Terms & Conditions | Books by the Yard

Business To Consumer Terms of Sale

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Please read these Terms of Sale carefully before placing an order with Us. These Terms of Sale, together with any other documents referred to herein (unless otherwise stated), set out the terms under which Goods are sold by Us to consumers (private individuals) through this website (“Our Site”).

These Terms of Sale explain who We are, how Our Goods will be provided to you, how you or We may change, cancel, or otherwise end the Contract, what to do in the event of problems, and other important information.

You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our site. These Terms of Sale, as well as all Contracts, are in the English language only.

1. Definitions and Interpretation

1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Contract” means a contract for the purchase and sale of Goods, as explained in Part 10;

“Contact Tools” means any online communications facility that We make available on Our Site enabling you to contact Us including, but not limited to, contact forms and live chat;

“Goods” means the goods sold by Us through Our Site;

“Order” means your order for Goods;

“Order Confirmation” means Our acceptance and confirmation of your Order;

“We/Us/Our” means The Rare Book Dealer Limited Trading As Books By The Yard.

1.2 Unless the context otherwise requires, each reference in these Terms of Sale to:

1.2.1 “writing”, and any similar term, includes a reference to any communication effected by electronic or facsimile transmission or similar means;

1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

1.2.3 a Part or paragraph is a reference to a section, part, or clause of these Terms of Sale.

2. Information About Us

2.1 This Site is operated by The Rare Book Dealer Limited Trading As Books By The Yard. We are a limited company registered in England and Wales under company number 12938250. Our registered address is Unit M6(01) Frome Business Park, Manor Road, Frome, England, BA11 4FN. All intellectual property, Name, Brand Marks, Logo Design, “booksbytheyard.co.uk” URL/domain, and the design of “Books By The Yard” are owned by The Sustainable Book Company Limited and licenced to The Rare Book Dealer Limited.

2.2 Our VAT number is 361820509.

3. How to Contact Us

3.1 To contact Us with general questions or complaints by email, please email Us at.

3.2 To contact Us about the Goods or your Order by email, please email Us at books@booksbytheyard.co.uk.

3.3 To contact Us about cancellations by email, please email Us at books@booksbytheyard.co.uk.

4. Access to Our Site and Use of Our Site

4.1 Access to Our Site is free of charge.

4.2 It is your responsibility to make the arrangements necessary in order to access Our Site.

5. Changes to these Terms of Sale

5.1 We may alter these Terms of Sale from time to time, for example, to reflect changes in relevant laws and regulatory requirements. If We do so, details will be highlighted at the top of this page. If the changes are likely to affect your Order, We will inform you in advance by email and you may contact Us to end the Contract before the changes take effect. If you end the Contract for this reason, you will receive a refund for any Goods paid for but not received.

5.2 If any part of the current version of these Terms of Sale conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.

6. Business Customers

These Terms of Sale do not apply to customers purchasing Goods in the course of business. If you are a business customer, please consult our Business Terms of Sale.

7. Goods, Descriptions, and Changes

7.1 We make all reasonable efforts to ensure that all descriptions and images of Goods available from Us on Our Site match the actual Goods. Please note:

a) Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product due to differences in computer or device displays and lighting conditions;

b) Images or descriptions of packaging are for illustrative purposes only and the actual packaging may vary.; and

c) “Yards” – Books sold “by the yard” are defined in units with one “Yard” being 0.9144 meters (or greater at no extra cost at Our discretion). The purchase of a “Yard” for the purposes of this contract is the purchase of 0.9144 meters of books, measured front to back across the spines of said books.

d) Due to the nature of certain Goods, including but not limited to the fact that each “Yard” or 0.9144m of books sold is unique being complied as it is from pre-owned books, there will be a variance between the actual Goods, including but not limited to titles, and print editions, and the description.

7.2 Please note that Part 8.1 does not exclude Our responsibility for mistakes due to Our negligence. It refers only to minor variations in the correct Goods, not to different Goods. If you receive Goods that are not as described, please refer to Part 14.

7.3 Minor changes may be made to certain Goods from time to time. This may happen between you placing your Order and the Goods being dispatched. Minor changes may be made, for example, to reflect changes in relevant laws and regulatory requirements or to address particular technical or security issues. Minor changes will not change the main characteristics of the Goods and will not affect your use of those Goods.

7.4 Where appropriate, you may be required to select the required size, title, colour, number, or other parameters of the Goods that you are purchasing.

7.5 As explained in the descriptions of the Goods, more significant changes may also be made to the Goods from time to time. If We make such changes, We will inform you and you may contact Us to end the Contract before the changes are made. If you end the Contract for this reason, you will receive a refund for any Goods paid for but not received.

8. Pricing

8.1 We make all reasonable efforts to ensure that prices shown on Our Site are correct. We may change prices from time to time. Changes in price will not affect any Order that you have already placed. Please note, however, that changes in VAT will, as explained below in Part 9.2.

8.2 All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

8.3 All prices are checked before We accept your Order. If We have shown incorrect pricing information, We will inform you of the mistake in writing. If the correct price is higher than that shown when you make your Order, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If you do not respond within 14 days, We will treat your Order as cancelled and inform you of the cancellation in writing.

8.4 If We mistakenly accept and process an Order where an obvious and unmistakeable pricing error has been made, which you could have reasonably recognised as mispricing, We have the right to end the Contract, refund any sums paid, and require you to return the affected Goods to Us.

8.5 Delivery charges are not included in the price of Goods shown on Our Site. For more information on delivery charges, please refer to our delivery information. Delivery options and related charges will be presented to you as part of the order process.

9. Orders and How Contracts Are Formed

9.1 Our Site will guide you through the ordering process. Before submitting your Order, you will be given the opportunity to review and amend it. Please ensure that you check your Order carefully before submitting it.

9.2 If you provide Us with incorrect or incomplete information during the order process, please contact Us as soon as possible. Where any information is required, it will be stated on Our Site, either in the product descriptions or during the order process, as applicable. If We cannot process your Order due to incorrect or incomplete information, We will contact you to ask you to correct it or provide the missing information required for Us to supply the Goods to you. If you do not provide the required information within a reasonable period of Us asking for it, or if the information is inaccurate or incomplete, We may either end the Contract or charge you a reasonable sum as compensation for the extra work required as a result. We will not be responsible for supplying the affected Goods late or for not supplying the affected Goods if this is due to you not providing Us with the required information within a reasonable period of Us asking for it.

9.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer. Our acceptance of that offer is indicated by Us sending you an Order Confirmation by email. Only once we have sent you an Order Confirmation will there be a legally binding Contract between Us and you for the sale of the Goods.

9.4 Order Confirmations contain the following information:

a) Your Order Number;

b) Confirmation of the Goods ordered including full details of their main characteristics;

c) Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery, and other additional charges;

d) Estimated delivery date(s)

9.5 Please quote your Order Number if you contact Us about your Order for any reason. You do not have to do this, but it may help Us to locate your Order and help you more quickly and easily.

9.6 In the unlikely event that We cannot accept your Order, We will inform you in writing and explain why. No payment will be taken under normal circumstances. If We have taken payment, any such sums will be refunded. We may not accept your Order because the Goods are out of stock, because of unexpected limits on Our resources that We could not have reasonably planned for, because We have identified a mistake in the description or price of the Goods, or because We are not able to meet a delivery deadline that you have set.

10. Payment

10.1 Payment for Goods and related delivery charges must always be made in advance. You will be prompted to provide payment details during the ordering process.

10.2 Methods of payment are detailed at Checkout.

11. When You Own the Goods. Ownership of the Goods passes to you once We have received payment in full of all sums due.

12. Delivery

12.1 All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the ordering process.

12.2 We will not be responsible for delays that are outside of our reasonable control. If delivery is delayed for such a reason, We will inform you as soon as possible and will take steps to minimise the impact of the delay.

12.3 If the goods have yet not been dispatched and there is a risk of a substantial delay to the pending dispatch date, you may contact Us to end the Contract and will be refunded any sums paid for Goods that you have not received.

12.4 If you are collecting the Goods from Us instead of having them delivered to you, they can be collected during Our business hours.

12.5 If you are collecting goods, we may charge you for storage if the Goods are not collected within 14 days. If, despite Our reasonable efforts, We cannot contact you or cannot arrange for collection of the Goods, We may end the Contract and issue you with a refund. We may deduct a reasonable sum in compensation for any net costs incurred by Us as a result.

12.6 In the unlikely event that We do not deliver the Goods on time (within 30 calendar days of the Order Confirmation or as otherwise agreed or specified), you have certain legal rights. If any of the following apply, you may treat the Contract as being at an end immediately:

a) We have refused to deliver the Goods;

b) In light of all relevant circumstances, delivery within the specified or agreed time period was essential; or

c) You told Us when ordering the Goods that delivery within the specified or agreed time period was essential.

12.7 If you do not wish to cancel under Part 12.6, or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.

12.8 You may cancel all or part of your Order under Parts 12.6 or 12.7 provided that separating the Goods in your Order would not significantly reduce their value. For the avoidance of doubt a quantum of books ordered as a single Good (a “Yard”), is considered a single Good and cannot be returned in part. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you. If any cancelled Goods are then subsequently dispatched and delivered to you, you must return them to Us or arrange for their collection. We will cover the costs of postage or collection. Please contact Us using the details provided above in Part 3 for a return label or to arrange collection.

12.9 If any cancelled Goods after subsequently dispatch and/or delivery to you, you must return them to Us or arrange for their collection. You will cover the costs of postage or collection. Please contact Us using the details provided above in Part 3. As explained in Part 10.2, We will not be responsible for delivering Goods late or for not delivering Goods if this is due to you not providing Us with required information within a reasonable period of Us asking for it.

13. Faulty, Damaged, or Incorrect Goods

13.1 This Part 13 provides a summary of your legal rights as a consumer. These rights may be subject to certain exceptions. For full details please refer to the Citizens Advice website or contact them on 0808 223 1133. Nothing in these Terms of Sale will affect your legal rights.

13.2 The Consumer Rights Act 2015 requires that goods must be as described, fit for purpose, and of satisfactory quality. During the expected lifespan of a product, your legal rights are as follows:

a) Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject them and to receive a full refund if they do not conform as stated above.

b) If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a repair of the Goods or a replacement. We will carry out the repair or replacement within a reasonable time. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 calendar days remain out of the original rejection period, the time remaining will be extended to 7 calendar days.

c) If, after a repair or replacement, the Goods still do not conform (or if We cannot repair or replace them, as described above, or have failed to act within a reasonable time or without significant inconvenience to you), you may ask Us to attempt the repair or replacement again (you do not have to give Us multiple opportunities to do so if you do not want to), or you have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.

d) If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.

e) Within a period of six years after you have received the Goods (and ownership of them), if the Goods do not last a reasonable length of time, you may be entitled to a partial refund. Please be aware that after six months have passed since you received the Goods, you must prove that the defect or non-conformity existed at the time of delivery.

13.3 Please note that you will not be eligible to claim under this Part 14 if:

a) We informed you of the problem(s) with the Goods before you purchased them or you had the opportunity to examine them before purchase and the problem(s) should have been obvious to you; or

b) You have caused the problem(s) yourself, for example, through misuse or intentional or careless damage; or

c) You have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem(s) has/have resulted from your use of the Goods for that purpose; or

d) The problem(s) is/are the result of normal wear and tear; or

e) You have changed your mind (please refer to Part 16).

13.4 If there is a problem with the Goods, please contact Us using the details provided above in Part 3.

13.5 If you exercise your legal right to reject the Goods, you must return them to Us.

13.6 To return Goods to Us for any reason under this Part 14, please post them to Us, arrange for their collection, or return them in person.

14. Your Rights to Cancel and End the Contract

14.1 If the Goods are faulty or misdescribed, you may have a legal right to end the Contract, to have the Goods repaired or replaced, or to get a full or partial refund. Please refer to Part 13, above, for more information.

14.2 If you are a consumer and have changed your mind, you may have a legal right to a “cooling-off period” within which you can end the Contract for any reason. Please refer to Part 15, below, for more information.

14.3 If you wish to end the Contract because of something We have done or are going to do, please refer to Part 17, below, for more information.

15. Cancelling and Ending the Contract if You Change Your Mind

15.1 If you are a consumer, the Consumer Contracts Regulations 2013 give you the legal right to change your mind and end the Contract for any reason. This 14 calendar day “cooling-off period” begins once your Order is complete and we send you the Order Confirmation, i.e. when the Contract is formed, and ends as set out below. You may also cancel for any reason before We send the Order Confirmation.

a) If the Goods are being delivered to you in a single instalment, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate, including but not limited to local postal services when delivery is to an overseas address) receive(s) the Goods.

b) If the Goods are being delivered in separate instalments on separate days, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate, including but not limited to local postal services when delivery is to an overseas address) receive(s) the final instalment of Goods.

15.2 If you wish to end the Contract for this reason, you must inform Us within the cooling-off period. You may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number.. Our contact details are provided above in Part 3.

15.3 Your cancellation notice is effective from the date on which you send it. Provided you send your cancellation notice or contact Us directly by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.

15.4 Please note that this right to cancel may not apply in the following circumstances:

a) If the Goods are sealed for health or hygiene reasons and you have unsealed them after receiving them;

b) If the Goods consist of sealed audio or video recordings or sealed computer software on physical media and you have unsealed them after receiving them;

c) If the Goods are likely to deteriorate quickly, for example, flowers or food;

d) If the Goods have been personalised or custom-made for you;

e) If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.

16. Cancelling and Ending the Contract Because of Something We Have Done or Will Do

16.1 You may have the right to cancel and end the Contract because of something We have done or have informed you that We are going to do. This right to cancel applies in the following circumstances:

a) We have informed you about an upcoming change to these Terms of Sale that you do not agree to (see Part 5.1);

b) We have informed you about an upcoming change to the Goods that you do not agree to (see Part 8.4);

c) We have informed you about an error in the price or description of the Goods and you do not wish to proceed;

d) There is a risk that delivery of the Goods will be substantially delayed due to events outside of Our control (see Part 13.3);

e) You have a legal right to end the Contract because We have done something wrong (including where We have not delivered the Goods on time and the circumstances in Part 13.7 or 13.8 apply).

16.2 If you cancel and end the Contract for any of the reasons set out in this Part 16, the Contract will end immediately and you will receive a full refund for any Goods which have not yet been provided.

16.3 If you wish to end the Contract for this reason, you may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number.. Our contact details are provided above in Part 3.

17. Returning Goods After Cancelling and Ending the Contract

17.1 Subject to your right to partially cancel your Order under Part 13.9, if you cancel and end the Contract for any reason after Goods have been dispatched or delivered to you, you must return the Goods to Us or arrange for their collection. Please contact Us using the details provided above in Part 3 for a return label or to arrange collection.

17.2 If you are exercising your right to change your mind under the cooling-off period as set out in Part 16, you must return the Goods to Us no more than 14 calendar days after the day on which you informed Us that you wish to cancel.

17.3 [If you are returning the Goods to Us in person instead of posting them or having them collected, they can be returned during Our business hours.

17.4 We will cover the costs of returning the Goods to Us in the following circumstances:

a) The Goods are faulty or misdescribed;

b) You are cancelling and ending the Contract because of upcoming changes to these Terms of Sale that you do not agree to;

c) You are cancelling and ending the Contract because of upcoming changes to the Goods that you do not agree to;

d) You are cancelling and ending the Contract because We have made an error in the price or description;

e) You are cancelling and ending the Contract because there is a risk that delivery of the Goods will be substantially delayed due to events outside of Our Control;

f) You are cancelling and ending the Contract because you have a legal right to do so because We have done something wrong (including where We have not delivered the Goods on time and the circumstances in Part 13.7 or 13.8 apply)

17.5 In all other circumstances including where you are exercising your right to change your mind under the cooling-off period, you must cover the costs of returning the Goods to Us.

17.6 If you are responsible for the costs of returning the Goods to Us and We are collecting them, the cost charged to you will only be the direct cost to Us of collecting the Goods.

18. Refunds

18.1 All refunds due to you will be made using the same method used by you when paying for the Goods. You will be refunded the price paid for the Goods and for delivery, subject to the following limitations and deductions:

a) If you are exercising your right to change your mind under the cooling-off period, We may reduce your refund to reflect any reduction in the value of the Goods if that reduction has been caused by your handling of the Goods in a way that would not be permitted in a shop. If We issue the refund before inspecting the Goods and subsequently discover that you have handled them in this way, We may charge you an appropriate sum.

b) Standard delivery charges (i.e. the cheapest option available for your Order) will be refunded, but we do not reimburse premium or overseas delivery charges.

18.2 All refunds due to you will be made as soon as possible. If you are exercising your right to change your mind under the cooling-off period, We will issue your refund within 14 calendar days of:

a) The day on which We receive the returned Goods;

b) The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier);

c) If We are collecting the Goods, the day on which you inform Us that you wish to cancel and end the Contract; or

d) If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel and end the Contract.

19. Our Liability to Consumers

19.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

19.2 We only supply goods to private individuals for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

19.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

19.4 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer including, but not limited to, those explained above in Part 14.

20. Complaints and Feedback

20.1 We always welcome feedback from Our customers and, whilst We always use reasonable efforts to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

20.2 All complaints are handled in accordance with Our complaints handling policy and procedure.

20.3 If you wish to complain about any aspect of your dealings with Us, please contact Us using the contact details provided above in Part 3.

21. How We Use Your Personal Information. We will only use your personal information as set out in Our Privacy Policy.

22. What Happens if We Transfer this Agreement to Another Party

We may transfer (assign) Our obligations and rights under these Terms of Sale (and the Contract) to a third party (this may happen, for example, if We sell Our business). If this Occurs, We will inform you in writing. We will ensure that your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.

23. Other Important Terms

23.1 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.

23.2 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

23.3 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.

23.4 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

24. Law and Jurisdiction

24.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

24.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 26.1 takes away from or reduces your legal rights as a consumer.

24.3 If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

24.4 If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

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Business To Business Terms Of Sale

These Terms of Sale set out the terms under which Goods are sold by Us to business customers through this website, (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.

1. Definitions and Interpretation

1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Contract” means a contract for the purchase and sale of Goods, as explained in Clause 7;

“Goods” means the goods sold by Us through Our Site;

“Order” means your order for Goods;

“Order Confirmation” means Our acceptance and confirmation of your Order;

“We/Us/Our” means The Rare Book Dealer Limited Trading As Books By The Yard , a company registered in England under 12938250, whose registered address is Unit M6(01) Frome Business Park, Manor Road, Frome, England, BA11 4FN .

2. Information About Us

2.1 Our Site, is owned and operated by The Rare Book Dealer Limited Trading As Books By The Yard, a limited company registered in England under 12938250, whose registered address is Unit M6(01) Frome Business Park, Manor Road, Frome, England, BA11 4FN. Our VAT number is361820509.

3. Access to and Use of Our Site

3.1 Access to Our Site is free of charge.

3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4. Business Customers and Consumers

4.1 These Terms of Sale apply to business customers only. These Terms of Sale do not apply to individual consumers (private inderviduals) purchasing Goods for personal use (that is, not in connection with, or for use in, their trade, business, craft, or profession). If you are a consumer, please consult Our Consumer Terms of Sale.

4.2 These Terms of Sale constitute the entire agreement between Us and you with respect to your purchase of Goods from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.

5. Goods, Pricing and Availability

5.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:

5.1.1 Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in device displays and lighting conditions;

5.1.2 All goods are pre-owned unless stated.

5.1.3 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.

5.1.4 “Yards” – Books sold “by the yard” are defined in units with one “Yard” being 0.9144 meters (or greater at no extra cost at Our discretion). The purchase of a “Yard” for the purposes of this contract is the purchase of 0.9144 meters of books, measured front to back across the spines of said books.

a) Due to the nature of certain Goods, including but not limited to the fact that each “Yard” or 0.9144m of books sold is unique being complied as it is from pre-owned books, there will be a variance between the actual Goods, including but not limited to titles, and print editions, and the description.

5.2 Please note that sub-Clause 5.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 10 if you receive incorrect Goods (i.e. Goods that are not as described).

5.3 Where appropriate, you may be required to select the required size, title, colour, number, or other parameters of the Goods that you are purchasing.

5.4 We cannot guarantee that Goods will always be available. Stock indications are not provided on Our Site

5.5 Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.

5.6 In some cases, as explained in the description of Goods on Our Site, more significant changes may be made to the Goods. If any such changes are made and will affect your Order, We will notify you in writing before the changes take effect and you will be given an opportunity to cancel your Order (or the affected part thereof), and We will issue a refund for any Goods paid for but not received.

5.7 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 5.10 regarding VAT, however).

5.8 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, We will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 14days, We will treat your Order as cancelled and notify you of this in writing.

5.9 In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.

5.10 Prices on Our Site are shown both exclusive of and inclusive of VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

5.11 For more information on delivery charges, please refer to the delivery information contained within This site. Delivery options and related charges will be presented to you as part of the order process.

6. Orders – How Contracts Are Formed

6.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.

6.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.

6.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that We have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.

6.4 Order Confirmations shall contain the following information:

6.4.1 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;

6.4.2 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;

6.4.3 Estimated delivery date(s);

6.5 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.

6.6 Any refunds due under this Clause 6 will be made using the same payment method that you used when ordering the Goods.

7. Payment

7.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process.

7.2 Payment must be made in full for your Order, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).

7.3 Methods of payment are detailed at Checkout.

8. Delivery, Risk and Ownership

8.1 All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 11).

8.2 Delivery shall be deemed complete once We have delivered the Goods to the address you have provided, including, where relevant, any alternative address accepted by Us.

8.3 Ownership of the Goods passes to you once We have received payment in full of all sums due (including any applicable delivery charges).

8.4 Responsibility for (the risk in) the Goods will pass to you when ownership of the Goods passes to you, as defined in sub-Clause 8.7.

8.5 Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods.

9. Faulty, Damaged or Incorrect Goods

9.1 We warrant that the Goods, on delivery, shall be as described; be free from material defects in design, material, and workmanship; be of satisfactory quality (as defined in the Sale of Goods Act 1979); and be fit for any purpose described by Us.

9.2 If any Goods you have purchased do not comply, subject to sub-Clause 9.3 and your compliance with sub-Clauses 9.2.1 to 9.2.3, We shall, at Our option, repair the affected Goods, replace them, or issue you with a full refund for the price of the affected Goods. The following conditions shall apply:

9.2.1 You must give Us written notice of the non-compliance within a reasonable time of discovering it;

9.2.2 You must return the Goods in question to Us (see sub-Clause 10.6 for more information); and

9.2.3 You must give Us a reasonable opportunity to examine the Goods in question.

9.3 We will not be liable for any non-compliance with the provisions of sub-Clause 9.1 of any Goods if any of the following apply:

9.3.1 You have made any further use of the affected Goods after giving Us written notice of the non-compliance under sub-Clause 9.2.1;

9.3.2 The non-compliance has arisen as a result of your failure to follow Our instructions on the correct usage, maintenance, installation, storage of the affected Goods or, where no instructions are provided, your failure to follow good trade practice with respect to the same;

9.3.3 The non-compliance has arisen as a direct result of any information (incorrect or otherwise) provided by you to Us;

9.3.4 You have made any unauthorised alterations or repairs to the affected Goods; or

9.3.5 The non-compliance is the result of normal wear and tear, deliberate damage, negligence, or abnormal or unsuitable working conditions.

9.4 The terms of this Clause 9 shall also apply to any Goods which are repaired or replaced by Us under sub-Clause 9.2.

9.5 Except as provided in this Clause 9, We shall have no further liability to you with respect to Goods which do not comply with sub-Clause 9.1.

9.6 To return Goods to Us for any reason under this Clause 9, please contact Us at arrange for a collection and return.

9.7 Refunds (whether full or partial) under this Clause 9 will be issued within 14 days of the day on which We agree that you are entitled to the refund.

9.8 Any and all refunds issued under this Clause 9 will include all delivery costs paid by you when the Goods were originally purchased.

9.9 Refunds under this Clause 9 will be made using the same payment method that you used when ordering the Goods.

10. Our Liability

10.1 Subject to sub-Clause 10.4, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.

10.2 Subject to sub-Clause 10.4, Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be 100% of the total sums paid by you for the Goods under the contract in question. Except to the extent expressly set out in sub-Clause 9.1, the terms implied by Sections 13 to 15 of the Sale of Goods Act 1979 and by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

10.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; for breach of the terms implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; for defective products under the Consumer Protection Act 1987; or for any other matter in respect of which liability cannot be excluded or restricted by law.

11. Events Outside of Our Control (Force Majeure)

11.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control , including but not limited to customs delays and delivery company delays

11.2 If any event described under this Clause 11 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:

11.2.1 We will inform you as soon as is reasonably possible;

11.2.2 We will take all reasonable steps to minimise the delay;

11.2.3 To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

11.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;

11.2.5 If the event outside of Our control continues for more than 30 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled and will be made using the same payment method that you used when ordering the Goods; If an event outside of Our control occurs and continues for more than 30 days and you wish to cancel the Contract as a result, you may do so. Please contact Us directly to cancel. Provide Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled and will be made using the same payment method that you used when ordering the Goods.

12. Communication and Contact Details

12.1 If you wish to contact Us with general questions or complaints, you may contact Us by email at books@booksbytheyard.co.uk. For matters relating the Goods or your Order, please contact Us by email at books@booksbytheyard.co.uk.For matters relating to cancellations, please contact Us by email at books@booksbytheyard.co.uk.

13. Complaints and Feedback

13.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

13.2 All complaints are handled in accordance with Our complaints handling policy and procedure.

13.3 If you wish to give Us feedback on any aspect of your dealings with Us, please contact Us.

14. How We Use Your Personal Information (Data Protection)

We will only use your personal information as set out in Our Privacy Policy.

15. Other Important Terms

15.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.

15.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.

15.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

15.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.

15.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

15.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and We will arrange for a full refund (including delivery charges) which will be paid within 14 of your cancellation and will be made using the same payment method that you used when ordering the Goods.

16. Law and Jurisdiction

16.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

16.2 Any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

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