Terms and conditions
Information about us
This website is operated by Wayward Publications Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Wayward Publications Ltd. Wayward Publications Ltd is registered in Scotland under company number SC538673 and our registered office is at 4/3 Richmond Place, Edinburgh, Scotland EH8 9SS. Wayward Publications Ltd offers this website, including all information, products and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
1. Terms of sale
Please read through the following Terms and Conditions of Sale and Purchase (“Terms”) carefully. They comprise the terms on which you are permitted to purchase items from Wayward Publications Ltd on this website (the “Website”).
If you submit an order for any item advertised for sale on this Website, this shall be taken to constitute acceptance by you of these Terms:
Purchase of products
If you wish to purchase any item for sale on this Website (the ‘Product’), you must submit our completed order form. Your order will not be accepted unless you place us in a position of being able to receive full payment for your order at the time we accept it.
If we agree to accept your order, we will confirm this by email (the “Confirmation”) and will supply the items you have ordered (the “Product”) to you in accordance with the Confirmation and with these Terms.
The sale and purchase of Products via this Website will be governed by a contract between you and us formed when you have placed an order. We have accepted your order when we have sent you Confirmation of this (the ‘Contract’). Please note, as soon as we confirm your order, it will enter our electronic system and we will be unable to prevent it being dispatched to you.
You acknowledge and agree that, in entering into a Contract, you do not rely on and have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to the Contract or not) which is not expressly set out or referred to in the Contract. This is not intended to limit or exclude liability for fraud on our part.
You acknowledge that:
(a) all information and specifications relating to the Products and any material produced by us are approximate only; and
(b) the color (where relevant) of the items on this Website may vary from the Products supplied to you under any Contract.
We may correct any error in any unconfirmed order, sales literature or other document or information issued by us or placed on this Website without any liability.
We may make any changes in the specification of the Products to conform with any applicable safety or other statutory or European Union requirements which do not materially affect their quality or performance.
Any new features or tools which are added to the current store shall also be subject to these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
2. Returns and cancellations
You have the right to cancel this Contract from the date on which we send you our Confirmation until 14 working days after the day you receive your order.
Please note that if you have purchased an ebook from this website, and have successfully downloaded it, we are unable to offer a refund on your purchase.
Otherwise you will be responsible for and will pay the cost of returning the Products to us by the same method as they were delivered. The Products will be returned at your risk. The only circumstances in which you cannot cancel the order are where the Products that you wish to return are audio, or video products that have been removed from the sealed package in which they were delivered.
If you are unhappy with any Product you purchase from our Website for any reason, you may return it to us in its original condition within 14 working days. If you wish to return an item please follow our returns and cancellations instructions. Any refunds made pursuant to these Terms will be a refund of the price actually paid by you for the relevant Product and, except where specifically provided otherwise, will not include a refund of any postage, packaging or similar costs. For the avoidance of doubt, if you purchased a Product at a discount, we will refund you the discounted price.
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms and Conditions will result in an immediate termination of your use of the website.
3. Accessing the Website
Access to the Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Website without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period.
From time to time, we may only allow access to some parts of the Website, or the entire Website, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our registration and security procedures, you must treat such information as confidential and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time and terminate your registration at any time without notice to you if in our opinion you have failed to comply with any of the provisions of these Terms & Conditions.
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms & Conditions and that they comply with them. Please note that we currently support the following browsers: Internet Explorer 9, 10 and 11; Chrome (latest version, as it auto updates); Firefox (latest version, as it auto updates); and Safari (latest version, as it auto updates).
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
4. Risk and ownership
Risk of damage or loss of the Products shall pass to you on delivery or, if you fail to take delivery of the Products, at the time when we have tried to deliver the Products.
Title in the Products shall pass to you on delivery or, if you fail to take delivery of the Products, at the time when we tried to deliver the Products to you.
5. Withdrawal and use of products
We may withdraw from the market any Products that we produce or generally supply without prior notice, or liability, to you.
If we provide you with information about the use for which the Products are designed and about any conditions necessary to ensure that the Products will be safe, then you must use the Products accordingly.
5. Intellectual property rights
Unless otherwise stated, we are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. For the purposes of these Terms & Conditions, “material” means material including, without limitation, text, graphics, images, video and sound material. Those works are protected by copyright and other intellectual property laws and treaties around the world. All such rights are reserved.
You may download and print extracts from material on the Website for your own personal and non-commercial use only. You must not download or print the material or extracts from it in a systematic or regular manner or otherwise so as to create a database in electronic or paper format comprising all or part of the material appearing on the Website. You may not distribute, transmit or disseminate any part of the material on the Website without our prior permission.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must retain all copyright and other proprietary notices appearing on the Website and you must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us and/or our licensors.
If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com.
If you print off, copy or download any part of the Website in breach of these Terms & Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
We aim to update the Website regularly, and may change the content at any time. If the need arises, we may suspend access to the Website or close it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
6. Our liability
While we endeavour to ensure that the information provided on the Website is accurate and up to date, the material displayed on the Website (whether provided by us or a third party) is made available without any guarantees, conditions, warranties or representations as to its accuracy, completeness or reliability. Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. To the extent permitted by law, we hereby expressly exclude:
• All conditions, warranties, representations and other terms which might otherwise be implied by statute, common law or the law of promise, or equity.
• Any responsibility or liability for any direct, indirect, special and/or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it (whether caused by tort, breach of contract or otherwise, even if foreseeable).
You hereby expressly agree that you use the Website ‘as is’ and at your own risk and that any damage or loss arising from your use of it and/or any reliance placed on its contents are your sole responsibility.
This does not affect our liability for death or personal injury arising from our negligence nor any other liability which cannot be excluded or limited under applicable law.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
7. Information about you and your visits to our site
8. Modifications to prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue any product at any time without notice
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
9. European Union – Digital Services and eBook VAT Rates
The VAT Rates for digital services (including eBooks) vary depending on the location of the customer* (*EU based customers only).
The stated price of digital services (including eBooks) is inclusive of any applicable VAT.
Sales of digital products and services will be calculated based on the location of the EU customer and not the location of Wayward Publications Ltd as the supplier.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
11. Accuracy of billing and account information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
12. Uploading or submitting material to the website
Whenever you make use of a feature that allows you to upload or submit material to the Website, or to make contact with other users of the Website, you must comply with the content standards set out below. You warrant that any such contribution does comply with those standards and you indemnify us for any breach of that warranty.
Any material you submit or upload to the Website will be considered non-confidential and non-proprietary, and you grant us a non-exclusive, perpetual, royalty-free, worldwide licence to publish such material in any format, including without limitation print or electronic format and to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy or that it is defamatory of such person.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.
Publication of any material you submit to us will be at our sole discretion and we reserve the right to make additions or deletions to the text or graphics prior to publication or to refuse publication. We further reserve the right to remove any material or posting you make on the Website if, in our sole discretion, such material does not comply with the content standards set out below.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
• Be accurate (where they state facts)
• Be genuinely held (where they state opinions)
• Be original to you
• Comply with any applicable law worldwide and in particular in the UK and in any country from which they are posted.
Contributions must not:
• Be obscene, offensive, hateful, inflammatory, incite violence or contain sexually explicit material;
• Advocate, promote or assist any illegal activity of any kind;
• Be defamatory or any person or violate another person’s privacy rights or otherwise contain unlawful material;
• Infringe any copyright, database right or trade mark of any other person or party;
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• Give the impression that they emanate or are endorsed by us, if this is not the case; and
• Falsely endorse a good or service.
The area of the Website where registered users can submit details of their profile is intended for individual profiles and not company profiles or information.
13. Viruses, hacking and other offences
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs, spyware, adware or other material which is malicious or technologically harmful or designed to adversely affect the operation of the Website or of any computer software or hardware relating or connecting thereto. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
14. Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your convenience and information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. In the event you link to any such third party site you do so at your own risk.
15. Personal information
16. Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
17. Prohibited uses
In addition to other prohibitions as set forth in the Terms and conditions you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any national, international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
18. Disclaimer of warranties, Limitation of liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the website will be accurate or reliable.
You agree that from time to time we may remove the products for indefinite periods of time or cancel any product at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products delivered to you through use of this website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of satisfactory quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Wayward Publications Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, delict (tort), including our negligence, strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Wayward Publications Ltd and any parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable lawyer/attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
22. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service provided constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
23. Jurisdiction and applicable law
The Scottish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to and/or use of the Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
These Terms & Conditions 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 law of Scotland.
24. Changes to Terms and Conditions
You can review the most current version of the Terms and Conditions at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
25. Contact information
Questions about the Terms and Conditions should be sent to us at firstname.lastname@example.org.