Policies

Buy Small Press

Privacy Policy for Website

20/10/2020

1.Introduction

This Privacy Policy (together with our terms and conditions and any other documents referred to in it) describes the type of information that we collect from you (“you/your”) through the use of our services (“Marketplace”), or the use of our website www.buysmallpress.com (“Website”), how that information may be used or disclosed by us and the safeguards we use to protect it.

Our Website and Marketplace may contain links to third party websites which are not covered by this Privacy Policy. We ask you to review the privacy statements of other websites and applications therefore, to understand their information practices.

We have drafted this Privacy Policy to be as clear and concise as possible. Please read it carefully to understand our policies regarding your information and how we will treat it. By using or accessing our Website or the Marketplace, you agree to the collection, use and disclosure of information in accordance with this Privacy Policy. This Privacy Policy may change from time to time and your continued use of the Website or the Marketplace is deemed to be acceptance of such changes, so please check periodically for updates.

This Privacy Policy was last updated on 20/10/2020. Please check back regularly to stay informed. Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of our Privacy Policy is deemed to occur upon your first use of our Website following the publication of each update to this policy. If you do not accept and agree with this Privacy Policy, you must stop using our Website immediately.

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

If you have any comments on this Privacy Policy, please email them to a.rackley@buysmallpress.com

 

2.Who We Are

2.1 Here are the details that we as a ‘data controller’ have to give you under the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as General Data Protection Regulation (GDPR) on the protection of natural persons with regards to the processing of personal data and on the free movement of such data:

  • Our Website address is www.buysmallpress.co.uk
  • Our company name is Fair Spark Books Limited
  • Our registered address is Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX.
  • Our nominated representative or Data Protection Officer is Aaron Rackley and they can be contacted at a.rackley@buysmallpress.com

2.2 We respect your right to privacy and will only process personal information about you OR provided by you in accordance with the Data Protection Legislation which for the purposes of this Privacy Policy shall mean: (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 2018 and other applicable privacy laws.

3.What we may collect

3.1 Personal data, or personal information, means any information about an individual from which that person can be identified or which, when combined with other information could identify that person.

3.2 We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes first name, last name, username or similar identifier. When you email, phone, live chat or otherwise, we may collect information such as your first name, last name, email address and phone number.
  • Contact Data includes billing address, invoicing address, email address and telephone numbers.
  • Financial Data includes bank account and payment card details.
  • Transaction Data includes details about payments and other details of our Marketplace and Publications you have purchased from us.
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Website.
  • Profile Data includes your username and password, reservations made by you, your interests, preferences, feedback and survey responses.
  • Usage Data includes information about how you use our Website and Marketplace.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
  • Interaction Data includes any information that you might provide to any discussion forums on the Website.
  • Cookies Data like many websites, we use “cookies” to enhance your experience and gather information about visitors and visits to our websites. Please refer to the “Do we use ‘cookies’?” section below for information about cookies and how we use them and what kind.
  • Third Parties and Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or through the Marketplace we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on our Website.
  • Analytics includes third-party analytics services (such as Google Analytics) to evaluate your use of the Website, compile reports on activity, collect demographic data, analyse performance metrics, and collect and evaluate other information relating to our Website and internet usage. These third parties use cookies and other technologies to help analyse and provide us the data. By accessing and using the Website, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy.

 

3.3 We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law if this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.

3.4 Under GDPR we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies:

  1. a) You have given consent to the processing of your personal data for one or more specific purposes;
  2. b) processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to you entering into a contract;
  3. c) processing is necessary for compliance with a legal obligation to which we are subject;
  4. d) processing is necessary to protect the vital interests of you or of another natural person;
  5. e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or
  6. f) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party such as our financial payments, except where such interests are overridden by the fundamental rights and freedoms of the data subject, in particular where the data subject is a child.

3.5 If we receive personal information in the course of providing our services to you from another data subject, we expect you to have complete responsibility for ensuring that the contents of this Privacy Policy are brought to their attention and you have obtained their consent in the process.

3.6 In some instances, it may be appropriate for us to combine your information with other information that we may be holding about you, such as combining your name with your geographic location or your browsing or purchasing history.

4.How we may collect and use your data

4.1 We (or third party data processors, agents and sub-contractors acting on our behalf) may collect, store and use your personal information by way of different methods to collect data from and about you including through:

Direct interactions. You may give us your information by filling in forms via our Website or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

  1. a) present Website content;
  2. b) use our Marketplace;
  3. c) create an account on our Website;
  4. d) buy or subscribe to publications;
  5. e) request marketing to be sent to you;
  6. f) enter a competition, promotion or survey; or
  7. g) give us some feedback.

4.2 In addition to the above, we may use the information in the following ways:

  1. a) To personalise your Website experience and to allow us to deliver the type of content and product offerings in which you are most interested.
  2. b) To administer a contest, promotion, survey or other site feature.
  3. c) If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the “How can you opt-out, remove or modify information you have provided to us?” section below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and ‘members-only’ content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.
  4. d) Present Website content effectively to you.
  5. e) Provide information, and services that you request, or (with your consent) which we think may interest you.
  6. f) Carry out our contracts with you.
  7. g) Provide the relevant services to you
  8. h) Tell you our charges.

4.3 If you are already our customer, we will only contact you electronically about things similar to what was previously bought by you.

4.4 If you are a new customer, you will only be contacted if you consent to it.

4.5 We may keep a record of those links which are used the most to enable us to provide the most helpful information but we agree to keep such information confidential and you will not be identified from this information.

4.6 In addition, if you don’t want us to use your personal data for any of the other reasons set out in this section in 5, you can let us know at any time by contacting us at contact@buysmallpress.com, and we will delete your data from our systems. However, you acknowledge this will limit our ability to provide the best possible services to you.

4.7 In some cases, the collection of personal data may be a statutory or contractual requirement, and we will be limited in the services we can provide you if you don’t provide your personal data in these cases.

4.8 We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  1. a) Where we need to perform the contract we are about to enter into or have entered into with you.
  2. b) Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  3. c) Where we need to comply with a legal or regulatory obligation

 

4.9 Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to our marketing communications or sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us at contact@buysmallpress.com, and we will either delete your data from our systems or move your data to our “unsubscribe list”. However, you acknowledge this will limit our ability to provide the best possible services to you.

4.10 As already indicated, with your permission and/or where permitted by law, we may also use your data for marketing purposes which may lead to us contacting you by email and/or telephone with information, news and offers on our Marketplace. We agree that we will not do anything that we have not agreed to under this Privacy Policy, and we will not send you any unsolicited marketing or spam. We will take all reasonable steps to ensure that we fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended in 2004, 2011, 2015, 2016 and 2018.

5.Cookies

5.1 All Cookies used by and on our website are used in accordance with current English and EU Cookie Law.

5.2 We use cookies to distinguish users and improve our Website. Please look at our Cookie Policy https://buysmallpress.com/policies/ for more cookie information.

6.Where we store your data and security

6.1 We may transfer your collected data to storage outside the European Economic Area (EEA). It may be processed outside the EEA to fulfil your order and to receive our Marketplace and deal with payment. If we do store or transfer data outside the EEA, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the EEA and under the GDPR or under any prevailing UK Data Protection Laws as may be in effect at the time. Such steps may include, but not be limited to, the use of legally binding contractual terms between us and any third parties we engage with and the use of the EU-approved Model Contractual Arrangements. Your acceptance of this Privacy Policy shall be your consent permitting us to store or transfer data outside the EEA if it is necessary for us to do so.

6.2 Data security is of great importance to us, and to protect your data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through our Website. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

6.3 We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

6.4 By giving us your personal data, you agree to this arrangement. We will do what we reasonably can to keep your data secure.

6.5 Any payments made by you, will be encrypted.

6.6 We have implemented security measures such as a firewall to protect any data and maintain a high level of security.

6.7 Notwithstanding the security measures that we take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to us data via the internet and you take the risk that any sending of that data turns out to be not secure despite our efforts.

6.8 If we give you a password upon registration on our Website, you must keep it confidential. Please don’t share it.

6.9 We will keep personal data for as long as is necessary which is usually the life of our relationship and for a period of up to seven years after our relationship ends. We may however be required to retain personal data for a longer period of time to ensure we comply with our legislative and regulatory requirements. We review our data retention obligations to ensure we are not retaining data for longer than we are legally obliged to.

7.Disclosing your information

7.1 We are allowed to disclose your information in the following cases:

7.1.1 If we want to sell our business, or our company, we can disclose it to the potential buyer.

7.1.2 We can disclose it to other businesses in our group.

7.1.3 We can disclose it if we have a legal obligation to do so, or in order to protect other people’s property, safety or rights.

7.1.4 We can exchange information with others to protect against fraud or credit risks.

7.2 We may contract with third parties to supply services to you on our behalf. These may include payment processing, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. These are the third parties that have access to your information:

Facebook & Google to help with targeted ads

7.3 Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under Data Protection Legislation.

8.Your rights

8.1 When you submit information via our Website, you may be given options to restrict our use of your data. We aim to give you strong controls on our use of your data (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided above in this Privacy Policy).

8.2 Under the Data Protection Legislation, you have the right to:

  • request access to, deletion of or correction of, your personal data held by us at no cost to you;
  • request that your personal data be transferred to another person (data portability);
  • be informed of what data processing is taking place;
  • restrict processing;
  • to object to processing of your personal data; and
  • complain to a supervisory authority.

 

8.3 You also have rights with respect to automated decision-making and profiling as set out in section 11 below.

8.4 You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes.

8.5 To enforce any of the foregoing rights or if you have any other questions about our Website or this Privacy Policy, please contact us at contatc@buysmallpress.com

9.Links to other sites

9.1 Please note that our terms and conditions and our policies will not apply to other websites that you get to via a link from our Website. We have no control over how your data is collected, stored or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.

10.Changes

10.1 If we change our Privacy Policy, we will post the changes on this page. If we decide to, we may also email you.

  1. Automated Decision-Making and Profiling

11.1 In the event that we use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on you, you have the right to challenge to such decisions under GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from us.

11.2 The right described in section 11.1 does not apply in the following circumstances:

  1. a) the decision is necessary for the entry into, or performance of, a contract between the you and us;
  2. b) the decision is authorised by law; or
  3. c) you have given you explicit consent.

11.3 Where we use your personal data for profiling purposes, the following shall apply:

  1. a) Clear information explaining the profiling will be provided, including its significance and the likely consequences;
  2. b) Appropriate mathematical or statistical procedures will be used;
  3. c) Technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and
  4. d) All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling.

 

 

 

12.Terms and Conditions

12.1 Please also visit our Terms and Conditions section https://buysmallpress.com/policies/ establishing the use, disclaimers, and limitations of liability governing the use of our Website.

13.Your Consent

13.1 By using our Website and by way of acknowledgment, you consent to our Privacy Policy.

14.Dispute Resolution

14.1 The Parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Privacy Policy or any breach of it.

14.2 If any such dispute cannot be settled amicably through ordinary negotiations between the parties, or either or both is or are unwilling to engage in this process, either party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.

14.3 If the parties are unable to agree upon a mediator, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, any party may within 14 days of the date of knowledge of either event apply to LawBite to appoint a mediator under the LawBite Mediation Procedure.

14.4 Within 14 days of the appointment of the mediator (either by mutual agreement of the parties or by LawBite in accordance with their mediation procedure), the parties will meet with the mediator to agree the procedure to be adopted for the mediation, unless otherwise agreed between the parties and the mediator.

14.5 All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the parties in any further proceedings.

14.6 If the parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorised representatives of both parties, shall be final and binding on them.

14.7 If the parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the parties) of the mediator being appointed, or if either party withdraws from the mediation procedure, then either party may exercise any right to seek a remedy through arbitration by an arbitrator to be appointed by LawBite under the Rules of the LawBite Arbitration Scheme.

14.8 Any dispute shall not affect the parties’ ongoing obligations under this Privacy Policy.

 

 

Buy Small Press Cookie Policy

1.Definition

Cookies are small text files placed on your device when you visit our site and are used to make improvements to our site and to increase the efficiency and ease of the user experience. We are able to store cookies on your computer where they are necessary for the operation of the site however, for non-essential cookies we need your permission.

2.How we use Cookies

We use cookies to recognise you and your preferences, improve our site’s performance and collect analytical information for ourselves. Without the knowledge gained we would not be able to provide the services we do, in the way that we do.

3.’Session’ and ‘Persistent’ Cookies

‘Session cookies’ allow us to track your actions during a single browsing session, but they do not remain on your device afterwards.

‘Persistent cookies’ remain on your device between sessions. We use them to authenticate you and to remember your preferences. We can also use them to balance the load on our servers and improve your experience on our site.

Session and persistent cookies can be either first party, or third party cookies. A first-party cookie is set by the website being visited; a third-party cookie is set by a different website. Both types of cookie may be used by us or our business partners.

Third Party Cookies we use include:

Google Analytics

Facebook Pixel

Cookies set by Buy Small Press:

Woocomerce user identifier

4.Disclaimer

All our cookies are categorised by the role they fulfil on our website:

  1. Strictly Necessary: these are essential to enable you to move around our website and use features such as secure services. Without these cookies such services could not be provided;
  2. Functionality: allow the website to remember your choices and to personal certain features such as login / saving regular payment details. These cookies may be anonymised and cannot track your browsing activity on other websites; and
  3. Performance: collect information as to how users use the website. These cookies don’t collect information that identifies a visitor. The information collected is aggregated and used to improve our website.
  4. None of the cookies employed are classified as Behavioural Targeting.

If at any time you wish to disable our cookies, you may do so through the settings on your browser. However, if you choose to disable or delete our cookies that will prevent certain important areas and features of our service from functioning properly (and if you do so you will not be able to use certain important features of our service). You can find additional information at AboutCookies.org.

Notwithstanding, the audit undertaken regarding our cookies, it is possible we may have missed one from our list above. If you happen to find one that is being set on our site, please let us know.

 

TERMS of Sale Buy small press

BACKGROUND:

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

  1. Definitions and Interpretation
    • In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Publisher”

means the writer, illustrator or publisher who holds the rights necessary to make Publications available on our Site;

“Contract”

means a contract for the purchase and sale of Publications, as explained in Clause 8;

“Publications”

means the goods sold by Us through Our Site;

“Order”

means your order for Publications;

“Order Confirmation”

means our acceptance and confirmation of your Order;

“Order Number”

means the reference number for your Order; and

“We/Us/Our”

means FAIR SPARK BOOKS LIMITED (company number 11510115) a company registered in England and Wales and our registered office is at Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX.

“Working Day”

09.00 hrs to 17.30 hrs on any day between Monday and Friday (inclusive) when the banks in London, UK are open for business.

  1. Information About Us
    • Our Site: co.uk is owned and operated by Fair Spark Books Limited.
    • Our VAT number is <<insert VAT number>>.
    • Contacting us. To contact us telephone our customer service team at 020 3026 4408 or email contact@buysmallpress.com. How to give us formal notice of any matter under the Contract is set out in clause 16.
  2. Access to and Use of Our Site
    • Access to Our Site is free of charge.
    • It is your responsibility to make any and all arrangements necessary in order to access Our Site.
    • Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
    • Use of Our Site is subject to our Website Terms of Use https://buysmallpress.com/policies/. Please ensure that you have read them carefully and that you understand them.
  3. Age and Other Restrictions
    • Certain Publications may only be purchased by consumers above a certain age. Where this is the case we will clearly indicate by adding to the listing a minimum age.
    • We are not permitted by law to supply these Publications to anyone below the applicable age.
    • If you intend to buy age restricted titles then we may ask you to provide proof of your age before we can accept your order.
    • If someone else pays for your purchases (a parent or guardian) then you will need their permission before you order and we reserve the right to decline your purchase until we are satisfied that that permission has been given.
  4. Business Customers

These Terms of Sale do not apply to customers purchasing Publications in the course of business.

  1. International Customers

Please note that you will be responsible for the payment of any taxes and/or importation duties payable on printed Publications.

  1. Publications, Pricing and Availability
    • We make all reasonable efforts to ensure that all descriptions and graphical representations of Publications available from Us correspond to the actual Publications. Please note, however, the following:
      • Images of Publications are for illustrative purposes only. There may be slight variations in on screen rendered colours and the actual printed Publications sold due to differences in computer displays and lighting conditions;
      • Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Publications may vary.
    • Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to variations of the correct Publications, not to different Publications altogether. Please refer to Clause 11 if you receive incorrect Publications (i.e. Publications that are not as described).
    • We cannot guarantee that Publications will always be available. Stock indications of printed editions are sometimes provided on Our Site, however we offer no guarantee that such indications will always be accurate in periods of high demand etc.
    • We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.  Publishers have the right to update the price at which any Publication may be offered and our Site reflects the current pricing we receive from the Publisher.
    • Changes in price will not affect any order that you have already placed (please note sub-Clause 7.9 regarding VAT, however).
    • All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake.  If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order.  If the correct price is higher, We will give you the option to purchase the Publications at the correct price or to cancel your Order (or the affected part of it).  We will not proceed with processing your Order in this case until you respond.  If We do not receive a response from you within forty-eight (48) hours, We will treat your Order as cancelled and notify you of this in writing.
    • In the event that the price of Publications you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
    • All prices on Our Site include VAT where chargeable. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
    • Delivery charges are not included in the price of Publications displayed on Our Site. Delivery options and related charges will be presented to you as part of the order process.
  2. Orders – How Contracts Are Formed
    • Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it.  Please ensure that you have checked your Order carefully before submitting it.
    • If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it.  If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end.  If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
    • No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of your Order does not mean that we have accepted it.  Our acceptance is indicated by Us sending you an Order Confirmation by email.  Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
    • Order Confirmations shall contain the following information:
      • Your Order Number;
      • Confirmation of the Publications ordered including full details of the main characteristics of those Publications;
      • Fully itemised pricing for the Publications ordered including, where appropriate, taxes, delivery and other additional charges; and
      • Estimated delivery date(s).
    • We will also include a paper copy of the Order Confirmation with your Publications.
    • In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you as soon as possible and in any event within seven (7) days.
    • Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Publications.
  3. Payment
    • Payment for Publications and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will not be charged until We dispatch your Publications.
    • We accept the following methods of payment on Our Site:
      • Paypal
      • Stripe
  1. Delivery, Risk and Ownership
    • All Publications purchased through Our Site will normally be delivered within 30 days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 14).
    • If for any reason we are unable to deliver the Publications to your chosen delivery address, we will leave a note informing you that the Publications have been returned to our premises with instructions for arranging re-delivery. If you do not collect the Publications or arrange for re-delivery, we will contact you to ask for further instructions. If we cannot contact you despite our reasonable efforts, or we cannot arrange re-delivery or collection, we may end the Contract and issue you with a refund but may deduct a reasonable sum in compensation for any net costs incurred by us as a result.
    • In the unlikely event that We fail to deliver the Publications within 30 days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 10.1), if any of the following apply you may treat the Contract as being at an end immediately:
      • We have refused to deliver your Publications; or
      • In light of all relevant circumstances, delivery within that time period was essential; and
      • You told Us when ordering the Publications that delivery within that time period was essential.
    • If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
    • You may cancel all or part of your Order under sub-Clauses 10.3 or 10.4 provided that separating the Publications in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Publications and their delivery will be refunded to you within ten (10) Working Days.  Please note that if any cancelled Publications are delivered to you, you must return them to Us; once returned the period for refund will begin. No refund period will be commence before any returned cancelled Publications have been received by Us or you have provided proof of return.  We will refund to you the cost of returning the cancelled Publications.
    • Delivery shall be deemed complete and the responsibility for the Publications will pass to you once We have delivered the Publications to the address including, where relevant, any alternative address (or sent the link to download the Publications to the email address) you have provided.
    • Ownership of the Publications passes to you only once we have received payment in full of all sums due (including any applicable delivery charges).
    • Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Publications.
  2. Faulty, Damaged or Incorrect Publications
    • By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, unless We have made you aware of any differences. If any digital content is included in the Publications, that digital content must also conform.  If any Publications you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Publications, please contact Us at contact@buysmallpress.com as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a return for refund or replacement.  Your available remedies will be as follows:
      • Beginning on the day that you receive printed Publications (and ownership of them) you have a 30 calendar day right to reject the Publications and to receive a full refund if they do not conform as stated above. We reserve the right to refuse to refund you however if we have good reason to believe that you have read the printed Publications before requesting to return them for a refund.
      • If you do not wish to reject printed Publications, or if the 30 day rejection period has expired, you may request replacement of any Publication which contains a printing or binding fault. You will be asked to include details of the error you have found when returning the Publication(s) for replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you.  In certain circumstances, where a replacement is impossible at the time, We may instead offer you a full refund as an alternative.  If you request a replacement during the 30 day rejection period, that period will be suspended while We send replacement and will resume on the day that you receive the replacement Publications.  If less than 7 days remain out of the original period, it will be extended to 7 days.
      • If, after replacement, the Publications still do not conform (or if We cannot replace them, as described above, or have failed to act within a reasonable time or without significant inconvenience to you), you may ask Us to replace the title again (you do not have to give Us multiple opportunities to do so if you do not want to), or you have the right either to keep the Publications at a reduced price, or to reject them in exchange for a refund.
      • If you exercise the final right to a partial refund of the cost of the Publications more than six months after you have received them, We may reduce any refund offered to reflect the use that you have had out of the Publications.
      • Within a period of six years after you have received the Publications (and ownership of them), if the Publications do not last a reasonable length of time, you may be entitled to a partial refund. Please be aware that after six months have passed since you received the Publications, the burden of proof will be on you to prove that the defect or non-conformity existed at the time of delivery.
    • Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the printed Publications before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Publications for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Publications for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Publications to Us under this Clause 11 merely because you have changed your mind.  If you are a consumer, you have a legal right to a fourteen (14) day cooling-off period within which you can return Publications (printed OR digital) for this reason.  Please refer to Clause 12 for more details.
    • To return Publications to Us for any reason under this Clause 11, please contact Us at contact@buysmallpress.com to arrange for return. We will be fully responsible for the costs of returning Publications under this Clause 11 and will reimburse you where appropriate.
    • Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
    • Any and all refunds issued under this Clause 11 will include all delivery costs paid by you when the Publications were originally purchased.
    • Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Publications.
    • For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
  3. Cancelling and Returning Publications if You Change Your Mind
    • If you are a consumer, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed.  You may also cancel for any reason before We send the Order Confirmation. 
    • If you wish to exercise your right to cancel under this Clause 12, you must inform Us of your decision within the cooling-off period. You may do so in any way you wish, however for your convenience We offer a a link to request Cancellation with the Order Confirmation.  Cancellation by email or by post is effective from the date on which you send Us your message.  Please note that the cooling-off period lasts for whole calendar days.  If, for example, you send Us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.  If you would prefer to contact Us directly to cancel, please use the following details:
      • Telephone: 020 3026 4408;
      • Email: contact@buysmallpress.com;
      • Post: Fair Spark Books LtdKemp House, 160 City Road, London, United Kingdom, EC1V 2NX ;

In each case, providing Us with your name, address, email address, telephone number, and Order Number.

  • We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Publications and services, however please note that you are under no obligation to provide any details if you do not wish to.
  • Please note that you may lose your legal right to cancel under this Clause 12 in the following circumstances:
    • If the printed Publications are sealed and you have unsealed those Publications after receiving them or they have been damaged in any way; or
    • If the digital Publications have been opened and there is evidence reasonably to suggest that the Publications have been read by you after you received them.
  • Please ensure that you return Publications to Us no more than fourteen (14) days after the day on which you have informed Us that you wish to cancel under this Clause 12.
  • You may return Publications to Us by post or another suitable delivery service of your choice to Our returns address at Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX. Please contact Us at contact@buysmallpress.com to arrange for return.  Please note that you must bear the costs of returning Publications to Us if cancelling under this Clause 12. The cost of returning Publications to Us should not normally exceed the cost of having them originally delivered to you if you use the same carrier.
  • Refunds under this Clause 12 will be issued to you within fourteen (14) days of the following:
    • The day on which We receive the Publications back; or
    • The day on which you inform Us (supplying evidence) that you have sent the Publications back (if this is earlier than the day under sub-Clause 12.9.1); or
    • If We have not yet provided an Order Confirmation or have not yet dispatched the Publications, the day on which you inform Us that you wish to cancel the Contract.
  • Refunds under this Clause 12 may be subject to deductions in the following circumstances:
    • Refunds may be reduced for any diminished value in printed Publications resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if We issue a refund before We have received the Publications and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that printed Publications have been handled excessively.
    • Standard delivery charges will be reimbursed in full as part of your refund. Please note, however, that We cannot reimburse for premium delivery.  We will only reimburse the equivalent standard delivery costs when issuing refunds under this Clause 12.
  • Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Publications.
  1. Our Liability to Consumers
    • We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
    • We only supply goods for private use by consumers. We make no warranty or representation that the Publications are fit for commercial, business or industrial use of any kind (including resale).  We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
    • Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
    • Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

 

  1. Events Outside of Our Control (Force Majeure)
    • We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.
    • If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
      • We will inform you as soon as is reasonably possible;
      • We will take all reasonable steps to minimise the delay;
      • To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
      • We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Publications as necessary;
      • If the event outside of Our control continues for more than sixty (60) days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within ten (10) Working Days of the date on which the Contract is cancelled;
      • If an event outside of Our control occurs and continues for more than thirty (30) days and you wish to cancel the Contract as a result, you may do so in any way you wish. To cancel, please use the following details:

Telephone: 020 3026 4408;

Email: contact@buysmallpress.com

Post: Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX;

In each case, providing Us with your name, address, email address, telephone number, and Order Number.  Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within fourteen (14) days of the date on which the Contract is cancelled.

  1. Communication and Contact Details
    • If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 020 3026 4408, by email at contact@buysmallpress.com, or by post at Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX;.

 

 

 

  1. Complaints and Feedback
    • We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
    • All complaints are handled in accordance with Our complaints handling policy and procedure, available from https://buysmallpress.com/policies/ and https://buysmallpress.com/policies/ respectively.
    • If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
      • By email, addressed to Aaron at a.rackley@buysmallpress.com;
      • Using Our complaints form, following the instructions included with the form; or
      • By contacting Us by telephone on 020 3026 4408.
  1. How We Use Your Personal Information (Data Protection)
    • All personal data that We may collect about you and use will be collected, held, and processed in accordance with UK data protection law (including, but not limited to, the GDPR (and any successor legislation which applies following the UK’s departure from the European Union), the Data Protection Act 2018, and the Privacy and Electronic Communications (EC Directive) Regulations 2003).
    • For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy https://buysmallpress.com/policies/ and Cookie Policy https://buysmallpress.com/policies/.

 

  1. Other Important Terms
    • We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
    • You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable).
    • The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
    • If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
    • No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
    • We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.  If you do opt to cancel, you must return any affected Publications you have already received and we will arrange for a full refund (including any delivery charges) which will be paid within fourteen (14) days of your cancellation.
  2. Law and Jurisdiction
    • These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England.
    • If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.
    • If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
    • If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England.

 

 

 

 

TERMS of Use Buy small press website

BACKGROUND:

                These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, buysmallpress.co.uk (“Our Site”).  Please read these Terms of Use carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site.  These Terms of Use do not apply to the sale of goods.  Please refer to our Terms of Sale for more information https://buysmallpress.com/policies/.

  1. Definitions and Interpretation
    • In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Account”

means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;

“Content”

means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“User”

means a user of Our Site;

“User Content”

means any content submitted to Our Site by Users including, but not limited to product reviews, comments, forum posts etc.; and

“We/Us/Our”

means FAIR SPARK BOOKS LIMITED (company number 11510115) a company registered in England and Wales and our registered office is at Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX.

“Working Day”

09.00 hrs to 17.30 hrs on any day between Monday and Friday (inclusive) when the banks in London, UK are open for business.

  1. Information About Us
    • Our Site, co.uk is owned and operated by Fair Spark Books Limited.
    • Our VAT number is <<insert VAT number>>.
    • To contact us, telephone our customer service team at 020 3026 4408 or email contact@buysmallpress.com How to give us formal notice of any matter under the Contract is set out in clause 16.
  2. Access to Our Site
    • Access to Our Site is free of charge.
    • It is your responsibility to make any and all arrangements necessary in order to access Our Site.
    • Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
  3. Accounts
    • Certain parts of Our Site (including the ability to purchase goods from Us) may require an Account in order to access them.
    • You may not create an Account if you are under sixteen (16) years of age. If you are under sixteen (16) years of age and wish to use the parts of Our Site that require an Account, your parent or guardian should create the Account for you and you must then only use the Account with their supervision.
    • When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
    • We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols. It is your responsibility to keep your password safe.  You must not share your Account with anyone else unless, as in clause 4.2, that person is your parent or guardian. If you believe your Account is being used without your permission, please contact Us immediately at contact@buysmallpress.com.  We will not be liable for any unauthorised use of your Account.
    • You must not use anyone else’s Account (unless, as in clause 4.2, that person is your child, or your ward).
    • Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 17.
    • If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information.  Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
    • If you close your Account, any reviews, comments and forum postings etc. you have created on Our Site will be deleted.
  4. Intellectual Property Rights
    • With the exception of User Content (see Clause 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
    • Subject to sub-Clause[s]3 [and 5.6] you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
    • You may:
      • Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
      • Download Our Site (or any part of it) for caching;
      • Print page(s) from Our Site for personal (private) use;
      • Download extracts from pages on Our Site; and
      • Save pages from Our Site for later and/or offline viewing.
    • Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
    • You may not use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
    • Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
  5. User Content
    • User Content on Our Site includes (but is not necessarily limited to) Publication listings and descriptions, reviews of Publications, comments and reader forums.
    • An Account is required if you wish to submit User Content. Please refer to Clause 4 for more information.
    • You agree that you will be solely responsible for your User Content. Specifically, you agree, legally assure Us and promise that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 12.
    • You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the promises given by you under sub-Clause 6.3. You will be responsible for any loss or damage suffered by Us as a result of such breach.
    • You (and that includes anyone who has permitted you to include content owned by them) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.
    • If you wish to remove User Content from Our Site, the User Content in question will be anonymised by removing your user name and any avatar you have applied to it. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
    • We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
  6. Links to Our Site
    • You may link to Our Site provided that:
      • you do so in a fair and legal manner;
      • you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
      • you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
      • you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
    • Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at contact@buysmallpress.com for further information.
    • You may not link to Our Site from any other site the main content of which contains material that:
      • is sexually explicit;
      • is obscene, deliberately offensive, hateful or otherwise inflammatory;
      • promotes violence;
      • promotes or assists in any form of unlawful activity;
      • discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
      • is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
      • is calculated or is otherwise likely to deceive another person;
      • is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
      • misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.3);
      • implies any form of affiliation with Us where none exists;
      • infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
      • is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
    • The content restrictions in sub-Clause 7.3 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 7.3. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content.  You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
  7. Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

 

  1. Disclaimers
    • Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only.
    • Insofar as is permitted by law, We offer no assurance, promise, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies.  For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
    • We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, offer no assurance, promise, or guarantee (whether express or implied) that the Content is complete, accurate, or up-to-date.  Please note that this exception does not apply to information concerning goods for sale through Our Site.  Please refer to Our Terms of Sale for more information https://buysmallpress.com/policies/.
    • We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.
  2. Our Liability
    • The provisions of this Clause 10 apply only to the use of Our Site and not to the sale of goods, which is governed separately by Our Terms of Sale https://buysmallpress.com/policies/
    • To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.
    • To the fullest extent permissible by law, We exclude all assurances, promises, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
    • If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
    • We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. However, subject to sub-Clause 10.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
    • We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
    • Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
  3. Viruses, Malware and Security
    • We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
    • You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
    • You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
    • You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
    • You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
    • By breaching the provisions of sub-Clauses 11.3 to 11.5, you may be committing a criminal offence under the Computer Misuse Act 1990. If you do then your breach will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.
  4. Acceptable Usage Policy
    • You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 12. Specifically:
      • you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
      • you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
      • you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
      • you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
    • When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate (other than in the context of a Publication which the publisher is making available for sale under appropriate age restrictions) or otherwise do anything that:
      • is sexually explicit;
      • is obscene, deliberately offensive, hateful or otherwise inflammatory;
      • promotes violence;
      • promotes or assists in any form of unlawful activity;
      • discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
      • is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
      • is calculated or is otherwise likely to deceive;
      • is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
      • misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 12.2);
      • implies any form of affiliation with Us where none exists;
      • infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
      • is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
    • Where, in the context of a Publication which the publisher is making available for sale any part of clause 12.2 would otherwise be infringed, We reserve the right to impose what We, in our sole discretion believe to be appropriate age, or any other restrictions to the availability of the Publication for sale or viewing on Our Site.
    • Where, in the context of a Publication which the publisher is making available for sale any part of clause 12.2 would otherwise be infringed, We reserve the right to identify the Publication as containing content which is inappropriate for a certain readership or age group.
    • We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 12 or any of the other provisions of these Terms of Use. Specifically, We may take one or more of the following actions:
      • suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
      • remove any User Content submitted by you that violates this Acceptable Usage Policy;
      • issue you with a written warning;
      • take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
      • take further legal action against you as appropriate;
      • disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
      • any other actions which We deem reasonably appropriate (and lawful).
    • We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.
  5. Privacy and Cookies

Use of Our Site is also governed by Our Cookie and Privacy Policies, available from https://buysmallpress.com/policies/ .These policies are incorporated into these Terms of Use by this reference.

  1. Changes to these Terms of Use
    • We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.
    • In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
  2. Contacting Us

To contact Us, please email Us at contact@buysmallpress.com or using any of the methods provided on Our contact page at https://buysmallpress.com/contact

  1. Communications from Us
    • If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Terms of Sale, and changes to your Account, but not marketing information.
    • We will never send you marketing emails of any kind unless and until
      • you have bought a Publication from Our Site, or
      • we have your express consent to do so.

If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  If you opt out of receiving emails from us at any time, it may take up to 30 business days for Us to comply with your request.  During that time, you may continue to receive emails from Us.

  • Email marketing options can also be changed via contact@buysmallpress.com
  • For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at contact@buysmallpress.com or via https://buysmallpress.com/contact
  1. Data Protection
    • All personal information that We may use will be collected, processed, and held in accordance with the provisions of Data Protection Laws applicable to the United Kingdom from time to time. At the time of publication of these Terms and Conditions these include the Data Protection Act 2018 and EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
    • For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy https://buysmallpress.com/policies/ and Cookie Policy https://buysmallpress.com/policies/.
  2. Law and Jurisdiction
    • These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of
    • If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
    • If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
    • If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England.

 

 

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