Terms of Website Use
1. Terms of Website Use
2. Information About Us
- Our sites are operated by JH Haynes & Co Ltd ("we") (trading as Haynes Publishing). We are registered in England and Wales under company number 1449587 and have our registered office and main trading address at Sparkford, Yeovil, Somerset, BA22 7JJ, England. Our VAT number is GB 323 6351 79.
- We are a limited company.
3. Accessing Our Sites
- Access to our sites is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our sites without any advance notice (see below). We will not be liable if for any reason our sites are unavailable at any time or for any period, whether or not such unavailability was within our control.
- From time to time, we may restrict access to some parts of our sites, or our entire site, to users who have registered with us.
- When using our sites, you must comply with the provisions of our acceptable use policy set out in section 4 below.
- You are responsible for making all arrangements necessary for you to have access to our sites. You are also responsible for ensuring that all persons who access our sites through your internet connection are aware of these terms, and that they comply with them.
4. Acceptable Use Policy
- You may use our sites only for lawful purposes. You may not use our sites:
(a) in any way that breaches any applicable local, national or international law or regulation;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) for the purpose of harming or attempting to harm minors in any way;
(e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
(f) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- You also agree:
(b) not to access without authority, interfere with, damage or disrupt any part of our sites, any software used in the provision of our sites; or any equipment or network or software owned or used by any third party.
- We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our sites. When a breach of this policy has occurred, we may take such action as we deem appropriate.
5. Intellectual Property Rights
- We are the owner or the licensee of all intellectual property rights on our sites, and in the material published on it, including but not limited to the text, content, software, video, music, sound, graphics, images, photographs, illustrations, artwork, names, logos, trade marks, trade names, designs and other materials. Those works are protected by copyright laws and all such rights are reserved.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors and/or owners of material on our sites must always be acknowledged.
- You must not infringe any of the intellectual property rights on our sites or use any part of the materials on our sites for commercial purposes without obtaining a licence or permission to do so in writing from us or our licensors.
- You must not use any of our trade marks or trade names without our consent and you acknowledge that you have no ownership or other rights in and to any of the names or marks.
6. Reliance on Information Posted
- Commentary and other materials posted on our sites are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our sites, or by anyone who may be informed of any of its contents.
7. Our Sites Changes Regularly
8. Our Liability
- The material and information displayed on our sites is provided without any guarantees, conditions or warranties as to its accuracy.
- To the fullest extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
(a) all conditions, warranties and other terms which might otherwise be express or implied by statute, common law or the law of equity; and
(b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our sites or in connection with the use, inability to use, or results of the use of our sites, any websites linked to it and any materials posted on it, including, without limitation any liability for any loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, whether or not foreseeable.
- We further specifically exclude all guarantees, conditions, warranties, responsibilities or liabilities:
(a) to the title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights of our sites;
(b) that our sites will operate uninterrupted or error-free or that defects will be corrected;
(c) that our sites will be compatible with your computer equipment;
(d) that our sites or its server is free of viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful and we are not liable for any damage you may suffer as a result of such destructive features; and
- You agree to indemnify, defend and hold harmless each of us, our employees, representatives and agents from and against any claims, actions, demands or other proceedings brought against any of us, our employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding based on or arise in connection with:
(a) any infringement by you of our intellectually property rights in our website or its content; or
(b) any libellous, malicious or defamatory use of our sites by you.
10. Information About You and Your Visits to Our Sites
11. Transactions Concluded Through Our Sites
- Contracts for the supply of goods or services formed through our sites or as a result of visits made by you are governed by our terms and conditions of supply.
12. Viruses, Hacking and Other Offences
- You must not misuse our sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our sites, the server on which our sites is stored or any server, computer or database connected to our sites. You must not attack our sites via a denial-of-service attack or a distributed denial-of service attack.
- By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our sites will cease immediately.
- We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our sites or to your downloading of any material posted on it, or on any website linked to it.
13. Linking to Our Sites
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link from any website that is not owned by you.
- Our sites must not be framed on any other site, nor may you create a link to any part of our sites other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy in section 4 above.
- If you wish to make any use of material on our sites other than that set out above, please address your request to email@example.com.
14. Links from Our Sites
- Where our sites contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
15. Jurisdiction and Applicable Law
- The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our sites although we retain the right to bring proceedings for any breach of these conditions in any other relevant country.
- Our sites are not directed at any person in any jurisdiction where for any reason the publication, access or availability of our sites is prohibited. Those in respect of whom such prohibitions apply must not access our sites. We do not represent that either our sites or the contents of our sites are appropriate for use or permitted by local laws in all jurisdiction and those who access our sites do so on their own initiative and are responsible for compliance with applicable local laws or regulations.
16. Trade Marks
- "HAYNES" is a registered UK and Community trade mark of Haynes Publishing Group P.L.C.
18. Waiver and Severance
19. Your Concerns
- If you have any concerns about material which appears on our sites, please contact firstname.lastname@example.org.
Thank you for visiting our sites.
Website Terms and Conditions of Supply (for hardcopy manuals & books)
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products ("Products") listed on our website "www.haynes.co.uk" ("our site") to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
By checking the box marked "Please check to confirm that you have read and accepted our Terms & Conditions" or by ordering any Product, you agree to these terms. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
These terms and conditions also include warranty, disclaimers and liability exclusions. If there is anything in these terms, including warranty, disclaimers and liability exclusions, that you disagree with or are not willing to be bound by, or if something is missing from these terms, you can choose not to purchase the Products.
1. Information About Us
- We operate the websites "www.haynes.co.uk" and "www.haynes.com". We are JH Haynes & Co Ltd (trading as Haynes Publishing) a company registered in England and Wales under company number 1449587 and with our registered office and main trading address at Sparkford, Yeovil, Somerset, BA22 7JJ, England. Our VAT number is GB 323 6351 79.
2. Your Status
- By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old.
3. How The Contract is Formed Between You and Us
- Before placing an order, you will be asked if you accept these terms and conditions. We will send you an e-mail ("Order Confirmation") acknowledging that we have received and accepted your order after you confirm your acceptance of these terms and conditions and subject to receipt of the payment due for the Products. The contract between us ("Contract") will only be formed when we send you the Order Confirmation.
- The Contract will relate only to those Products whose order we have confirmed in the Order Confirmation.
4. Your Cancellation Rights
- Subject always to these terms and conditions, as a consumer, you have a statutory right to cancel for any reason and receive a full refund. You will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 8 below). Your statutory right to cancel a Contract starts from the date of the Order Confirmation (when the Contract between us is formed). If the Products have been delivered to you, you may cancel at any time within seven working days, starting from the day after you receive the Products.
- To cancel a Contract, you must inform us in writing. If the Products have been delivered to you, you must also return the Products to us as soon as reasonably practicable, and at your own cost (but see clause 4.3 below). You have a legal obligation to take reasonable care of the Products while they are in your possession.
- If you are returning the Product because of an error on our part of because it is defective, we will refund the delivery charges incurred in sending the item to you and your costs in returning it to us, but will not reimburse any other costs incurred by you for the return of the Product (such as any priority, express or courier delivery charges).
- This provision does not affect your other statutory rights as a consumer.
5. Availability and Delivery
- Your order will be fulfilled and delivered (subject to availability) as set out in the Order Confirmation. Our aim is to deliver the order within a reasonable time period of the date of the Order Confirmation, unless there are exceptional circumstances.
6. Risk and Title
- The Products will be your responsibility from the time of delivery.
- Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7. Price and Payment
- The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
- Prices include VAT where applicable. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
- Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Order Confirmation.
- Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our order procedures. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
- If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
- Payment for all Products must be by credit or debit card. We accept payment with the credit or debit cards listed when you make payment. We will not charge your credit or debit card until we dispatch your order.
8. Our Refunds Policy
- If you return a Product to us, because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 4.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
- Please package the relevant Product securely and send it to us, including the Packing Note that accompanied the Product and stating the Reason for Return. For your protection, we recommend that you use a recorded delivery service and obtain a proof of posting certificate.
- We are unable to accept cancellation of Contracts relating to videos, DVDs, audio, video games and software products where the item has been unsealed.
9. Our Liability to You
- If we fail to comply with these terms and conditions, we are responsible for any loss or damage you suffer that is a foreseeable result of our breach of the terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Contract.
- We only supply the Product for domestic and private use. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity resulting from your use of the Product for any commercial, business or re-sale purposes.
- Some of the Products are available in both print and electronic forms. You acknowledge and accept that for such Products the electronic version may have been updated or amended more recently than the print version.
- We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
- Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.
10. Import Duty
- If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
- Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
11. Intellectual Property
- The content of all the Products is owned by or licensed to us and is protected by English and international intellectual property laws. This includes all text, images, artwork and all other aspects of the Product. We retain all rights to the Products. They may not be copied, reproduced, transmitted, displayed, distributed or re-presented in any form or by any means, whether print, electronic, mechanical, photocopy, recording or otherwise, without prior written consent from us.
12. Written Communications
- Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13. Notices and Communications
- All notices given by you to us must be given to JH Haynes & Co Ltd (trading as Haynes Publishing) at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. Transfer Of Rights and Obligations
- We may transfer our rights and obligations under these terms and conditions to another organisation, but that will not affect your rights or our obligations under this Contract.
- You may only transfer your rights and obligations under this Contract if we agree to this in writing.
15. Events Outside Our Control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government; and
(g) pandemic or epidemic.
- Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
- A waiver by us of any default will not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
- If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
18. Our Contract With You
- If you are contracting as a consumer, we intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract.
19. Our Right to Vary These Terms and Conditions
- We have the right to revise and amend these terms and conditions from time to time.
- You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. Law and Jurisdiction
- Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
21. Third Party Rights
- A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
Version dated: 17 May 2012
JH Haynes & Co Ltd © 2012
Please download a PDF version of our Terms and Conditions of Supply for your reference.