Terms and Conditions
THE FOLLOWING CONTAINS THE TERMS AND CONDITIONS ON WHICH Aardvark Books Ltd whose Registered Office is situated at The Bookery, Manor Farm, Brampton Bryan, Nr Bucknell, Shropshire SY7 0DH ('the company') offers you access to its web site and to any other services it may offer. Use of Aardvark Books's web site ASSUMES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
If you ('the Buyer') have any queries about our terms and conditions or any other query please contact us. We may amend the terms and conditions on which we offer you access to our services. Any amended terms and conditions will be posted on our web site and the date of posting to our web site specified. The amended terms and conditions will automatically become the terms and conditions on which we offer you access to our services 30 days after the date of posting to our web site. These terms and conditions were created on 1st January 2007.
1. Eligibility to use our services
Use of our web site and services is available only to Private and Trade Buyers. A Trade Buyer means an individual, corporation or partnership who buys books for re-sale.
Use of our web site is only available to Minors with the permission and supervision of a responsible adult. A Minor is a person under 18 years of age.
2. Applicability of Conditions
These conditions shall be deemed to be incorporated in and shall govern all contracts (whether in writing or otherwise) between Aardvark Books Ltd and you the buyer for or in relation to the supply of Goods and/or Services by Aardvark Books Ltd.
3. No charges or fees for buyers viewing the Aardvark Books web site
There are no registration charges or fees for buyers viewing our web site. Payments are due to Aardvark Books Ltd only if you make an order and it is accepted by Aardvark Books Ltd and goods are despatched to you. You are responsible for all hardware, software, services and other costs whatsoever incurred in making offers to buy, or to bid on books, or to access or use our server.
4. Buyer Registration
If you are a Trade Customer then in order to use our web site and qualify for a trade discount you must register with us by providing us with Buyer Information. Buyer Information means the information you provide to us during registration or subsequently.
5. Offers for sale by Aardvark Books Ltd
All advertisements posted on our web-site offering books for sale or special offers made by Aardvark Books Ltd are subject to availability.
Prior to the acceptance by Aardvark Books Ltd of your order, no quotation or web site listing constitutes an offer and any quotation or web site listing may be withdrawn or revised at any time.
Prices for goods posted to the web site by Aardvark Books Ltd maybe subject to variation and may be increased at any time, although once an order has been received from you, you will be informed of any changes in price prior to the order being accepted by Aardvark Books Ltd and the goods being invoiced to you.
Unless otherwise stated prices are exclusive of VAT, other duties and taxes.
7. Minimum Wholesale Order Value
The minimum wholesale order value is £50.00 net. Orders for this value and above will receive free delivery in the UK. Overseas orders need to pay shipping from the UK onwards. Orders from Trade customers for less than £50.00 will receive 10% discount and will have to pay a packaging fee/
8. Supply and Return
Risk of damage to or loss of goods supplied to you by Aardvark Books Ltd, shall pass to you at the time of delivery, or if you wrongfully fail to take delivery of the goods, at the time when Aardvark Books Ltd (or any company working on behalf of Aardvark Books Ltd in the supply of the goods) has tendered delivery of the goods.
Goods are not supplied and sold on a sale or return basis. Unless the goods are proven to be defective , or otherwise unsaleable, or to have been inaccurately described, Aardvark Books Ltd will not accept the return of goods for any reason whatsoever, unless such return is agreed in writing by an authorised representative of the company.
Any dates quoted for delivery of goods are approximate only and Aardvark Books Ltd shall not be liable for any delay in delivery of goods howsoever caused.
Delivery will be made using Aardvark Books Ltd's standard carriage arrangements. Should any additional charges be incurred by the company in complying with any special requests for delivery made by you the buyer these costs will be payable by you.
Our terms are strictly net. No settlement discounts or other deductions may be made against amounts due on our invoices or statements.
All private orders must be paid for in advance by Credit or debit card. By arrangement Aardvark Books will accept personal UK cheques if contacted in advance.
Trade Customers must pay in advance by Credit Card or opt to receive a Pro Forma Invoice, unless they have an open credit account with Aardvark Books Ltd. After you have paid in advance for one order you may apply for a credit account with Aardvark Books Ltd. The granting of such a credit facility is purely at the discretion of the company. You will need to apply in writing to Aardvark Books Ltd at the address provided. Stock cannot be held pending the provision of a credit facility.
If you the buyer fail to make any payment on the due date then, without any prejudice to any other right or remedy available to Aardvark Books Ltd, the company reserves the right to charge you the buyer interest (both before and after any judgement) on the amount unpaid at the rate of 3% per annum above the Barclays bank rate from time to time, until payment is made.
Aardvark Books Ltd reserves the right to withhold further supplies in the event of amounts payable being overdue, breach of any of the conditions of this agreement, or any other reason which the company shall consider reasonable.
Any claim for credit or replacement of stock in respect of any delivery of goods shall only be considered if such a claim relates to shortage, damage, defect in quality or condition, failure to correspond with the order placed or non-delivery. Such claims are to be submitted in writing or by email to Aardvark Books Ltd. The company always reserves the right not to replace stock and to credit you the buyer for the equivalent value of that stock at wholesale prices.
All claims should be submitted within 14 days of receipt of the stock by UK and EU customers, or within 21 days for customers outside the EU. If claims are not submitted within these time limits, Aardvark Books Ltd will not assume the liability in respect of such claims and the customer shall be bound to pay the price as if the goods had been delivered in full and in saleable condition, unless at its full discretion Aardvark Books Ltd should agree otherwise.
12. Retention of Title to Goods
Ownership of the goods shall not pass to you the buyer until you have paid Aardvark Books Ltd in full for the purchase price of the Goods under a relevant contract although the risk therein shall pass to you the buyer on delivery.
The buyer shall be entitled to sell the goods in the ordinary course of business on the basis that, to the extent permitted by law, the proceeds of sale shall be the property of Aardvark Books Ltd. You the buyer agree to account to the company on demand in respect of such proceeds and if so required by the company to execute a formal assignation of all claims against your customer.
Prior to payment in full being made by you the buyer to Aardvark Books Ltd, Aardvark Books Ltd reserves the right to retake possession of all or part of the goods, and if the amount received by the company for the sale of such repossessed goods shall be less than the amount due by you the buyer in respect thereof or on any other grounds whatsoever, such repossession shall not extinguish the liability of you the buyer either for any deficiency in the amount received by the company for such a sale, or for damages in respect of any loss occasioned by Aardvark Books Ltd as a result of exercising its rights hereunder.
Aardvark Books Ltd reserves the right at any time to give written notice to you the buyer to terminate your power of sale for any goods for which you the buyer have not paid in full. Should Aardvark Books Ltd exercise this right, the customer shall immediately make the goods available for collection by the company.
Should any part of this clause be found to be illegal or unenforceable this judgement shall not affect the legality and enforceability of the remainder of this clause.
Nothing in this clause or this contract shall confer any right on the buyer to return Goods to Aardvark Books Ltd, or to refuse or delay payment thereof. If any such return is so agreed, the buyer shall be liable to the Company for any loss suffered by the Company thereby and the return of the Goods shall not extinguish any claim by the Company in respect thereof.
In addition to the cost of the goods you the buyer will also be liable to Aardvark Books Ltd for all costs, charges and expenses (including legal costs) which were occasioned by the company exercising its rights to repossess the goods.
Aardvark Books Ltd reserves the right to deduct from any monies due or becoming due from the Company to the buyer, any monies due from the buyer to the company.
14. Intellectual property rights
To the extent that all copyright and other intellectual property rights throughout the world in information supplied by you in connection with our web site and services does not vest in Aardvark Books Ltd by operation of law, you agree to grant to us (free of charge) an [exclusive], perpetual and royalty-free licence to use such information for any purpose.
15. No guarantee
We provide the Aardvark Books web site "as is" and on an "available basis". We do not guarantee continuous, uninterrupted secure or timely access to our web site or services, and operation of our web site or services may be interfered with by numerous factors outside of our control and we cannot be held responsible for any loss suffered by you in connection therewith
Aardvark Books Ltd shall not be liable to the buyer or be deemed to be in breach of its agreement with the buyer by reason of any delay in performing or any failure to perform any of its obligations in relation to the goods if the delay or failure was due to any cause beyond Aardvark Books Ltd's control.
If the buyer should become insolvent or enter into any voluntary arrangement with its creditors or become subject to an administration order, or become bankrupt or going into liquidation other than for the purposes of amalgamation or reconstruction, or if an encumbrancer takes possession or a receiver is appointed for any or all of the property or assets of the buyer, or if Aardvark Books Ltd shall reasonably apprehend that any of the events mentioned above is about to occur in relation to the buyer and notifies the buyer accordingly then without prejudice to any other right or remedy available to Aardvark Books Ltd, the company shall be entitled to cancel the agreement for the sale of the goods or suspend any further deliveries under such agreement without incurring any liability to the customer, and if the goods have been delivered but not paid for the price shall become immediately due and payable not withstanding any previous agreement or arrangement.
18. System integrity
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Aardvark Books web site or services or to use Aardvark Books Ltd or its web site or services for any illegal purposes. You will not cause or permit anything which may damage or endanger the title of Aardvark Books Ltd to its intellectual property used under these terms and conditions. You may not disclose or share your password with any third parties or use your password for any unauthorised purpose.
We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your use of our web site or services, if you breach any of these terms and conditions.
Any express or implied waiver by Aardvark Books Ltd of any of these terms and conditions or default by you may be terminated by us at any time. No such waiver will constitute a continuing waiver nor will it prevent us from acting upon that or any subsequent breach or default or from enforcing any term or condition.
21. Severance of terms and conditions
If any provisions of these terms and conditions are held to be illegal or unforeseeable these provisions will be severed and the remainder of these terms and conditions is substantially frustrated.
22. No other terms and conditions binding
No terms and conditions other than those set out in this agreement or in any variation of this agreement, will be binding upon us unless in writing and signed on behalf of both Aardvark Books Ltd and by you.
23. Exclusion of implied or incorporated terms
Except for those terms and conditions expressly set out in this agreement, all terms, conditions, warranties and obligations which may be implied or incorporated into this agreement by statute, common law or otherwise and any liabilities arising from such implication or incorporation are expressly excluded to the extent permitted by law.
24. Clause headings
Clause headings are inserted for convenience only and will not affect the construction of these terms and conditions.
25. Terms and conditions subject to the law of England and Wales
In the event of a dispute arising out of or in connection with these terms and conditions (irrespective of where the parties to that dispute may reside) that dispute is to be determined according to the laws of England and Wales.
26. Third Party
No person or body (other than the parties under these terms and conditions) who has not been given specific rights or benefits under these terms and conditions shall be entitle to enforce any rights or benefits against Aardvark Books Ltd in accordance with the Contracts (Rights of Third Parties) Act 1999 and the provisions of the said Act are hereby excluded.