1. THESE TERMS
1.1. The Book Whisperers Community is a marketplace that allows users to offer, sell and buy Miscellaneous products and services (“Products and Services”). These terms and conditions govern your use of our website, software and applications provided by us (collectively, our “Platform”).
1.2. Please read these terms carefully before you submit any order on our Platform. These terms tell you who we are, the conditions on which you may be a seller or a buyer on our Platform, what to do if there is a problem, and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
1.3. By using our Platform, you agree to these terms. If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. We are Optimum capacity services, a company incorporated and registered in Scotland, trading as The Book Whisperers, with Company Registration Number SC351517, having its registered office at EH20 Business Centre, 6 Dryden Road, Loanhead, Scotland, EH20 9LZ.
2.2. For any questions or problems relating to our Platform, our Products or these terms, you can contact us by email at firstname.lastname@example.org or write to us at EH20 Business Centre, 6 Dryden Road, Loanhead, Scotland, EH20 9LZL.
2.4. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.
2.5. When we use the words "writing" or "written" in these terms, this includes emails.
3. CONTRACTS FOR SALE
3.1. We are a marketplace that allows users to offer, sell and buy Products. The actual contract for sale of Products is directly between the seller and the buyer. We are not liable to any person in relation to an offer for sale, sale, or purchase of any Product listed on our Platform. We are not responsible for the enforcement of any contractual obligations between any buyer and any seller.
3.2. We have no control over and do not guarantee the existence, quality, safety, or legality of the items offered or advertised on our Platform, the accuracy, completeness or truth of any content or listings posted by users, the creditworthiness of any user, the ability of sellers to sell or buyers to buy, or that a particular buyer and seller will complete a particular transaction.
3.3. We are not involved in any transaction between a buyer and a seller on our Platform save that we facilitate a marketplace for buyers and sellers and process payments on behalf of sellers.
3.4. We are not an agent of any buyer or seller.
3.5. We may (at our discretion but are not obliged to) check, audit, or monitor the information contained in listings, comments, and/or reviews posted by users.
3.6. A buyer may place orders on the Platform as instructed on our Platform. A seller's acceptance of a buyer's order will take place when they email the buyer to accept it, at which point a contract will come into existence between the seller and the buyer.
3.7. We will assign an order number to each order. Please tell us the order number whenever you contact us about your order.
3.8. Our Platform is solely for the sale and promotion of Products in the United Kingdom. We currently do not accept orders from addresses outside the United Kingdom.
4. TERMS AND CONDITIONS FOR SALE
4.1. If you list an item on our Platform, you agree to comply with our rules for listing, content policies, and selling practices from time to time in force. You are responsible for the accuracy, completeness, and truth of the content of the listing and the Product offered. We reserve the right to modify, suspend or delete any listing that violates our rules, policies, and practices, or to improve user experience.
4.2. We have full discretion in determining the appearance, placement, and order of listings in search and browse results. The factors we may consider in making such a determination may include the buyer and seller's respective location, the search terms used, and the buyer and seller's respective history on the Platform.
4.3. All sellers on the Platform must clearly state the terms and conditions of sale ("Seller's Terms") in their listings, including the following information:
4.3.1. forms of accepted payment;
4.3.2. taxes and applicable government-imposed fees (if any);
4.3.3. the shipping method, costs, and expected time;
4.3.4. return policy (e.g. the time period within which the buyer must notify the seller about the return, who is responsible for the cost of return shipping); and
4.3.5. refund or replacement policy (e.g. the time period within which refund or replacement will be arranged).
4.4. You are responsible for keeping any content and information posted accurate and up to date. You should delete any listings that are no longer available.
4.5. You must comply with all applicable laws and regulations in providing, delivering, or rendering the Products that you offer or sell.
5. TERMS AND CONDITIONS FOR PURCHASE
5.1. When purchasing a Product, you agree to comply with our applicable rules and policies from time to time in force. You are responsible for reading the full listing before committing to buy or making a bid for any Product.
5.2. Any order placed or bid submitted in respect of a Product is deemed irrevocable and unconditional. In placing an order or submitting a bid you agree to the Seller's Terms set out in the seller's listing for the Product.
5.3. You enter into a legally binding contract to buy a Product when you commit to buying a Product, your order for a Product is accepted, or if you have the winning bid for a Product (or your bid for a Product is otherwise accepted).
5.4. We do not transfer legal ownership of Products from the seller to the buyer.
6.1. When providing content on or to our Platform, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use, reproduce, process, adapt, modify, publish, display and distribute such content for the purposes of providing the Products to you and the promotion of our Platform.
6.2. For all content that you provide, you warrant that:
6.2.1. the content is accurate, up to date, and not misleading;
6.2.2. you own or otherwise control all necessary rights to meet your obligations under these terms regarding such content; and
6.2.3. the use of such content does not and will not infringe any intellectual property rights of any third party.
6.3. While we try to offer reliable information, we do not promise that any content or information provided on our Platform will be accurate, complete, up to date, or always available. If and where we offer catalogues of listings, such catalogues may include product images, descriptions, and specifications provided by users or other third parties.
6.4. If you are buying Products, you agree that we are not responsible for examining or warranting any listings provided by any users. If you are selling products, it is your responsibility to review the content of your listings for accuracy.
6.5. We do not take any responsibility, nor do we assume any liability, for any content provided by you or any third party. You agree not to hold us liable for any inaccurate or misleading content.
7. BUYER'S RIGHTS TO MAKE CHANGES
7.1. If a buyer wishes to make a change to the Product s/he has ordered, they must contact the seller. The seller has full discretion whether or not to accept the changes. The seller will let the buyer know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of the requested change and ask the buyer to confirm whether s/he wishes to go ahead with the change. If the seller cannot make the change or the consequences of making the change are unacceptable to the buyer, the buyer may request to end the contract (see Clause 9 - A buyer's rights to end the contract).
8. A SELLER'S RIGHTS TO MAKE CHANGES
8.1. Sellers may make minor changes to their Products from time to time in order to:
8.1.1. reflect changes in relevant laws and regulatory requirements; and
8.1.2. implement minor technical adjustments and improvements, for example, to address a security threat. These changes will not affect a buyer's use of the Product.
8.2. If a seller makes significant changes to their Products or the Seller's Terms for the Products, the seller will notify the buyer prior to the changes taking effect. If the buyer does not accept the changes, the buyer may contact the seller to end the contract before the changes take effect and receive a refund for any Products paid for but not received.
9. A BUYER'S RIGHTS TO END THE CONTRACT
9.1. If a buyer becomes aware of any defect in all or part of the Products delivered:
9.1.1. the buyer must give notice in writing to the seller and return the allegedly defective Product to the seller;
9.1.2. where the Products returned are found to be defective the seller will, at its option, repair or replace the defective Products, or refund the price of such defective Products in full.
9.2. If a buyer is ending a contract for a reason set out below the contract will end immediately, the seller will refund the buyer in full for any Products which has not been provided and the buyer may also be entitled to compensation:
9.2.1. the seller has told the buyer about an upcoming change to the Product or the Seller's Terms for the Product, which the buyer does not agree to (see Clause 8.2);
9.2.2. the seller has told the buyer about an error in the price or description of the Product ordered and the buyer does not wish to proceed;
9.2.3. there is a risk that the supply of the Products may be significantly delayed because of events outside the seller's control; or
9.2.4. the seller has suspended the supply of the Products for technical reasons or notifies the buyer that the seller is going to suspend them for technical reasons, in each case for a period of more than seven (7) day(s).
9.3. On our Platform, each buyer is offered a goodwill guarantee under which a buyer may change his/her mind within fourteen (14) days (s) and receive a refund.
9.4. A buyer has fourteen (14) days (s) to change his mind after the day he receives the Products. However, he cannot change his/her mind if the Product is perishable or damaged.
9.5. A buyer does not have a right to change his/her mind after sealed Products have been unsealed or any Products have become mixed inseparably with other items.
9.6. Even if a seller is not at fault and a buyer does not have a right to change his mind under Clause 9.3, a buyer can still end the contract before it is completed (i.e. when the Product is delivered and paid for) by giving notice in writing to the seller, provided that the buyer will pay reasonable compensation for the net costs the seller will incur as a result of ending the contract. In such a case, the contract will end immediately. The seller will refund any advance payment the buyer has made for Products that will not be provided to the buyer.
9.7. To end the contract with a seller, the buyer must inform the seller by contacting them using the contact details provided by the seller on our platform.
9.8. If a buyer ends the contract with a seller, the seller will refund the buyer the price the buyer paid for the Products including delivery costs, but the seller may make the following deductions from the price:
9.8.1. deductions to reflect any deduction in the value of the Products caused by the buyer handling them in an unacceptable way (if a refund is arranged before the seller is able to inspect the Products and later discovers that the buyer has handled them in an unacceptable way, the buyer must pay the seller the appropriate amount); and
9.8.2. deductions to reflect the difference between the least expensive delivery method the seller offers and the delivery method chosen by the buyer for the Products.
9.9. If a refund is due, a seller must make the refund to the buyer as soon as possible, in any event within seven (7) days (s) from the day the buyer informs the seller that the buyer wishes to end the contract.
10. RETURN OF PRODUCTS UPON END OF CONTRACT
10.1. If a buyer ends the contract for any reason after Products have been delivered, the buyer must return them to the seller by such method and within such timeframe as specified by the seller.
10.2. Either the seller or the buyer will pay the costs of return (or collection) of the Products. If you are the buyer, check the return policy section of the listing posted by the seller.
11. A SELLER'S RIGHTS TO END THE CONTRACT
11.1. A seller may end the contract for a Product at any time by writing to a buyer if:
11.1.1. the buyer does not, within a reasonable time, allow the seller to deliver the Products to the buyer or collect them from the seller; or
11.1.2. the buyer does not make any payment to the seller when it is due and still does not make payment within seven (7) days (s) of the seller reminding the buyer that payment is due.
11.2. If the seller ends the contract in the situations set out in Clause 11.1 the seller will refund any money the buyer has paid in advance for Products that have not been provided, but the seller may deduct or charge reasonable compensation for the net costs the seller will incur as a result of the buyer breaking the contract.
12. PRICE AND PAYMENT
12.1. The price of the Product (which includes VAT where applicable) will be the price indicated on the order pages when a buyer places his order. Each seller must take all reasonable care to ensure that the price of the Product advertised is correct.
12.2. If the rate of VAT changes between the date of placing an order and the date the Product is supplied, the seller will adjust the rate of VAT that the buyer pays, unless the buyer has already paid for the Product in full before the change in the rate of VAT takes effect.
12.3. It is always possible that, despite best efforts by the seller, some Products may be incorrectly priced on the Platform. If the correct price for the Product at a buyer's order date is less than the price stated to the buyer, the seller will charge the lower amount; but if it's higher than the price stated to the buyer, the seller will contact the buyer for instructions before accepting the buyer's order.
12.4. A buyer must pay for the Products by such time and in such manner as specified in the Seller's Terms.
12.5. If a buyer thinks an invoice is wrong they should contact the seller promptly to let them know.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1. Subject to Clause 13.2:
13.1.1. all warranties, conditions, or terms relating to fitness for purpose, quality, or condition of the Products, whether express or implied by statute or common law or otherwise, are expressly excluded.
13.1.2. we shall not be liable to you (whether in contract, tort, or otherwise) for any loss of profit or any indirect or consequential loss arising from or in connection with the provision of the Products; and
13.1.3. Our total liability to you for all losses arising from or in connection with the use of the Platform shall be limited to the price of the relevant Products sold to you on our Platform.
13.2. Nothing in these terms will limit or exclude our liability for:
13.2.1. death or personal injury caused by our negligence, or the negligence of our employees, agents, or subcontractors (where applicable);
13.2.2. fraud or fraudulent misrepresentation; or
13.2.3. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
14. USE OF YOUR PERSONAL INFORMATION
14.2. In the event you process personal data relating to a buyer or a seller for the purpose of effecting a transaction or otherwise using the Platform, you confirm and undertake that you will only process such personal data for the sole purpose of participating in the marketplace on the Platform and (where applicable) to supply the Products to buyers and you will apply all adequate technical and organisational measures to keep such personal data secure.
15. ENTIRE AGREEMENT
15.1. These terms constitute the entire agreement between any user and us in relation to the use of the Platform. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of the Platform.
15.2. You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
16. OTHER IMPORTANT TERMS
16.1. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you do not wish to continue the contract with the transferee, you may contact us to end the contract within one (1) calendar month of us informing you of the proposed transfer and we will refund you any payments you have made in advance for Products not provided.
16.2. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.4. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the Products, we can still require you to make the payment at a later date.
17. GOVERNING LAW AND JURISDICTION
17.1. These terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England.
17.2. Each Party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms or their subject matter or formation (including non-contractual disputes or claims).
Last updated: 25 May 2021
How we respect privacy when dealing with personal information collected by our organisation
The Book Whisperers Community is a community platform operated by The Book Whisperers (“TBW"). The Book Whisperers is registered with the UK Information Commissioner’s Office with reference number CSN6258490.
If you have any questions about this notice, please contact us at email@example.com
1. Personal data that we process
The following table explains the types of data we collect and the legal basis, under current data protection legislation, on which this data is processed.
Purpose Data (key elements) Basis
Purpose: Register as an individual user of Local High Street
Basis: Contract: you are requesting access to The Book Whisperers Community platform as a private individual
Purpose: Register on behalf of a business to trade on The Book.Whisperers Community platform
Basis: Contract: you are requesting access to The.Book.Whisperers Community platform as a representative of a business or organisation
Purpose: Enroll you as a Local Administrator for a community
Basis: Contract: to provide you access to administer content in a section of The Book Whisperers platform on behalf of a community
Purpose: General Administration & Reporting Any of the above Legitimate Interests
Data (Key Elements): Any of the above
Basis: For general operational and administrative purposes, e.g. reports and status updates, work delegation, etc
2. How we use your data & when it may be required
We will only use your data in a manner that is appropriate considering the basis on which that data was collected, as set out in the table at the top of this policy.
For example, we may use your personal information to:
● reply to inquiries you send to us;
● provide information about the operations of The Book.Whisperers Community platform;
● onboard you as an individual user of The Book.Whisperers Community platform;
● onboard a business or other organisation that you represent to enable you to offer goods or services for sale via the platform;
● general administration and reporting.
We store this information using third-party hosting services based in the European Union.
You may be asked to give further personal data to a third party as part of creating content or placing order(s) for goods or services through The Book Whisperers Community platform.
3. When we share your data
We will only pass your data to third parties in the following circumstances:
· we are required by law to share your data.
· We provide personalised recommendations based on your stated preferences and opt in
In addition, we will only pass data to third parties outside of the EU where appropriate safeguards are in place as defined by Article 46 of the General Data Protection Regulation.
4. How long do we keep your data
We take the principles of data minimisation and removal seriously and we only ever ask for the minimum amount of data for the associated purpose and delete that data promptly, once it is no longer required.
Where data is collected on the basis of:
● Contract: for 2 years for audit reasons;
● Consent, we will seek renewal of consent at least every 12 months.
5. Rights you have over your data
You have a range of rights over your data, which include the following:
● You have the right to ask for rectification and/or deletion of your information;
● You have the right of access to your information;
● You have the right to lodge a complaint with the Information Commissioner if you feel your rights have been infringed.
A full summary of your legal rights over your data can be found on the Information Commissioner’s website here: https://ico.org.uk/
If you would like to access the rights listed above, or any other legal rights you have over your data under current legislation, please get in touch with us.
Please note that relying on some of these rights, such as the right to delete your data, will make it impossible for us to continue to deliver some services to you.
6. Cookies & usage tracking
A cookie is a small file of letters and numbers that are downloaded onto your computer when you visit a website. Cookies are used by many websites and can do a number of things, like remembering your preferences, recording field entries, and counting the number of people looking at a website.