Wiley EMEA – Terms and Conditions of Purchase

Version 2

    TERMS AND CONDITIONS OF PURCHASE

     

    These are the terms and conditions (“Terms”) on which John Wiley & Sons Limited (“Wiley”, “we”, “us” or “our”) supply products to you, whether these are goods or digital content. Under these Terms, goods include any book available to purchase on our website (“Goods”) and digital content is data available to purchase in digital form including but not limited to ebooks (“Digital Content”). Collectively, Goods and Digital Content are referred to as “Products”. Please read these Terms carefully before you submit your order to us. We reserve the right to amend these Terms from time to time.

     

    1. INFORMATION AND HOW TO CONTACT US

     

    1.1 John Wiley & Sons Limited is a company registered in England and Wales under company registration number 00641132. Our registered office is at The Atrium, Southern Gate, Chichester, West Sussex, PO19 8SQ.  Our registered VAT number is GB 376 766 987.

     

    1.2 You can contact us by telephoning our customer service team on  +44(0)1243 843291, or by writing to us at Email: cs-books@wiley.com or Wiley, European Distribution Centre, New Era Estate, Oldlands Way, Bognor Regis, West Sussex, PO22 9NQ, UK.

     

    1.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. The words “writing” or “written in these terms shall include emails.

     

    2. OUR PRODUCTS

     

    2.1 The images of the Products on our website are for illustrative purposes only. Your Product may vary slightly from those images.

     

    2.2 All Products are subject to availability.

     

    3. MAKING AN ORDER

     

    3.1 By submitting an order, you agree to make an offer for the Products set out in the order in accordance with the price on our website.

     

    3.2 It is your responsibility to make sure that the order is correct before making payment and that any information required from you is accurate and complete.

     

    3.3 If you are a consumer, you must be at least 16 years old to place an order from us.

     

    3.4 If you are not a consumer, (e.g. buying on behalf of a business or educational institute) by placing an order, you warrant that you have the necessary authority to bind the entity on whose behalf you are making the order.

     

    3.5 If you are a business customer and wish to make a bulk purchase of our Products please contact our customer services department at: cs-books@wiley.com

     

    3.6 Our acceptance of your order will take place once all required delivery information has been provided to us and upon receipt of payment. Once this has been approved we will email you to accept the order, at which point a contract will come into existence between you and us (“Contract”).

     

    3.7 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

    3.8 For details on ordering, please see: ‘Ordering Information

     

    4. DELIVERY

     

    4.1 The costs of delivery will be as displayed to you on our website. Please see ‘Shipping Costs and delivery Times

     

    4.2 During the order process we will let you know when we will provide the Products to you.

     

    4.3 If the Products are Goods we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.

     

    4.4 If the Product is a one-off purchase of Digital Content we will make the Digital Content available for download by you following our acceptance of  your order.

     

    4.5 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.

     

    4.6 INTERNATIONAL DELIVERY: Shipping costs do not include any duties, taxes, or clearing charges levied by the destination country. These charges are the responsibility of the customer and will vary from country to country. We cannot predetermine what the charges will be. The charges may be billed directly to the customer by the destination's customs’ authority or may be billed to the customer through Wiley. We suggest that you call your local customs office if you would like more information on customs duties in your country.

     

    5. YOUR RIGHTS TO END THE CONTRACT

     

    5.1 Wiley provides a refund policy where you may return Goods you are not satisfied with within 30 days of receipt for a replacement or full refund.  For details, see ‘EMEA: Returns Policy’:  If you are ending the Contract for a reason set out at (a) to (c) below the Contract will end immediately and we will refund you in full for any Products which have not been provided. The reasons are:

     

    (a) we have told you about an upcoming change to the Product which you do not agree to;

     

    (b) 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;

     

    (c) we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days;

     

    5.2 If you are a consumer then for most products bought online, under the Consumer Rights Act 2015, you have certain rights to cancel the Contract:

     

    (a) If the Goods or Digital Content you have purchased are faulty or misdescribed, you are entitled to a refund or replacement as a consumer;

     

    (b) If you have purchased Digital Content, you have 14 days after the day the Contract is formed, or, if earlier, until you start downloading or streaming.  If we delivered the Digital Content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

     

    6. HOW CANCEL THE CONTRACT

     

    6.1 To end the Contract with us, please let us know by phone, email or post, quoting your order number.

     

    6.2 We will pay the costs of return:

     

    (a) if the products are faulty or misdescribed; or

     

    (b) pursuant to clause 5.2, if you are ending the Contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description or a delay in delivery due to events outside our control.

     

    In all other circumstances you must pay the costs of return, as stated in our ‘Returns Policy

     

    7. OUR RIGHTS TO END THE CONTRACT

     

    7.1 We may end the contract for a Product at any time by writing to you if:

     

    (a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

     

    (b) 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

     

    7.2 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product. This might be because the product is out of stock, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.

     

    8. PRICE AND PAYMENT

     

    8.1 It is always possible that, despite our best efforts, some of the Products we sell 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.

     

    8.2 We accept payment by cheque or credit card. Payments and delivery charges are made in advance. Please see ‘Methods of Payment’

     

    9. OUR LIABILITY IF YOU ARE A CONSUMER

     

    9.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms,, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

     

    9.2 We supply Products to you for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for:

     

    (a) any loss of profit (whether direct or indirect);

     

    (b) any loss of business (whether direct or indirect);

     

    (c) any business interpretation (whether direct or indirect);

     

    (d) any loss arising from viruses, Trojans or other harmful elements being introduced into your computer or network (whether direct or indirect);

     

    (e) any loss of business opportunity (whether direct or indirect); and/or

     

    (f) any indirect, consequential or special loss.

     

    9.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, for fraud or fraudulent misrepresentation or any liability which cannot be excluded as a matter of law.

     

    10. OUR LIABILITY IF YOU ARE A BUSINESS CUSTOMER

     

    10.1 Nothing in these terms shall limit or exclude our liability for:

     

    (a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

     

    (b) fraud or fraudulent misrepresentation;

     

    (c) 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;

     

    (d) defective products under the Consumer Protection Act 1987; or

     

    (e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.

     

    10.2 Subject to clause 10.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us.

     

    11. HOW WE MAY USE YOUR PERSONAL INFORMATION

     

    11.1 We will use the personal information you provide to us:

     

    (a) to supply the Products to you;

     

    (b) to process your payment for the Products; and

     

    (c) if you agreed to this during the order process, to give you information about similar Products that we provide, but you may stop receiving this at any time by contacting us by phone (see paragraph 1.2 above) or by using the “unsubscribe” link in any email communications we have sent to you.

     

    12. FORCE MAJEURE

     

    12.1 We will not be liable for any failure or delay in performing any of our obligations under these terms that is caused by an event outside our control. This means any circumstance not within our reasonable control including, without limitation: acts of God, flood, drought, earthquake or other natural disaster; epidemic or pandemic; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; nuclear, chemical or biological contamination or sonic boom; any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition.

     

    13. OTHER IMPORTANT TERMS

     

    13.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

     

    13.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. These Terms are between you and us. No other person shall have any rights to enforce any of its terms, including under the Contracts (Rights of Third Parties) Act 1999.

     

    13.3 Each of the paragraphs of these terms 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.

     

    13.4 Even if we delay in enforcing this contract, we can still enforce it later. 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

     

    13.5 These terms are governed by English law. Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

     

    13.6 If you are a consumer located in Europe and a dispute arises between you and Wiley, we recommend you contact us first to seek a resolution by emailing: cs-books@wiley.com. If the dispute cannot be resolved between us, we will consider your reasonable request to resolve the dispute through an alternative dispute resolution process (“ADR”). ADR is a process where an independent body considers the facts of a dispute and seeks to resolve it, without having to go to court. If we agree to using an ADR process, you can submit your complaint to the Centre for Effective Dispute Resolution via its website http://www.cedr.com/.  You should not submit your complaint until you have received notice from us in writing (and this could be an email) that we have agreed to resolve your complaint via ADR.