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Wildy’s Book News

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Vol 23 No 5 May/June 2018

Book of the Month

Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

Price: £110.00

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Terms and Conditions

1. Ordering and Despatch

1.1 You can create a shopping basket of books, and then choose to order them immediately or to have price and availability confirmed first. To complete your order you can either enter your credit card details directly onto our secure Checkout page or choose one of the other options. You will then receive an e-mail acknowledgement that your order/enquiry has been sent to Wildy & Sons Ltd

1.2 Information contained on the Wildy & Sons Ltd Bookshop website constitutes an invitation to treat. No such information constitutes an offer by us to supply any products even after your receipt of our e-mail acknowledgement of your order. Orders shall be accepted entirely at the discretion of Wildy & Sons Ltd and are subject to availability

1.3 Items in stock are normally dispatched, the same, or by the following working day, and the Bookshop is able to process orders from 9am – 4pm Monday to Friday, excluding public holidays. Items not in stock will be ordered and sent as soon as they arrive from the publishers. Alternatively, you may wish us to hold your order until all the items are available. Please use the additional comments box on the checkout page to let us know that you want all books shipped together.

1.4 If Wildy & Sons Ltd is unable to supply a particular item for any reason beyond our control, we will let you know as soon as possible.

1.5 Wildy & Sons Ltd will only charge your credit or debit card when all, or some (depending upon your instructions) of, the goods are packed and ready to be dispatched. This is to avoid the situation in which your card has been charged but goods then become unavailable, and also to ensure that the period between the time your card is charged and the receipt of the goods is as short as possible.

1.6 Overseas customers will be charged the GBP Sterling value of the order, and Wildy & Sons Ltd cannot guarantee the conversion price in your local currency. This is subject to the local bank’s rate of exchange on the day the card is billed to your account.

1.7 Liability for any local charges or taxes made at the point of delivery are to be met by the customer as Wildy & Sons Ltd has no way of knowing what particular customs and import charges may be in force at any time in any country, and makes no allowance in its pricing for such charges. Customers assume the role of importer for the purposes of customs and any other importation charges. Wildy & Sons Ltd will not be liable to you for any delay or failure of the goods to reach their delivery address because of the detention of a parcel by customs or other authorities.

2.Shipping Charges & Delivery

2.1 Click to see our: Shipping Charges

2.2 Wildy and Sons Ltd shall not be liable for any loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever occasioned by or arising from any delay in delivering your order or any failure to deliver your order save that where we fail to deliver your order we will reimburse the cost of your order, which in any event will be the extent of the entire liability of Wildy & Sons Ltd.

3. Prices & Payment Methods

3.1 All prices are quoted in Pounds Sterling and are subject to change by the publishers at any time. If the price of the book becomes higher than shown on our website at the time of your order we will advise you of that fact before supplying, allowing you the option to cancel.

3.2 Wildy & Sons Ltd accepts all major credit and debit cards including American Express, Mastercard, Maestro and Visa. Unfortunately we are unable to accept Diners Club and JCB Cards at this time

3.3 Payment can be made by a cleared cheque in sterling drawn on a UK Bank, and by Bank transfer. Please e-mail: Accounts@wildy.com for details.

3.4 Account customers are able to enter an Account Number on the Checkout page and will be supplied according to their existing terms with Wildy & Sons Ltd.

3.5 The Ownership of goods bought on Account shall not pass to you the buyer until you have paid Wildy & Sons Ltd in full for the purchase price of the goods under the relevant contract although the risk therein shall pass to you the buyer on delivery. Prior to the payment in full being made by you the buyer to Wildy & Sons Ltd, Wildy & Sons Ltd reserves the right to retake possession of all or part of the goods.

4. Returns & Exchanges

4.1 We will always replace faulty goods bought from Wildy & Sons Ltd on production of proof of purchase. If you receive a faulty book, please contact: faultybook@wildy.com to arrange the return or exchange, stating the nature of the problem. If the book has to be sent back to us, then we will refund any postage costs.

4.2 If you are not satisfied with your purchase it may be exchanged or refunded within 14 working days from your receipt of the goods. The book must be received back in re-saleable condition with proof of purchase. In this case postage costs will not be included in the refund which will be issued within 7 days from receipt of the returned goods. You must contact Wildy & Sons Ltd at: returnbook@wildy.com to arrange a return or exchange. This does not affect your statutory rights.

4.3 The option to cancel the order exists up until the item has been despatched. To cancel an order, please e-mail: cancelorder@wildy.com with details of your request.

4.4 eBooks can only be supplied firm sale. Once an eBook is downloaded it cannot be returned. This does not affect your statutory rights. If you believe your eBook is faulty then please contact: faultybook@wildy.com stating the nature of the problem.

5. Customer Service

5.1 Wildy & Sons is very customer friendly. Our aim is to give the best possible service but we all know that things can go wrong, and we hope to minimise any such problems. Any complaints that you may have can be dealt with by any of us in the Bookshop and you can contact us by e-mail at info@wildy.com or by Telephone on +44 (0) 20 7242 5778.

6. Your privacy – your rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and your rights under the EU General Data Protection Regulation (GDPR)

6.1 Who are we?
This is the website of Wildy and Sons Ltd.

Our address for correspondence is: Wildy and Sons Ltd, Lincolns Inn Archway, Carey Street, London WC2A 2JD. Registered at Companies House (Company number 00348459).

Our address for email correspondence is info@wildy.com

You can also call us on +44 20 7242 5778 (Monday-Friday 9am to 6pm). Outside these hours an answerphone is available.

We are registered with the UK Information Commissioner’s Office. Our registration reference is ZA042851.

These terms and conditions explain when and why we collect personal information about people who visit our website, how we use it, the conditions under which we may disclose it to others and how we keep it secure. It also covers personal information we may store on our in-house systems.

We may change these terms and conditions from time to time, so please check this page occasionally to ensure that you are happy with any changes.

By using our website, you are agreeing to be bound by these terms and conditions.
Any questions regarding this Policy should be directed to us by one of the methods detailed above.

6.2 How do we collect information from you?

We obtain information about you when you use our website, for example, when you contact us about goods and services or if you register to receive one of our regular newsletters.

We may also collect information from you if you telephone us, write to us via email, send postal enquiries and also from personal callers to either of our bookshops.

6.3 What type of information is collected from you?

For Customers via the website
The personal information we collect might include your name, address, email address, postal address, IP address, telephone number and information regarding what pages are accessed and when.

Additionally, details of any goods and services you purchase from us will be collected.

If you purchase goods or services from us using a credit or debit card, your card information is not held by us.

It is collected by our third-party payment processors who specialise in the secure online capture and the processing of credit/debit card transactions. If you have any questions regarding secure transactions, please contact us (contact details above in 6.1 “Who are we?”).

If you consent to receive marketing material and express a preference for receiving newsletters in specific subject area, these preferences will also be collected.

For customers placing orders for goods and services and for account customers and customers using our WAM’s application

In addition to the above, we may hold all or some of the following information:

Company name
Company VAT number
Company invoice address
Company delivery address
Contact name(s)
Contact telephone number(s)
Contact fax number(s)
Contact email address(es)
Marketing preferences (at company level)
Marketing preferences (at contact level)
Email correspondence between you and us

Order information, including:
• Date of order
• Method of order
• Product/Service ordered
• Delivery information for the order
• Payment method

Credit Card Payment details (this is a reference number from a 3rd party processor, the actual card details are not stored by us nor are they accessible by us).

BACS/Bank details (these are held securely within our banks processing application and are not accessible by us).

For web-based orders – the IP address of the device placing the order.

Order Instructions/Notes collected at the point of order.

For account customers
Invoices (containing order information as detailed above)
Payment Status

6.4 How is your information used?

We may use your information to:

• process orders for goods and services that you have submitted to us.
• to carry out our obligations arising from any contracts entered into by you and us.
• notify you of changes to our services.
• send you communications which you have requested and that may be of interest to you.
• process a job application.

We review our retention periods for personal information on a regular basis. We are legally required to hold some types of information to fulfil our statutory obligations. We will hold your personal information on our systems for as long as is necessary for the relevant activity, or as long as is set out in any relevant contract you hold with us.

When data is deleted it is done so irrevocably – that is to say, once deleted it cannot be restored.

6.5 Who has access to your information?

We will not sell your information to third parties.
We will not share your information with third parties for marketing purposes.

Third-party Service Providers working on our behalf

We may pass your information to our third-party service providers, agents, subcontractors and other associated organisations for the purposes of completing tasks and providing goods and services to you on our behalf (for example, a delivery company carrying your book order purchased from us). However, when we use third-party service providers, we disclose only the minimum personal information that is necessary to deliver the service and we have a contract in place that requires them to keep your information secure and not to use it for their own direct marketing purposes. Please be reassured that we will not release your information to third parties for them to use for their own direct marketing purposes unless you have requested us to do so or we are required to do so by law, for example, by a court order or for the purposes of prevention of fraud or other crime.

Third-party Product Providers with whom we work in association

We work closely with various third-party product providers to bring you a range of products and services. When you enquire about or purchase one or more of these products, the relevant third-party product provider will use your details to provide you with information and carry out their obligations arising from any contracts you have entered into with them. In some cases, they will be acting as a data controller of your information and therefore we advise you to read their Privacy Policy. These third-party product providers will share your information with us which we will use in accordance with this Privacy Policy.

We may transfer your personal information to a third party as part of a sale of some or all of our business and assets to any third party or as part of any business restructuring or reorganisation. We may also transfer your personal information to a third party if we are under a duty to disclose or share your personal data in order to comply with any legal obligation or to enforce or apply our terms of use or to protect the rights, property or safety of our customers

6.6 Your choices

You have a choice about whether or not you wish to receive information from us. If you do not want to receive direct marketing communications from us then you can select your choices by ticking the relevant boxes on the form(s) on which we collect your information.

We will not contact you for marketing purposes by email, phone or text message unless you have given your prior consent. We will not contact you for marketing purposes by post if you have indicated that you do not wish to be contacted. You can change your marketing preferences at any time by contacting us by email, post or phone (contact details above in 6.1 “Who are we?”).

6.7 How you can access and update your information

The accuracy of your information is important to us. If you think any of the information we hold is inaccurate or out of date, please contact us (contact details above in 6.1 “Who are we?”).

You have the right to ask for a copy of the information we hold about you and also to have that data deleted (provided that both parties have fulfilled any outstanding contractual obligations that may have).

6.8 Security precautions in place to protect the loss, misuse or alteration of your information

When you give us personal information, we take steps to ensure that it’s treated securely. Any sensitive information is encrypted and protected with at least 256 Bit encryption using SSL technology. When you are on a secure page, a lock icon will appear on the bottom of web browsers such as Microsoft Edge, Internet Explorer, Firefox or Google Chrome.

We do not collect or record credit card information (number, expiry date or CVV details).

Non-sensitive details (your email address etc.) may be transmitted normally over the Internet, and this can never be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk. Once we receive your information, we make our best effort to ensure its security on our systems. Where we have given (or where you have chosen) a password which enables you to access certain parts of our websites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

6.9 Profiling

We may analyse your personal information to create a profile of your interests and preferences so that we can contact you with information relevant to you, should you have given your consent for us to do so. We may also make use of additional information about you when it is available from external sources to help us do this more effectively.

We may also use your personal information to detect and reduce fraud and credit risk.

6.10 Use of ‘cookies’

Our websites may employ cookies. ‘Cookies’ are small pieces of information sent by an organisation to your computer and stored on your hard drive to allow that website to recognise you when you visit. They collect statistical data about your browsing actions and patterns and do not identify you as an individual. For example, we use cookies to store your country preference. This helps us to improve our website and deliver a better and more personalised service.

It is possible to switch off cookies by setting your browser preferences accordingly. Turning cookies off may result in a loss of functionality when using our websites.

6.11 Links to other websites

Our websites may contain links to other websites run by other organisations. This privacy policy applies only to our websites‚ so we encourage you to read the privacy statements on the other websites you visit. We cannot be held responsible for the privacy policies and practices of other sites even if you access them using links from our website.

In addition, if you arrived at our website by following a link on a third-party site, we cannot be responsible for the privacy policies and practices of the owners and operators of that third-party site and we recommend that you check the policy of that third-party site.

6.12 Aged 18 or under?

If you are aged 18 or under‚ we require that you obtain your parent’s/guardian’s permission beforehand whenever you provide us with personal information. We take your continued use of any of our websites as confirmation that permission has been sought and granted.

6.13 Transferring your information outside of Europe

As part of the services offered to you through this website, the information which you provide to us may be transferred to countries outside the European Union (“EU”). By way of example, this may happen if any of our servers are from time to time located in a country outside of the EU. These countries may not have similar data protection laws to the UK. By submitting your personal data, you are agreeing to this transfer, storing or processing of your personal data. If we transfer your information outside of the EU in this way, we will take steps to ensure that appropriate security measures are taken with the aim of ensuring that your privacy rights continue to be protected as outlined in this Policy.

If you use our services while you are outside the EU, your information may be transferred outside the EU in order to provide you with those services.

6.14 Review of this Policy

We keep this Policy under regular review. This Policy was last updated in March 2018.

7. Law

7.1 These terms and conditions will be interpreted in accordance with the Laws of England and Wales.

8. Account Customer Terms and Conditions (Sale of Goods)

Account Customer Terms and Conditions, for Sale of Goods by Account can be seen here.

Wildy & Sons Ltd Account Customer Terms and Conditions (Sale of Goods)

1. General

1.1 These terms and conditions are incorporated into all contracts for the supply of goods (“Goods”) Wildy & Sons Limited (“the Supplier”). They supersede any previously issued Terms and Conditions of Supply.

1.2 Goods supplied may differ in non-material respects from those advertised in the Supplier’s catalogue or other promotional material.

1.3 These terms and conditions will be interpreted in accordance with the Laws of England and Wales.

2. Price

2.1 Subject to paragraphs 2.1 and 2.2 below the price payable for Goods shall be the total price specified in the Publisher’s current price list or catalogue, less any discounts agreed in advance in writing by the Supplier and plus the applicable cost of packaging, postage and delivery (’Delivery Charges). Prices and Delivery Charges may be subject to change without notice where such change is due to circumstances beyond the reasonable control of the Supplier.

2.2 Discounts agreed by the Supplier as at the date of these terms and conditions shall continue to have effect for the remainder of the term of the relevant agreement.

2.3 All prices are not inclusive of VAT which shall be payable in addition by the Customer at the applicable rate.

3. Payment Terms

3.1 Unless otherwise agreed in writing by the Supplier all invoices are payable within thirty (30) days of the date of invoice, in the currency of the invoice, drawn on a bank based in the UK or by such other method as is agreed in advance by the Supplier.

3.2 Failure to pay all amounts due by the due date may result, at the Suppliers absolute discretion, in:-
3.2(a) withholding of further supplies including supplies in respect of which the customer has already made payment in full; and/or.
3.2(b) charging of interest on amounts outstanding at the rate of 4% above Royal Bank of Scotland base rate from time to time.

4. Credit Terms

4.1 The Supplier may set and vary credit limits from time to time and withhold all further supplies if the customer exceeds such credit limit.

5. Subscriptions

5.1 Pay In Advance (‘PIA Subscriptions’)
5.1(a) PIA Subscriptions commence on the date of order or other date specified by the Supplier (’Commencement Date’) and continue until terminated by the Supplier by no less than 30 days written notice or by the Customer 30 days prior to an anniversary of the Commencement Date or within 30 days of the Supplier’s notice given under paragraph 14© below, whichever is the later.
5.1(b) The price for the first year of any PIA subscription is the Publisher’s list price at the date of the order. The price for subsequent years is the Publisher’s list price at the anniversary of the Commencement Date and as may be notified in any renewal invoice.
5.1© The Supplier will notify the customer in writing (whether by letter, renewal invoice, fax or email) before each anniversary of the Commencement Date of the price payable for the next 12 months.

6. Pay As You Go (‘PAYGO’) Subscriptions.

6.1 Updates to printed encyclopaedic and loose-leaf services which are not subject to a PIA Subscription will be invoiced upon publication.
6.2 Unless a minimum terms is agreed, the Customer may terminate PAYGO Subscriptions by 30 days written notice to expire at any time.

7. Delivery

7.1 Orders for printed and CD products are accepted by the Supplier subject to availability of stock and may be delivered in two or more instalments. The Supplier has no liability for any loss of trade or profit to the customer as a result of delay in delivery or delivery of incorrect or faulty goods.

7.2 Delivery will be made to the address specified on the order by the customer or it’s agent, or to a carrier designated by the customer, or to other such addresses as are notified to the Supplier from time to time.

7.3 Risk in Goods passes to the customer on delivery under paragraph 17 above. Title to Goods other than updates supplied under PIA Subscriptions will pass to the customer on payment in full. Title in updates supplied under PIA Subscriptions will pass on delivery.

7.4 Time is not of the essence for delivery of Goods and the Supplier’s liability for incorrect delivery or failure to deliver is limited to the replacement of Goods.

8. Loss or Damage in Transit

8.1 Claims for damage or partial delivery or complete loss of consignment must be notified within thirty (30) days of the date of invoice.

9. Returns

9.1 Returns of printed Goods other than Goods supplied under PIA or PAYGO Subscriptions will be accepted for credit provided they are received by the Supplier within thirty (30) days of the date of invoice and are in a condition fit for re-sale. Refunds will be given only where the Goods returned are in a condition fit for resale and there are no other amounts outstanding and due on the customer’s credit account with the Supplier.

10. Suppliers Liability

10.1 The Suppliers liability to the customer for negligence, breach of contract and statutory duty is limited to the cost of replacing the goods ordered. It is not intended that any contract between the Supplier and the customer for the supply of Goods should be enforceable by any third party. Nothing in this Agreement is intended to limit liability for death or personal injury.

10.2 Supplier accepts no liability for any reliance placed upon the contents of any publication supplied. The said material is intended for reference purposes only and are not intended, nor should they be used, as a substitute for professional advice and judgement or to provide legal advice with respect to particular circumstances.

10.3 Any waiver by the Supplier of any of these terms and conditions shall be limited to the particular instance and shall not operate or be deemed to operate as a future waiver of that or any other term.

11. Notices

11.1 Notices sent by the customer must be sent by prepaid post to the Supplier at the address on the most recently delivered invoice. Such notices must state the customers name and (where applicable) account number. Notices sent by the Supplier will be sent to the customer’s last known address.