Terms of Sale
To order any product, you must complete the order form on the Site and make payment of the applicable price as set out in the listing for the product featured on the Site. When we accept your order by email, a contract of sale (the “Contract”) will be formed between Windich Ltd t/a Silver Sun Books (“we” or “us”) and you on these Terms of Sale.
Please ensure that you have read and understood these Terms of Sale before placing any order on the Site.
Ordering and acceptance
PLACING ORDERS You can place orders for our products through the functions of the Site (firstly selecting and choosing the relevant product through the product listing, and then by “checking out” using the shopping cart). It is your responsibility to ensure that any information you provide in ordering the relevant product is accurate, and that you have checked your order for errors.
ACCEPTANCE OF ORDERS. Our acceptance of your order will take place when we email you to accept it (or, if earlier, when we despatch your order), at which point the Contract will come into existence between you and us. You will be required to make payment through the Site at the same time as placing your order.
NON-ACCEPTANCE OF ORDERS. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product (and will return any payment already received from you). For example, this might be because the product is out of stock, or because we have identified an error in the price or description of the product.
Pricing and payment
PRICING. The prices for our products will be set out on our Site.
PROCESSING PAYMENTS. We will take payment from you at the same time as you place your order. The payment that you make when placing an order is a payment made through our nominated payment processing service provider, PayPal (Europe) S.a.r.l. et Cie, S.C.A. We reserve the right to decline any transaction or our payment processing service provider to reverse any transaction (for example, to prevent money laundering or fraud). If your payment is not received by us for this reason then your order will not be accepted and no Contract will be in place between you and us (and any Contract already formed by acceptance will be automatically terminated).
VAT. Unless otherwise provided in the listing, all prices are inclusive of VAT.
MISTAKES IN PRODUCT PRICING. It may be that despite our best efforts any product featured on the Site may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any product already provided to you.
DELIVERY COSTS. The costs of delivery will be as displayed to you at the time of placing your order. If the total weight of your order exceeds 2kg, it will be sent to you in more than one package and additional delivery costs will apply. We will contact you to confirm those additional costs and take payment for them before accepting your order.
DELIVERY TIME. For signed copies, the time of delivery will depend on when Josie is available to sign your selected book(s). We will despatch the product to you when it is complete.
DELAYS OUTSIDE OUR CONTROL. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
DELIVERY LOCATION. We will deliver the products to the delivery address specified in the relevant order.
WHEN YOU BECOME RESPONSIBLE FOR AND OWN THE PRODUCTS. Each product will be your responsibility from the time we deliver it to the address you gave us. You own any product once you have paid for it in full.
Cancellation and termination by you
LEGAL CANCELLATION RIGHTS AND WHY THEY DON'T APPLY TO MOST OF OUR PRODUCTS. Consumers in the United Kingdom and Europe are generally entitled by regulation to certain cancellation rights in relation to contracts concluded at a distance. However, the regulations provide that no such cancellation rights apply in relation to goods that are made to the consumer’s specifications or which are personalised – which covers signed copies of Josie’s books. You acknowledge and accept that you are not entitled to cancel any order for such products made through the Site once we have started making those products. However, in relation to any non-customised products, you will have the cancellation rights set out in this section.
EUROPEAN CONSUMERS: YOUR STATUTORY CANCELLATION RIGHTS. If you are a consumer located in the UK or any other European country you can change your mind and exercise your right to cancel your order for any personalised products up until we have started making them, and for any non-personalised products at any time up until fourteen (14) days after receipt of the products. If the products are split into several deliveries over different days you have until fourteen (14) days after receipt of the last delivery to change your mind and cancel.
NON-EUROPEAN CONSUMERS: YOUR STATUTORY CANCELLATION RIGHTS. If you are a consumer who is not located in the UK or any other European country, then you are not entitled to cancel any order, whether for personalised or non-personalised products (except to the extent that you have a right to do so under any applicable national laws which cannot lawfully be excluded from the Contract, or except as agreed with us).
TERMINATING THE CONTRACT FOR A GOOD REASON. If you are unsatisfied with any aspect of any product or its delivery, we recommend that you contact us in the first instance to discuss and, hopefully, resolve your concern. If the matter is not resolved, then you may only terminate the Contract for a reason set out below. If you do, the Contract will end immediately and you will be entitled to a refund (see below). The reasons are:
we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
the supply of products will be significantly delayed because of events outside our control (other than as a result of your actions); or
you have a legal right to end the Contract because of something we have done wrong.
HOW TO TELL US YOU ARE CANCELLING OR TERMINATING THE CONTRACT. If you wish to end the Contract with us (whether by cancellation or termination), please let us know by contacting us by email at firstname.lastname@example.org.
Returning products and refunds
RETURNING PRODUCTS AFTER ENDING THE CONTRACT. If you end the Contract for any reason after products have been dispatched to you or you have received them, you must return them to us. We will instruct you to post them back to us and provide our postal address when you notify us that you are ending the Contract. If you are a UK or European consumer exercising your right to change your mind and cancel in relation to non-personalised products, then you must send off the products within fourteen (14) days after telling us you wish to end the Contract.
WHEN WE WILL PAY THE COSTS OF RETURN. We will pay the costs of return:
if the products are faulty or misdescribed; or
if you are ending the Contract because we have told you of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising any legal right to change your mind and cancel) you must pay the costs of return.
HOW WE WILL REFUND YOU. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
DEDUCTIONS FROM REFUNDS ON CANCELLATION. If you are exercising your legal right to cancel your order:
we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and
the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within seven days at one cost but you choose to have the product delivered within one day at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
WHEN YOUR REFUND WILL BE MADE. If you are exercising your legal right to cancel your order or terminating the Contract, your refund will be made within fourteen (14) days from the day on which we receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the products back to us.
Our rights to end the Contract
We may end the Contract for the sale and purchase of a product at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
you do not, within a reasonable time, allow us to deliver the products to you.
If we end the Contract for any of these reasons we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
If there is a problem with the product
HOW TO TELL US ABOUT PROBLEMS. If you have any questions or complaints about the product, please contact us using the contact form provided on the Site or at email@example.com.
YOUR LEGAL RIGHTS. We are under a legal duty to supply products that are in conformity with this Contract. Nothing in these terms will affect your legal rights.
Our responsibility for loss or damage suffered by you
This section explains the ways in which our liability to you is limited and excluded.
WHERE WE DON'T EXCLUDE OUT LIABILITY – We do not limit or exclude our liability for anything for which we cannot lawfully limit or exclude our liability. For example, we do not limit our liability for death or personal injury caused by our negligence, or for fraud. This statement takes priority over the rest of this section and the rest of these Terms of Sale.
NO IMPLIED TERMS – We provide our products on these Terms of Sale. To the fullest extent permitted by law, we expressly exclude any and all conditions, warranties and other terms which might otherwise be implied by statute, under common law, or otherwise.
NO INDIRECT OR CONSEQUENTIAL LOSS – We expressly exclude any liability for any indirect or consequential loss, damage, costs or expenses incurred or suffered by you in connection with your use of our products. We are not liable for losses, damages, costs and expenses that are not foreseeable to both you and us at the time you open your account with us or which are not caused by our breach.
NO LIABILITY FOR CERTAIN KINDS OF LOSS – We expressly exclude any liability for any loss, damage, costs or expenses incurred or suffered by you (in each case whether direct or indirect) if that liability comes within one of the following categories: loss of business, loss of revenue, loss of contract, loss of data, loss of reputation, or loss of profit. We are not liable for business losses.
CAP ON LIABILITY – Our total aggregate liability to you in connection with your use of our products will be limited in all circumstances (whether arising in negligence, including tort, breach of contract or otherwise) to a sum equal to the amount paid by you for those products.
Disputes and Governing Law
The Contract is governed by the law of England and Wales (without limiting any rights you may have as a consumer in your country of residence in relation to any products you may purchase under the Contract, to the extent that those rights cannot lawfully be excluded from the Contract).
If any dispute arises between the parties to the Contract then they will attempt to resolve that dispute through discussion in good faith. If they are unable to resolve the dispute by discussion, then the courts of England and Wales will have exclusion jurisdiction over any claim relating to the Contract or its subject matter.
Other Important Terms
ENTIRE AGREEMENT. The Contract constitutes the entire agreement between the parties in relation to its subject matter. Each party acknowledges that in entering into the Contract it does not rely on any representation or warranty not set out in the Contract.
Variation. The Contract may only be varied by the written agreement of the parties.
ASSIGNMENT. We may transfer our rights and obligations under the Contract to another organisation. We will always tell you in writing if this happens. You may only transfer your rights or your obligations under the Contract to another person if we agree to this in writing.
THIRD PARTY RIGHTS. The Contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to it.
SEVERANCE. Each of the paragraphs of these Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
NO WAIVERS. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.