Whaka Publishing Ltd,
Eastgate House, 11 Cheyne Walk, Northampton NN1 5PT, England, UK
Whaka Publishing Ltd, P.O.Box 1742, Queenstown 9348, New Zealand
PH +64 (3) 4427999
FAX +64 (3) 4418248
info@whakapublishing.com http://whakabooks.co.uk http://whakabooks.blogspot.com https://www.whakabooks.com
TERMS AND CONDITIONS OF USE
Introduction
This website ("Site") is owned and operated by Whaka Publishing Limited ("the Company", "our" or "us"). The Company provides a generic web-based payment gateway and generic web services (together, the "Services") to various book stores("Book Stores") and book distributors ("Book Distributors") for the transaction of goods.
The provision of this Site is subject to these terms of use ("Terms"). Please read these Terms carefully. By using the Site you agree to be bound by these Terms.
Any order you place for the purchase of the company's goods is subject to our Conditions of Service Terms. Please carefully read all the Conditions of Service Terms below before placing any order. By placing an order you agree to be bound by the Conditions of Service Terms.
Condition of use of the Site
A. Whilst the Company uses all reasonable resources to check the Site and the Services are generally available, the Company will not be liable, if for any reason the Site and/or the Services are for any reason unavailable at any time. Without prejudice, the Company will be entitled at any time (and when necessary from time to time) and without notice to suspend or restrict access for use of the Site and/or Services (including any necessary maintenance and/or make a variation/ or creation of new services). The Company reserves the right to change or remove, whether temporarily or permanently, the Site (or any part thereof) with or without notice and shall not be liable to you or any third party for any alteration or removal of the Site.
B. The Company grants you a licence to access and use this Site and its Services for your personal use. The copyright, trade marks, domain names and other intellectual property rights ("Intellectual Property Rights") displayed by the Site and used in relationship to the Conditions of Services ("Content") belongs (or has been licensed) to the Company and all rights are reserved for the Content by the Company. Nothing on this Site shall be considered as granting you any license to use any Intellectual Property Rights or the Content for any purpose, excluding the express written permission of the Company. You are permitted to view, print and download the Content solely on the basis that:
C. The Site does not provide any warranties or other terms of any kind. The Company presents this Site in which hereby all, warranties, conditions and other terms (including, without limitation, the conditions of satisfactory quality required by law, fitness of purpose and reasonable skill and care) are completely excluded to the fullest extent of the law.
E. Malicicious and misuse the Site (without limitation) by any party is strictly forbidden, no party may use the Site for any of the following purposes:
For any law enforcement and/or regulatory authorities (including, without limitation, any court order) requesting or demanding the Company to provide the identity or to fond anyone posting any material or using the Site in breach of these Terms will co-operate to the full extent.
F. Any party that damages, destroys or impairs the Site in any way will be prosecuted to the full extent of the law.
G. The electronic communications and content are your entire and complete responsibility (or on your behalf) to us.
Book Stores and Distributors and third party websites
A. This Site and the Services are made available to and used by Book Stores and Distributors for the purpose of purchasing our goods. The Company is not responsible for examining or evaluating, and the Company does not endorse or guarantee the deals or policies of any of the Book Stores and Distributors or the content of their websites.
B. No warranty is made by The Company for the content, moral or otherwise of any client or third party websites which are linked to the Site or to any links provided on this Site ("Third Party Sites"). The Company holds no responsibility or liability for any policies, actions, works,contents, provisos or other matter of all or any part of the Third Party Sites. Third Party Sites terms and conditions are your responsibility to view and abide by them.
A. The Company reserves the right to make changes to the Site (including, without limitation, these Terms) without notice or warning at their discretion and time ( and at any time thereafter).
B. You will be subject to the Terms in force at the time that you use the Site.
Liability
A. The Company (and every member of the Company's consortium in any size, and each of their officers, employees and agents) will not impose any liability and/or responsibility for any loss or destruction, that may in any way result to you or a third party in connection with the use, their failure to use the results of the Site and any Third Party Sites linked to/from the Site including, without limitation, any loss or destruction due to viruses, software, data or other property on account of your access to, use of, or browsing the Site ,or your downloading/uploading of any material from the Site or any websites linked to/from the Site.
B. No liability for any economic loss or loss of profit (direct or indirect) or any indirect, special or consequential loss or damage, what ever the situation, or any liability arising to any third party, shall be placed on the Company or any of its entities or assocaites.
C. Neither the Company nor any of its entities accepts any liability for death or personal injury caused by its/ our negligence or for fraud or any corporate.
Indemnity
You agree to indemnify the Company (and each corporate entity) and keep the Company (and each corporate entity) indemnified against any and all claims, demands, actions, proceedings and all direct and indirect damages, losses, costs and expenses (including reasonable legal fees) incurred by any breach of the Conditions of Service Terms by you or any user authorised by you in connection with the use of the Site.
General
A. Should any term or condition of the Terms be deemed invalid, void, or for any reason unenforceable, this term or condition will be regarded void and will not affect the validity and enforceability of any remaining terms and conditions.
B. The rights and priviledges of the Company shall not be reduced, waived or deleted by the granting of any indulgence, forbearance or extension of time. The waiver by the Company for any breach of the Terms shall not stop the subsequent enforcement of any following breach of that provision and shall not be deemed to be a waiver of any future breach of that or any other provision.
C. The Company will not be accountable for any delay or failure to comply whereit is beyond our reasonable control.
D. The Company Conditions of Service Terms cannot be varied except with the express permission of the Company. In particular, nothing procured or stated by any sales person on behalf of the Company should be understood as a variation of the Terms. The Company shall have no liability for any such representation being incorrect or misconstrued.
E. Company Entity, when used in the Terms means, at any time, each and any subsidiary or holding company of the Company and each and any subsidiary of such holding company.
Jurisdiction
These Terms are governed by and shall be construed in accordance with English, Michigan and Ohio State and Federal legislation, United States, and New Zealand law. Disputes arising in connection with the Terms or the Site shall be subject to the non-exclusive jurisdiction of the English, Michigan or Ohio United States and New Zealand courts.
International use
A. The Site and the Services are intended for the use of residents of the United Kingdom, United States and New Zealand. Whilst the Company does not prohibit the use of the Site or the Services by residents outside of the aforesaid countries, the Company is not required to ensure that the Site and the Services comply with any law other than the laws of New Zealand.
B. Where an international person uses the Site ( includes all non-resident persons or entities outside the United Kingdom, United States or New Zealand) you will be responsible for complying with all local laws. In particular (but without limitation) when ordering goods for delivery overseas, where you may be required to pay all import duties and taxes, which are conditional once the package reaches the specified destination, or any additional charges, will be your responsibility.
C. Customs requirements, legislation and policies vary from country to country; you should contact your local customs office for further information. Please note that when ordering from the Company, you are considered the importer and must comply with all laws and regulations of the country in which you are receiving the goods.
Our details
The Site is owned and operated by Whaka Publishing Limited. Our registered address is:
Whaka Publishing LLC,
MUSPB #305, 445 Park Avenue, 9th Floor,
New York, New York 10022, USA
ph +1-413-740-8288 fax +925-396-6674Whaka Publishing Ltd,
Eastgate House, 11 Cheyne Walk, Northampton NN1 5PT, England, UKWhaka Publishing Ltd, P.O.Box 1742, Queenstown 9348, New Zealand
PH +64 (3) 4427999
FAX +64 (3) 4418248
info@whakapublishing.comwww.whakabooks.co.uk
www.whakabooks.com
www.whakabooks.blogspot.com
Please contact us for any further enquiries.
Whaka Publishing Limited ("the Company", "our" or "us") provides a generic web-based payment gateway and generic web services (together, the "Services") to various book stores ("Book Stores") and book distributors ("Book Distributers") for the purpose of purchasing goods.
By completing the order form you are submitting an order for the specified goods and you are accepting that your order and the contract between the Company and you are subject to these terms and conditions ("Conditions of Service Terms"). These Conditions of Service Terms do not affect your statutory rights.
The Contract
The Company must receive payment of the whole of the price for the goods that you order before your order can be accepted, unless prior credit arrangements have been arranged, and the contract formed. With the confirmation of payment, the Company will advise that your order has been received and accepted by sending an email to you at the email address you provide in your order form. The Company's acceptance of your order creates a legally binding contract between the Company and you which is subject to the Conditions of Service Terms (the "Contract"). No terms or conditions requested or demanded by you with your order will not form part of the Contract.
Price
The price payable for goods that you order is as stated on the website .The price is exclusive of all local taxes applicable to you (including VAT, GST or local county and federal taxes), unless otherwise stated. You may be required to pay extra for delivery; the Company will provide details of the delivery charges applicable to your order at the time you place your order.
Cancellation by you ("Book Store", Book Distributor", "Individual")
A. If you are an individual (any person, being, entity, citizen of any country) and are not buying goods on behalf of or for the purposes of a business, there are certain circumstances in which you may cancel the Contract. This right to cancel does not apply to business buyers. You:
To cancel the Contract you must notify the Company in writing as follows:
Email: info@whakapublishing.com
By post:
Mail Order Department
Whaka Publishing,
P.O.Box 1742,
Queenstown 9348,
New Zealand
B. If you have received the goods before you cancel the Contract then you must send the goods back to the Company at your own cost and risk. If you cancel the Contract before you have received the goods, but the Company has already processed the goods for delivery, you must not unpack the goods when they are received by you and you must send the goods back to the Company in their original packaging except for the proviso of a new address label, at your own cost and risk. This will be at your cost and risk and as soon as possible after (and in any event within 21 days from) the date you cancelled the Contract to the Company at:
New Zealand/ Australia
Mail Order Department
Whaka Publishing,
P.O.Box 1742,
Queenstown 9348,
New Zealand
USA/Canada
Mail Order Dept
Whaka Publishing LLC,
MUSPB #305, 445 Park Avenue, 9th Floor, New York, New York 10022, USA
UK/ Europe
Mail Order Dept,
Whaka Publishing Ltd,
Eastgate House,
11 Cheyne Walk,
Northampton NN1 5PT,
UK
C. After the cancellation of the Contract, any monies debited by the Company from your credit card or debit card will be re-credited to your account within [thirty (30)] days of the date you notified us of the cancellation PROVISO that the goods in question are returned by you and received by the Company in the condition is the same "as new" condition they were sent in when delivered to you. Should you not return the goods delivered to you, nor pay the costs of delivery, the Company will deduct the direct costs of recovering the goods from any amount to be re-credited to you.
D. Any goods returned by you must be returned unused and 'as new' in their original packaging and including all manuals and components.
Cancellation of the Contract by the Company
A. The Company is entitled to cancel the Contract if:-
B. Should the Contract be terminated by the Company, the Company will notify you by e-mail at the address provided you in your order form. Any monies debited by the Company from your credit card or debit card will be refunded to your account within [thirty (30)] days of the date you placed your order. The Company will not be liable for any loss or damage incurred by you or any other party as a consequence of such cancellation, nor be obliged to offer any compensation to you.
Delivery of Goods To You
A. The Company will deliver the goods to the address you gave the Company for delivery at the time you make your order. The Company can make deliveries in instalments or partial deliveries, should the need require.
B. The Company will use all reasonable endeavours to deliver the goods to you once the order is accepted to provide delivery within [thirty (30)] days of the date of your order. All delivery times quoted are estimates only, based on availability, normal processing and delivery companies. Time of delivery is not essential and the Company shall not be liable for any loss or damage or for any costs, charges or expenses caused by any delay in delivery of the goods.
C. You will become the owner of the goods when the Company has received payment for them and they are delivered to you. If delivery occurs before the Company has received payment for the goods, the ownership and all title to the goods will remain with the Company until payment is received. Once goods have been delivered to you, they will be held at your own risk and the Company will not be liable for their loss or destruction.
D. You shall provide such access, assistance and co-operation as the Company and/or its authorised representatives may require for the purposes of delivering the goods.
Liability
A. If the goods delivered are not what you ordered or are damaged or defective the Company shall have no liability to you unless you notify the Company in writing of the problem within seven (7) days of the delivery of the goods in question.
B. Goods not recieved within [thirty (30)] days from the date you placed your order, the Company shall have no liability to you unless you notify the Company in writing within [forty (40)] days from the date on which you placed your order for the goods. Any notice to be given by you for this purpose (or for the purposes of (a) above) must be in writing and given to the Company at:
Email: info@whakapublishing.com
By post:
Mail Order Department
Whaka Publishing
P.O.Box 1742,
Queenstown 9348,
New Zealand
USA/Canada
Mail Order Dept
Whaka Publishing LLC,
MUSPB #305,
445 Park Avenue,
9th Floor, New York,
New York 10022, USA
UK/ Europe
Mail Order Dept,
Whaka Publishing Ltd,
Eastgate House,
11 Cheyne Walk,
Northampton NN1 5PT,
UK
C. Should you notify a problem to the Company under (a) or (b) above, the Company's only obligation will be, upon the Company's discretion:- to replace or deliver (as the case may be) any goods that are damaged or have not been delivered or to refund the monies paid by you for the goods in question.
D. Subject to C above and pertaining to and may be precluded by law, the Company will not be liable to you for or any entities for any said economic loss or loss of profit (direct or indirect) nor any indirect, special or consequential fiscal reduction or destruction, howsoever caused, or any liability arising to any third party.
E. There is no intention to limit any rights you might have as a consumer under applicable local law or other statutory rights that that may reduce or restrict the Company's liability to you for any death or personal injury resulting from the Company's negligence or for fraud.
Amendment
A. The Company reserves the right at any time (and from time to time and without notice) to make changes to the Services (including, without limitation, these Conditions of Service Terms).
B. You will be subject to the Conditions of Service Terms in force at the time that you use the Site and/or Services.
Correspondence
Except where expressly stated in previous written agreementf by the Company, you need to contact:
Email: info@whakapublishing.com
By post:
Mail Order Department
Whaka Publishing,
P.O.Box 1742,
Queenstown 9348,
New Zealand
USA/Canada
Mail Order Dept
Whaka Publishing LLC,
MUSPB #305, 445 Park Avenue, 9th Floor, New York, New York 10022, USA
UK/ Europe
Mail Order Dept,
Whaka Publishing Ltd,
Eastgate House,
11 Cheyne Walk,
Northampton NN1 5PT,
UK
Any correspondence from the Company to you will, at the Company's discretion, be displayed on the Site or be sent to you in writing by email or by post (in each case at the address you gave to the Company when placing your order).
Personal Data
A. The Company shall be entitled to process your data in accordance with the terms of the Privacy Policy. The Privacy Policy is as follows: the Company undertakes not to share any personal data with any third party (other than the Publisher) without your express permission other than in the following circumstances:
B. You accept all information you provide to the Company for the purpose of ordering goods are true and correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods ordered.
General
A. Should any term or condition of the Terms be deemed invalid, void, or for any reason unenforceable, this term or condition will be regarded void and will not affect the validity and enforceability of any remaining terms and conditions.
B. The rights and priviledges of the Company shall not be reduced, waived or deleted by the granting of any indulgence, forbearance or extension of time. The waiver by the Company for any breach of the Terms shall not stop the subsequent enforcement of any following breach of that provision and shall not be deemed to be a waiver of any future breach of that or any other provision.
C. The Company will not be accountable for any delay or failure to comply whereit is beyond our reasonable control.
D. The Company Conditions of Service Terms cannot be varied except with the express permission of the Company. In particular, nothing procured or stated by any sales person on behalf of the Company should be understood as a variation of the Terms. The Company shall have no liability for any such representation being incorrect or misconstrued.
E. Company Entity, when used in the Terms means, at any time, each and any subsidiary or holding company of the Company and each and any subsidiary of such holding company.
Jurisdiction
These Terms are governed by and shall be construed in accordance with English, Michigan and Ohio State and Federal legislation, United States, and New Zealand law. Disputes arising in connection with the Terms or the Site shall be subject to the non-exclusive jurisdiction of the English, Michigan or Ohio United States and New Zealand courts.
International use
A. The Site and the Services are intended for the use of residents of the United Kingdom, United States and New Zealand. Whilst the Company does not prohibit the use of the Site or the Services by residents outside of the aforesaid countries, the Company is not required to ensure that the Site and the Services comply with any law other than the laws of New Zealand.
B. Where an international person uses the Site ( includes all non-resident persons or entities outside the United Kingdom, United States or New Zealand) you will be responsible for complying with all local laws. In particular (but without limitation) when ordering goods for delivery overseas, where you may be required to pay all import duties and taxes, which are conditional once the package reaches the specified destination, or any additional charges, will be your responsibility.
C. Customs requirements, legislation and policies vary from country to country; you should contact your local customs office for further information. Please note that when ordering from the Company, you are considered the importer and must comply with all laws and regulations of the country in which you are receiving the goods.
Our details
The Site is owned and operated by Whaka Publishing Limited. Our registered address :
Whaka Publishing,
P.O.Box 1742,
Queenstown 9348,
New Zealand
USA/Canada
Whaka Publishing LLC,
MUSPB #305, 445 Park Avenue, 9th Floor, New York, New York 10022, USA
UK/ Europe
Whaka Publishing Ltd,
Eastgate House,
11 Cheyne Walk,
Northampton NN1 5PT,
UK
You can contact us by visiting http://www.whakabooks.com
Whaka Publishing Limited is the supplier of such goods for the terms and subject to the conditions set out below.
A. GENERAL
1. In these Conditions:
"Whaka Publishing Ltd" or "whakabooks.com" means Whaka Publishing Limited. Company No 2038640, Registered in New Zealand at: P. O. BOx 1742, Queenstown 9348, New Zealand.
"Whaka Publishing Ltd" Registered in United Kingdom Company No: 6666421, Eastgate House, 11 Cheyne Walk, Northampton NN1 5PT, United Kingdom
"Whaka Publishing LLC" Registered office New York State Albany: Web address: www.whakabooks.com.
"Contract" means any contract between the Customer and Whaka Publishing or whakabooks.com (as agent of the Publisher) for the sale and purchase of Goods;
"Customer" means the person who places an order for Goods with Whaka Publishing or whakabooks.com and, in respect of delivery of Goods, includes the person to whom Goods are to be delivered in accordance with the Customer's instructions;
"Delivery Address" means the delivery address of the Customer, its agent, supplier or other person within the United Kingdom, United States or New Zealand, advised to Whaka Publishing or whakabooks.com by the Customer to which the Goods are to be delivered or, where no such address is provided, to the address shown on Whaka Publishing invoice or despatch documentation;
"Goods" means any goods to be purchased by the Customer and to be supplied by Whaka Publishing Ltd;
"Losses" in respect of any matter, event or circumstance includes all demands, claims, actions, proceedings, damages, payments, losses, costs, expenses or other liabilities;
"Private Individuals" means any Customer who is a natural person;
"Book Store" or "Book Distributer" means any business or agent, and includes its officers, employees, representatives, agents (other than Whaka Publishing Ltd or whakabooks.com) and contractors; and
"Trade Customer" means any Customer who is not an individual.
"Data Protection Legislation" means the Data Protection Act 1998 and any other legislation enacting the provisions of Directive 95/46/EC.
2. Words in the singular include the plural (and vice versa), a reference to one gender includes the other genders, a reference to a person includes any individual, firm, corporation, unincorporated association, association, partnership, joint venture, state or agency of state and paragraph headings do not affect the interpretation or construction of these Conditions.
3. Each order or acceptance of a quotation, provided by Whaka Publishing or whakabooks.com ( as agent for the Publisher), for Goods by the Customer shall be an accepted by the Customer to purchase Goods subject to these Conditions.
4. All orders are accepted and all Goods are supplied subject to these Conditions. These Conditions form part of the Contract and cannot in any way be altered, added to or superseded by any terms and conditions of the Customer, however communicated to Whaka Publishing Ltd. No order placed by a Customer shall be deemed to be accepted by Whaka Publishing Ltd or whakabooks.com until the Goods are delivered. Except as expressly provided otherwise, no amendment of, addition to or variation from these Conditions shall be binding on
Whaka Publishing Ltd or whakabooks.com, unless it is in writing and signed by a duly authorised representative of the Company. The Customer acknowledges that it has not relied on or been induced to enter into the Contract by any representation or warranty other than those expressly set out in the Contract.
5. Goods may be sold to the general public before their publication date, namely that date in respect of any of the Goods which is shown on either trade databases or the invoice or despatch documentation, unless Whaka Publishing Ltd or whakabooks.com, otherwise indicates a first date before which the Goods may not be sold to the general public (or resold without the same conditions being imposed).
B. ORDERS
1. The quantity and description of the Goods shall be as set out in Whaka Publishing Ltd invoice or other despatch documentation.
2. Whaka Publishing Ltd reserves the immediate right, at any time (without prejudice to any other remedy) to terminate any Contract or to cancel any uncompleted order or to suspend delivery of Goods in the event that any amounts owed by the Customer are overdue or there is any breach by the Customer of these Conditions or for any other reason which in the opinion of Whaka Publishing Ltd or whakabooks.com justifies such action.
3. Whaka Publishing Ltd reserves the right to cancel any order placed by a Customer where Whaka Publishing Ltd is unable to fulfil the order in whole or in part.
4. Where there are any orders outstanding with Whaka Publishing Ltd following cancellation or expiry of the agreement between Whaka Publishing Ltd and the Trade Customer, Whaka Publishing Ltd will transfer such orders to the aforesaid new agent, together with (if relevant) any monies paid in advance of despatch of the order for cash sales. Whaka Publishing Ltd shall not be liable for any nonperformance of any order or part of any order where such non-performance is due to the termination (for whatever reason) or expiry of the agreement between Whaka Publishing Ltd and the Trade Customer
C. DELIVERY AND RISK
1. Any goods are to be delivered to the Delivery Address or such other address outside the United Kingdom by consent with Whaka Publishing Ltd. Any delivery dates are given by Whaka Publishing Ltd as estimates only and the time of delivery shall not be demanded as correct. If no delivery dates are specified, delivery shall be within a reasonable time.
Delivery is deemed to occur (and risk to pass) at the time Whaka Publishing Ltd, or its carriers, attempt delivery of the Goods.
2. Should the Customer fail to accept delivery of any of the Goods, Whaka Publishing will arrange for the Goods to be stored until delivery is accepted and the Customer shall be liable for all related costs and expenses (including, without limitation, storage, insurance and re-delivery costs).
3. Neither Whaka Publishing Ltd, nor its carriers are required to load or unload facilities on delivery except where such facilities have been expressly agreed with Whaka Publishing Ltd, in which case Whaka Publishing Ltd shall be entitled to make an additional charge for the provision of such services.
4. Whaka Publishing Ltd can drop the Goods in separate consignments. Each separate consignment of Goods may be invoiced separately and paid for separately by the Customer in accordance with the terms of the Contract. Each consignment will be deemed a separate Contract and no cancellation or termination of one Contract relating to a consignment shall entitle the Customer to repudiate or cancel a Contract relating to any other consignment.
5. Unless otherwise agreed between Whaka Publishing Ltd and the Customer, where Goods are to be delivered to an address outside the United Kingdom (whether or not the shipment is arranged by Whaka Publishing Ltd), the INCOTERMS 2000 shall apply to the shipment of those Goods. The applicable incoterm shall be as decided between Whaka Publishing Ltd and the Customer.
6. Unless otherwise agreed between Whaka Publishing Ltd and the Customer, the risk of loss and/or damage (but not title) to Goods shall pass to the Customer at the time of delivery (or deemed delivery pursuant to Condition C1), whether expressly or by implication, and Whaka Publishing Ltd shall not be liable for the safety of the Goods after delivery. Therefore the Customer shall insure the Goods following delivery or accepted delivery against such risks as may be commercially prudent.
7. Whaka Publishing Ltd shall not be liable for any Losses incurred as a result of or in connection with any delay in the delivery of the Goods (even if caused by Whaka Publishing Ltd's negligence), nor shall any delay entitle the Customer to terminate or rescind the Contract. Any liability of Whaka Publishing Ltd for non-delivery of Goods shall be limited to replacing the Goods within a reasonable time or crediting the Customer the pro-rata price (as determined in accordance with the Contract) against any invoice raised for the non-delivered Goods.
D. RETURNS
1. Unless otherwise agreed with the Publisher, Goods are supplied on a firm sale basis. Where the Publisher has agreed to supply Goods on a sale or return basis, the provisions of Conditions D2 to D7 inclusive shall, unless the Publisher agrees otherwise, apply to any such return.
2. Prior authorisation for returned Goods must be obtained from Whaka Publishing Ltd, either in writing or electronically under the terms of the Industry Returns Initiative. Such authorisation by Whaka Publishing Ltd does not confer automatic credit for returns if the Customer fails to comply with the remaining provisions of the Whaka Publishing or whakabooks.com Conditions of Service Terms returns policy.
3. For authorisations requests placed by electronic means under the Industry Returns Initiative, the rules of that Initiative will apply. Theses rules are published on the Book Industry Communication website (http://www.bic.org.uk). For authorisation requests placed in writing, the following details the rules for determining validity of the request:
(a) Unless otherwise agreed between the Customer and the Publisher or where the Contract provides otherwise, returns of newly published Goods will only be accepted between 3 and 9 months after the date of publication of the Goods. Returns of Goods published in excess of 95 months prior to their return to Whaka Publishing will not be accepted.
(b) All O/P / dated product can only be returned within 3 months after the date of notification on trade databases or in line with Whaka Publishing Ltd contracts..
(c) Audio cassettes, compact discs and MP3 portable discs cannot be returned and will not be accepted.
(d) The provisions of this Condition D3 are subject always to the provisions of Condition D5.
The terms contained in this Condition D3 are not exhaustive and in addition the returns policy of Whaka Publishing Ltd in respect of Goods will apply to the return of Goods by the Customer.
4. Returned Goods will not be credited against the Customer's invoice or account unless they are in mint condition and are accompanied by a signed returns authorisation note that corresponds to the Goods returned. ISBN and full details of the Goods proposed to be returned must be provided in writing. The relevant invoice numbers for the returned Goods must be quoted.
5. Unauthorised returns will not be sent back to the Customer.
6. Only complete books may be returned unless otherwise authorised by Whaka Publishing Ltd or whakabooks.com in writing.
Whaka Publishing Limited, P.O.Box 1742, Queenstown 9348, New Zealand. Phone +64 (0) 3 4427999/ 4418248, Fax +64 (0) 3 4418248
7. All returns are made at the total responsibility of the Customer's expense and save Whaka Publishing Ltd will not accept any charges levied by shipping or transport agents. Whaka Publishing Ltd is not liable for any returns lost in transit. Returns remain the responsibility and property of the Customer until receipt in Whaka Publishing Ltd warehouse. The Customer is liable for any shortages in or damage to Goods during transit.
E. TITLE
1. Notwithstanding any other provision of these Conditions, legal and beneficial title in all Goods supplied pursuant to these Conditions shall remain vested with Whaka Publishing Ltd, has received payment in full of all debts (including all relevant local and national tax and any interest payable under Condition F3) owing by the Customer to Whaka Publishing Ltd. Until concluded by the events referred to in Condition I2, the Customer shall hold the Goods as Whaka Publishing Ltd fiduciary agent and
bailee and Whaka Publishing Ltd may require the return of the Goods. For the purposes of recovery of the Goods, the Customer grantsWhaka Publishing Ltd an irrevocable licence to enter on any premises where the Goods are situated (or are reasonably thought to be situated) to repossess them and the Customer agrees to pay all such costs of repossession.
2. The Customer will store the Goods separately and in such a way as to enable them to be clearly identified as Whaka Publishing Ltd property. Notwithstanding the above, risk in the Goods shall pass to the Customer at the time of delivery as set out in Condition C5. Notwithstanding the provisions of Condition E1, the Customer shall be entitled to sell the Goods and pass title to the same to third parties in the ordinary course of its business (but not otherwise).
3. Supply of books does not confer any right to sub-license, resell, assign or otherwise copy or transfer any of the copyright material contained within them, other than by supplying the same to individual bookshops or trade consumers.
F. PRICE AND PAYMENT
1. The price for Goods and any applicable discount, special deal, credit or other such terms applicable to the purchase of Goods by the Customer shall be as agreed between the Customer and Whaka Publishing Ltd. The price for Goods shall be exclusive of any local and national taxes. Whaka Publishing Ltd reserve the right to charge the Customer, in addition to the price for the Goods, for all costs or charges, if applicable, in relation to packaging, loading, unloading, carriage, insurance and storage. Whaka Publishing Ltd reserves the right to charge to the Customer any extra or increased costs incurred by Whaka Publsihing Ltd in meeting any specific order requirements of Whaka Publsihing Ltd
2. Payment terms in respect of the price for the Goods are as agreed between the Customer and Whaka Publishing Ltd in writing. Payment is time critical. The Customer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Customer has a valid court order requiring an amount equal to such deduction to be paid by Whaka Publishing Ltd to the Customer. Notwithstanding any other provision of these Conditions, all payments payable to Whaka Publishing Ltd shall become due immediately on termination of the Contract.
3. Whaka Publishing Ltd reserves the right to charge interest on overdue amounts accruing on a daily basis from the date payment is due until the date of actual payment both before and after judgment. The rate charged will be equal to 4% above the OCR in New Zealand, Barclays Bank. base rate or the Federal Reserve rate, depending upon which jurisdiction the claim resides.
G. LIABILITY
1. Whaka Publishing Ltd does not make or give any warranty, representation or undertaking as to the quality of the Goods, their correspondence with description or fitness for purpose, that the Goods are not defamatory, injurious, obscene, unlawful or in breach of copyright or in any other manner whatsoever.
2. Whaka Publishing Ltd shall not be liable to the Customer for any claim (whether arising in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise) under or in connection with these Conditions for:
(a) any loss of profit, revenue, anticipated savings, business or contract; and
(b) any special, indirect or consequential loss.
3. Save as and to the extent provided by these Conditions, Whaka Publishing Ltd shall not in any circumstances be liable to the Customer or any successor of the Customer in respect of any Losses incurred by the Customer as a result of or in connection with the supply of Goods (including, without limitation, in respect of damage to or loss of Goods owing to any act or omission by Whaka Publishing Ltd (including negligence) or any cause not within Whaka Publishing Ltd control including (without limitation) fire, flood, accident, strike, riot, lock-out, trade dispute, industrial action, terrorism, nuclear accident, war, insurrection, act or restraint of Government).
4. Whaka Publishing Ltd total aggregate liability arising out of or in connection with these Conditions whether for breach of contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise, shall not exceed the replacement value of the Goods.
5. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Conditions and the Contract.
6. Nothing in these Conditions excludes or limits the liability of Whaka Publishing Ltd for death or personal injury caused by its negligence or for fraudulent misrepresentation.
H. CLAIMS
1. Any claims for damage to Goods in transit, or shortage in Goods delivered, must be notified to both the relevant carrier and Whaka Publishing Ltd within 3 days after the date of delivery (packaging and contents to be held for inspection). Any other claims for credit must be notified to Whaka Publishing Ltd within 28 days after the date of delivery. On no account will claims be considered if notified outside these periods.
I. INSPECTION COPIES AND APPROVALS
Inspection copies of Goods may be provided to Customers only by prior arrangement with Whaka Publishing Ltd and subject to the terms agreed with the Publisher.
J. PRIVATE INDIVIDUALS ONLY
1. The Consumer Protection (Distance Selling) Regulations 2000 shall apply to all Contracts with Private Individuals.
2. In respect of Private Individuals, these Conditions shall be subject to the test of reasonableness contained in the Unfair Contract Terms Act 1977.
K. DATA PROTECTION
For the purposes of the Data Protection Legislation the "data controller" of any "personal data" supplied by the Customer in connection with any Contract is Whaka Publishing Ltd will be a "data processor" in respect of any such personal data which will only be processed by Whaka Publishing Ltd in accordance with the instructions of the Publisher.
L. TERMINATION AND GENERAL
1. All communications relating to this Agreement shall be in writing and delivered by hand or sent by post, facsimile or electronic mail:
(a) in the case of communications to Whaka Publishing Ltd, to its registered office or such other address as notified by Whaka Publishing Ltd; or
(b) in the case of communications to the Customer, to the registered office (if a company) or (in any other case) to any address set out in any document forming part of the Contract or as notified to Whaka Publishing Ltd by the Customer.
Any communication shall take effect if delivered, upon delivery; if posted, within accepted airmail or land postage franked envelopes dates, if sent by facsimile or electronic mail, when a complete and legible copy of the communication, whether that sent by facsimile or electronic mail (as the case may be) or a hard copy sent by post or delivered by hand, has been received at the appropriate address.
2. Whaka Publishing Ltd shall have the right to terminate the agreement constituted by these Conditions if any order is made for the bankruptcy of or an effective resolution is passed, petition is presented (which is not withdrawn or dismissed within 28 days of issue) or order is made for the winding up of the Customer (except for the purpose of a solvent amalgamation or reconstruction) or if the Customer being a company is (a) unable to pay its debts within the meaning of s.123(1) Insolvency Act 1986, U.K. or any relevant Insolvency Act for New Zealand or United States,or (b) is unable to pay its debts as they fall due or makes a composition with creditors, or (c) if a supervisor, receiver, administrator, administrative receiver, liquidator or other similar officer is appointed over the whole or any part of the assets of the Customer or if a mortgagee takes possession of the whole or any part of the assets of the Customer.
3. Without prejudice to Whaka Publishing Ltd rights and remedies under this Agreement, the Publisher may enforce the provisions of these Conditions pursuant to the Contracts (Rights of Third Parties) Act 1999.
Save as so provided, neither Whaka Publishing Ltd nor the Customer intends any term of the Contract or provision of these Conditions to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999.
4. The Customer shall not be entitled to assign or transfer any of its rights or purport to assign any of its obligations under these Conditions without the prior written consent ofWhaka Publishing Ltd.
5. The termination of the agreement constituted by these Conditions shall not affect any rights or obligations of the parties arising prior to such termination.
6. If all or any provision in these Conditions shall be or become illegal, invalid or unenforceable in any respect, then the remainder of such provision and/or all other provisions shall remain valid and enforceable and the remaining liabilities of the parties shall not be affected or impaired.
7. No delay in exercising or non-exercise of any right, power or remedy provided by law or under these Conditions shall impair or otherwise operate as a waiver or release of that right, power or remedy. Any single or partial exercise of any right, power or remedy provided by law or under these Conditions shall not preclude any other or further exercise of that right or the exercise of any other right, power or remedy.
8. These Conditions shall be governed by and construed in accordance with the laws of New Zealand and all disputes shall be submitted to the exclusive jurisdiction of the New Zealand courts, unless otherwise stated by prior arrangement with Whaka Publishing Ltd.
