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Terms of use

These terms and conditions of sale (the ‘Conditions’) are the operative terms in any contractual transaction (the ‘Contract’) between (1) HarperCollins Publishers Limited (as the ‘Supplier’) and (2) any potential purchaser (the ‘Buyer’) who completes HarperCollins’ order form (the ‘Order’) for Goods offered for sale by the Supplier on this website (the ‘Website’). By using the Website you consent to these Conditions.

 

1. SALE 

The Buyer shall place an order for Goods by submitting an order via the URL page on the Website. The Supplier shall confirm acceptance of the Buyer's Order by email only and will supply the Goods to the Buyer in accordance with the Buyer's Order. In the event of the Buyer not receiving an email confirmation, the Buyer’s order shall be deemed to have been rejected. The Seller reserves the right to refuse or decline any Order or refuse access to its Website.
These Conditions shall govern the Contract to the exclusion of any other terms or conditions. 
Any representation which is not confirmed by email by the Supplier will not be binding on the Supplier. 
Any variation to these Conditions must be agreed in writing between the Buyer and the Supplier. 

The Supplier shall have no obligation to supply the Goods to the Buyer upon the Goods having ‘sold out’. In the event that the Seller inadvertently confirms an Order when in fact the Goods have sold out, it shall make a refund to the Buyer of the amount debited from the Buyer’s debit/credit card and be at liberty to terminate any order placed without any additional liability to the Buyer.

It is the Buyer responsibility to provide the Seller with correct details and notify the Seller immediately of any changes to the Buyer’s details. The Buyer is responsible for keeping confidential the Buyer’s password (if appropriate) and preventing unauthorised use of the Buyer’s computer. The Buyer shall be responsible for all activities carried out on the Buyer’s account or password.

 

2. ORDERS AND QUOTES 

2.1 In placing an order for the Goods the Buyer acknowledges that: 

2.1.1 all information and specifications relating to the Goods are approximate only; and 

2.1.2 the limitations of monitor capabilities and of printers mean that the colour of the products on the WebSite may vary from the Goods supplied to the Buyer under the Contract. 

2.2 To the extent permitted by law, any error on the Website or other document or information issued by the Supplier may be corrected without any liability to the Supplier. 

2.3 The Supplier may make any changes in the specification of the Goods to conform with any statutory or European Union requirements.
 

3. RIGHT OF WITHDRAWAL & RETURNS

3.1 The Buyer has the right to withdraw from the Contract within 7 working days (provided the Buyer has taken reasonable care of the Goods, which shall mean for the purposes of this Contract kept the Goods in the packaging in which they were delivered to the Buyer at all times) after the Goods have been delivered to the Buyer by giving written notice of withdrawal. Upon the Goods being received back by the Supplier, the Supplier shall credit the Buyer’s credit/debit card used to pay for the Goods for the amount paid for the Goods. It is the Buyer’s responsibility to return the Goods to the Supplier, such Goods to be returned in their original packaging and fit for re-sale.  Please return your Goods to the Supplier at the following address:

Tolkien Returns

Web Customer Services

HarperCollins Publishers

Westerhill Road

Glasgow

G64 2QT

 

3.2 The Buyer shall pay the cost of returning the Goods to the Supplier by the same method as they were delivered in the event that the Goods had been dispatched by the Supplier prior to receipt of the written notice of withdrawal. 

The Buyer shall pay the cost of returning the Goods to the Supplier by the same method as they were delivered in the event that the Goods had been dispatched by the Supplier prior to receipt of the written notice of withdrawal. 

3.3 The right of withdrawal contained in Clause 3.1 does not apply to digital products which become non-returnable at the moment of download or to audio-recordings if the seal on the audio recording has been broken.

3.4 Returning Print on Demand Product

Please note that the usual returns policy does not apply for Print on Demand product,  and these items cannot be returned, unless there is a manufacturing error or product defect, this does not affect your statutory rights. Cancellations and changes must be made by 10.00 a.m. on the day after you place your order. Print on Demand service is available with standard delivery only, please allow up to 5 additional working days for delivery.

 

4. PRICE

4.1 The price of the Goods shall be the price quoted on the WebSite on the date of acceptance of the Order by the Supplier, subject to any inadvertent pricing errors (whether technical or otherwise) by the Supplier. If the Supplier discovers a pricing error for any Goods it shall have the right to cancel the Order without any liability to the Buyer and shall refund any monies paid by the Buyer.

4.2 Delivery charges are contained on the Website.

 

5. PAYMENT TERMS 

5.1 Payments shall be made by credit card on the date on which the Buyer's order is accepted by the Supplier. 

5.2 Credit cards accepted by the Supplier are those listed on the WebSite. 

5.3 The Supplier uses WorldPay (a third party) to process your credit card information. Your credit card information does not pass through the Website.

5.4 For non-UK destinations, the Consignee (i.e. the person to whom the Order is sent) will be responsible for both customs clearance and payment of customs duties and local taxes where required. Please see our section 6.5 Customs Charges for further details.

5.5 In accordance with Section 19 of the Consumer Protection (Distance Selling) Regulations 2000 in a situation where money has been taken in advance of performance we will inform the consumer service of the date of release of the product before they place their order (by placing their order they are agreeing to the terms, that we can receive payment in advance of delivery), and release it to them at the quoted time. Where the supplier is unable to perform the contract because the goods or services ordered are not available, within the period for performance referred to in paragraph (1) or such other period as the parties agree (“the period for performance”), he shall—(a)     inform the consumer; and

(b)     reimburse any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was made.

 

6. DELIVERY 

6.1 Time for delivery shall not be of the essence. The supplier shall endeavour to deliver the Goods within 30 days of the date of acceptance by the Supplier of the Order.

6.2 If the Buyer does not take delivery of the Goods or give the Supplier adequate delivery instructions then the Supplier may store the Goods until actual delivery and charge the Buyer for the reasonable costs of storage.

6.3 If the Goods delivered to the Buyer do not include all of the Goods ordered by the Buyer or the incorrect Goods, the Buyer shall inform the Supplier in writing within 14 working days from the date of delivery.

6.4 If you experience any problems with your order or in using this site, or if you have any complaints relating to the Goods, please contact us at the address below and we will be happy to assist you:

Web Customer Services

HarperCollins Publishers

Westerhill Road

Glasgow

G64 2QT

Telephone: 0844 576 8112 during business hours (8.30am-5.30pm Monday to Friday excluding UK Bank Holidays and Public Holidays).

Email: weborders@harpercollins.co.uk

 

6.5 Customs Charges

If you are ordering goods for delivery outside of the UK, please note that your order may be subject to import duties and taxes, which are levied once the package reaches the destination country. Any such charges levied in relation to customs clearance must be borne by you. It is accepted by you that Harper Collins has no control over additional charges in relation to customs clearance and you must comply with all laws and regulations of the country in which you are receiving the goods. Customs policies vary widely from country to country so Harper Collins recommends that you check with your local customs officials or post office for more information regarding importation taxes / duties that may be applicable to your on-line order. You will be the importer of the goods and responsible for any import VAT and duty that may be borne. In addition, any charges for import clearance will be borne by you, the customer. We may provide certain order, delivery and product information, such as titles, to our international carriers and such information may be communicated by the carriers to customs authorities in order to facilitate customs clearance and comply with local laws.

 

7. RISK AND OWNERSHIP

7.1 Risk of damage or loss of the Goods shall pass to the Buyer on delivery or, if the Buyer fails to take delivery of the Goods, the time when the Supplier has tried to deliver the Goods. 

7.2 Title in the Goods shall pass to the Buyer on delivery of the Goods, provided the Goods have been paid for in full. 
 

8. INTELLECTUAL PROPERTY

8.1 All intellectual property and other proprietary rights (including, but not limited to, copyright and trademarks) in the Goods shall remain, the property of the Supplier only.

 

9. WARRANTY AND LIABILITY 

9.1 Nothing in this clause 9 shall exclude the Supplier's liability for death or personal injury caused by its negligence. 

9.2 Subject to the conditions set out below and Clause 2.1.2 the Supplier warrants that the Goods will correspond with the Order at the time of delivery and will be of satisfactory quality. 

9.3 If the Supplier is in breach of the warranty contained at clause 9.2 above, the Buyer shall advise the Supplier in writing immediately and in any case not later than 14 working days from the date of discovery of the defect. 

9.4 On receiving a notice under clause 9.3 above and receipt of the Goods, the Supplier will refund the price of those Goods which are defective, subject to the Supplier being satisfied that the Goods are defective as stated by the Buyer. 

9.5 The warranty contained in clause 9.2 shall be the extent of the Supplier's liability for defective Goods. 

9.6 The Goods are not sold as fit for any particular purpose and any terms of warranty or condition express implied or statutory to the contrary is excluded to the extent allowed in law. 

9.7 Save as expressly provided in these Conditions all warranties conditions terms and liabilities express or implied by statute or common law are excluded to the fullest extent permitted by law and the Supplier will not be liable to the Buyer for any loss of any kind whatsoever which arises out of the breach of implied warranties or conditions or breach of any other duty of any kind imposed on the Supplier by operation of law. 

9.8 The Supplier will not be liable for any of the following losses which may arise by reason of any breach of the Contract or any implied warranty, condition or other term, any representation or any duty of any kind imposed on the Supplier by operation of law: 

9.8.1 any loss of anticipated profits or expected future business; 

9.8.2 damage to reputation or goodwill; 

9.8.3 any damages costs or expenses payable by the Buyer to any third
party; 

9.8.4 loss of any order or contract; or 

9.8.5 any consequential loss of any kind. 

9.9 Unless otherwise provided in these Conditions, and subject to clause 9.1, the liability of the Supplier for breach of any express or implied term of this Agreement shall be limited to the reasonable cost of remedying any defect in the Goods or other matter constituting a breach and in no circumstances shall the Supplier's liability exceed the total amount paid by the Buyer to the Supplier under the Contract. 

9.10 Without prejudice to any other provision of this clause 9, the Supplier will not be in breach of the terms of the Contract for any delay in performing, or failure to perform, its obligations under the Contract if that delay or failure was due to any cause or circumstance beyond the Supplier's reasonable control.

 

10. TERMINATION

10.1 The Supplier may terminate this Contract or any other contract between the parties and may cancel or suspend future deliveries (under this Contract or any other contract) if the Buyer: 

10.1.1 is in breach of these Conditions or any other contract between the parties; or 

10.1.2 has a petition presented for its winding up or for an administration order to be made in respect of it; has a receiver or administrative receiver appointed over it or any of its assets; resolves to wind itself up (other than for a solvent reorganisation); has a bankruptcy order made against it or and of its partners; or enters, or proposes to enter into a composition or voluntary arrangement with its creditors. 

10.2 On termination, the Buyer shall pay to the Supplier all costs, expenses (including legal and other fees incurred), arrears, charges or other payments arising in respect of the Goods under the contract.  

10.3 Termination shall not affect the Supplier’s accrued rights under the Contract.

 

11. WITHDRAWAL AND USE OF GOODS 

11.1 The Supplier may withdraw the sale or distribution of any goods produced by or generally supplied by the Supplier without prior notice, or liability, to the Buyer. 

11.2 If the Supplier provides the Buyer with information about the use for which the Goods are designed and about any conditions necessary to ensure that the Goods will be safe then the Buyer shall use the Goods accordingly.

 

12. GENERAL

12.1 Any notice required under these Conditions to be given to the Supplier shall be in writing and addressed to its registered office or principal place of business or any other address notified by the Supplier. Any notice shall be deemed to be served: 

12.1.1 if sent by pre-paid first class post two days after it is posted; or 

12.1.2 if sent by email the day following transmission (as contained on the email receipt)

12.2 If any of these Conditions is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby and shall continue to be valid and enforceable to the fullest extent permitted by law. 

12.3 The Contract and these Conditions shall be under English law and the parties submit to the exclusive jurisdiction of the English Courts if there are any disputes between them of any kind. 

12.4 The Buyer shall not transfer, assign or sub-contract its obligations under the Contract without the Supplier's prior consent in Writing. 

12.5 Failure or neglect by the Supplier to enforce at any time any of these Conditions shall not be a waiver of the Supplier's rights and it shall not affect the validity of the whole or any part of these Conditions or prejudice the Supplier's right to take subsequent action. 

12.6 Nothing in these terms and conditions is intended to confer on any third party any benefit or any right to enforce any terms contained in these terms and conditions.

12.7 If you are under the age of 18 years you may only use the Website with the involvement of a parent of legal guardian.

12.8 The Website is to be used for personal and not commercial use by the Buyer.

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© 2014 HarperCollins Publishers Ltd, registered in Scotland, Company No. 27389. Registered address: Westerhill Road, Bishopsbriggs, Glasgow G64 2QT. Tolkien, various forms of Tolkien’s signature and monogram, and the titles of Tolkien’s works are registered trade marks of The J.R.R. Tolkien Estate Limited and/or its licensees. HarperCollins Publishers Ltd and The J.R.R. Tolkien Estate Limited expressly reserve all their rights in the content of the site.

© Warner Bros. Entertainment Inc. All rights reserved. THE HOBBIT: THE DESOLATION OF SMAUG and the names of the characters, items, events and places therein are trademarks of The Saul Zaentz Company d/b/a Middle-earth Enterprises under license to New Line Productions, Inc.

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