Terms and Conditions
1. Definitions
1.1 The “Seller” means ISBN BARCODES.
1.2 The “Buyer” means any person who accepts a quotation for goods or services by the Seller or whose order for goods or services is accepted by the Seller.
1.3 “goods” means any goods which the Seller is to supply to the Buyer.
1.4 “services” means any services which the Seller is to provided to the Buyer.
1.5 “conditions” means the terms and conditions set out herein and any special or additional conditions agreed in writing by the Seller.
1.6 “writing” includes by mail, facsimile transmission or email.
2. Conditions
2.1 These conditions apply to all contracts for sale of goods by the Seller to the Buyer and shall be deemed to supersede and exclude all other terms and conditions including any which the Buyer may seek to apply under any purchase order, confirmation of order, or similar document.
2.2 No variation or addition to these terms and conditions shall be effective unless agreed in writing by a duly authorised officer of the Seller.
2.3 No employee or agent of the Seller is authorised to make any representations concerning goods on the Seller’s behalf unless such representations are confirmed in writing by the Seller and any representations made without the written confirmation of the Seller may not be relied upon in connection with any contract.
2.4 Until dispatch of goods by the Seller to the Buyer or the Buyer’s acceptance in writing of any quotation of the Seller for the supply of goods or services (whichever shall first occur) no contract for the sale of goods or services shall arise.
2.5 The Seller shall be at liberty to correct without any liability on the Seller’s part and without prior notification any error or omission in any sales literature, price list, acceptance of offer, quotation, invoice, or other document issued by the Seller.
2.6 On the Buyer accepting delivery of the goods or accepting in writing a quotation for the supply of goods or services such acceptance shall be deemed to be acceptance of these conditions.
2.7 Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies
2.8 We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
2.9 Membership of the IPN is free to any authors wishing to publish their works in the UK. Membership is subject to the terms as set out on our website and any other policies we may implement as we deem necessary. Membership does not confer on members any rights. We reserve the right to terminate membership at any time without giving reason.
2.91 You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
2.92 We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
2.93 Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
3. Order Acceptance
3.1 The advertisement of any merchandise or service on this site does not constitute an offer to sell. Your receipt of an order confirmation (electronic, fax or other form) does not constitute our acceptance of your order, or confirm our offer to sell. The Seller reserves the right to accept or decline your order for any reason.
4. Prices
4.1 The Seller makes every effort to have all products offered on our website in stock and at the price listed. The pricing and availability information presented on our site is the most current information we have, but unfortunately mistakes do occur, and this information does not constitute a guarantee of price or availability.
4.2 If a product you have ordered is not available for shipment, we will do our best to let you know. Anticipated delivery dates are dependent upon many factors beyond our control and are subject to change.
4.3 The price for the goods or service shall be that on the Seller’s current price list unless otherwise agreed in writing by the Seller.
5. Payment
5.1 The Seller is prepared to consider applications for credit accounts from corporate customers subject to approved references.
5.2 Non-credit account Buyers must make payment in full of any invoice before dispatch of goods.
5.3 Payment may be made by cash, cheque, credit or bank transfer.
5.4 Buyers with credit accounts must make payment in full on the terms of credit agreed which shall not be more than 30 days from the date of invoice unless otherwise agreed in writing by the Seller.
5.5 If any invoice shall become overdue for payment interest shall be payable at 2% per month from the date the payment became due under the invoice until the date of payment. Such interest shall accrue both before and after any Judgement.
5.6 All major Credit/Debit Cards are all acceptable methods of payment. Bank transfer is also acceptable upon request. Our Terms are payment in full within thirty days. All goods remain the property of the Company until paid for in full. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed £3000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
6. Delivery
6.1 The Seller will take all reasonable steps to keep to any estimated delivery date but time shall not be of the essence. The Seller shall not be liable for any losses consequential or otherwise arising directly or indirectly out of any failure to meet an estimated delivery date. The Seller reserves the right to make delivery in advance of the quoted delivery date on giving reasonable notice to the Buyer.
6.2 The method of dispatch of all goods shall be at the Seller’s absolute discretion.
7. Ownership and Risk
7.1 Upon delivery of the goods to the Buyer or upon the goods being retained at the Seller’s premises at the Buyer’s request the risk in the goods shall immediately pass to the Buyer.
7.2 Title to the good shall remain vested in the Seller until the invoice for the goods has been paid in full.
7.3 The Buyer shall hold the goods as the Seller’s fiduciary agent and bailee until such time as title to the goods passes to the Buyer and shall keep the goods properly stored and protected and insured and identified as the Seller’s property.
7.4 Whilst the purchase price for any goods delivered to the Buyer shall remain overdue for payment either wholly or in part then without prejudice to any of its other rights the Seller may recover and/or resell the goods or any of them and may enter on the Buyer’s premises by its servants or agents to recover the goods and shall be entitled to recover from the Buyer any costs incurred in connection with such recovery.
7.5 Until payment for any goods has been made in full the Buyer shall not pledge, charge by way of security or in any other way encumber the goods which remain the property of the Seller.
8. Warranties
8.1 Each party warrants that it has the right and full power and authority to enter into this Agreement.
8.2 The Seller warrants that the goods will be free from defect in material and workmanship under normal use, provided the goods have been used in accordance with instructions and normal industry standards. The Seller also warrants that it will pass to Purchaser good title to the Products. This is the ONLY warranty extended on the Products and Buyer expressly agrees that it is taking the Products “AS IS” and the Seller makes no other warranty, express or implied.
8.3 The Seller’s warranty shall not come into force unless the invoice for the goods was paid by the due date.
8.4 Save as provided in these conditions, all warranties, conditions or other terms implied by statute, common law or otherwise are excluded to the extent permitted by law.
8.5 Any description does not express or imply a warranty that the products are merchantable or fit for a particular purpose.
8.6 The Seller shall not be responsible for any incompatibility of use issues or held liable to the Buyer by reason of any representation or any implied warranty, condition or other term or any duty of common law for any direct or indirect special or consequential loss or damage expenses or other claims for compensation whatsoever whether caused by negligence of the Seller, its employees or agents or otherwise which arise out of or in connection with the supply of goods or their use or resale by the Buyer of whatsoever nature.
8.7 The Seller does not warrant that its barcode products will be accepted by any retailer and shall not be responsible for any non-acceptance or use issues or held liable to the Buyer by reason of any inability or other reason for the Seller’s barcode products to not be accepted by any retailer, wholesaler or other party. The Buyer acknowledges that before purchasing any goods or services from the Seller, it is the Buyers responsibility to determine whether the retailers they intend to supply to have any specific barcoding requirements, and whether the Sellers goods and services will be suitable for this purpose.
8.8 The Seller makes no other warranties, expressed or implied in respect to the goods, their quality, fitness or marketability for any specific use or purpose. Any goods warranty applies only to the Buyer and not to any third party and no liability or consequential damages in respect of any use of the goods, negligence, misuse or modification is accepted.
8.9 The Buyer specifically agrees that the Seller will not be liable for any special, incidental, consequential, indirect or other similar damages arising from breach of warranty, breach of contract, negligence, strict liability, or any other kind of civil liability connected with this agreement or the use of the Sellers products. The Seller makes no warranties of merchantability or fitness for any particular purpose of the products.
8.10 The Seller shall not in any circumstances whatsoever be liable for indirect or consequential loss such as (but not limited to) loss of profit, loss of market or the consequences of delay or deviation however caused.
8.11 The commencement date of all warranties is the date of delivery to the Buyer from the Seller.
8.12 Any liability for consequential and incidental damages is expressly disclaimed.
8.13 The Sellers liability in all events is limited to, and shall not exceed the purchase price paid for the goods or service sold that gives rise to such liability. The Sellers payment of such amount shall be the final and exclusive remedy in the exhaustion or unavailability of any other remedy specified herein and shall not be construed or alleged by the customer to have failed of its essential purpose.
8. 14 Unless otherwise stated, the services featured on this website are only available within the United Kingdom, or in relation to postings from the United Kingdom. All advertising is intended solely for the United Kingdom market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
9. Force Majeure
9.1 The Seller will not be responsible for any delay in delivery, or failure to deliver, any products if such delay or failure results from causes beyond its reasonable control, including but not limited to, acts of God, war, terrorism, labour disputes, delay or failure of suppliers or of transportation, or governmental acts.
10. Cancellation of Contract/Return of Goods/Replacement of Defective Goods
10.1 No contract may be cancelled once it is accepted by the Seller and no goods may be returned save at the absolute discretion of the Seller.
10.2 Any alleged defect in the goods must be notified to the Seller within seven days of the date of delivery. In the event that delivery is refused and the Buyer fails to notify the Seller within the time stated no rejection of the goods will be accepted and the full purchase price shall be payable by the Buyer.
10.3 In the event that any valid claim is notified to the Seller based on the goods delivered under the contract being defective the Seller shall at its discretion be entitled to replace the goods free of charge or refund the Buyer the price of the goods and the Seller shall have no further liability to the Buyer.
10. 4 Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.
11. Modification of Terms.
11.1 The Seller’s acceptance of any order is subject to the Buyer’s assent to all of the terms and conditions set forth in these terms and conditions, and the Buyer’s assent to these terms and conditions shall be presumed from the Buyer’s acceptance of all or any part of the goods or services ordered. No addition or modification of terms and conditions shall be binding upon the Seller unless agreed to by the Seller in writing. If a purchase order or other correspondence contains terms or conditions contrary to the terms and conditions contained in these terms and conditions, the Seller’s acceptance of any order shall not be construed as assent to any additional or varied terms and conditions, nor will that constitute a waiver or variation by the Seller of any of the terms and conditions contained herein.
12. Notices
12.1 Any notice required to be given by the Buyer to the Seller shall be in writing addressed to the Seller at its registered office or principle place of business and shall be delivered personally or sent by first registered mail. (2C Handley Ave, Devonport, Auckland 6024, New Zealand )
13. Governing Laws
13.1 All disputes arising out of or in connection with this contract shall be determined and governed by the laws of New Zealand. Notwithstanding the foregoing, any legal action by Customer with respect to any transaction must be commenced within three months after the cause of action has arisen.
14. Severability
14.1 If any portion of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable term shall be redefined, or a new enforceable term provided, such that the intent of the Seller and the Buyer in agreeing to the provisions of these Terms and Conditions shall be enforceable to the fullest extent of the applicable laws.
14.2 If any provision of this Agreement is wholly or partially invalid or unenforceable, the other provisions of the Agreement will not be affected by such invalidity or unenforceability.
15. Intellectual Property
15.1 Letters, quotations and proposals may contain proprietary and confidential information belonging to the Seller. This includes, but is not limited to any content, intellectual property, technical method and text incorporated into the document. It shall not be used, disclosed or reproduced, in whole or in part, for any purpose other than to evaluate this document, without the prior written consent of the Seller. Title in and to this document and all information contained herein remains at all times with the Seller.
16. No Third Party Benefit
16.1 The provisions stated above are for the sole benefit of the parties hereto and confer no rights, benefits or claims upon any person or entity not a party hereto.
17. Accuracy
17.1 All information contained in this Site is based on up-to-date information, and while the Seller endeavours to ensure that material is correct, accuracy cannot be guaranteed and the Seller makes no warranties or representations as to its accuracy.
18. Site Revisions
18.1 All information contained in this Site is based on up-to-date information. The Seller reserves the right to make changes to this Site at any time, without prior notice. By entering this Site, you hereby acknowledge and agree to these changes.
19. Privacy Policy
19.1 The Seller agrees that information supplied to the Seller via the web Site will be used for the purpose of making available the goods and services provided by the Site. The Seller will not sell this information to any third party who is not involved in the process of providing the required goods and services to the buyer. The only information we may publish on our website is the ISBN numbers we’ve sold/distributed, and the corresponding publication titles and details, and the names of the author/contributor/editor. We will not sell, share, or rent your email or postal address to any third party, or use your email address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
20. Cookies
20.1 In order to comply with new EU Legislation we are required by law to inform you of what cookies our site uses and what they are for. A cookie is a small file that is stored on your machine, when you log into your email a cookie is placed onto your machine. When you place items into a shopping basket online one is placed onto your machine so the site can work out who you are. This way you do not end up with someone else’s shopping or log into someone elses email account.
20.2 If you use our site, our site will place the following cookies onto your machine:
- Google Analytics – We use this to monitor our website performance. It will not collect personally identifiable data about you and is used purely for statistics.
- Session cookie – This is used to log you into the site. Without it our site would not function.
- Consent – This cookie stores the fact that you agree to receive these cookies on your machine. We will not ask again.
21. Entire Agreement
21.1 This constitutes the entire Agreement between the Buyer and the Seller. The placement of an order to purchase shall be deemed to be acceptance of these terms by the Buyer. These Terms and Conditions supersede all prior proposals, offers, discussions, correspondence, or communications regarding this transaction. They may only be modified by a subsequent agreement in writing approved by the Seller.