THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN LITIGATION IN COURT, JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU
(A) DO NOT AGREE TO THESE TERMS AND CONDITIONS,
(B) ARE NOT AT LEAST 18 YEARS OF AGE OR ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH HACHETTE PARTWORKS Ltd,
(C) DO NOT RESIDE IN THE UNITED STATES OR ANY OF ITS TERRITORIES OR POSSESSIONS, OR
(D) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS BY APPLICABLE LAW.
1. Introduction
These Terms and Conditions of Sale (hereinafter "the Conditions") are in relation to your use of the order Services provided through the www.hachettecollections.com website(Hereinafter the "Site").
These Conditions are subject to change by Hachette Partworks.Ltd (referred to as “Hachette”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Conditions will be posted on this Site, and you should review these Conditions before purchasing any product that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
2. Definitions
"Contract" means a contract made under these Conditions for the purchase of an Issue or for a Subscription;
"Issue" means a single issue of one of the Series, as described on the Site, which Hachette will supply in accordance with these Conditions;
"Subscription" means a subscription to one of the Series, as described on the Site, which Hachette will supply in accordance with these Conditions;
"Hachette" means Hachette Partworks Ltd about whom additional information is set out on the "Contact Us" page of the Site;
"Series" means the various periodicals or books published by Hachette as described on the Site.
3. Basis of the Sale
By placing an order for an Issue or Subscription you are agreeing to accept these Conditions and any specific conditions applicable to the relevant Series set out elsewhere on this Site. These Conditions, together with any other term set out elsewhere on this Site will govern and be incorporated in every Contract for the sale of Series entered into between Hachette and you.
4. Orders
Orders can be either for individual Issues or Subscriptions as available on the Site. You can manage your orders through the Site. Your order is submitted to the acceptance of Hachette. If accepted, your order will be processed.
You are responsible for all uses of your client account. It is therefore important for you to protect against unauthorized access to your client account and to your computer. Please ensure that you have signed off when you stop using a shared computer.
During the order process, you will have the opportunity to check and if necessary, correct the contents of your order and all the information you have given. After having received your order, we will send you a confirmation email with your order number and details of the goods you have ordered. Acceptance of your order and the formation of the Contract of sale between you and us will not take place unless and until you have received your order confirmation email.
5. Return of a dispatch, reimbursement and cancellation
Return of a dispatch: If you are not satisfied with a dispatch, you have the right to return it within 14 (fourteen) days from the day you received it. To exercise this right, simply inform us of your decision by email or telephone. You may send us back the dispatch, at your own cost, without giving any reason and without any penalty. Of course, you will not have to pay for this dispatch.
As soon as we have registered the return of the dispatch, your debt will be cancelled. The dispatch must be returned, sealed, with the invoice, to the address specified on the Contact/FAQ page of the Series website. We reserve the right to charge you for any returned dispatch which is not in its original condition. If you keep a dispatch for more than 14 (fourteen) calendar days from the date that you receive it then you shall be deemed to have accepted that dispatch.
Reimbursement: If you have already paid for the dispatch, we will reimburse you the cost of the returned dispatch.
Cancellation of a Subscription: You are free to cancel your Subscription at any time, giving 28 days’ notice, by contacting our customer service team via telephone, post or email; or by following the instructions on you online account. All the free received gifts are yours to keep.
6. Prices
The price (for an Issue or Subscription will be the price displayed on the terms and conditions of each Series presented on the Site. Unless stated otherwise, all prices displayed on the Site are exclusive of charges for packaging and delivery within all states in US, and any other sales taxes unless stated otherwise. In the event of a significant increase in production and transport costs, the publisher reserves the right to modify its selling prices.
7. Terms of Payment
Unless specified otherwise on the terms & conditions of the Series, if you pay for your Subscription via a debt or credit card or a PayPal account we will debit your card or PayPal account at the same time as your package is shipped.
We reserve the right to contact you to request an alternative method of payment if our records indicate that the card chosen is about to expire during the Subscription.
All dispatched products remain the property of Hachette until payment is received. Remittance will not be considered as a payment until the funds are cleared in Hachette's or its agent's bank account.
8. Delivery
Hachette endeavors to deliver the Issues promptly and at the frequency specified in the Series terms and conditions. Dispatch will be sent using UPS (or Surepost) and are trackable. However, Hachette is not liable for any delay in delivery howsoever caused.
9. Liability
If you notify Hachette of any valid claim in respect of any Issue which is based on any defect in the quality or condition of such Issue or any product supplied with it, Hachette shall at your option either replace the relevant Issue free of charge or refund the Issue. Should Hachette be unable to supply you with Issues due to circumstances beyond its control, Hachette will notify you of such circumstances and if those circumstances continue for a period of 6 (six) months either you or Hachette may terminate the order for the Issue or (as appropriate) the Subscription immediately. Any advance payments made by you for Issues not delivered by the date of termination will be refunded. Hachette will refund you for the faulty Issue(s) only and will not refund you for the rest of the Series.
Hachette will not be responsible for any loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure or any indirect or consequential loss or business losses.
Hachette cannot guarantee stock of Issues 6 (six) months after the availability of the offer on the Site. Should Hachette be unable to supply you with Issues, Hachette will not be responsible for any Issues you are missing in your Series. Hachette limits its liability regarding use of its website in the Website Copyright and Liability Notice. Nothing in these Conditions will affect your statutory rights relating to faulty or misdescribed goods.
10. Termination
Hachette may cancel any Subscription at any time in writing if you break any of any of your obligations in these Conditions and in particular your obligation to pay for your Subscription.
11. Governing Law and Jurisdiction
All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the United States and the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.
12. General
Any notice required or permitted to be given either by you to Hachette or by Hachette to you under these Conditions will be in writing and/or email.
A notice addressed to Hachette will be sent to its customer service as shown on the "Contact Us" page on the Site. Any notice to be sent to you will be sent to the delivery or email address of the Issue specified in your order. Hachette will try and solve any disagreements quickly and efficiently.