Whole Story Audio Books

1. Definitions

Whole Story Audio Books is a trading name of W. F. Howes Ltd., (the Seller).

Seller means W. F. Howes Ltd. and/or affiliated companies.

Customer means the person or company who contracts for the services of the Seller.

Contract means the goods or services purchased by the customer from the Seller.

Consignment means the goods or services.

Consignee means the person or customer address that the customer requests delivery to as part of the Contract.

2. General

1. All quotations are given and all orders are accepted on these terms which supersede any other terms appearing in the Seller's catalogue or website and shall override and exclude any other terms stipulated or referred to by the Customer, whether in the order or any negotiations and any course of dealing established between the Seller and the Customer. All orders hereafter made by the Customer shall be deemed to be made subject to these terms.
2. The Customer acknowledges that there are no representations outside these terms which have induced him/her to enter this Contract.
3. No modification of these terms shall be effective unless made by an express written agreement between the parties. The signing by the Seller of any of the Customers' documentation shall not imply any modification of these terms.

3. Quotations

Quotations are subject to withdrawal at any time before the receipt of an unqualified order from the Customer and shall be deemed to be withdrawn unless so accepted within 30 days from their date unless otherwise stated. All quotations include VAT.

4. VAT

The Seller must charge the correct amount of any Value Added Tax to the Customer.

5. The Goods

All descriptions and illustrations contained in the Sellers catalogue or website, price lists and advertisements communicated to the Customer are intended to present a general idea of the goods described therein, and nothing contained in any of them shall form any part of the Contract.

6. Price

The Seller reserves the right to increase the price of the Consignment before delivery to that ruling at the date of dispatch.

7. Delivery, Ownership and Risk

1. The Seller will use all reasonable endeavours to meet delivery dates but such delivery dates are estimates only and the time of delivery shall not be essence to the contract. Under no circumstances shall the Seller be liable to compensate the Customer in damages or otherwise for non-delivery or late delivery of the Consignment for whatever reason or for any loss consequential or otherwise arising there from.
2. Should the Seller be prevented from or hindered in delivering the Consignment or any part thereof by reason of war, riot, explosion, fire, flood, strike, lock out, shortage of materials or labour or any cause beyond the Seller's control, the time for delivery shall be extended until the operation of the cause preventing or hindering delivery has ceased.
3. Should the Seller be prevented from delivering part of the goods by reason of any of the causes specified in the preceding sub–clause, the Seller shall deliver and the Customer shall take and pay for such part of the Consignment as the Seller shall be able to deliver in accordance with the Contract.
4. The Seller shall be entitled to deliver the Consignment in one or more deliveries unless otherwise expressly agreed.
5. Delivery shall be deemed to take place when the Consignment is dispatched from the Seller's premises, unless the Seller has specifically agreed to be responsible for the carriage of the Consignment to the Consignee or FOB point, when delivery shall be deemed to take place on receipt of the Consignment by the Customer.
6. The Seller shall not be liable for any loss of any kind to the Customer arising from any damage to the Consignment occurring after the risk has passed to the Customer however caused, nor shall any liability of the customer to the Seller be diminished or extinguished by reason of such loss.
7. Responsibility for Insurance passes to the Customer when the Consignment is delivered or invoiced. Ownership remains with the Seller until payment is received in full.
8. If exceptionally fast delivery service is requested this will also be charged as an extra covering any overtime or additional costs.
9. All goods are for personal use only and not for resale in a retail capacity.

8. Payment

All payments are in Sterling to the office of the Seller.

9. Claims

Advice of damage, delay or partial loss of Consignment in transit or non delivery must be given in writing to the Seller within 10 clear days of delivery or in the event of non delivery within 28 days of dispatch.

Any claim in respect of these must be made within seven clear days of delivery or 42 days from dispatch in the event of non delivery. The Seller shall not be liable in respect of any claim unless these requirements have been met except in any particular case where the customer proves that:

1. It was not reasonably possible to comply, or...
2. Advice was given by the Seller and the claim made as soon as reasonably possible.

10. Liability

The Seller shall not be liable for any financial loss, whether indirect, special, consequential or third party, caused by delay in completing the work or by delay in transit.

If the Seller admits to any financial liability to the Customer it is limited to rectification by the Seller of the defect or the refund of the appropriate part of any payment which the Customer has already made (less any amount which the Seller is entitled to claim from the Customer). The Seller does not accept further liability for any loss or damage suffered by the Customer. This does not exclude liability under Part 1 of the Consumer Protection Act 1987 or for death or personal injury.

11. Non Payment

If the Customer stops paying or is unable to pay his/her debts for any reason, the Seller, without prejudice to other remedies, will:

1. Have the right not to proceed with any further work in progress for the Customer and be entitled to charge for all work already carried out and materials purchased for the Customer. This charge would be due for immediate payment.
2. Have a general lien on all goods and properties of the Customer in his possession in respect of all unpaid debts due from the Customer and have the right 14 days after giving the Customer notice in writing to dispose of such goods or properties in anyway he thinks fit and to apply the proceeds towards payment of the debts.

12. Inspection of Goods

The Customer shall inspect the goods immediately upon receipt thereof.

The Customer shall, within 7 days from receipt, give notice to the Seller that the goods are not in accordance with the contract. Failure to give such notice means that goods will be deemed to be in accordance with all aspects of the Contract.

13. Website

1. The Customer may only use this website, the Service and the Consignment for their own personal use and not for any business-related purposes.
2. The Customer may not allow others to sell, transfer, sublicense, distribute, publicly perform, frame or create derivative works from this website, the Service, the Consignment or any part thereof.
3. The Customer may not allow others to modify, decompile, reverse engineer, decrypt, circumvent or otherwise interfere with or alter the website, Service or Consignment.
4. Samples of certain Consignment may be provided to be downloaded by the customer, free of charge, for personal usage only. The Customer must not attempt (or allow others to attempt) to interfere with or to sell, trade or seek commercial gain from these samples.
5. The trademarks, service marks, graphics and logos used in connection with this website and/or the Service are trademarks or registered trademarks of the Seller or its licensors. The Customer is granted no right or license with respect to any such trademarks or service marks and any unauthorised use is strictly prohibited.
6. The Customer shall not breach or attempt to breach the security of this website or the Service. Without limiting the foregoing, The Customer shall not:
   1. Access data or materials not intended for them.
   2. Log into a server or account which Customer is not authorised to access; or
   3. Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation. Breaches of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such breaches and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such breaches. Use of automated data gathering, data mining or data extraction tools is expressly prohibited.
7. The Customer agrees not to use this website in any way that may cause the website or access to the website to be interrupted, damaged or impaired.
8. The website may host reviews, feedback and comments from users. Any electronic communications and/or content you send to this website must be for lawful purposes only. The Customer is responsible for such content, which should not be: malicious, obscene, racist, illegal, abusive, threatening, indecent, defamatory, menacing or designed to offend or to cause annoyance. Such communications must not breach copyright, trade mark, confidence or privacy rights, and must not consist of or include software viruses, political announcements, commercial solicitation or advertising, chain letters, mass mailings or "spam".
9. When dealing with this website the Customer must not use a false email address, impersonate any other person or entity, or mislead the website and its users as to the origin of any electronic communications or content.
10. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
11. The Customer agrees to provide current, complete and accurate information required to process payment and dispatch the Consignment (and at other times as may be required in the course of using this website or the Service). The Customer further agrees to maintain and update information provided as required to keep it current, complete and accurate. If any information provided is false, incomplete or inaccurate, we may terminate the Customer's rights to use this website and the Service. If the information the Customer provides is fraudulent, they may be subject to criminal and/or civil liability. The Customer must agree that we may store and use information provided (including credit card details) for use in maintaining their accounts and billing fees to their credit card.
12. The Customer will be responsible for installing adequate anti-virus software and related security protection to secure their computer systems when using the Service. The seller will not be responsible for any loss suffered as a result of your failure to do so.

14. Indemnity

The Customer shall indemnify the Seller in respect of all damage, injury or loss occurring to any person or property and against all actions, suits, claims, charges or expenses in connection therewith arising from the condition or use of the goods in the event that the damage, injury or loss shall have been occasioned partly or wholly by the negligence of the Customer or its employees or agents.

15. Patents, Trademarks and Copyright

The Consignment is sold subject to the rights of any person, whether in respect of any patent, trademark, registered design, copyright or otherwise howsoever to prevent or restrict the sale or use of the Consignment in any part of the world, and the Customer will in this respect accept such title to the goods as the Seller may have.

16. Law

The Contract shall be governed by and interpreted in accordance with English law and the Customer submits to the jurisdiction of the High Court of Justice in England but the Seller may enforce the Contract in any court of competent jurisdiction.

17. Assignment

The Customer shall not assign any benefit under the contract without the consent in writing of the Seller, which may if given be on such terms as to guarantee or indemnify or otherwise as the Seller thinks fit.

18. Notices

Any notice given under or pursuant to the contract may be sent by hand or by pre-paid post or by registered post or by the recorded delivery service or transmitted by fax or email resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the face hereof or such other address as the party may by notice to the other have substituted thereof shall be deemed validly and effectively given on the day when in the ordinary course of the means of transmission it would be first received by the addresses during normal business hours. In the event of email a copy should be sent via registered post within three working days of the original transmission.

19. Force Majeure

If the enforcement of the Contract or any obligations hereunder except the making of payments hereunder is prevented, restricted or interfered with by reason of fire, flood, earthquake, explosion or other casualty or accident, strikes or labour disputes inability to procure or obtain delivery of parts, supplies of power, war or other violence any law, order, proclamation, regulation, ordinance, demand or requirement of any governmental agency, or any other act or condition whatsoever beyond the reasonable control of the affected party, the party so affected, upon giving prompt notice to the other party, shall be excused from such performance to the extent of such prevention, restriction or interference; provided however that the party so affected shall take all reasonable steps to avoid or remove such cause of non–performance and shall resume performance hereunder with dispatch whenever such causes are removed.

20. Severability

Each provision of these terms and conditions of trading is severable and distinct from the others. If any provision is or becomes to any extent invalid, illegal or unenforceable, the other provisions of these terms and conditions of trading shall be unaffected and will continue in full force and effect.