Scariodintt Publisharys - our terms and conditions of supply of products

1.          These terms

1.1        What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods and/or digital content.

1.2        Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

1.3        If you do not agree to these terms, you should not place an order with us. If you do place an order with us, you will be deemed to have accepted these terms.

2.          Information about us and how to contact us

2.1        Who we are. We are Scariodintts Limited (trading as Scariodintt Publisharys), a company incorporated and registered in England and Wales. Our company registration number is 11854628 and our registered office is at Hereford House, 3 Offa Street, Hereford HR1 2LL, United Kingdom. We are registered for VAT and our registration number is 350 706 811.

2.2        How to contact us. You can contact us by writing to us by email at the-octunnumi@the-octunnumi.com or by post to Hereford House, 3 Offa Street, Hereford HR1 2LL, United Kingdom.

2.3        How we may contact you. 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.

2.4        "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3.          Our contract with you

3.1        How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.  These terms will form the basis of that contract.

3.2        If we cannot accept your order. 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 and we do not know when we will be able to restock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, because we cannot deliver the physical product to the country or state in which you reside, or for some other reason beyond our control.


3.3        Your order number. We will assign an order number to your order and tell you what it is when we accept your order. You should tell us the order number whenever you contact us about your order.

3.4        We only sell to customers in countries to which we can deliver. We can only sell physical products to customers in countries or states to which we can deliver. If we can’t deliver physical products to where you live, we will not accept your order. We are not responsible if you are unable to download our digital content, whether this is because of legal restrictions in the country or state in which you live, or otherwise. If we are aware that you will be unable for legal reasons to download any of our digital content, we will not accept your order for such content.

4.          Our products

4.1        What we do and what we offer. We are a book publisher. As at the date of these terms (see the end of these terms to find out the date when they were last updated) we only publish one book – The Octunnumi Fosbit Files Prologue by Trevor Alan Foris – in printed book form only, together with an augmented reality app, which is currently available as a free download from the Apple App Store or Google Play. You can find out more information about our augmented reality app at our website at https://www.the- octunnumi.com/app-info. But we intend in the future to publish further books in the Octunnumi series and offer other products and content. These terms will apply equally to such further products and content as they do to the products currently available from us.


4.2        Goods, digital content and products. In these terms, where we refer to “goods” we are referring to physical products, namely printed books (and any other physical products that we may offer for sale, in the future), and where we refer to “digital content” we are referring to the app and to any other digital content that we may make available in the future, whether for free download and/or purchase – this might include an e-book, an audiobook or any other content that can be downloaded or streamed or otherwise obtained by electronic means). The expression “products”, as used in these terms, includes both goods and digital content.

4.3        Products may vary slightly from their pictures. The images of the products on our website and social media accounts are for illustrative purposes only. Although we make every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colours of the products. Your product may vary slightly from those images.

4.4        Product packaging may vary. The packaging of the physical product is an important part the product itself, and it may vary from that shown in images on our website or social media accounts, as we endeavour to improve and refresh the packaging style from time to time. Further, physical products shipped to locations outside the UK will be packaged in an outer wrapping, but this is purely for protection purposes only and does not form part of the physical product itself. Similarly, the black cardboard box in which books are dispatched is only for protection during postage and does not form part of the product.

4.5        Product content may vary. Each printing (edition) of the printed book is and will be slightly different from any previous editions in some subtle way or ways. There may also be differences from time to time in the digital content. See if you can spot the differences!

5.          Your rights to make changes to your order

If you wish to make a change to an order you have placed, please contact us. We will let you know if the change is  possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and we will ask you to confirm whether you wish to go ahead with the change. If we cannot make the change (for example, because the product has already been dispatched to you) or if the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 - Your rights to end the contract).

6.          Our rights to make changes

6.1        Minor changes to the products. We may change the products:

(a)    to provide some content that is subtly different to previously available content;

(b)    to reflect changes in relevant laws and regulatory requirements; and

(c)    to implement minor technical adjustments and improvements, for example to address a security
threat. These changes will not affect your use or enjoyment of the product.

6.2        Changes to these terms. From time to time, we may make changes to these terms, but if we do so before we have shipped any physical product to you or made available digital content to you for download or streaming, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received. Other than that, it is your responsibility to check for updates to these terms, and by continuing to use our website and placing orders, you are agreeing to any update to these terms.

6.3        Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it. We can make any changes to digital content that we make available to you as a free download.

7.          Providing the products

7.1        Delivery costs. The costs of delivery will be as displayed to you on our website.

7.2        When we will provide the products.

(a)    If the products are goods. If the products are goods, we will deliver them to you as soon as reasonably possible. We will endeavour to contact you with an estimated delivery date, which should be within 6 weeks after the day on which we accept your order. However, there are times when the demand for our products is so high that delivery can take longer. This is because our production standards are very high and our products unique, and we will not compromise on quality in order to deliver products more quickly than would otherwise be possible.

(b)    If the product is or includes a one-off purchase or free download of digital content. We will make the digital content available for download by you as soon as we accept your order and, where applicable, receive your payment.

7.3        We are not responsible for 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 reasonable steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay (by which we mean a delay of more than two months) you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.4        We use an external service for fulfilment and delivery. We use an external supplier for all aspects of fulfilment and delivery of orders.

7.5        If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our delivery agent will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.6        If you do not re-arrange delivery. If you do not collect the products from us or our delivery agent as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we or our delivery agent will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we or our delivery agent are unable to contact you or re-arrange delivery or collection, we may end the contract.

7.7        When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.

7.8        When you own goods. You own a product which is goods once we have received payment in full.

8.          Your rights to end the contract

8.1        You can end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a)    If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get some or all of your money back), see clause 10;

(b)    If you want to end the contract because of something we have done or have told you we are going to do, see clause

8.2; or
(c)    If you have just changed your mind about the product, see clause

 

8.3. This applies to UK consumers only. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.

8.2        Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a)    we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);

(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)    there is a risk that supply of the products may be significantly delayed because of events outside our control; or

(d)    you have a legal right to end the contract because of something we have done wrong.

8.3        Exercising your right to change your mind (UK Consumer Contracts Regulations 2013). For most products bought online, UK consumers only have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4        When you don't have the right to change your mind. You do not have a right to change your mind in respect of:

(a)    printed books that are wrapped in packaging which is an integral part of the product, once you have opened or started to open the packaging – this is because the product will then deteriorate rapidly (for example, with finger marks) and cannot subsequently be resold by us as new;

(b)    digital products after you have started to download or stream these; and

(c)    sealed audio or sealed video recordings or sealed computer software, once these products are
unsealed after you receive them.

8.5        How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.

(a)    Have you bought digital content for download or streaming (for example, an app, an audiobook or an e-book)? if so, you have 14 days after the day we email you to confirm we accept your order, 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.

(b)    Have you bought goods (for example, printed books)?, if so you have 14 days after the day you (or someone you nominate) receives the goods, unless:

(i)     Clause 8.4 (a), (b) or (c) applies – see above;

(ii)    Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receive the last delivery to change your mind about the goods.

9.          How to end the contract with us (including if you have changed your mind)

9.1        Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a)    Email. Email us at the-octunnumi@the-octunnumi.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b)    By post. Write to us at Hereford House, 3 Offa Street, Hereford HR1 2LL, United Kingdom, including details of what you bought, when you ordered or received it and your name and address.

9.2        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. You must post them back to our logistics team at by recorded delivery or the equivalent international method whereby you receive a writtern confirmation of delivery at the following address;


CQL/PLI,

Unit 1 Cowley Mill Trading Estate Longbridge Way
Uxbridge Middlesex

UB8 2YG
United Kingdom.

If you are a UK consumer exercising your right to change your mind, you must send off the goods within 14 days of telling us you wish to end the contract.

9.3        When we will pay the costs of return. We will reimburse the costs of return only in these situations:

(a)    if the products were faulty when supplied to you by us or were misdescribed by us;

(b)    if you are ending the contract because we have told you of an upcoming change to the product or to these terms, 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 your right to change your mind) you must pay the costs of return.

9.4        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.

9.5        Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

(a)    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.

(b)    The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.

(c)    We may deduct a cancellation charge equivalent (as near as reasonably possible) to the amount that we are charged in respect of your cancelled order plus any administration fees.

9.6        When your refund will be made. We will make any refunds due to you as soon as reasonably possible. If you are a UK consumer exercising your right to change your mind then:

(a)    If the products are goods, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.

(b)    In all other cases, your refund will be made within 14 days of your telling us you have changed your mind

10.        If there is a problem with the product

10.1      How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us by email at the- octunnumi@the-octunnumi.com or by post to Hereford House, 3 Offa Street, Hereford HR1 2LL, United Kingdom.

10.2      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.

10.3      Your obligation to return rejected products. If you wish to exercise your legal rights to reject products that are goods, you must post them back to us by recorded delvery or the equivalent international method whereby   you receive a writtern confirmation of delivery at the address specified in clause 9.2 above . We will reimburse the costs of postage if, when we inspect them, we accept that the returned goods were faulty when supplied to you by us or were misdescribed by us. . Please email us at the-octunnumi@the- octunnumi.com for an address label

11.        Price and payment

11.1      Where to find the price for the product. The price of the product (which includes VAT, where applicable) will be the price indicated on the order pages of our website when you placed your order. Please note: all prices are displayed on our website in GBP (pounds sterling) and if you are ordering from outside the UK, the price will be converted into your local currency. We take all reasonable care to ensure that the price of the product advised to you is correct. However
please see clause 11.3 for what happens if we discover an error in the price of the product you order.

11.2      We will pass on changes in the rate of VAT. If the rate of Value Added Tax (VAT) changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay on any affected products, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

11.3      What happens if we got the price wrong. 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. If we accept and process your order where a pricing error is obvious and unmistakeable 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 goods provided to
you.

11.4      When you must pay and how you must pay. We accept payment with Visa, Mastercard, Maestro and Amex (including prepaid Visa and Mastercard). When you must pay depends on what product you are buying:

(a)    For goods, you must pay for the products when placing your order.

(b)    For paid digital content, you must pay for the products before you download them.

11.5      What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.

12.        Our responsibility for loss or damage suffered by you

12.1      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 breaking this contract 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, for example, if you discussed it with us during the sales process.

12.2      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, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products, including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987.

12.3      If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

12.4      We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.        Digital content use, rights and requirements
Digital content that we supply to you is subject to the following specific terms (the Digital Content Terms):

13.1      You can use the digital content for your personal, non-commercial use only.

13.2       You can store digital content on your personal computer, e-book reader, tablet or smartphone, or on any other personal device owned by you and which is capable of storing the digital content.

13.3      If any of our digital content has the capability to be exported, then this is solely for your personal use and does not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any text, audio or video content, sound recording, underlying musical composition, or artwork embodied in any digital content.

13.4      You do not have any commercial or promotional use rights in the digital content, nor do you have any right to copy any digital content for the purposes of distributing such copies to another device or online.

13.5      Our digital content may be subject to digital rights management, which allows you to use the digital content but may restrict the ability to copy, paste and print from the digital content.

13.6      You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of our digital content or used to administer these Digital Content Terms.

13.7      Digital content may not be copied, adapted, translated, made available, distributed, varied, modified, disassembled, decompiled, reverse engineered or combined with any other software, except to the extent that:

(a)   this is permitted in these Digital Content Terms; or

(b)   applicable law expressly provides such a right which cannot legally be excluded by contract.

13.8     Except to the extent expressly provided by us in writing, digital content is provided 'as is' – that means that it is supplied without any warranties, terms or conditions as to quality, fitness for purpose, performance or correspondence with description, and we do not offer any warranties or guarantees in relation to digital content installation, configuration or error/defect correction.

13.9      Use of the digital content requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the digital content involves hardware, software, and Internet access, your ability to use the digital content may be affected by the availability and performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

13.10     We reserve the right to modify these Digital Content Terms at any time.

14.        How we may use your personal information

How we may use your personal information. We will only use your personal information as set out in our privacy policy.

15.        Other important terms

15.1      We may transfer this agreement to someone else. 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. If you are unhappy with the transfer, you may contact us to end the contract within 21 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

15.2      You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3      Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4      If a court finds part of this contract illegal, the rest will continue in force. 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.

15.5      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.

15.6      Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. If you live elsewhere, the question of where you can bring legal proceedings in respect of the products will depend on what the problem is and where you live. Please be assured that we will always try to resolve any issue that you have without the need for either you or us to initiate legal proceedings.

15.7      Alternative dispute resolution. Alternative dispute resolution (ADR) is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact us again to ask whether we can resolve the issue by means of an ADR process.

Last updated: 10 March 2021