Our terms of Supply
These terms were last updated in June 2016
1 These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products and services to you, whether they are physical goods, services (for example: Author Visits or workshops) or digital content.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2 Information about us and how to contact us
2.1 Who we are. We are BiTE Publishing, a sole trader business owner by Cathy Farr and our registered office is at The Studio, 12 Powys Drive, Dinas Powys, CF64 4LN. BiTE Publishing is not VAT registered at this time.
2.2 How to contact us. You can contact us by telephoning 02920 511031 or by writing to us at [email protected].
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3 Our contract with you
3.1 Our order process. Our shopping pages will guide you through the steps you need to take to place an order with us on our website. Before you place your order you will see a description of the main characteristics of the products in your shopping basket. Our order process allows you to check and amend any errors in your shopping basket before submitting your order to us. Please take the time to read and check your order at each page of the order process. If you are ordering services: our ordering process is via email or telephone and will be confirmed by email.
3.2 How we will accept your order. Our acceptance of your order and the commencement of this contract will take place when you complete the order form on this website and pay for the goods, or, in the case of services, when we confirm your order by email.
3.3 If we cannot accept your order. If we are unable to accept your order, we will tell you. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. If your order is for digital content and you have already paid for it, we will refund you promptly.
3.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside the UK.
4 Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we try to display the colours accurately, we cannot guarantee that your device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown on images on our website.
4.3 Compatibility of digital content. Some digital content is subject to compatibility restrictions, particularly eBooks. We will always make those compatibility restrictions clear to you before you pay for the digital content.
4.4 You have limited rights in digital content. When you buy digital content, what you are allowed to do with it is limited. In particular, you may not make copies of it, print more than a specific number of pages, distribute it to any other person, modify it, convert it to a different format or include it in another work without the consent of the publisher, unless the law allows you to do so. We may apply technical restrictions (known as “DRM”) to digital content to enforce the owner’s or creator’s rights.
4.5 Some products may have age restrictions. Some publications may carry age restrictions. The product details will make those age restrictions clear. By ordering products with age restrictions, you are confirming that you meet those age restrictions.
5 Your rights to make changes
If you wish to make a change to your order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the delivery charges, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6 Our rights to make changes
6.1 Changes to these terms. We may make changes to these terms from time to time, for example to reflect changes in the law or to accommodate new types of product. Each time you order products from us, the version of these terms then in force will apply to that order.
7 Providing the products
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website during the checkout process. NOTE: our prices for workshops include travel costs unless otherwise stated at the time of order.
7.2 When we will provide the products.
7.2.1 If the products are goods. If the products are goods we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
7.2.2. If the products are services. Services will be provided as agreed at the time of order and will include specific date or dates, arrival times, estimated duration, details of any stock provided for sale at the event.
7.2.2 If the products are digital content. We are not supplying downloadable products at this time.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside 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, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox or left in a safe place, the carrier will endeavour to leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.5 If you are not on site when the service is delivered you MUST ensure that another member of staff is available during the entire visit.
7.6 If you do not re-arrange delivery. If you do not collect the products as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will endeavour to contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.7 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us.
7.8 When you own goods. You own a product which is goods once we have received payment in full.
7.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
7.9.1 deal with technical problems or make minor technical changes;
7.9.2 update the product to reflect changes in relevant laws and regulatory requirements.
8 Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract(or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1.3 In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
8.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.1);
8.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.2.3 there is a risk that supply of the products or services may be significantly delayed because of events outside our control;
8.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
8.2.5 you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
8.4.1 digital content after you have started to download or stream them;
8.4.2 sealed audio once it has been unsealed after you receive it; and
8.4.3 any products which become mixed inseparably with other items after their delivery
8.4.4 any service once delivery has commenced. Delivery is defined for the purpose of the contract as when travel has commenced to the venue.
8.5 How long you have to change your mind. How long you have depends on what you have ordered and how it is delivered.
8.5.1 If you have bought digital content for download or streaming (for example, an eBook). You have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
8.5.2 If you have you bought goods (for example, books or CDs). You have 14 days after the day you (or someone you nominate) receive the goods, unless your goods are split into several deliveries over different days, in which case you have until 14 days after the day you (or someone you nominate) receive the last delivery to change your mind about the goods.
8.5.3 If you have you bought services (this INCLUDES any services offered FREE). You have 14 days from the date of placing the order (the booking) to cancel or change the order.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. If you do not have any other rights to end the contract (see clause 8.1), you can still contact us before it is completed and tell us you want to end it. If you do this the contract will end immediately and we will refund any sums paid by you for products or services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9 How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know. The best way to do that is to call us on 02920 511031 or email us at [email protected]. Please provide your name, address, details of the order and, where available, your phone number and email address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at the returns address published on our website. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
9.3.1 if the products are faulty or misdescribed; or
9.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 How we will refund you. When we give you a refund, we will refund you the price you paid for the products, including delivery costs, by the method you used for payment. However, in some circumstances we may make deductions from the price, as described below.
9.5 Deductions from refunds. If you are exercising your right to change your mind:
9.5.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if it has been caused by your handling them in a way which would not be permitted in a shop.
9.5.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
9.6.1 If the products are goods your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
9.6.2 In all other cases, your refund will be made within 14 days of your telling us you are exercising your right to change your mind.
10 Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products (for example, a corrected delivery address); or
10.1.3 you do not, within a reasonable time, allow us to deliver the products to you.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products or services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.2.1 If you cancel a service after the time stated in 8.5.3. we reserve the right to charge the following:
Free Author Talks/Visits – £120 payable 14 days after the date of cancellation
Workshops – 50% of the value of the term of the whole contract if cancellation is more than 30 days from start date, 75% of the value of the term of the whole contract if cancellation is more than 14 days from start date. If cancellation is 14 days or less than the term of the whole contract we reserve the right to charge for 100% of the value of the entire contract.
If the contract start date is revised, rather than entirely cancelled, you may not be charged a cancellation fee as described if reasons for cancellation are due to an event outside of your control (e.g. act of God, an emergency that renders the venue unsafe, death or serious accident).
11 If there is a problem with the product
11.1 How to tell us about problems. If you have any questions or complaints about the product or service, please contact us by telephone 02920 511031 or write to us at [email protected]
11.2 Your legal rights. We are under a legal duty to supply products and services that are in conformity with this contract. Nothing in these terms will affect your legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us at the returns address on our website. We will pay the costs of postage.
12 Price and payment
12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of product advised to you is correct. Clause 12.3 describes what happens if we discover an error in the price of the product you order. For services, these will be provided at the point of enquiry and will be confirmed by email.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we get the price wrong. It is always possible that some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated in our price list, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 When you must pay and how you must pay. We accept payment via PayPal and provide the link at the time payment is due within our purchase process on this website. You must pay in full at the point of ordering products. You must pay for services on invoice; payment terms will be stated on our invoice to you.
12.4.1 Paying by PayPal means that we will charge you when you place your order (because that is inherent to how PayPal works).
12.4.2 For digital content, you must pay for the products before you download them.
13 Our responsibility for loss or damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We are not liable for business losses. We supply products for domestic and private use; we only supply products and services to schools and education establishments. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14 How we will use your personal information. Our privacy policy describes what we will do with your personal information. Please take the time to read it carefully. You will be asked to agree to our privacy policy when you create an account with us or when you place an order with us.
15 Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if that happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights under these terms to another person if we agree to it in writing. We may not agree if you owe us money, if you have otherwise broken the contract between us, if it would be illegal or if it would put us in breach of our obligations to others.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person will have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. 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 this contract, 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.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law as it is applied in England and Wales and you can bring legal proceedings in respect of the products in the English and Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.