of revenue;
- failure to make the Website available or to meet any of our obligations under these Terms where such failure is due to events beyond our reasonable control;
- where any damage or loss is a result of anyone under the age of 18 using our Products without adult supervision.
THIRD PARTY TERMS
If you receive the Products via any commercial, business or re-sale third party channel, we will have no liability to you for any such third party’s provision of the Products/ Services to you which will be entirely governed by the agreement between you and the third party.
COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website and/or the Products will remain at all times vested in Daphne Press or our licensors.
You are permitted to use (i) the material data and content from our Website, and (ii) the Products, only for your personal use. You may not otherwise copy, reproduce, transmit, publish, display, distribute, commercially exploit, use or create derivative works of (i) any material data and content on the Website or, (ii) any Product supplied by Daphne Press, without the express prior written permission of a formally appointed director of Daphne Press Limited.
You acknowledge that both we and Authors may be entitled to pursue you for damages and injunctive relief if you plan to use, or use the Products in any way for non-personal, non-recreational, commercial purposes.
Incidents affecting personal data that are likely to result in a risk to the rights and freedoms of data subjects will be reported to the data protection supervisory authority. We will also inform those concerned directly. These actions will be carried out without undue delay and where feasible, within 72 hours of becoming aware of it.
We try and keep the Website up and running at all times but cannot promise that this will always be the case. The Website is provided on an “as is” basis. We make no representations, warranties or guarantees of any kind regarding the availability or operation of the Website, or that it will be secure, uninterrupted or free of defects. Equally, we make no representations, warranties or guarantees of any kind regarding the availability of all of our Products, or the items comprising our Products. All orders are subject to availability.
Your access to the Website may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new functions, offerings or services. We will not be liable to you if for any reason the Website or any part of it is unavailable at any time or for any period.
UPDATES TO THE WEBSITE
From time to time, we may make updates to the Website. Depending on the update, you may not be able to use them until you have accepted any new terms or logged into an updated version.
WEBSITES WE LINK TO
The Website may link to other third party websites from which third party services can be obtained. Whilst we reasonably believe that these are reputable sources of such services, you acknowledge that these other websites are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of such third party services, and we do not accept any responsibility for their content, safety, practices or privacy policies. Essentially, we will do our best to ensure they are safe but you access any third party at your own risk.
We do everything we can to ensure that no part of the Website will contain or spread any viruses or other malicious code but this section explains how you can best protect your devices.
We recommend that you ensure that equipment used to access the Website runs up-to-date anti-virus software as a precaution, and you are advised to virus-check any materials downloaded from the Website and regularly check for the presence of viruses and other malicious code.
To the full extent permitted by law we exclude liability for damage or loss of any kind caused by viruses or other harmful components originating or contracted from the Website.
NO RELIANCE ON INFORMATION
All information published on or via the Website is provided in good faith and for general information purpose only. We make no warranties about the completeness, reliability, or accuracy of such information. Any action you take based on such information is taken at your own risk.
OTHER IMPORTANT TERMS
Assignment and other dealings: You may not transfer your rights or your obligations under these Terms without our prior written consent.
Waiver: If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Severance: Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are invalid, illegal or unenforceable, the remaining paragraphs will remain in full force and effect.
Offline sales: We may make Products available for purchase offline, for example at certain conventions or trade fairs. In those cases, these Terms will only apply to the extent they are applicable to in-person retail purchases.
Competitions: You may be able to enter Daphne Press prize competitions if you have purchased one of our Products. Details of those competitions will be communicated to you separately, but you agree that these Terms will apply to Products received by you through a competition, insofar as they are applicable.
Third Party Rights: The is a contract between you and us. No other person shall have any rights to enforce any of its terms, except that you acknowledge that any breach by you of the section entitled ‘COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS’ may also be actionable by an Author.
Governing Law/ Jurisdiction: These Terms are governed by English law and the English courts have exclusive jurisdiction to handle any disputes relating to them. If you have a complaint, you must in the first instance contact us at email@example.com so that we can try and resolve your issue as best we can.