Terms and Conditions
This website is provided by Folens Ltd in logistical partnership with HarperCollins Publishers (UK) Limited.
Folens Limited are a company registered in Haddenham, Buckinghamshire with registered number 2043354 and registered office at Waterslade House, Thame Road, Haddenham, Buckinghamshire, HP17 8NT, UK.
HarperCollins Publishers (UK) Limited are a company registered in Scotland with registered number SC027389 and registered address at 103 Westerhill Road, Bishopsbriggs, Glasgow.
These Terms and Conditions apply to any purchase via this website.
Please read these terms carefully as if you place an order for a Product you agree to be bound by them. We recommend you print a copy of these Terms and Conditions for your future reference.
You will also be bound by the Website Terms of Use. If there is any conflict between these Terms and Conditions and the Website Terms of Use, the Terms and Conditions shall take precedence in relation to any contract to purchase a Product.
1. Who is the contract to purchase the Product between?
Whilst the website is operated by Folens Ltd in partnership with HarperCollins Publishers Limited, any contract to purchase a Product will be between you as purchaser and HarperCollins Publishers Limited as supplier. Folens Ltd will not be a party to that agreement. Please see the website Terms of Use for contact details and corporate information about HarperCollins.
2. Buying a product
2.1 You can place an order for one or more Product(s) by submitting an order via the "Basket" pages on the website. You will need to register and create an account so you are able to complete the order process on the website.
2.2 By placing an order through our website for a Product you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old;
2.3 Folens Ltd & HarperCollins will confirm acceptance of your order by email only and will supply the Product(s) to you in accordance with your confirmed order. If you do not receive an email confirmation, your order has not been accepted. HarperCollins reserves the right to refuse or decline any order or refuse access to the website.
2.4 Folens Ltd & HarperCollins shall have no obligation to supply the Product to you if demand exceeds such limited run. In the event that Folens Ltd & HarperCollins inadvertently confirms an order when in fact the Products have sold out, it shall refund you the amount debited from your debit/credit card and will be able to terminate any order placed without any additional liability to you.
3. Your account and details
You will be asked to create an account and submit your contact details when placing an order for a Product. It is your responsibility to provide us with correct details and notify us immediately of any changes to your details. This is important as it is these details that will be used to contact you and dispatch the Products. You are responsible for keeping confidential your account details and password (if appropriate) and preventing unauthorised use of these. You shall be responsible for all activities carried out on your account or password. Please see the website Privacy Policy which governs the collection and use of your personal information.
4. Withdrawal of sale
While Folens Ltd & HarperCollins will honour confirmed orders, you acknowledge that HarperCollins may withdraw the sale or distribution of the Products at any time without prior notice, or liability, to you.
5. Price
5.1 The price of the Product (s) will be as quoted on the website from time to time, except in cases of obvious error. These prices include VAT but exclude delivery costs, which will be added to the total amount due. Delivery charges are contained on the website. See How to order for details.
5.1 Prices are liable to change at any time, but changes will not affect orders in respect of which Folens Ltd & HarperCollins have already sent you a confirmation.
5.2 If Folens Ltd & HarperCollins discovers a pricing error for any Products it shall have the right to cancel your order without any liability to you and shall refund any monies paid by you. Folens Ltd & HarperCollins are under no obligation to provide a Product to you at the incorrect (lower) price, even after it has sent you a confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mistake.
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6. Risk and ownership
6.1 Risk of damage or loss of the Product(s) shall pass to you on delivery or, if you fail to take delivery of the Product(s), the time when Folens Ltd & HarperCollins has tried to deliver the Product(s) to you.
6.2 Title/ownership in the Product(s) shall pass to you on delivery of the Product(s), provided the Product (s) have been paid for in full.
7. Warranty and liability
7.1 Folens Ltd & HarperCollins warrants that the Product(s) will correspond with the order at the time of delivery and will be of satisfactory quality.
7.2 If Folens Ltd & HarperCollins is in breach of the warranty contained at clause 7.1 above, you shall advise Folens Ltd & HarperCollins in writing immediately and in any case not later than 14 working days from the date of discovery of the defect. On receiving a notice under this clause and receipt of the Product (s), HarperCollins will refund the price of those Product(s) which are defective, subject to HarperCollins being satisfied that the Products are defective. The warranty contained in clause 7.1 shall be the extent of Folens Ltd & HarperCollins' liability for defective Product(s).
7.3 Save as expressly provided in these Terms and Conditions all warranties, conditions, terms and liabilities express or implied by statute or common law are excluded to the fullest extent permitted by law and Folens Ltd & HarperCollins will not be liable to you for any loss of any kind whatsoever which arises out of the breach of implied warranties or conditions or breach of any other duty of any kind imposed on Folens Ltd & HarperCollins by operation of law.
7.4 Folens Ltd & HarperCollins will not be liable for:
7.4.1 any loss of anticipated profits or expected future business;
7.4.2 damage to reputation or goodwill;
7.4.3 any damages, costs or expenses payable by you to any third party;
7.4.4 loss of any order or contract; or
7.4.5 any unforseeable loss of any kind.
which may arise by reason of any breach of the contract for a Product or any implied warranty, condition or other term or any representation or any duty of any kind imposed on Folens Ltd & HarperCollins by operation of law:
7.5 Unless otherwise provided in these Terms and Conditions, and subject to clause 7.7, the liability of Folens Ltd & HarperCollins for breach of any express or implied term of any agreement relating to a Product shall be limited to the reasonable cost of remedying any defect in the Product(s) constituting a breach and in no circumstances shall Folens Ltd & HarperCollins' liability to you exceed the total purchase price (plus delivery cost) of the Product(s) ordered by you.
7.6 Without prejudice to any other provision of this clause 7, Folens Ltd & HarperCollins will not be in breach of the terms of any agreement for a Product for any delay in performing, or failure to perform, its obligations if that delay or failure was due to any cause or circumstance beyond Folens Ltd & HarperCollins' reasonable control.
7. 7 Nothing in this clause 7 shall exclude Folens Ltd & HarperCollins' liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation or for any liability that cannot be excluded or limited by applicable law.
8. Termination
8.1 Folens Ltd & HarperCollins may terminate any agreement relating to a Product if you:
8.1.1 are in breach of these Terms and Conditions or any other contract between you and Folens Ltd & HarperCollins; or
8.1.2 have a petition presented for your winding up or for an administration order to be made in respect of you; have a receiver or administrative receiver appointed over you or any of your assets; resolve to wind yourself up (other than for a solvent reorganisation); have a bankruptcy order made against you or and of your partners; or enter, or propose to enter into a composition or voluntary arrangement with your creditors.
9. Terms of use
For more detailed information about the Terms of Use Click here.
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10. General
10.1 Any notice required under these Terms and Conditions to be given to HarperCollins shall be in writing and addressed to Jacqui Dilley at jdilley@folens.com, or any other address notified by Folens Ltd and HarperCollins. Any notice shall be deemed to be served:
10.1.1 if sent by pre-paid first class post two days after it is posted; or
10.1.2 if sent by email the day following transmission (as contained on the email receipt)
10.2 If any of these Terms and Conditions is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby and shall continue to be valid and enforceable to the fullest extent permitted by law.
10.3 The agreement to purchase a Product and these Terms and Conditions and any dispute or claims arising out of or in connection with them (including non-contractual disputes and claims) shall be governed by and construed in accordance with the law of England and you and we irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with these Terms and Conditions (including non-contractual disputes or claims).
10.4 You shall not transfer, assign or sub-contract your obligations under any agreement to purchase a Product and these Terms and Conditions without Folens Ltd & HarperCollins' prior consent in writing.
10.5 Failure or neglect by Folens Ltd & HarperCollins to enforce at any time any of these Terms and Conditions shall not be a waiver of HarperCollins' rights and it shall not affect the validity of the whole or any part of these Terms and Conditions or prejudice HarperCollins' right to take subsequent action.
10.6 Nothing in these Terms and Conditions is intended to confer on any third party any benefit or any right to enforce any terms contained in these Terms and Conditions.
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11. Queries
11.1 If you experience any problems with your order or in using this website, or if you have any complaint relating to the Product(s), please contact us at the address below and we will be happy to assist you:
Web Customer Services
HarperCollins Publishers,
Westerhill Road
Glasgow,
G64 2QT
Telephone: +44 (0)844 576 8112 during business hours (8:30am-5:30pm Monday to Friday exculding UK Bank Holidays and Public Holidays
Email:Orders@folens.com
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