Terms of service
IMPACT BOOKS - TERMS AND CONDITIONS
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Our complete terms and conditions are contained below, but some important points for you to know before you make an order are set out below:
Our contact details: Impact Books Ltd, a company registered in England and Wales, with company registration number 14459770. Geographical address: 86-90 Paul Street, London, England, EC2A 4NE Email address: support [at] impactbooks.co |
[1] These Terms
[1.1] What these Terms Cover: These Terms contain the terms and conditions on which we supply the Products to you.
[1.2] Please read these Terms carefully before you accept these Terms by ordering Products from us. These Terms tell you who we are, how we will provide the Products to you, how you and we may change or end these Terms, what to do if there is a problem with the Products and other important information. If you think that there is a mistake in these Terms or require any changes to these Terms, please contact us to discuss (using our contact details above).
[1.3] How to tell us about problems: If you have any questions or complaints about the Products, please contact us to discuss using our contact details above. You can telephone our customer service team on write to us by email.
[2] Introduction
(a) This website (Site) is operated by Impact Books Ltd, a company registered in England and Wales, with company registration number 14459770 (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products (Products) through the Site.
[3] Use of the Site
(a) You accept these Terms by placing an order via the Site.
(b) You must not use the Site and/or place an order for Products through the Site unless you are at least 16 years old.
(c) When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
(1) anything that would constitute a breach of an individual’s privacy or any other legal rights;
(2) using the Site to defame, harass, threaten, menace or offend any person;
(3) using the Site for unlawful purposes;
(4) interfering with any user of the Site;
(5) tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
(6) using the Site to send unsolicited electronic messages;
(7) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(8) facilitating or assisting a third party to do any of the above acts.
[4] Orders and Promotion Codes
(a) We provide our Products on behalf of charities and other organisations that wish to provide books to individuals for free (Our Clients). In order to facilitate this service to Our Clients, we provide them with promotion codes that they may give to you (Promotion Code).
(b) We only accept orders by way of Promotion Code. If you try to pay for a Product through our Site, we will let you know and refund you the money paid and you will not be entitled to the Product.
(c) You may order Products from us as set out on the Site using a Promotion Code that you have been given at the time of submitting your order.
(d) Promotion Codes do not have a monetary value and cannot be sold or redeemed for cash and are non-transferable.
(e) Promotion Codes are only valid for the period and for the Products agreed between us and Our Client. If you have any questions regarding the validity period of, or the Products included in, a Promotion Code, you should ask the party that gave it to you. Promotion Codes cannot be used after the date of expiration.
(f) Failure to use a Promotion Code according to these Terms, including but not limited to, publication or selling of a Promotion Code or obtaining the Promotion Code through an unauthorised channel, is prohibited and may constitute fraud. A Promotion Code will not be accepted if the code is invalid or does not match the code on our system. If we become aware, or have reason to suspect, that you are fraudulently obtaining or misusing Promotion Codes and/or have breached these Terms, we may cancel all orders made by you using the Promotion Code. Our decision is final in all matters relating to a Promotion Code.
(g) We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. All orders made through the Site are subject to availability. We do our best to keep Products in stock and to keep the Site up to date with the availability of Products.
(h) It is your responsibility to check the order details, including selected Products and delivery details, before you submit your order through the Site.
(i) Once you have made an order through the Site, we will provide you with a confirmation email.
(j) We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including, and without limiting your rights under the Consumer Rights Act 2015, where there is a considerable delay in dispatching your order, if for any reason we cannot supply the Products you order (for example for an event beyond our reasonable control) or if the Products ordered were subject to an error on our Site (for example in relation to a description or image). We will contact you using the details you provided when you placed your order and let you know.
[5] Supply of the Products
(a) In consideration of your acceptance of these Terms, we will provide the Products in accordance with these Terms and all applicable laws, whether ourselves or through our personnel.
(b) We warrant to you that the Products will be provided using reasonable care and skill.
(c) Except as required by law, we do not accept returns or exchanges for change of mind.
[6] Delivery, title and risk
(a) Where possible, we will deliver the Products to the delivery address you provide when making your order. We currently deliver to areas as set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.
(b) We will provide you with an estimated delivery window at the time of order.
(c) Title and Risk in the Products will pass to you when the Products have come into your physical possession, except where you have arrangement for delivery by a carrier (not named as an option by us) yourself, in which case, risk in the Products will pass to you on delivery to the carrier. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the Products.
[7] Limitations on and exclusions to our liability
(a) The restrictions on liability in this clause 7 apply to every liability arising under or in connection with these Terms including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise.
(b) Nothing in these Terms limits any Liability which cannot legally be limited, including Liability for:
(1) death or personal injury caused by negligence;
(2) fraud or fraudulent misrepresentation;
(3) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and
(4) defective products under the Consumer Protection Act 1987.
(c) Subject to clauses and 7(b) (liability which cannot legally be limited), but despite anything to the contrary, to the maximum extent permitted by law:
(1) we only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for liability involving any loss of profit, loss of business, business interruption, or loss of business opportunity; and
(2) a party’s liability for any liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party, including any failure by that other party to mitigate its loss.
(d) Subject to clause 7(b) (liability which cannot legally be limited), but despite anything to the contrary, if either Party fails to comply with this Agreement, neither Party will be responsible for any losses that the other Party suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with this Agreement.
(e) We have given commitments as to the compliance of the Products with these Terms and applicable Laws in clause 5. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the maximum extent permitted by law, excluded from these Terms.
(f) Without limiting your rights under the Consumer Rights Act 2015, but despite anything else to the contrary, the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
[8] Intellectual property
(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the Products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
(b) We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.
(c) must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity.
(d) You must not, without our prior written consent:
(1) copy, in whole or in part, any of Our Intellectual Property;
(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(3) breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
(e) Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
(1) you do not assert that you are the owner of Our Intellectual Property;
(2) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
(3) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
(4) you comply with all other terms of these Terms.
[9] General
(a) Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.
(b) Disputes: Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the Law Society of the United Kingdom via their website at https://www.lawsociety.org.uk/en. The Law Society of the United Kingdom will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
(c) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
(d) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
(e) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
(f) Entire agreement: Subject to your rights under the consumer law rights, the Terms contain the entire understanding and agreement between you and us in respect of their subject matter. Each Party agrees that it will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
(g) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
(h) Governing law: These Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in the UK and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of the UK. If you access the Site from outside the UK, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.
(i) Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase products from a third party website linked from the Site, such third party provides the products to you, not us.
Last update: 28 December 2022
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