Marc Almond

TERMS AND CONDITIONS

 

BACKGROUND:

This agreement applies as between you, the User of this Website and First Third Books Ltd (company registration number 08470896) the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Account”
means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
“Carrier”
means any third party responsible for transporting purchased Goods from our Premises to customers;
“Content”
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Goods”
means any products that First Third Books advertises and  / or makes available for sale through this Website;
“First Third Books”
means First Third Books
“Service”
means collectively any online facilities, tools, services or information that First Third Books makes available through the Website either now or in the future;
“Payment Information”
means any details required for the purchase of Goods from this Website.  This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchase Information”
means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
“Premises”
Means our place(s) of business
“System”
means any online communications infrastructure that First Third Books makes available through the Website either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”
means any third party that accesses the Website and is not employed by First Third Books and acting in the course of their employment; and
“Website”
means the website that you are currently using and any sub-domains of this site unless expressly excluded by their own terms and conditions.

 2. Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult.  Payment Information must be provided by or with the permission of an Adult.

3. Business Customers

These Terms and Conditions also apply to customers buying Goods in the course of business.

4. International Customers

If Goods are being ordered from outside First Third Books’ country of residence, import duties and taxes may be incurred once your Goods reach their destination.  First Third Books is not responsible for these charges and we undertake to make no calculations or estimates in this regard.  If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures.  As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported.  Please be aware that Goods may be inspected on arrival at port for customs purposes and First Third Books cannot guarantee that the packaging of your Goods will be free of signs of tampering.

5. Intellectual Property

5.1    Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of First Third Books our affiliates or other relevant third parties.  By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

5.2    Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by First Third Books.

6. Third Party Intellectual Property

 6.1    Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
6.2    Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

7. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

8. Links to Other Websites

This Website may contain links to other sites.  Unless expressly stated, these sites are not under the control of First Third Books or that of our affiliates.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

9. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of First Third Books.  To find out more please contact us by email.

10. Use of Communications Facilities

10.1    When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
10.1.1    You must not use obscene or vulgar language;
10.1.2    You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
10.1.3    You must not submit Content that is intended to promote or incite violence;
10.1.4    It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
10.1.5    The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
10.1.6    You must not impersonate other people, particularly employees and representatives of First Third Books or our affiliates; and
10.1.7    You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
10.2    You acknowledge that First Third Books reserves the right to monitor any and all communications made to us or using our System.
10.3    You acknowledge that First Third Books may retain copies of any and all communications made to us or using our System.
10.4    You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information.  Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
10.5    First Third Books will take all reasonable precautions to keep the details of your order and payment secure by using a third party payment provider who uses industry standard Secure Sockets Layer (SSL) encryption technology, making First Third Books pages secure. First Third Books cannot be held liable for any losses caused as a result of unauthorised access to your information, either on this site (unless through negligence) or on the payment provider’s site.

11. Goods, Pricing and Availability

11.1    Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from First Third Books correspond to the actual Goods, First Third Books is not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether.  Please refer to Clause 15.1 for incorrect Goods.
11.2    Where appropriate, you may be required to select the required edition of the Goods that you are purchasing.
11.3    First Third Books does not represent or warrant that such Goods will be available.  Stock indications are provided on the Website however these may not take into account sales that have taken place during your visit to the web site.
11.4    All pricing information on the Website is correct at the time of going online.  First Third Books reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
11.5    In the event that prices are changed during the period between an order being placed for Goods and First Third Books processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
11.6    All prices on the Website do not include VAT.

12. Delivery

12.1    First Third Books will notify you by way of email when your goods are to be dispatched to you.  The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
12.2    If First Third receives no communication from you within 10 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.

13. Returns Policy

First Third Books aims to always provide high quality Goods that are fault free and undamaged.  On occasion however, goods may need to be returned.  Returns are governed by these Terms and Conditions.
13.1    If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 10 days to arrange collection and return.  You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods.  Refunds and replacements will be issued upon our receipt of the returned Goods.
13.2    If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged.  In any event, you should report such damage to First Third Books within 10 days and arrange collection and return.    Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
13.3    If you wish to return Goods to First Third Books for any of the above reasons, please contact us to make the appropriate arrangements.
13.4    First Third Books reserves the right to exercise discretion with respect to any returns under these Terms and Conditions.  Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
13.4.1    Any use or enjoyment that you may have already had out of the Goods;
13.4.2    Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
13.4.3    Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
a)    Such discretion to be exercised only within the confines of the law.

14. Privacy

14.1    Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference.
14.2    The Website places cookies onto your computer or device.   By accepting these terms and conditions, you are giving consent to First Third Books to place cookies on your computer or device.  Please read the information contained in the Privacy Policy prior to acceptance.
14.3    If you wish to opt-out of our placing cookies onto your computer or device, please adjust your internet browser’s settings to restrict cookies as detailed in your internet browser’s help menu. You may also wish to delete cookies which have already been placed.  For instructions on how to do this, please consult your internet browser’s help menu.

15. Disclaimers

15.1    First Third Books makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
15.2    No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
15.3    No part of this Website is intended to constitute a contractual offer capable of acceptance.
15.4    Whilst First Third Books uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

16. Changes to the Service and these Terms and Conditions

First Third Books reserves the right to change the Website, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.  If First Third Books is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

17. Availability of the Website

17.1    The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
17.2    First Third accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

18. Limitation of Liability

18.1    To the maximum extent permitted by law, First Third Books accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
18.2    Nothing in these Terms and Conditions excludes or restricts First Third Books’ liability for death or personal injury resulting from any negligence or fraud on the part of First Third Books.
18.3    Nothing in these Terms and Conditions  excludes or restricts First Third Books’ liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
18.4    Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

19. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

20. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

21. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and FirstThird Books.

22. Communications

22.1    All notices / communications shall be given to us by email.  Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
22.2    First Third Books may from time to time send you information about our products and/or services.  If you do not wish to receive such information, please let us know.

23. Law and Jurisdiction

These Terms and Conditions and the relationship between you and First Third Books shall be governed by and construed in accordance with the Law of England and Wales and First Third Books and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

 

 

 

PRIVACY POLICY

 

BACKGROUND:

This Policy applies as between you, the User of this Website and First Third Books the owner and provider of this Website.  This Policy applies to our use of any and all Data collected by us in relation to your use of the Website.

Definitions and Interpretation

In this Policy the following terms shall have the following meanings:

“Data”
means collectively all information that you submit to the First Third Books via the Website.  This definition shall, where applicable, incorporate the definitions provided in the Data Protection Act 1998;
“First Third Books”
means First Third Books
“User”
means any third party that accesses the Website and is not employed by First Third Books and acting in the course of their employment; and
“Website”
means the website that you are currently using and any sub-domains of this site  unless expressly excluded by their own terms and conditions.

1. Scope of this Policy

This Policy applies only to the actions of First Third Books and Users with respect to this Website.  It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.

2. Data Collected

2.1    We may collect your name, your email address, your postal address and any other information which you opt to supply.

3. Our Use of Data

3.1    First Third Books will use your Data for the following purposes:
3.1.1    responding to the contents of your email to us;
3.1.2    internal record keeping;
3.1.3    improvement of our products / services;
3.1.4    transmission by email of promotional materials that may be of interest to you;

4. Links to Other Websites

This Website may, from time to time, provide links to other websites.  First Third Books has no control over such websites and is in no way responsible for the content thereof.  This Policy does not extend to your use of such websites.  Users are advised to read the privacy policy or statement of other websites prior to using them.

5. Accessing your own Data

You have the right to ask for a copy of any of your personal Data held by First Third Books (where any such data is held) on payment of a small fee which will not exceed £10.00

6. Security

6.1    Data security is of great importance to First Third Books and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected via this Website.

7. Changes to this Policy

First Third Books reserves the right to change this Policy as we may deem necessary from time to time or as may be required by law.  Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the Policy on your first use of the Website following the alterations.

FIRST THIRD BOOKS DATA PROTECTION POLICY AT 24 JANUARY 2013

Introduction

This document sets out the obligations of First Third Books (“the Company”) with regard to data protection and the rights of people with whom it works in respect of their personal data under the Data Protection Act 1998 (“the Act”).

This Policy shall set out procedures that are to be followed when dealing with personal data.  The procedures set out herein must be followed by the Company, its employees, contractors, agents, consultants, partners or other parties working on behalf of the Company.
The Company views the correct and lawful handling of personal data as key to its success and dealings with third parties.  The Company shall ensure that it handles all personal data correctly and lawfully.

The Data Protection Principles

This Policy aims to ensure compliance with the Act.  The Act sets out eight principles with which any party handling personal data must comply.  All personal data:
Must be processed fairly and lawfully (and shall not be processed unless certain conditions are met);
Must be obtained only for specified and lawful purposes and shall not be processed in any manner which is incompatible with those purposes;
Must be adequate, relevant and not excessive with respect to the purposes for which it is processed;
Must be accurate and, where appropriate, kept up-to-date;
Must be kept for no longer than is necessary in light of the purpose(s) for which it is processed;
Must be processed in accordance with the rights of data subjects under the Act;
Must be protected against unauthorised or unlawful processing, accidental loss, destruction or damage through appropriate technical and organisational measures; and
Must not be transferred to a country or territory outside of the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.

Rights of Data Subjects

Under the Act, data subjects have the following rights:
o    The right to be informed that their personal data is being processed;
o    The right to access any of their personal data held by the Company within 40 days of making a request;
o    The right to prevent the processing of their personal data in limited circumstances; and
o    The right to rectify, block, erase or destroy incorrect personal data.

Personal Data

Personal data is defined by the Act as data which relates to a living individual who can be identified from that data or from that data and other information which is in the possession of, or is likely to come into the possession of, the data controller, and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual.

The Act also defines “sensitive personal data” as personal data relating to the racial or ethnic origin of the data subject; their political opinions; their religious (or similar) beliefs; trade union membership; their physical or mental health condition; their sexual life; the commission or alleged commission by them of any offence; or any proceedings for any offence committed or alleged to have been committed by them, the disposal of such proceedings or the sentence of any court in such proceedings.
The Company only holds personal data which is directly relevant to its dealings with a given data subject.  That data will be held and processed in accordance with the data protection principles and with this Policy.  The following data may be collected, held and processed by the Company from time to time:
o    Customer and supplier addresses including email addresses

Processing Personal Data

Any and all personal data collected by the Company (including that detailed in Section 4 of this Policy) is collected in order to ensure that the Company can facilitate efficient transactions with third parties including, but not limited to, its customers, partners, associates and affiliates and efficiently manage its employees, contractors, agents and consultants.  Personal data shall also be used by the Company in meeting any and all relevant obligations imposed by law.

Personal data may be disclosed within the Company.  Personal data may be passed from one department to another in accordance with the data protection principles and this Policy.  Under no circumstances will personal data be passed to any department or any individual within the Company that does not reasonably require access to that personal data with respect to the purpose(s) for which it was collected and is being processed.
The Company shall ensure that:
o    All personal data collected and processed for and on behalf of the Company by any party is collected and processed fairly and lawfully;
o    Data subjects are made fully aware of the reasons for the collection of personal data and are given details of the purpose for which the data will be used;
o    Personal data is only collected to the extent that is necessary to fulfil the stated purpose(s);
o    All personal data is accurate at the time of collection and kept accurate and up-to-date while it is being held and / or processed;
o    No personal data is held for any longer than necessary in light of the stated purpose(s);
o    All personal data is held in a safe and secure manner, taking all appropriate technical and organisational measures to protect the data;
o    All personal data is transferred using secure means, electronically or otherwise;
o    No personal data is transferred outside of the UK or EEA (as appropriate) without first ensuring that appropriate safeguards are in place in the destination country or territory; and
o    All data subjects can exercise their rights set out above in Section 3 and more fully in the Act.

Data Protection Procedures

The Company shall ensure that all of its employees, contractors, agents, consultants, partners or other parties working on behalf of the Company comply with the following when processing and / or transmitting personal data:

o    All emails containing personal data must be encrypted;
o    Personal data may be transmitted over secure networks only – transmission over unsecured networks is not permitted in any circumstances;
o    Personal data may not be transmitted over a wireless network if there is a wired alternative that is reasonably practicable;
o    Personal data contained in the body of an email, whether sent or received, should be copied from the body of that email and stored securely.  The email itself should be deleted.  All temporary files associated therewith should also be deleted;
o    Where Personal data is to be sent by facsimile transmission the recipient should be informed in advance of the transmission and should be waiting by the fax machine to receive the data;
o    Where Personal data is to be transferred in hardcopy form it should be passed directly to the recipient.  Using an intermediary is not permitted;
o    All hardcopies of personal data should be stored securely in a locked box, drawer, cabinet or similar;
o    All electronic copies of personal data should be stored securely using passwords and suitable data encryption, where possible on a drive or server which cannot be accessed via the internet; and
o    All passwords used to protect personal data should be changed regularly and should not use words or phrases which can be easily guessed or otherwise compromised.

Organisational Measures

The Company shall ensure that the following measures are taken with respect to the collection, holding and processing of personal data:

o    A designated officer (“the Designated Officer”) within the Company shall be appointed with the specific responsibility of overseeing data protection and ensuring compliance with the Act.
o    All employees, contractors, agents, consultants, partners or other parties working on behalf of the Company are made fully aware of both their individual responsibilities and the Company’s responsibilities under the Act and shall be furnished with a copy of this Policy.
o    All employees, contractors, agents, consultants, partners or other parties working on behalf of the Company handling personal data will be appropriately trained to do so.
o    All employees, contractors, agents, consultants, partners or other parties working on behalf of the Company handling personal data will be appropriately supervised.
o    Methods of collecting, holding and processing personal data shall be regularly evaluated and reviewed.
o    The Performance of those employees, contractors, agents, consultants, partners or other parties working on behalf of the Company handling personal data shall be regularly evaluated and reviewed.
o    All employees, contractors, agents, consultants, partners or other parties working on behalf of the Company handling personal data will be bound to do so in accordance with the principles of the Act and this Policy by contract.  Failure by any employee to comply with the principles or this Policy shall constitute a disciplinary offence.  Failure by any contractor, agent, consultant, partner or other party to comply with the principles or this Policy shall constitute a breach of contract.  In all cases, failure to comply with the principles or this Policy may also constitute a criminal offence under the Act.
o    All contractors, agents, consultants, partners or other parties working on behalf of the Company handling personal data must ensure that any and all of their employees who are involved in the processing of personal data are held to the same conditions as those relevant employees of the Company arising out of this Policy and the Act.
o    Where any contractor, agent, consultant, partner or other party working on behalf of the Company handling personal data fails in their obligations under this Policy that party shall indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.

Access by Data Subjects

A data subject may make a subject access request (“SAR”) at any time to see the information which the Company holds about them.
o    SARs must be made in writing, accompanied by the correct fee.
o    The Company currently requires a fee of £10 (the statutory maximum) with all SARs.
Upon receipt of a SAR the Company shall have a maximum period of 40 days within which to respond.  The following information will be provided to the data subject:
o    Whether or not the Company holds any personal data on the data subject;
o    A description of any personal data held on the data subject;
o    Details of what that personal data is used for;
o    Details of any third-party organisations that personal data is passed to; and
o    Details of any technical terminology or codes.

Implementation of Policy

This Policy shall be deemed effective as of 24 January 2013.  No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.