Type & Forme Terms & Conditions of Sale (Distance & Off-Premise Sales)
These terms and conditions provide you with information about us and the terms of agreement (other than price) between you as customer and us as seller, in relation to the sale and purchase of items identified in the invoice. These terms and conditions apply to sales through our online platforms (such as AbeBooks or our website) or telephone orders.
It is important that you read and understand these terms and conditions before purchasing any items from us. Please note that by purchasing any items from us you agree to be bound by the terms and conditions set out below.
- ABOUT US
1.1 Type & Forme’s main trading address is Office No 1, Grantham Museum, St Peter’s Hill, Grantham, Lincolnshire, NG31 6PY. We can be contacted via phone or email as detailed in Appendix A below.
1.2 If We are required to contact you We will do so by telephone or by writing to you at the email or postal address provided by You when placing an order.
2.1 In these Terms and Conditions,
‘Authentic’ means a genuine example, rather than a copy or forgery of the work of a particular author, artist or manufacturer, a work created in a particular period or of a particular origin of source, if described in the physical description as such.
‘Business Day’ means a day (other than a Saturday, Sunday or public holiday) when the banks in London are open for business.
‘Conditions’ means the contract for the sale and purchase of the Items to which these Conditions apply.
‘Contract’ means the contract for the sale and purchase of the Items to which these Conditions apply.
‘Force Majeure Event’ means any event beyond the Our reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including Your failure to be present to accept delivery of the Items at the agreed time and place for delivery, Our inability, despite their reasonable endeavours, to contact You to agree a time for delivery, strikes, lock-outs, or other industrial disputes (whether involving their own workforce or a third party’s), failure of transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
‘Items’ means the antiquarian book(s) and/or manuscript(s) and/or other antique(s) which the We are to supply in accordance with these Conditions.
‘Purchase Price’ means the price of the Items together with any applicable Value Added Tax, Transport Costs and export fees.
‘Transport Costs’ means charges for transport and packing.
‘We’ means the seller, i.e. Type & Forme or each of its Partners.
‘Writing’ includes physical documentation, facsimile transmission, email or SMS.
‘You’ means the customer, i.e. the person who accepts a quotation from Us for the sale of the Items or whose order for the Items is accepted by us.
2.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
2.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
- BASIS OF THE SALE
3.1 These Conditions shall apply to the Contract and govern the Contract to the exclusion of any other terms and conditions which You may purport to apply under any purchase order, confirmation of order or similar document.
3.2 All orders for Items shall be deemed to be an offer by You to purchase Items pursuant to these Conditions.
3.3 No variation to these Conditions shall be binding unless agreed in Writing by Us.
3.4 Our employees or agents are not authorised to make any representations concerning the Items unless confirmed by Us in Writing. In entering into the Contract You acknowledge that You do not rely on, and waive any claim for breach of, any such representations which are not so confirmed. In respect of such written representations please see clause 12 below.
3.5 Any typographical, clerical or other error or omission in any quotation, price list, acceptance of offer, invoice or other document or information issued by Us shall be subject to correction without any liability on Our part.
3.6 The Contract is formed when You accept Our quotation for the Items or Weaccept Your order of the Items.
4.1 No order submitted by You shall be deemed to be accepted by Us unless and until confirmed in Writing by Us or Our authorized representative.
4.2 No order which has been accepted by Us may be cancelled by You other than in accordance with clause 11.
- AVAILABILITY, AUTHENTICITY, DESCRIPTIONS AND IMAGES OF ITEMS
5.1 We are an Associate Member of the ABA (Antiquarian Booksellers’ Association) and bound by the ABA Code of practice in all dealings with books, customers and related transactions (see http://www.aba.org.uk for details).
5.2 You will buy all Items on the basis of descriptions provided on Our website, in Our catalogues, or otherwise provided by Us to You. The price and availability of Items is subject to change without notice and all Items are offered subject to prior sale. Dimensions are given height by width of the book block for books, and platemark or, if this is not possible, of the printed image for maps and prints.
5.3 We guarantee that all Items are complete, and can be assumed to be in good condition unless otherwise stated in their descriptions. If an Item is found to be incomplete or defective in text or illustration, and is not described as such in Our physical description, We will refund your purchase price, subject to the following terms: this warranty does not apply to the absence of blanks, half-titles, tissue guards or advertisements and to Items described in the catalogue as sold not subject to return. To make a claim under this paragraph You must give written details and, where applicable, images of the defect and return the Item to our premises in the same condition as at the time of sale within 2 years of the sale. You must return the object to Us at Your own cost and in the condition that the object was in at the time of sale. The benefit of this warranty is only available to the original buyer shown on the invoice for the Item issued at the time of the Contract, and only if on the date of the notice of the claim the original buyer is the full owner of the Item and the Item is free from any claim, interest or restriction by anyone else. The benefit of this warranty may not be transferred to anyone else.
5.4 We warrant, subject to the terms below, that the objects We sell are Authentic. Any representation or statement by Us as to the authenticity, attribution, origin, medium, date, age, genuineness, provenance, title or condition is based on the generally accepted opinion of scholars and experts current at or about the time of sale. If, within 5 years of the date of Our description, You notify Us in Writing that the object is not Authentic as described Our physical description at the time of the sale (unless qualified otherwise there), We will refund the purchase price originally paid by You. Our authenticity warranty does not apply where scholarship has developed since the date of sale leading to a change in the generally accepted opinion of experts at the time of sale or drew attention to any conflict of opinion. The authenticity warranty does not apply if the object can only shown not to be authentic by a scientific process which, on the date the Seller published the catalogue, was not available or generally accepted for use, or which was unreasonably expensive or impractical, or which was likely to have damaged the object.
To make a claim under this paragraph You must give Us written notice of your claim within 5 years of the sale. We may require You to provide the written opinions of two recognised experts in the field of the Item mutually agreed by You and Us in advance confirming that the Item is not Authentic. If We have any doubts, We reserve the right to obtain additional opinions at our expense. If a return is mutually agreed, You must return the Item to Our premises in the same condition as at the time of sale at Your own cost. The benefit of this warranty is only available to the original buyer shown on the invoice for the Item issued at the time of the Contract, and only if on the date of the notice of the claim the original buyer is the full owner of the Item and the Item is free from any claim, interest or restriction by anyone else. The benefit of this warranty may not be transferred to anyone else.
5.5 The Images of the Items on our site and in our publications are for illustrative purposes only. Items may vary slightly from images of them provided by Us. Although We have made reasonable efforts to display the colours accurately, We cannot guarantee that a device’s display of the colours accurately reflects the colour of the Items.
- PRICE OF ITEMS AND TERMS OF PAYMENT
6.1 The price of the Items shall be the price agreed between You and Us as set out in the invoice.
6.2 Except as otherwise stated under the terms of any quotation or in any of Our price lists, all prices given by Us are on the basis of delivery to You on Our premises and, where We agree to deliver the Items in any other way, You will be liable to pay the Transport Costs. For export sales see also clause 14 below.
6.3 You must pay Us the full Purchase Price for the Items, excluding any deposit or advance that You may have paid, within 30 days after the invoice date, unless stated otherwise on the invoice. If We agree with You that the sale is dependent on the issue of an export licence, payment must be made, in the same way, within 7 days after the issue of the export licence. If payment by cheque is accepted that acceptance is conditional upon payment in full on first presentation. In all cases, payment has not been made until We have received cleared funds representing the full amount. The time of payment shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
6.4 If You fail to make full payment of the Purchase Price in full within the specified period, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled:
6.4.1 to rescind the Contract, repossess the Items, claim damages for any loss we have suffered or suspend any further deliveries to You; or
6.4.2 where We decide not to exercise Our right under 6.4.1 to appropriate any payment made by You to the Items (or the Items supplied under any other contract between You and Us) as We deem fit; and
6.4.3 to charge You interest (both before and after any judgment) on the amount unpaid, at the rate of five per cent per annum above Barclays Bank Plc’s base rate from the date when your payment was due, until payment is made in full (a part of the month being treated as a full month for the purpose of calculating interest).
6.5 We shall also have the right to repossess the Items and cancel the sale if before You make full payment of the Purchase Price to Us, proceedings occur in the UK or elsewhere involving Your solvency (including but not limited to the presentation of a bankruptcy petition or winding-up petition; or the convening of a meeting to wind you up voluntarily; or an application for an interim order for a voluntary arrangement, or for the appointment of an administrator; or the appointment of an administrative or other receiver).
You are not entitled to set-off against any sums payable to Us in respect of the Items any monies allegedly or actually owing by Us to You. The Purchase Price payable is payable in full in all circumstances.
- COMMISSION PAYABLE BY US TO THIRD PARTIES
If You have authorised, or reasonably appear to Us to have authorised, any third party to negotiate the purchase of Items with Us, We may pay to that third party a reasonable commission in accordance with normal business practice. Details will be provided on request.
- COLLECTION AND DELIVERY
9.1 You must collect the Items from Our premises, at any time after We have given notice in Writing to You that the Items are ready for collection, at an agreed time and date, unless it is agreed in Writing that:
9.1.1 You should collect the Items elsewhere; in this case, We will deliver the Items to that place within 30 days after the day on which the order was accepted unless otherwise agreed by the parties;
9.1.2 We should deliver the Items to you; or
9.1.3 You should make Your own arrangements for someone else to collect the Items for You.
9.2 Time for delivery shall not be of the essence unless You and We have agreed time for delivery will be of the essence. We shall not be liable for any failure or delay in delivering the Items to the extent that such failure or delay is caused by a Force Majeure Event. The Items may be delivered by Us in advance of the quoted delivery date upon giving reasonable notice to You.
9.3 Where the Items are to be delivered in instalments, any failure by Us to deliver any one or more of the instalments in accordance with these Conditions or any claim by You in respect of any one or more instalments shall not entitle You to treat the Contract as a whole as repudiated.
9.4 If You fail to take delivery of the Items or fail to give Us adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond Your reasonable control or by reason of Our fault) then, without prejudice to any other right or remedy available to Us, We may:
9.4.1 store the Items until actual delivery and charge You for the reasonable costs of storage; or
9.4.2 sell the Items at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to You for the excess over the price under the Contract or charge You for any shortfall below the price under the Contract.
9.5 Subject to clause 9.6 below and unless otherwise agreed in Writing, You will be responsible for the Items and the risk of damage or loss will pass to You:
9.5.1 from the time and date agreed for collection; or
9.5.2 at the time of delivery; or
9.5.3 in the case of Items delivered by a carrier of Your choosing, and that carrier was not offered by Us, at the time that the Items are passed to the carrier of Your choosing.
You must therefore make appropriate arrangements to insure the Items from the time agreed for collection or during transit.
9.6 If however We permit You to take delivery of the Items without your agreement to purchase the Items, for example on approval, We will continue to be responsible for insuring the Items.
- RISK AND TITLE
10.1 Full legal title to the Items shall not pass to You until We have received payment of the Purchase Price in full, in cash or cleared funds.
10.2 Where We have exercised Our right under clause 6.4.2 to appropriate any payment made by You to such of the Items (or the items supplied under any other contract between You and Us) as We deem fit, title in the Items shall not pass to You until We have received payment of the Purchase Price in full, in cash or cleared funds, for the Items. For the avoidance of doubt, where the Items under the Contract comprise several items, title in each such item shall not pass to You until We have received payment of the full Purchase Price for the Items, in cash or cleared funds.
10.3 Until such time as the title in the Items passes to You, subject to agreed payment terms, We shall be entitled to rescind the Contract, repossess the Items and claim damages for any loss We have suffered; or suspend any further deliveries to You.
10.4 If You have possession of the Items before We have received payment of the Purchase Price in full, in cash or cleared funds, You must:
10.4.1 keep possession of the Items, not sell the Items or hand the Items over to any other person or dispose of any interest in the Items;
10.4.2 in the case of Items consisting of more than one item, keep those items together;
10.4.3 keep any identifying marks showing that We own the Items clearly displayed;
10.4.4 store the Items on your premises, insured for no less than the Purchase Price and at no cost to Us, separately from other property;
10.4.5 at Our request, and after We have given you reasonable notice, allow Us or a third party acting on Our behalf to have access to the Items in order to inspect the Items;
10.4.6 preserve the Items in the same state as it was on delivery; and
10.4.7 not carry out any work to the Items and not carry out works of restoration on repair on the Items.
10.5 Where We notify you of the exercise of Our right to repossession, You will within seven days of such notice, return the Items to Our premises at Your cost and risk or tell us where the Items are kept and allow us to enter the premises where the Items are (separately) kept and take the Items away at Your cost (it being understood that where the Items consists of more than one item, our rights of repossession extend to all such Items).
- CUSTOMER’S RIGHT TO CANCEL THE CONTRACT AND RETURN OF THE ITEMS
11.1 You have the right to cancel the Contract in accordance with this Clause 11 and forms A and B, which can be requested by email or downloaded from our website.
11.2 You shall have a period of 14 days after the date on which You (or a person nominated by You) receive the Items to cancel the Contract, unless:
11.2.1 the Items are part of a Contract under which You order several items in one order but the items are delivered on different days, in which case You shall have a period of 14 days after the date on which You (or a person nominated by You) receive the last of the items comprising the order;
11.2.2 the Items are part of a Contract under which You order Items comprising multiple pieces which are delivered on different days, in which case You shall have a period of 14 days after the date on which You (or a person nominated by You) receive the last of the pieces; or
11.2.3 the Items are part of a Contract for the regular delivery of Items, during a defined period of more than one day, in which case You shall have a period of 14 days after the date on which You (or a person nominated by You) receive the first of the Items.
11.3 In the event that You are entitled to cancel the Contract pursuant to Clause 11.1, in accordance with form A, You shall notify Us in Writing using Our details as set out in form A. You may notify Us by completing and submitting form B or by contacting Us by post or email and providing Your name, home address, details of the order and, where available, phone number and email address.
11.4 Subject to clause 11.5, in the event that You cancel the Contract after the Items have been dispatched to You You shall return the Items to Our premises where they were purchased (unless otherwise specified by Us) in a method to be agreed by the Parties or, where such an agreement cannot be reached, in the method requested by Us.
11.5 Clause 11.4 shall not apply and We shall be required to collect the Items from You if:
11.5.1 We have offered to collect the Items; or
11.5.2 the Items were delivered to Your home when the Contract was entered into and the Items could not, by their nature, normally be returned by post.
11.6 When exercising Your right to cancel the Contract if You are required to return the Items pursuant to clause 11.4, or it has been agreed that You will return the Items, You must return the Items within 14 days of notifying Us that You wish to end the Contract.
11.7 You shall (unless We agree otherwise in Writing) pay the costs of the return of the Items when You are cancelling the Contract pursuant to clause 11.1.
11.8 Other than the circumstances set out at clause 11.7 We shall pay the costs of return of the Items if:
11.8.1 the Items are faulty or misdescribed; or
11.8.2 You are cancelling the Contract because We have advised You of a forthcoming change to the Conditions, there has been an error in pricing or description, or there has been a delay in delivery due to events outside Our control.
11.9 If You are responsible for the costs of return and We are collecting the Items, We may charge You the direct cost to Us for the collection of the Items.
11.10 Where You are entitled to a refund of all or part of the Purchase Price We shall refund the Purchase Price to You by the method used for payment.
11.11 If You are exercising Your right to cancel the Contract:
11.11.1 We shall be entitled to reduce the refund of the Purchase Price to reflect any reduction in the value of the Items if this has been caused by Your handling of the Items in a way which would not be permitted in Our retail premises. If We refund the Purchase Price prior to Us being able to inspect the Items and it is later discovered that You have handled the Items in an unacceptable way, You shall pay Us an appropriate amount.
11.11.2 the maximum refund in relation to Transport Costs will be delivery by the least expensive delivery method We offer.
11.12 We are under a legal duty to supply Items to the You that are in conformity with the Contract. Further details can be obtained from Your local Citizen’s Advice Bureau.
12 WARRANTIES AND LIABILITIES
12.1 Where the Items are sold pursuant to an agreement to which the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply Your statutory rights are not affected by these Conditions.
12.2 Items are sold with all faults and imperfections and You should satisfy Yourself by inspection as to their condition or otherwise and rely on Your own judgment. Items are not warranted fit for any particular purpose unless You make clear the purpose for which the Items are intended and We sell the Items to You on that basis and with knowledge of the intended purpose. You should satisfy Yourself as to the suitability of the Items for any intended purpose. We will not be responsible for any subsequent deterioration of the Items, howsoever occasioned, after the Contract has been entered.
12.3 Except in respect of death or personal injury caused by Our negligence, We shall not be liable to You by reason of any representation or any implied warranty, condition or other term or any duty at common law or under the express terms of the Contract, for any consequential loss or damage (whether for loss or profit or otherwise howsoever), costs, expenses or other claims for consequential compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Items or their use or resale by You, except as expressly provided in these Conditions.
We will have the right, but not the obligation, to rescind a sale without notice to You, where an adverse claim is made by a third party, including but not limited to, someone claiming ownership of the Items. Upon notice of Our election to rescind the sale, You will promptly return the Items to us. We will then refund the Purchase Price. The refund of the Purchase Price will constitute Your sole remedy and recourse against Us with respect to such claims.
14.1 Where the Items are to be exported from the United Kingdom, the provisions of this Clause 14 shall (subject to any special terms agreed in Writing between You and Us) apply notwithstanding any other provision of these Conditions.
14.2 We will normally make appropriate arrangements for export and shipment and may make a reasonable additional charge for doing so.
14.3 If, contrary to Our normal practice, We allow You to make arrangements for export of the Items, You shall be responsible for complying with all legislation and regulations governing the export from the United Kingdom or the importation into the country of destination of the Items, including obtaining any necessary export licence or permit and for the payment of any duties thereon. You must comply with all requirements of HM Revenue and Customs, the export licensing authorities and any other relevant official bodies and:
14.3.1 provide Us with all relevant documents showing proof of export no later than seven days prior to the proposed date of shipment; and
14.3.2 reimburse to Us any sum claimed if HM Revenue and Customs or any other official body makes any claim against Us for value added tax, sales tax, use tax or any other expense or penalties resulting from your failure to comply with the relevant requirements for export and import.
14.4 Where You have indicated that the Items are intended for export, You will be charged for all value added tax due (if any) if the Goods are not subsequently exported in accordance with the rules and requirements of HM Revenue and Customs. Any and all costs of obtaining the licence will be Your responsibility.
14.5 In any event You will be responsible for paying any taxes including but not limited to import tax, duty, merchandise, sales or user tax that have to be paid in the country of destination whether on shipment or on import or at any other time.
14.6 If, because of the intention to export the Items, the supply of the Items is zero rated or not subject to value added tax You shall take all necessary steps to export the Items within the time limits and in accordance with the requirements of HM Revenue and Customs and shall notify HM Revenue and Customs of the export. You shall indemnify Us against any claims made against Us for value added tax or other expenses or penalties charged by HM Revenue and Customs because of Your failure to observe the above requirements.
14.7 Unless otherwise agreed in Writing by Us the sale of the Items shall not be conditional on obtaining an export licence. Failure or delay in obtaining a licence will not constitute a basis to cancel a purchase or delay payment for the Items or any costs incurred in obtaining a licence. Obtaining any licence shall Your responsibility.
The copyright subsisting in all images and other materials produced for the sale of the Items is owned by us, and any such images or other materials shall not be used by You without obtaining Our prior consent in Writing, and We will have the right to use any such images in our own discretion after the sale of the Items. During the period in which the Items are protected by copyright, the copyright remains with its author (or any person to whom that right has been assigned). You are purchasing the Items, but not the right to produce copies of the Items (including photographs thereof) for publication. If such rights are sought, you should contact the copyright owner.
16.1 Any notice given under or in connection with these Conditions shall be in Writing and shall be:
16.1.1 delivered by pre-paid first-class post or other next working day delivery service to the recipient’s address as agreed; or
16.1.2 sent by email to the address as agreed.
16.2 Any notice shall be deemed to have been received:
16.2.1 if sent by pre-paid first-class post or other next working day delivery service, at 9:00 am on the second Business Day after posting or at the time recorded by the delivery service; or
16.2.2 if sent by email at 9:00 am on the next Business Day after transmission.
16.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
17.1 No waiver by Us of any breach of the Contract by You shall be considered as a waiver of any subsequent breach of the same or any other provision.
17.2 The Contract and any interest therein shall not be assignable by You.
17.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
17.4 The Contract shall be governed by the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.
APPENDIX A: Contact Details
Type & Forme email@example.com
Mark James at Type & Forme firstname.lastname@example.org . 07933 597 798
Anke Timmermann at Type & Formeanke@typeandforme.com . 07513 104 628