Terms and conditions of sale
1. These terms and conditions govern all transactions between us (BigDrum Publishing) and any sale of goods by us to you. Please read them carefully. When you place an order to purchase goods from our site and your payment details have been approved, you will receive at the e-mail address you provide in your order, an automated email from PayPal confirming the acceptance of your order. Our acceptance of your order brings into existence a legally binding contract between us. These terms and conditions, together with the prices displayed on our web site, delivery details, contact details and any document expressly referred to in these terms and conditions, set out the whole of our agreement relating to the sale of goods by us to you. These terms and conditions do not affect your statutory rights.
2. Description and availability: All images, descriptive material, specifications and advertising on our web site are for the sole purpose of giving an approximate description of the goods in order to assist your purchasing decision. All goods advertised are strictly subject to availability.
3. Prices and cancellation by us: The price payable for goods will be stipulated on our web site at the time you place your order. We are not VAT registered and the price you see is the price you pay. Any delivery charges stated are extra. We reserve the right to cancel your Contract if:
- we have insufficient stock to deliver the goods you have ordered; or
- we cannot deliver to your area; or
- one or more of the goods you ordered was listed at an incorrect price due to a typographical error; or
- your payment is not authorised or is refused.
If we do cancel your order, we will notify you by e-mail and we will re-credit to your account any sum debited by us from your credit card within 30 days of your order. We are not obliged to offer any additional compensation for disappointment suffered.
4. Refunds and cancellations: There is no refund given on any eBook orders. Once you have ordered an eBook and your payment has been accepted and you have received your goods, no cancellation by you can be made. This is due to the electronic format of these products.
You may return printed books ordered within 14 days of receipt for refund IF the item has NOT been opened. Items must be returned in their original packaging as sent from us. Any returns are at the expense and risk of the purchaser. Refunds will only be made once these items are received. Once received any sum debited by us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you.
5. Delivery of goods to you: We will deliver the goods ordered by you to the address provided by you at the time you make your order. We will try to deliver your goods within 28 days but delay in delivery is sometimes outside of our control. Any dates we give you for delivery are approximate only and we shall not be liable for any losses, costs, damages, charges, or expenses caused by any delay in delivering the goods to you. You will become the owner of the goods you have ordered once they have been delivered to your specified delivery address and your payment has been authorized and cleared by the credit card company. Once the goods have been delivered we no longer have any responsibility for any loss or damage to the goods.
6. Liability: If you do not receive goods ordered by you within 28 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods. If the goods we deliver are not what you ordered, or are damaged or defective, or the delivery is of an incorrect quantity, our only obligation will be:
- to make good any shortage; or
- to replace or repair any goods that are damaged or defective; or
- to refund to you the amount paid by you for the goods in question.
To the extent permitted by law, we shall not be liable to you for any indirect or consequential loss or damage. Our maximum liability to you arising from any product you purchase from us shall be the price you paid for the product. We shall have no liability to you for any direct or consequential loss that is caused by any event or circumstance beyond our reasonable control, which shall include, but not be limited to, acts of God, civil commotion, riots, flood, drought, fire, and legislation.
7. General: You acknowledge and agree to be bound by the terms of our privacy policy. Failure by us to enforce any of these terms and conditions will not affect our right to enforce any of the remaining terms and conditions. If any of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any of the remaining terms and conditions shall not be affected. The contract between us shall be governed by, and interpreted in accordance with, the laws of South Africa shall have exclusive jurisdiction to resolve any disputes between us. These terms and conditions are subject to change at any time without prior notice to you.
Terms and conditions of publishing contracts
When we (BigDrum Publishing) agree to accept you as an author and act as publishers on your behalf, you will be presented with a legally binding contract which you are advised to seek legal advice on before accepting the contents thereof. This contract will be furnished when an offer is made to you by us. |
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