terms & conditions

 

Following are The Literary Shed’s terms and conditions for both the bookshop (1) and the creative review (2).

 

1. T&C for the purchase of goods from The Literary Shed ‘buy’ section

 

Please print a copy of these terms and conditions for your future reference.

our contract


If you place an order online to purchase a product from The Literary Shed we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we deliver the product to you. Any products on the same order which we have not delivered to you do not form part of that contract. You warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.

 

description of the goods

 

We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. We reserve the right to refuse orders where product information has been mis-published, including prices and promotions.

 

 

availability

 

The supply of goods from this website is subject to availability and it is not always possible for us to inform you at the time you place your order whether the goods you want are still available for purchase. In the case of this happening a carefully selected alternative may be sent, or a refund may be given.

 

 

delivery

 

Please see the payment, p&p and delivery page for our up-to-date delivery terms and prices.

We offer optional free delivery when customers spend over £20. The Literary Shed items can be delivered internationally, but please be aware that additional charges may apply.

We aim to dispatch all items within three working days of your order being received.

 

cancellation and returns

 

We offer a 21-day no quibbles returns policy (or 31 days for overseas returns), which begins from the date you received the goods. If you contact us outside of the 21-day period we will not refund the order (unless defective/damaged). All unwanted goods should be returned in a resaleable condition. This does not affect your statutory rights. For more information on your statutory rights please visit http://www.consumerdirect.gov.uk/.

When you send your item back to us we will process the returned item and offer a refund.

If you request a refund we will refund the full price of the goods, including any mandatory delivery charges incurred.

You will receive notification via e-mail of your refund. You can expect a refund in the same form of payment originally used for purchase.

 

 

customs fees & charges for overseas delivery

 

Orders that are shipped overseas may be subject to custom duties and VAT and these are not included in the purchase price. As the buyer, you’re responsible for these charges – unfortunately we have no control over them and cannot predict what they may be. Customs policies vary widely from country to country. If you’d like any further information, you should contact your local customs office.

 

 

security

 

When submitting your order you are agreeing to the purchase of goods and to allowing The Literary Shed to use your personal data for the purpose of supplying the goods.

 

 

losses

 

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss even if the loss was reasonably foreseeable to both you and us when you commenced using the website or when the contract for the sale of goods was formed.

 

 

alteration of service or amendments to the conditions

 

We reserve the right to make changes to our website, policies, and these Terms and Conditions of Purchase at any time. You will be subject to the policies and Terms and Conditions of Purchase in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

 

 

events beyond our reasonable control

 

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

 

governing law and jurisdiction

 

These conditions are governed by and construed in accordance with the laws of the England and Wales. You agree, as we do, to submit to the exclusive jurisdiction of the English courts.

 

 

 

 

2. General T&C for The Literary Shed site

 

introduction

 

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

 

 

license to use website

 

Unless otherwise stated, The Literary Shed and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website (except for content specifically and expressly made available for redistribution).

Where content is specifically made available for redistribution, it may only be redistributed within your organisation, subject to the specific copyright notice being applied.

 

 

acceptable use

 

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without The Literary Shed’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without The Literary Shed’s express written consent.

 

 

user content

 

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to The Literary Shed a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to The Literary Shed the right to sub-license these rights, and the right to bring an action for infringement of these rights, unless agreed otherwise.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or The Literary Shed or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

The Literary Shed reserves the right to edit or remove any material submitted to this website, or stored on The Literary Shed’s servers, or hosted or published upon this website.

 

 

no warranties

 

This website is provided “as is” without any representations or warranties, express or implied. The Literary Shed makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, The Literary Shed does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

 

 

limitations of liability

 

The Literary Shed will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if The Literary Shed has been expressly advised of the potential loss.

 

 

exceptions

 

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit The Literary Shed’s liability in respect of any:

  • death or personal injury caused by The Literary Shed’s negligence;
  • fraud or fraudulent misrepresentation on the part of The Literary Shed; or
  • matter which it would be illegal or unlawful for The Literary Shed to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

 

reasonableness

 

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

 

 

unenforceable provisions

 

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

 

indemnity

 

You hereby indemnify The Literary Shed and undertake to keep The Literary Shed indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by The Literary Shed to a third party in settlement of a claim or dispute on the advice of The Literary Shed’s legal advisers) incurred or suffered by The Literary Shed arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions].

 

 

breaches of these terms and conditions

 

Without prejudice to The Literary Shed other rights under these terms and conditions, if you breach these terms and conditions in any way, The Literary Shed may take such action as it deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

 

variation

 

The Literary Shed may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

 

 

assignment

 

The Literary Shed may transfer, sub-contract or otherwise deal with The Literary Shed’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

 

 

severability

 

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

 

agreement to terms and conditions

 

The terms and conditions, listed on this subsection, constitute the entire agreement between you and The Literary Shed in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

 

 

governing law and jurisdiction

 

These conditions are governed by and construed in accordance with the laws of the England and Wales. You agree, as we do, to submit to the exclusive jurisdiction of the English courts.

 

 

 

 

 

 

 

 

 

 

Section 2 of the Terms and Conditions was created using a Contractology template available at http://www.freenetlaw.com.