Leamington Books Terms and Conditions
PRIMARY WEBSITE TERMS AND CONDITIONS
FOR LEAMINGTON BOOKS
In using this website you are deemed to have read and agreed to the following terms and conditions. I know it is highly unlikely that you will read them, but I have read them, hell, I even wrote them, and they are pretty straightforward.
First of all, the following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements that may arise from them: Client, the Client, You and Your or User or Viewer refers to you, ye, or sometimes thou, otherwise known as the person accessing this website and accepting the Company’s terms and conditions.
That's you and if you are in any doubt as to whom that may be, switch on your webcam and peer in.
The Company, Ourselves, We and Us, refers to Leamington Books, yippee! whereas Party, Parties, or Us, refers to both the Client or you (see above) and ourselves, or either the Client or ourselves, or sometimes a party, such as a launch party.
Agreement refers to these conditions and terms and our acceptance of them.
These terms stand in utter accordance with and subject to prevailing Scottish Law, and pertain to any financial arrangements made under the United Kingdom's monopoly on force as exercised in Scotland, England, Northern Ireland and Wales. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same as any of those above listed terms, and so say us, and we reserve the right to add and delete these terms and their meanings as we see fit.
Leamington Books does not merely say that it is committed to protecting your privacy. That is the primary reason that we have no Google, Facebook or Yahoo plug-ins of any sort on this site. There is no Google tracking installed on this site, so no external service has access to records of your visit to this site, other than any records they will have recorded post your acceptance of their own Terms and Conditions as a user of their web services, whether it be via search, or another facility.
Authorised employees of Leamington Books may see the most basic information concerning your visit to this site, such as your location and IP address, duration of visit and pages visited, and this is granted on a need to know basis only. If you visit the Leamington Books website, then this fact along with the date, time, duration of your visit, and your location etc, will doubtless be recorded by the referring site, but we do not record this data in any of our website's folders, although it is recorded by the owner of our web server, which is a company called JustHost.
Google Analytics is recording data from over 18 million websites in the world, but not this one. The site that you came from will record your visit here, but that is where the tracking ends, because we will not. The benefit for you, other than the fact of your privacy, is that pages will load faster on leamingtonbooks.co.uk as these pages are not sending messages to potential advertisers and their agents concerning your browsing. This site is therefore cookie-free and contains no tracking or recording software.
We do review our systems and data to ensure the best possible service to our customers. Generally this review means keeping the site free of third-party plug-ins as it is them that cause all the problems out there.
We are not registered under the Data Protection Act 1998 but any information concerning you and your respective so-called Client Records will not be passed to third parties, such as those involved in passing that 1988 Act, as an example. The 1998 Act, out of interest, covers the whole of the United Kingdom and works in two ways. Firstly, it gives you certain rights as an individual, and secondly, organisations that record and use personal data must be open about how the information is used and must follow the eight principles of the legislation.
To respect the spirit of the Act, client records collected by Leamington Books are regarded as confidential and will not be divulged to any third party, other than with your express permission, and even though we will never ask for that permission, it makes legal sense to include that sentiment in this sentence.
If we are legally required to pass your information to any authority which claims a monopoly on force, it is likely we will destroy those records before the authority can access them. This cannot be said of the owner of the web-servers which host this site, who are based in Utah, USA, and they will have their own ideas about this, and should any authority with a monopoly on force contact them for your information, assuming it is or has at one time been stored on their web servers, we cannot in all honesty predict what they will do although they will probably hand it over. It is virtually impossible for us to say with absolute accuracy what back-up copies and records, if any, the owners of that server keep. But we know what we keep and we retain details of your visit, location, IP and duration for 12 months, although we assume that JustHost will keep them indefinitely.
Clients of this website have the right to request sight of, and copies of any and all client records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services, and that would include printouts of this page. Where appropriate, we shall issue clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent any personal information to any third party or use any e-mail address we gather for unsolicited mail. Any emails sent by Leamington Books will only be in connection with the provision of agreed services and products. If you buy a book from this site we will store your email address, yes, but we will never use it, or indeed ever contact you again.
DISCLAIMER - EXCLUSIONS AND LIMITATIONS
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this will exclude all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and it will also excludes all liability for damages arising out of or in connection with your use of this website.
That means if you are viewing this website on your phone while driving, and crash your car, we will not be held responsible. Further if you are viewing this website on your mobile phone or tablet, and miss a step and fall through a plate glass window into a pit of spiders, we will also not be held responsible. This includes, without limitation, direct loss of life, limb or property, the, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised Leamington Books of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages, including falling through plate glass or any other type of glass, and landing in a pit of spiders, or alligators, or even rabbits.
Leamington Books does not however exclude liability for death or personal injury caused by its negligence. Therefore, if we neglect this site, causing it to be attacked by malicious coders, who then use the site to DDOS your tablet, and you fall in a pit of rabbits, we may be responsible. The above exclusions and limitations apply only to the extent permitted by law, and this will depend very much on the type of creature in the pits into which you risk falling and our liability regarding any obligations we have to maintaining site safty, and will involve us ensuring that our site is free of viruses and malicious code of any kind. None of your statutory rights as a consumer are affected.
Cash or Personal Cheque with Bankers Card, all major Credit/Debit Cards, and PayPal are all acceptable methods of payment. Our Terms are payment in full within thirty days. Though we really prefer the payment up-front.
All goods remain the property of Leamington Books until paid for in full. Monies that remain outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing Bank of England's base rate on the outstanding balance until such time as the balance is paid in full. Anyone who fails to pay debts to Leamington Books, will be put in the pit of rabbits if we catch them, although they will be lowered in and not dropped, and also they will not be obliged into the pit via the plate glass window. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice 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.
Further, returned cheques will incur a £25 charge to cover banking fees and administrative costs, not because we are bastards, but because this is what our bank will charge us. In an instance of a second returned cheque, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only, pending the decision of the master of the rabbit pit. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full. This will mean you will get no books if you repeatedly send us dodgy cheques.
No credit card information is stored by Leamington Books. All card handling is done off this site and is securely handled by PayPal. During a purchase Leamington Books will only ever have access to your delivery address, your billing address, your name and email address, and any other information you provide to us in the Customer Note field which concludes the checkout process.
Cancellation Policy - Termination of Agreements - Refunds
We have a cancellation policy which is outlined on our Delivery and Returns page.
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.
Any monies that have been paid to us which constitute payment in respect of the provision of returned, damaged or unwanted goods, shall be refunded, and in the case of the unwanted goods, this policy extends to 21 days. Please contact us for more information, or if you still wish to return an item outwith the normal 21 day period.
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 permitted, including such by framing or other similar or any other means. Leamington Books does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best of our ability. By using this service you thereby indemnify Leamington Books, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to administer the site, but do not track user’s movement, and we do not gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information, at least not by Leamington Books.
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 not used within Leamington Books. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
You don’t need to get consent for all cookies that are served to your computer or device. Cookies that are deemed strictly necessary for the running of a website are excluded from the 2011 EU directive on cookies. The definition of strictly necessary is black and white. Cookies that are considered strictly necessary are:
- Cookies to remember items in a shopping basket
- Cookies providing essential security measures
- Cookies used for quick loading and distribution of content
However, some common web services are not considered strictly necessary and none of these are placed on this website. These include but are not restricted to:
- Google Analytics, or similar software to analyse visitors
- Cookies that remember user preferences
- First and third party advertising cookies
- Facebook "like" buttons
Links to this Website
You may 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. Therefore if we make a statement such as 'government is the monoply on force' and you link to a page that contains this statement and are arrested and subjected to that very same force, this will not be our responsibility.
Links from this website
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, most of which contain Wordpress cookies, Google Analytics scripts, Facebook 'Like' buttons, and other code that records your browsing habits and preferences.
We therefore encourage our users to be aware that this is a completely clean site, and they should ken that when they browse away fae here, and leave our site, that they should read the privacy statements of the sites they visit, because those privacy statements will be vastly different from this one.
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 the owners of these sites.
Leamington Books 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.
Copyright and other irrelevant intellectual property rights exists on no text relating to Leamington Books' services and the full content of this website. Leamington Books' logo is not a registered trademark of Leamington Books in the United Kingdom and other countries, and in fact the logo is a jpeg that took about 45 seconds to conceive of and create on the free open source software known as paint.net. Record time, I know.
We have one e-mail addresses for all queries. These, and other contact information, can be found on our website or via company literature or at the foot of our About page.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God (or multiple gods if the earth suffers a pantheistic attack), terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. In the event of political insurgence, we shall see you on the streets.
Any Party affected by any such event listed here, shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein. This means that if there is a war you might not have to pay for your book, or if there is a terrorist attack on our street, we might not be able to deliver it to you.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
While it is true that the laws of Scotland govern these terms and conditions, Leamington Books does not recognise the right of the governments of Scotland or the United Kingdom to their monopoly of force, and their right to initiate force in any circumstance.
However, as this force is being exerted whether Leamington Books recognises it or not, we must therefore sadly maintain that by accessing this website and buying our products you still consent to these terms and conditions and to the exclusive jurisdiction of the Scottish courts in all disputes arising out of such access, because even if we don't approve of the intrinsic and immoral initiation of force claimed by governments, you probably do, and will be happy to have a designated third-party with a monopoly on force resolve any dispute.
Finally, If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above, with the possible exception of political insurgence), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.
Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except by duly authorised representatives of Leamington Books.
Notification of Changes
These terms and conditions form part of the Agreement between you and ourselves. Your accessing of this website and/or undertaking of a purchase indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.